§ 164.540

164.5 40 Council on Postsecondary Education designated agency of state for purposes of regional compact -- Commonwealth not to maintain educational institutions that are discriminatory -- Authorized actions on behalf of the Commonwealth. (1) The Council on P ostsecondary Education in Kentucky as defined in KRS 164.011 is hereby designated as the agency of the Commonwealth of Kentucky charged with the responsibility and vested with all necessary authority, subject to the conditions and restrictions set out in s ubsection (2) of this section, to carry out the obligations, participate in the planning and negotiations, and administer the rights, benefits, and privileges, devolving upon the Commonwealth of Kentucky and its citizens pursuant to the regional compact re ferred to in KRS 164.530, and to do all such other acts and things as may be necessary or desirable to implement the provisions of said regional compact efficiently and impartially for the benefit of all citizens of the Commonwealth. (2) In its participati on in the regional compact, or in any other regional plan having a similar purpose, the Commonwealth of Kentucky shall not erect, acquire, develop, or maintain in any

onwealth. (2) In its participati on in the regional compact, or in any other regional plan having a similar purpose, the Commonwealth of Kentucky shall not erect, acquire, develop, or maintain in any manner any educational institution within its borders to which any student would be refus ed entrance on the basis of race, national origin, gender, creed, or religion. (3) Notwithstanding any other law governing the offering of postsecondary education in the state, the council shall be authorized to take the following actions on behalf of the Commonwealth: (a) Enter into the State Authorization Reciprocity Agreement, which establishes uniform national standards for interstate offerings of postsecondary distance education and authorizes postsecondary educational institutions meeting those standa rds located in member states or territories to provide distance education to residents of the Commonwealth; (b) Serve as the lead or 'portal' agency on behalf of the Commonwealth's public and private postsecondary institutions seeking to offer distance edu cation in member states by: 1. Managing functional and administrative state responsibilities under the State Authorization Reciprocity

private postsecondary institutions seeking to offer distance edu cation in member states by: 1. Managing functional and administrative state responsibilities under the State Authorization Reciprocity Agreement; and 2. Serving as the official contact for other states and students from other states on matters pertaining t o the agreement; and (c) Promulgate administrative regulations in accordance with KRS Chapter 13A to establish procedures for participation by Kentucky postsecondary institutions in the State Authorization Reciprocity Agreement. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 60, sec. 1, effective July 15, 2016. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 110, effective May 30, 1997. -- Amended 1992 Ky. Acts ch. 10, sec. 20, effective July 1, 1992. -- Amended 1978 Ky. Acts ch. 155, s ec. 104, effective June 17, 1978. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XIV, sec. 3. -- Created 1950 Ky. Acts ch. 255, secs. 2 and 3.