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Kentucky General Assembly· SB 185signed by Governor (Acts Ch. 120)

An act relating to Kentucky State University and declaring an emergency., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                            26 RS SB 185/EN

1   AN ACT relating to Kentucky State University and declaring an emergency.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO

4 READ AS FOLLOWS:

5 (1) Kentucky State University, recognized as an 1890 land-grant university that is

6   Kentucky's only public Historically Black College or University (HBCU), shall be

7   a four (4) year residential polytechnic institution that focuses on highly technical,

8   industry-based applied learning and offers liberal studies and polytechnic

9   programs that are aligned with the workforce needs of the Commonwealth and

10  consistent with the historical mission of an HBCU.

11 (2) The General Assembly declares that a state of financial exigency exists at

12  Kentucky State University for five (5) years from the effective date of this Act or

13  until such a date that the General Assembly affirmatively declares, based upon

14  the recommendation of the Council on Postsecondary Education, that the

15  university's finances are stable, whichever occurs first.

16 (3) (a) Kentucky State University shall not enter into any obligation or make any

17  expenditure costing twenty thousand dollars ($20,000) or more without

18  prior approval of the Council on Postsecondary Education, including but

19  not limited to any purchase, contract, or increase due to a personnel action.

20  (b) Kentucky State University shall:

21  1. Provide a monthly report of university finances to the Council on

22  Postsecondary Education in the format requested by the council. The

23  council shall provide a quarterly update on the financial status of the

24  university to the Governor and the Legislative Research Commission;

25  2. Fully cooperate with the council in its exercise of the financial

26  oversight granted to the council under this subsection;

27  3. Timely provide all information and documentation deemed by the

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1   council to be relevant to the financial oversight; and

2   4. Timely consult with the council on all major financial matters during

3   the state of financial exigency declared in subsection (2) of this

4   section.

5   (c) The financial oversight granted to the council under this subsection shall

6   continue for the entire duration of the financial exigency declared in

7   subsection (2) of this section.

8 (4) Notwithstanding KRS 164A.560, beginning no later than July 1, 2027, all

9   financial transactions of Kentucky State University shall be reported and

10  reconciled no less than monthly in the Enhanced Management Administrative

11  Reporting System (EMARS).

12 (5) Kentucky State University shall not incur a budget deficit for the remaining

13  duration of the financial exigency declared in subsection (2) of this section.

14 (6) Any organization registered with the Kentucky Secretary of State or any member

15  or officer of any such organization having entered into a public-private lease

16  agreement with Kentucky State University shall not be eligible to transact any

17  business or enter into any contract with Kentucky State University or any other

18  agency or instrumentality of the Commonwealth or subdivision thereof after the

19  effective date of this Act. Any such contract purported to be executed or renewed

20  with any such organization or individual after the effective date of this Act shall

21  be null and void.

22  SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO

23 READ AS FOLLOWS:

24 (1) The Kentucky State University board of regents, in consultation with the Council

25  on Postsecondary Education, shall conduct a thorough review of all academic

26  programs for long-term viability, financial stability, alignment with the

27  university's mission as a polytechnic institution, the requirements of subsection

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    UNOFFICIAL COPY                                                 26 RS SB 185/EN

1   (4) of this section, and other criteria determined by the board and the council,

2   and determine the academic programs that the institution proposes to maintain.

3   No later than June 1, 2026, the board shall submit to the council for approval:

4   (a) A list of the programs the board proposes to maintain; and

5   (b) A list of the programs the board recommends to submit to the Southern

6   Association of Colleges and Schools Commission on Colleges (SACSCOC)

7   for closure or other substantive change and the corresponding proposed

8   teach-out plan or teach-out arrangement for each program recommended.

9 (2) The Council on Postsecondary Education shall review the proposals and any

10  teach-out plan and teach-out agreement submitted by the Kentucky State

11  University board in accordance with subsection (1) of this section and may direct

12  the board to amend any portion thereof prior to submitting a substantiative

13  change for the review and approval of SACSCOC. Any substantiative change

14  request necessary under this section shall be submitted for the review and

15  approval of SACSCOC no later than July 1, 2026.

16 (3) Kentucky State University shall close each program approved for closure by the

17  SACSCOC and implement the corresponding teach-out plan or teach-out

18  agreement as approved by that accrediting body.

19 (4) Beginning with the 2026-2027 academic year and continuing for five (5)

20  academic years thereafter, Kentucky State University shall offer no more than ten

21  (10) academic areas of study, excluding any program that is:

22  (a) Exclusively online;

23  (b) In the college of education; and

24  (c) Determined by the Council on Postsecondary Education to be necessary to

25  the university's mission as a polytechnic institution.

26 (5) Notwithstanding any statute to the contrary, the president of Kentucky State

27  University shall have the authority to terminate employment of any university

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1   employee, including tenured employees in accordance with university policy,

2   upon thirty (30) days' notice for the entire duration of the financial exigency

3   declared in Section 1 of this Act. During this time, the university shall retain only

4   the faculty and staff necessary to support the enrollment target of at least one

5   thousand (1,000) in-person students and the programs maintained by the

6   university in accordance with subsections (1) and (4) of this section. Faculty and

7   staff employed in programs closed in accordance with this section shall be

8   terminated but shall not be prohibited from applying for other positions available

9   at the university.

10 (6) Notwithstanding subsections (4) and (5) of this section, Kentucky State University

11  shall abide by all instructions provided by SACSCOC that are required to

12  maintain institutional accreditation.

13  SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO

14 READ AS FOLLOWS:

15 (1) Kentucky State University shall not admit a new applicant for undergraduate

16  admission unless the applicant:

17  (a) 1. Attained a cumulative unweighted high school grade point average of

18  no less than two point five (2.5) on a four (4) point scale; and

19  2. Achieved a composite ACT score of no less than eighteen (18) or an

20  equivalent score on the SAT or another nationally recognized college

21  readiness examination approved by the Council on Postsecondary

22  Education; or

23  (b) Meets the criteria for discretionary undergraduate admission under

24  alternative admission standards established by the council for the following

25  groups of students:

26  1. Transfer students from an accredited postsecondary education

27  institution with at least:

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1              a. Twenty-four (24) credit hours; and

2              b. A cumulative collegiate grade point average of no less than two

3                    point five (2.5) on a four (4) point scale;

4   2. Veterans of the Armed Forces of the United States;

5   3. Graduates of a nonpublic school with a composite ACT score of no

6              less than eighteen (18) or an equivalent score on the SAT or another

7              nationally recognized college readiness examination approved by the

8              Council on Postsecondary Education;

9   4. Nontraditional age students as defined by KRS 164.092 with

10             demonstrable professional experience; or

11  5. Dual credit students.

12 (2) Any individual with an outstanding balance to Kentucky State University in

13  excess of one thousand dollars ($1,000) due and owing for more than sixty (60)

14  days shall not be admitted or readmitted to the university or permitted to enroll or

15  continue in any online or in-person course, seminar, or program at the

16  university. The entire outstanding balance shall not be deemed due for a student

17  on a payment plan approved by the university unless one (1) or more payments

18  under the plan have been due and owing for more than sixty (60) days.

19 (3) Except as otherwise provided in this section and notwithstanding any statute to

20  the contrary, the president of Kentucky State University shall have sole discretion

21  as to the admission, readmission, or enrollment of any student or former student

22  of the university who otherwise meets the university's admission and enrollment

23  criteria for the entire duration of the financial exigency declared in Section 1 of

24  this Act.

25 (4) (a) Kentucky State University shall submit a quarterly report to the Council on

26  Postsecondary Education in the format requested by the council that details

27  each outstanding balance in excess of one thousand dollars ($1,000) that

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    UNOFFICIAL COPY                                               26 RS SB 185/EN

1   has been due and owing to the university for more than sixty (60) days and

2   the efforts of the university to collect those debts.

3   (b) The council shall provide an annual update on the debts and collection

4   efforts reported under paragraph (a) of this subsection to the Governor and

5   the Legislative Research Commission.

6   (c) The quarterly reporting required in paragraph (a) of this subsection shall

7   continue for the entire duration of the financial exigency declared in

8   Section 1 of this Act and may continue at the discretion of the council at a

9   frequency determined by the council thereafter.

10  SECTION 4. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO

11 READ AS FOLLOWS:

12 (1) Kentucky State University shall:

13  (a) Diligently attempt to collect debts and refer all debts in excess of one

14  thousand dollars ($1,000) that have been due and owing for more than

15  ninety (90) days to the Department of Revenue for collection in accordance

16  with KRS 45.238;

17  (b) Have the unfettered right to intercept federal income tax refunds and state

18  income tax refunds, pursuant to applicable federal regulations and KRS

19  131.560 to 131.595, to satisfy any debts; and

20  (c) Intercept any federal income tax refunds and state income tax refunds to

21  satisfy any debt in excess of one thousand dollars ($1,000).

22 (2) Notwithstanding KRS 131.565 or any other statute to the contrary, the

23  Department of Revenue shall not decline the withholding of individual income

24  tax refunds for debts referred to the department by Kentucky State University.

25  Section 5. KRS 164.290 is amended to read as follows:

26 [(1) ]The state colleges formerly designated as Eastern Kentucky State College,

27  Morehead State College, Murray State College, Western Kentucky State College,

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    UNOFFICIAL COPY                                           26 RS SB 185/EN

1   Northern Kentucky State College, and Kentucky State College may be known and

2   recognized as Eastern Kentucky University, Morehead State University, Murray

3   State University, Western Kentucky University, Northern Kentucky University, and

4   Kentucky State University.[

5 (2) Kentucky State University located at Frankfort, Kentucky, is a land-grant state

6   institution and, as such, all the provisions of KRS Chapter 164 shall likewise apply

7   to Kentucky State University. It is the intent of the General Assembly that

8   Kentucky State University shall serve as a four (4) year residential institution

9   emphasizing a program of liberal studies appropriate to its size and resources.]

10  Section 6. Kentucky State University fraternities and sororities currently in

11 good standing shall maintain their charter recognition. The board of regents may establish

12 policies for periodic review of student organizations consistent with policies applicable to

13 student organizations at other Kentucky public universities, provided such policies

14 respect freedom of association and apply equally to all student organizations.

15  Section 7. Whereas Kentucky State University is in a state of financial exigency

16 that needs to be remedied, an emergency is declared to exist, and this Act takes effect

17 upon its passage and approval by the Governor or upon its otherwise becoming a law.

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