13 KAR 2:060. Degree program approval; equal opportunity goals

Link to law: http://www.lrc.ky.gov/kar/013/002/060.htm
Published: 2015

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      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.)