11 KAR 15:090reg. Kentucky Educational Excellence Scholarship (KEES) Program  


Latest version.
  •       Section 1. Definitions. (1) "Academic term" means the fall or spring semester or their equivalence under a trimester or quarter system at a postsecondary education institution and does not include summer sessions.

          (2) "Accredited out-of-state high school" means a high school that is:

          (a) Located in a state other than Kentucky or in another country; and

          (b) A member of an organization belonging to the Commission on International and Trans-Regional Accreditation.

          (3) "ACT" means the test:

          (a) Administered to a student for entrance to a Kentucky postsecondary education institution; and

          (b) Owned by the ACT Corporation of Iowa City, Iowa.

          (4) "Advanced placement" or "AP" is defined by KRS 164.002(1).

          (5) "Cambridge Advanced International" or "CAI" is defined by KRS 164.002(2).

          (6) "Course" means the equivalent of one (1) credit as determined by the Kentucky Department of Education (KDE) in 704 KAR 3:305.

          (7) "Department of Defense school" means a school operated by the U. S. Department of Defense for the purpose of providing a high school education to a child whose custodial parent or guardian is in active military or diplomatic service in a state other than Kentucky or in another country.

          (8) "Dual credit" is defined by KRS 158.007(8).

          (9) "Enrolled" means the status of a student who has completed the registration requirements, except for the payment of tuition and fees, at a participating postsecondary education institution that the student is attending.

          (10) "Free and Reduced Price Lunch" means the National School Lunch program established by the United States Department of Agriculture to provide subsidized meals to lower income students.

          (11) "GED" means a general educational development diploma awarded to a student.

          (12) "International Baccalaureate" or "IB" is defined by KRS 164.002(7).

          (13) "SAT" means the test:

          (a) Administered to a student for entrance to a Kentucky postsecondary education institution; and

          (b) Owned by the College Board.

     

          Section 2. High School Grade Point Average Calculation and Reporting. (1) An eligible high school student’s grade point average for an academic year shall be calculated using each letter grade awarded for all courses taken during an academic year. The grading scale cutoff scores used to determine the letter grade for each course shall be the same as those used to determine the letter grade for each course reported on the student’s official high school transcript.

          (2)(a) Except as provided in paragraphs (b) and (c) of this subsection, an eligible high school student’s grade point average shall be calculated by:

          1. Taking the number of units in a course multiplied by the course grade as expressed on a 4.0 point grading scale where 4.0 is an "A", 3.0 is a "B", 2.0 is a "C", 1.0 is a "D", and 0.0 is an "F";

          2. Adding the total number of points accumulated for an academic year; and

          3. Dividing the total number of points accumulated in subparagraph 2 of this paragraph by the total number of units for the academic year.

          (b) For an eligible high school student taking an AP, IB, or CAI course during the academic year, the course grade assigned shall be calculated using a 5.0 point scale where 5.0 is an "A", 4.0 is a "B", 3.0 is a "C", 2.0 is a "D", and 1.0 is an "F".

          (c) Beginning with the academic year 2015-2016, for an eligible high school student taking a dual credit course during the academic year, the course grade assigned shall be calculated using a 5.0 point scale where 5.0 is an "A", 4.0 is a "B", 3.0 is a "C", 2.0 is a "D", and 1.0 is an "F". This weighted scale shall not be applicable to a remedial course.

          (3) The grade point average reported for an eligible high school student for each academic year shall include all information as set forth in KRS 164.7885(1) and be submitted to the authority in either an electronic or hard copy format.

          (4) A high school student who participated in an educational high school foreign exchange program or the Congressional Page School that was approved by the student's local high school shall have the student's grade point average reported in accordance with KRS 164.7879(2)(b).

     

          Section 3. High School Students of Custodial Parents or Guardians in Active Military Service. (1)(a) For purpose of determining eligibility under the provisions of KRS 164.7879(2)(c), a high school student shall establish that the custodial parent or guardian meets the requirements of KRS 164.7879(2)(c)1a and b and shall submit the Home of Record Certification form to the authority.

          (b) The authority annually shall notify the eligible high school student and the custodial parent or guardian of the student's eligibility.

          (2)(a) A high school student, determined to be eligible for the KEES program under the terms of KRS 164.7879(2)(c) and subsection (1)(a) of this section, shall be responsible for requesting:

          1. Grade and curriculum information from the local school; and

          2. That the local school submit the information to the authority using the Curriculum Certification form and the Data Submission form.

          (b) Upon receipt of curriculum and grade information from an accredited out-of-state high school or Department of Defense school for a student determined to be eligible for the KEES Program under this section, the authority shall:

          1. Verify that the submitted curriculum meets the requirements of Section 4 of this administrative regulation;

          2. Verify that the out-of-state high school or Department of Defense school is an accredited high school; and

          3. Retain the Curriculum Certification form on file until the student’s eligibility has expired.

     

          Section 4. Postsecondary Student Eligibility and KEES Curriculum. (1) A Kentucky postsecondary student shall be eligible to receive a base scholarship award if the student:

          (a) Has earned a base scholarship award in high school;

          (b) Has completed the KEES curriculum as set forth in subsection (2) of this section;

          (c) Has graduated from a Kentucky high school except as provided in Section 2(4) or 3 of this administrative regulation; and

          (d) Is enrolled in a participating institution in an eligible program.

          (2) Except as provided in subsection (4) of this section, the KEES curriculum shall consist of the curriculum standards established in 704 KAR 3:305.

          (3) A student who graduates from high school at the end of the fall semester of his or her senior year and who meets the requirements of KRS 164.7874(7) shall be eligible to earn a KEES award for that year upon:

          (a) Completion of no fewer than three (3) courses of study; and

          (b) Satisfying the provisions of KRS 164.7879.

          (4) Except as provided in subsection (5) of this section, a high school may substitute an integrated, applied, interdisciplinary, or higher level course for a required course or required academic and career interest standards-based learning experience if the course:

          (a) Provides the same or greater academic rigor and the course covers or exceeds the minimum required content areas established in 703 KAR 4:060; or

          (b) Is an honors course, cooperative education course, AP course, IB course, CAI course, dual credit course, or a course taken at a postsecondary education institution.

          (5) Beginning with the 2012-2013 academic year, only one (1) cooperative education course per academic year shall count for purposes of satisfying KEES curriculum requirements.

          (6) A high school annually shall provide written documentation to a student advising if the student’s schedule of coursework meets the requirements of the KEES curriculum.

     

          Section 5. Eligible Postsecondary Education Programs. (1) An eligible program shall be a certificate or degree program offered by a participating institution and recognized by the authority pursuant to 11 KAR 15:010, Section 1(10).

          (2) Except as established in subsection (4) of this section, an eligible program at an out-of-state participating institution shall be limited to those programs that qualify through the Academic Common Market administered by the Southern Regional Education Board.

          (3) Pursuant to KRS 164.7881(6), the following academic programs at Kentucky postsecondary education institutions shall be approved as five (5) year baccalaureate degree programs:

          (a) Landscape architecture (04.0601); and

          (b) For students that graduated from high school not later than the 2004-2005 academic year, engineering if enrollment in the engineering program has been continuous (14.0101, 14201, 14.0301, 14401, 14501, 14.0701, 14.0801, 14.0901, 14.1001, 14.1201, 14.1301, 14.1401, 14.1701, 14.1801, 14.1901, 14.2101, 14.2301, 14.2401, 14.2801, 14.9999.01, 14.3501).

          (4) Pursuant to KRS 164.7881(4)(c)1, an academic program shall be designated as an equivalent undergraduate program of study if the student in the program of study:

          (a) Has not received eight (8) academic terms of a KEES award;

          (b) Is classified by an institution as a graduate or professional student and is enrolled in one (1) of the following academic programs:

          1. Pharm. D;

          2. The optometry or veterinary medicine programs at an institution, which is a part of the Kentucky Contract Spaces Program; or

          3. A program contained on the Equivalent Undergraduate Programs List; and

          (c) Has not completed a baccalaureate degree.

     

          Section 6. SAT Conversion Table. (1) Pursuant to KRS 164.7874(3), the following SAT to ACT Conversion Table shall be used to convert scores for SAT exams taken prior to the 2011-2012 academic year:

    Table C-2

    Concordance Between SAT I Recentered V+M Score and ACT Composite Score

    SAT I

    V+M

    ACT

    Composite

    SAT I

    V+M

    ACT

    Composite

    SAT I

    V+M

    ACT

    Composite

    SAT I

    V+M

    ACT

    Composite

    SAT I

    V+M

    ACT

    Composite

    1600

    35-36

    1370

    31

    1140

    25

    910

    19

    680

    14

    1590

    35

    1360

    31

    1130

    25

    900

    19

    670

    14

    1580

    35

    1350

    30

    1120

    24

    890

    18

    660

    14

    1570

    35

    1340

    30

    1110

    24

    880

    18

    650

    13

    1560

    35

    1330

    30

    1100

    24

    870

    18

    640

    13

    1550

    34

    1320

    30

    1090

    24

    860

    18

    630

    13

    1540

    34

    1310

    29

    1080

    23

    850

    17

    620

    13

    1530

    34

    1300

    29

    1070

    23

    840

    17

    610

    13

    1520

    34

    1290

    29

    1060

    23

    830

    17

    600

    13

    1510

    34

    1280

    29

    1050

    22

    820

    17

    590

    13

    1500

    33

    1270

    28

    1040

    22

    810

    17

    580

    12

    1490

    33

    1260

    28

    1030

    22

    800

    16

    570

    12

    1480

    33

    1250

    28

    1020

    22

    790

    16

    560

    12

    1470

    33

    1240

    28

    1010

    21

    780

    16

    550

    12

    1460

    33

    1230

    27

    1000

    21

    770

    16

    540

    12

    1450

    32

    1220

    27

    990

    21

    760

    16

    530

    12

    1440

    32

    1210

    27

    980

    21

    750

    15

    520

    12

    1430

    32

    1200

    26

    970

    20

    740

    15

    510

    11

    1420

    32

    1190

    26

    960

    20

    730

    15

    500

    11

    1410

    32

    1180

    26

    950

    20

    720

    15

    1400

    31

    1170

    26

    940

    20

    710

    15

    1390

    31

    1160

    25

    930

    19

    700

    14

    1380

    31

    1150

    25

    920

    19

    690

    14

    This table may be used to relate SAT I V+M scores to ACT Composite scores.

    The estimates are based on the test scores of 103,525 students from fourteen (14) universities and two (2) states who took both the ACT and the SAT I between October 1994 and December 1996. Because the ACT and the SAT I have different content, students’ actual scores on the ACT could differ significantly from the concordance estimates in the table.

    Source: ACT, Inc. Questions about the concordance study may be directed to ACT's Research Division (319/337-1471).

    January 1998

     

          (2) Pursuant to KRS 164.7874(3), the SAT to ACT Conversion Table included in this subsection shall be used to convert scores for SAT exams taken during or after the 2011-2012 academic year, but prior to March 2016. Only the scores from the critical reasoning and mathematics sections of the SAT within a single exam administration shall be considered for KEES supplemental awards.

    Table C-2

    Concordance Between SAT I Recentered CR+M Score and ACT Composite Score

    SAT I

    CR+M

    ACT

    Composite

    SAT

    CR+M

    ACT

    Composite

    SAT

    CR+M

    ACT

    Composite

    SAT

    CR+M

    ACT

    Composite

    SAT

    CR+M

    ACT

    Composite

    1600

    36

    1370

    31

    1140

    25

    910

    19

    680

    14

    1590

    35

    1360

    31

    1130

    25

    900

    19

    670

    14

    1580

    35

    1350

    30

    1120

    24

    890

    18

    660

    13

    1570

    35

    1340

    30

    1110

    24

    880

    18

    650

    13

    1560

    35

    1330

    30

    1100

    24

    870

    18

    640

    13

    1550

    35

    1320

    29

    1090

    24

    860

    18

    630

    13

    1540

    35

    1310

    29

    1080

    23

    850

    17

    620

    13

    1530

    34

    1300

    29

    1070

    23

    840

    17

    610

    12

    1520

    34

    1290

    29

    1060

    23

    830

    17

    600

    12

    1510

    34

    1280

    28

    1050

    23

    820

    17

    590

    12

    1500

    34

    1270

    28

    1040

    22

    810

    16

    580

    12

    1490

    34

    1260

    28

    1030

    22

    800

    16

    570

    12

    1480

    33

    1250

    28

    1020

    22

    790

    16

    560

    12

    1470

    33

    1240

    27

    1010

    21

    780

    16

    550

    11

    1460

    33

    1230

    27

    1000

    21

    770

    16

    540

    11

    1450

    33

    1220

    27

    990

    21

    760

    15

    530

    11

    1440

    33

    1210

    27

    980

    21

    750

    15

    520

    11

    1430

    32

    1200

    26

    970

    20

    740

    15

    510

    11

    1420

    32

    1190

    26

    960

    20

    730

    15

    1410

    32

    1180

    26

    950

    20

    720

    15

    1400

    32

    1170

    26

    940

    20

    710

    14

    1390

    31

    1160

    25

    930

    19

    700

    14

    1380

    31

    1150

    25

    920

    19

    690

    14

    This table may be used to relate SAT CR+M scores to ACT Composite scores.

    The estimates are based on the test scores of 300,437 students who took both the ACT and the SAT CR+M between September 2004 and June 2006. Because the ACT and the SAT CR+M have different content, students’ actual scores on the ACT could differ significantly from the concordance estimates in the table.

    Source: ACT, Inc. Questions about the concordance study may be directed to ACT's Research Division (319/337-1471).

    June, 2008

     

          (3) Pursuant to KRS 164.7874(3), the SAT and ACT Conversion Table included in this subsection shall be used to convert scores for SAT exams taken during or after March 2016. Only the scores from the Evidence-Based Reading and Writing Sections (ERW+M) of the SAT within a single exam administration shall be considered for KEES supplemental awards.

    Table C-2

    Concordance Between SAT EBR+M Score and ACT Composite Score

    SAT ERW+M

    ACT

    Composite

    SAT ERW+M

    ACT

    Composite

    SAT ERW+M

    ACT

    Composite

    SAT ERW+M

    ACT

    Composite

    SAT ERW+M

    ACT

    Composite

    1600

    36

    1380

    29

    1160

    23

    940

    17

    720

    12

    1590

    35

    1370

    29

    1150

    23

    930

    17

    710

    12

    1580

    35

    1360

    29

    1140

    23

    920

    17

    700

    12

    1570

    35

    1350

    28

    1130

    22

    910

    17

    690

    12

    1560

    34

    1340

    28

    1120

    22

    900

    16

    680

    12

    1550

    34

    1330

    28

    1110

    22

    890

    16

    670

    11

    1540

    34

    1320

    28

    1100

    21

    880

    16

    660

    11

    1530

    33

    1310

    27

    1090

    21

    870

    16

    650

    11

    1520

    33

    1300

    27

    1080

    21

    860

    15

    640

    11

    1510

    33

    1290

    27

    1070

    21

    850

    15

    630

    11

    1500

    33

    1280

    26

    1060

    20

    840

    15

    620

    11

    1490

    32

    1270

    26

    1050

    20

    830

    15

    610

    11

    1480

    32

    1260

    26

    1040

    20

    820

    14

    600

    11

    1470

    32

    1250

    25

    1030

    20

    810

    14

    590

    11

    1460

    31

    1240

    25

    1020

    19

    800

    14

     

     

    1450

    31

    1230

    25

    1010

    19

    790

    14

     

     

    1440

    31

    1220

    25

    1000

    19

    780

    14

     

     

    1430

    31

    1210

    24

    990

    19

    770

    13

     

     

    1420

    30

    1200

    24

    980

    18

    760

    13

     

     

    1410

    30

    1190

    24

    970

    18

    750

    13

     

     

    1400

    30

    1180

    24

    960

    18

    740

    13

     

     

    1390

    29

    1170

    23

    950

    18

    730

    12

     

          Section 7. Criteria for Supplemental Award to Noncertified, Nonpublic High School Students and to GED Students. (1) A Kentucky resident who is a citizen, national, or permanent resident of the United States and who graduates from a nonpublic Kentucky high school not certified by the Kentucky Board of Education shall be eligible for a supplemental award if:

          (a) The student is not a convicted felon;

          (b) The date of the student’s graduation is May 1999 or thereafter;

          (c) The student takes the ACT or SAT and has at least a minimum score as established by KRS 164.7879(3); and

          (d) The student enrolls in a participating institution within five (5) years after graduation from high school.

          (2) A Kentucky resident who is a citizen, national, or permanent resident of the United States and who has not graduated from either a certified Kentucky high school or a nonpublic Kentucky high school that is not certified by the Kentucky Board of Education shall be eligible for a supplemental award if:

          (a) The student is not a convicted felon;

          (b) The student’s 18th birthday occurs on or after January 1, 1999;

          (c) The student takes and receives a GED diploma in Kentucky within five (5) years of attaining eighteen (18) years of age;

          (d) The student takes the ACT or SAT and achieves a minimum score for eligibility as established by KRS 164.7879(3); and

          (e) The student enrolls in a participating institution after July 1, 1999, and within five (5) years of receiving the GED diploma.

          (3) A student who graduates from or attends an accredited out-of-state high school or Department of Defense school shall qualify for a supplemental award if:

          (a) The parents meet the provisions of KRS 164.7879(2)(c)1a and b;

          (b) The student takes the ACT or SAT and achieves a minimum score for eligibility as established by KRS 164.7879(3); and

          (c) The student enrolls in a participating institution within five (5) years of graduating from or attending the accredited out-of-state high school or Department of Defense school.

          (4) A student requesting a supplemental award under this section shall notify the participating institution where the student has or intends to enroll.

          (5)(a) Residency shall be determined by a participating institution in accordance with 13 KAR 2:045.

          (b) A participating institution shall determine a student’s eligibility for a supplemental award under this section and shall notify the authority of the student's eligibility.

     

          Section 8. Supplemental Award. An eligible high school student who receives a supplemental award as a result of taking and receiving a GED within five (5) years of attaining eighteen (18) years of age shall have a maximum of five (5) years eligibility beyond the date the GED is received.

     

          Section 9. Supplemental Award for Achievement on Examinations. (1) Pursuant to KRS 164.7879(3)(c) and (d), a supplemental award shall be provided for achievement on AP, IB, or CAI examinations to an eligible high school student whose family was eligible for free and reduced price lunch during any year of high school.

          (2)(a) An eligible high school shall report the status of each student as eligible or ineligible for free and reduced price lunch to the authority on an annual basis.

          (b) In determining a high school student’s free and reduced price lunch eligibility, the high school shall utilize the income eligibility guidelines published each year by the United States Department of Agriculture, Food and Nutrition Service.

     

          Section 10. Administrative Responsibilities and Expenses of Program. (1) The authority annually shall determine the level of funding for expenses associated with the program and shall allocate funds from the ["]Wallace G. Wilkinson Kentucky Educational Excellence Scholarship Trust Fund["] described in KRS 164.7877(1) and (3).

          (2) The authority annually shall adopt a budget proposal indicating the amount of funds available and a detailed listing of the expenditures necessary to operate the program.

          (3) The authority shall develop an allotment schedule for the release of the administrative funds.

     

          Section 11. Incorporation by Reference. (1) The following material is incorporated by reference:

          (a) "Home of Record Certification", June 2005;

          (b) "Curriculum Certification", June 2005;

          (c) "Data Submission", June 2005; and

          (d) "Equivalent Undergraduate Programs List", June 2005.

          (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the authority, 100 Airport Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

     

    ERICA L. HORN, Chair

          APPROVED BY AGENCY: May 26, 2016

          FILED WITH LRC: June 14, 2016 at 10 a.m.

          PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, July 26, 2016, at 10:00 a.m. Eastern Time at 100 Airport Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through close of business on August 1, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

          CONTACT PERSON: Ms. Diana L. Barber, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7298, fax (502) 696-7293.

     

    REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

     

    Contact Person: Director of Student Aid Services

          (1) Provide a brief summary of:

          (a) What this administrative regulation does: This administrative regulation sets forth the procedures for administering the Kentucky Educational Excellence Scholarship (KEES) Program.

          (b) The necessity of this administrative regulation: This administrative regulation is necessary to establish the requirements relating to the Kentucky Educational Excellence Scholarship (KEES) Program for the Kentucky Higher Education Assistance Authority (KHEAA).

          (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 164.7877(3) requires KHEAA to administer the funds appropriated to the trust fund for the program; KRS 164.7874(14) requires KHEAA to determine the KEES curriculum's courses of study; KRS 164.7879(3)(c) requires KHEAA to determine the eligibility of a noncertified, nonpublic high school graduate and for a GED recipient for a supplemental award; KRS 164.7874(3) requires KHEAA to establish a table to convert an SAT score to an ACT standard; KRS 164.7881(6) requires KHEAA to establish a five (5) year postsecondary education program standard; KRS 164.7881(4)(a) requires KHEAA to establish overall award levels for the program; KRS 164.7879(2)(c) requires KHEAA to determine eligibility for children of parents who are in the military and who claim Kentucky as their home of record; and KRS 164.7535 and 164.7881 (4)(c) require KHEAA to identify equivalent undergraduate programs of study. This administrative regulation establishes these requirements related to the KEES program.

          (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the effective administration of the statutes by establishing program eligibility criteria for administration of the KEES program by KHEAA.

          (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

          (a) How the amendment will change this existing administrative regulation: This amendment will change the existing regulation by adding a new SAT Conversion Table to document the newest concordance for examinations taken on or after March 2016.

          (b) The necessity of the amendment to this administrative regulation: This amendment to the administrative regulation is necessary to insure accurate calculation of supplemental KEES awards based on the standardized SAT exam for students who test on or after March 2016.

          (c) How the amendment conforms to the content of the authorizing statutes: The authorizing statutes require KHEAA to promulgate regulations for the administration of the KEES program including the determination of supplemental awards based upon standardized test scores. This amendment conforms to the authorizing statues by incorporating the most recent concordance for SAT examinations taken on or after March 2016.

          (d) How the amendment will assist in the effective administration of the statutes: This amendment to the administrative regulation will assist in the effective administration of the statutes by enabling the authority to make determinations of supplemental KEES awards based on the most current and accurate concordance of SAT examination scores.

          (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The proposed amendment to this administrative regulation will affect those high school students who sit for the SAT examination on or after March 2016.

    (4) Provide an analysis of how the entities identified in (3) above will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

          (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Those entities must register for take the SAT examination on or after March 2016.

          (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No additional cost will required.

          (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Those entities take the SAT examination on or after March 2016 will have their supplemental KEES award, if eligible, determined based upon this newest concordance table.

          (5) Provide an estimate of how much it will cost to implement this administrative regulation:

          (a) Initially: No cost.

          (b) On a continuing basis: No cost.

          (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The KEES program is funded through net lottery revenues transferred in accordance with KRS 154A.130.

          (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: Any increase in funding as a result of the amendment to this administrative regulation would be nominal at most. Although the changes could increase the overall KEES award of a participating student, this would be negligible.

          (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation does not establish any fees nor increase any existing fees.

          (9) TIERING: Is tiering applied? Tiering was not applied. It is not applicable to this amendment. This administrative regulation is intended to provide equal opportunity to participate, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities. The "equal protection" and "due process" clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated as well as Sections 2 and 3 of the Kentucky Constitution. The regulation provides equal treatment and opportunity for all applicants and recipients.

     

    FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

     

          1.What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?

    This administrative regulation will impact the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority.

          2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 164.7874, 164.7877(3), 164.7879(1), (2), (3), 164.7881(4)(a), (c), (6).

          3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. The administrative regulation will result in no additional expenditures by or revenues to the Authority during the first full year of its effectiveness.

          a. How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This regulation will not generate any revenue for the first year.

          b. How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This regulation will not generate any revenue for subsequent years.

          c. How much will it cost to administer this program for the first year? No costs are associated with this regulation for the first year.

          d. How much will it cost to administer this program for subsequent years? No costs are associated with this regulation for subsequent years.

          Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

          Revenues (+/-):

          Expenditures (+/-):

          Other Explanation:

Notation

      RELATES TO: KRS 154A.130(4), 156.010, 158.007(8), 164.002(1), (2), 164.7871, 164.7874, 164.7877, 164.7879, 164.7881, 164.7885, 164.7889

      STATUTORY AUTHORITY: KRS 164.7874, 164.7877(3), 164.7879(1), (2), (3), 164.7881(4)(a), (c), (6)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.7877(3) requires the authority to administer the Kentucky Educational Excellence Scholarship (KEES) trust fund. KRS 164.7874(16) requires the authority to determine the KEES curriculum's courses of study. KRS 164.7879(3)(d) requires the authority to determine the eligibility of a noncertified, nonpublic high school graduate and of a GED recipient for a supplemental award. KRS 164.7874(3) requires the authority to establish a table to convert an SAT score to an ACT score. KRS 164.7881(6) requires the authority to establish a five (5) year postsecondary education program standard. KRS 164.7881(4)(a) requires the authority to establish overall award levels for the program. KRS 164.7879(2)(c) requires the authority to determine eligibility for children of parents who are in the military and who claim Kentucky as their home of record. KRS 164.7881(4)(c) requires the authority to identify equivalent undergraduate programs of study. This administrative regulation establishes those requirements relating to the Kentucky Educational Excellence Scholarship (KEES) Program.