13 KAR 2:060. Degree program approval;
equal opportunity goals.
RELATES TO: KRS 164.001, 164.020
STATUTORY AUTHORITY: KRS 164.020(19)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
164.020(19) requires the Council on Postsecondary Education to postpone the approval
of new academic programs for those institutions who fail to meet equal
opportunity goals established by the council, and further requires that
institutions be able to secure a temporary waiver, if an institution has made
substantial progress toward meeting the goals. This administrative regulation establishes
the process for goal setting, measurement of progress, and how to secure a
temporary waiver.
Section 1. Definitions. (1)
"Continuous progress" means that an institution shows an increase in the
number of students or employees over the previous year for a category.
(2) "Council" is defined by KRS
164.001(8).
(3) "Diversity Policy" means
the Kentucky Public Postsecondary Education Diversity Policy and Framework for
Institution Diversity
(4) "Institution" means a
state-supported postsecondary education institution listed in KRS 164.001(17).
(5) "Institution Diversity
Plan" means a plan developed by an institution in conjunction with the
Council on Postsecondary Education to achieve diversity in student enrollment,
to eliminate gaps in retention and graduation rates, and to achieve workforce
diversity.
Section 2. Creation of Institution
Diversity Plan. (1) The Kentucky Public Postsecondary Education Diversity
Policy and Framework for Institution Diversity Plan Development shall provide a
framework and guidelines to assist an institution in developing an institution
diversity plan.
(2) Except as provided in subsection (3)
of this section, an institution shall develop an institution diversity plan
that is consistent with the definition of diversity contained in the diversity
policy and as represented by the institution’s area of geographic
responsibility and includes goals for these areas of interest:
(a) Student enrollment:
1. Undergraduate students; and
2. Graduate students at the four (4) year
institution;
(b) Student success including:
1. First year to second year retention of
undergraduate students;
2. Second year to third year retention of
undergraduate students;
3. Associate and baccalaureate degrees
and credentials conferred; and
4. Graduation rates for undergraduate
students;
(c) Retention for undergraduate students
including:
1. First year to second year retention
rate:
2. Second year to third year retention
rate; and
3. Graduation rate;
(d) A workforce diversity component that:
1. Shall include these
employment categories:
a.
Executive administrative/managerial;
b.
Faculty; and
c.
Other professional; and
2.
May include these employment categories:
a.
Secretarial/clerical;
b.
Technical/paraprofessional;
c.
Skilled crafts; and
d. Service/maintenance; and
(e) A campus climate component including:
1. Creation of a campus environment team;
2. A comprehensive assessment on
strategies and best practices implemented; and
3. A review of the effectiveness of
employment, retention, and promotion policies.
(3) A community college shall not be
required to include in its institution diversity plan the areas of interest
established in subsections (2)(a)2., (2)(b)2., (2)(b)4., and (2)(c)2. of this
section.
(4) An institution, in developing an
institution diversity plan, shall consider the institution’s service region or
statewide demographic data.
(5) An institution, in developing goals
for areas of interest in subsection (2) of this section, shall reference the
racial and ethnic groups listed in the U. S. Census, on its Web site at
http://www.census.gov/population/www/socdemo/race/Ombdir15.html, and the U. S. Department of Education’s Integrated Postsecondary
Education Database System (IPEDS), on its Web site at http://nces.ed.gov/ipeds/reic/resource.asp.
Section 3. Measurement of an Institution’s
Performance in Demonstrating Continuous Progress, and Automatic Eligibility for
New Academic Programs. (1)(a) A four (4) year institution shall demonstrate
continuous progress or meet the goals established for the eight (8) areas of
interest described in Section 2(2)(a)1. and 2., (b)1., 2., and 3., and (d)1. of
this administrative regulation.
(b) The Kentucky Community and Technical
College System (KCTCS) shall demonstrate continuous progress or meet the goals
established for the seven (7) areas of interest described in Section 2(2)(a)1.,
(b)1., 2., and 3., and (d)1. of this administrative regulation.
(2) An institution shall submit a written
report annually to the Council or its designee describing the institution’s
progress in meeting the goals set forth in the institution diversity plan, and
describing whether the institution has demonstrated continuous progress in the
areas of interest described in Section 2(2) of this administrative regulation.
(3) To be automatically eligible for new
academic programs:
(a) A four (4) year institution shall
meet the goal or demonstrate continuous progress in six (6) of the eight (8)
areas of interest or meet the goal listed in Section 2 of this administrative
regulation; or
(b) A community college shall meet the
goal or demonstrate continuous progress in five (5) of the seven (7) areas of
interest listed in Section 2 of this administrative regulation and selected by
the Kentucky Community and Technical College System.
(4) An institution shall demonstrate
continuous progress in campus climate by completing a report as required by
Section 2(2)(e)2. and 3. of this administrative regulation.
Section 4. Waivers. (1) If an institution
is not automatically eligible under Section 3of this administrative regulation,
the institution may request a one (1) year waiver.
(2) A waiver request by an institution
shall include a resolution submitted to the Council on Postsecondary Education
approved by the institution's governing board describing the institution's
efforts to achieve the institution's diversity goals.
(3) A four (4) year institution shall be
eligible to receive a waiver if:
(a) The institution demonstrates
continuous progress or meets the goals in five (5) of the eight (8) areas of
interest listed in Section 2(2) of this administrative regulation; or
(b) The institution demonstrates
continuous progress or meets the goals in less than five (5) of the areas of
interest and shows in a written report that:
1.a. Outstanding efforts to achieve
diversity were attempted which have not yet proven to be successful; or
b. Extraordinary circumstances precluded
success; and
2. Explains how the institution's revised
plans for recruitment and retention of a diverse student body, and workforce
diversity show promise of future success.
(4) A community college shall be eligible
for a waiver if:
(a) The community college demonstrates
continuous progress or meets the goals in four (4) of the seven (7) areas of
interest listed in Section 2(2) of this administrative regulation; or
(b) The community college has achieved
continuous progress or meets the goals in less than four (4) of the areas of
interest, and the community college shows in a written report that:
1.a. Outstanding efforts to achieve
diversity were attempted which have not yet proven to be successful; or
b. Extraordinary circumstances precluded
success; and
2. Explains how the institution's revised
plans for recruitment and retention of a diverse student body, and workforce
diversity show promise of future success.
(5) An institution's written request for
a waiver shall be reviewed by the Council on Postsecondary Education's
Committee on Equal Opportunity which shall make a recommendation to the council
on whether to grant a waiver.
(6) An institution shall not be eligible
for a waiver in consecutive years.
Section 5. Action Following Receipt of
Institution Report. The council, or its designee shall upon receipt of an
institution’s annual report described in Section 3(2) of this administrative
regulation:
(1) Review the report in public session;
and
(2)(a) Accept the report as submitted;
(b) Recommend, as appropriate, that an institution
modify its diversity plan goals; or
(c) Recommend, as appropriate, that an
institution modify strategies and activities to better ensure success in
meeting goals.
Section 6. Incorporation by Reference.
(1) The Kentucky Public Postsecondary Education Diversity Policy and Framework
for Institution Diversity Plan Development, September 12, 2010, is incorporated
by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Council on
Postsecondary Education, 1024 Capital Center Drive, Suite 320, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (19 Ky.R. 1689; Am. 2024; eff. 3-4-1993;
23 Ky.R. 164; 1389; eff. 9-5-1996; 24 Ky.R. 916; 1291; 1498; eff. 1-12-1998; 37
Ky.R. 2250; 2539; eff. 6-3-2011; TAm eff. 1-4-2012; TAm 5-22-2012.)
