KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY

Division of Student and Administrative Services

(Amendment)

 

††††† 11 KAR 15:090. Kentucky Educational Excellence Scholarship (KEES) program.

 

††††† 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(3), (16), 164.7877(3), 164.7879(1), (2), (3), 164.7881(4)(a), (c), (6)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.7877(3) requires the Kentucky Higher Education Assistance Authority to administer the Kentucky Educational Excellence Scholarship (KEES) trust fund. KRS 164.7874(16) requires the authority to promulgate administrative regulations establishing the KEES curriculum's courses of study. KRS 164.7879(3)(e) 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 score equivalents between the SAT and ACT. KRS 164.7881(6) requires the authority to promulgate administrative regulations establishing 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 promulgate administrative regulations determining 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 promulgate administrative regulations identifying equivalent undergraduate programs of study. This administrative regulation establishes those requirements relating to the Kentucky Educational Excellence Scholarship (KEES) Program.

 

††††† 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 studentís 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 studentís official high school transcript.

††††† (2)(a) Except as provided in paragraphs (b) and (c) of this subsection, an eligible high school studentís 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)1.a. 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 studentís 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 studentís 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, studentsí 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, studentsí 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

24 [23]

940

18 [17]

720

13 [12]

1590

35

1370

29

1150

23

930

17

710

12

1580

35

1360

29

1140

23

920

17

700

12

1570

35

1350

29 [28]

1130

23 [22]

910

17

690

12

1560

35 [34]

1340

28

1120

22

900

17 [16]

680

12

1550

34

1330

28

1110

22

890

16

670

12 [11]

1540

34

1320

28

1100

22 [21]

880

16

660

12 [11]

1530

34 [33]

1310

28 [27]

1090

21

870

16

650

12 [11]

1520

34 [33]

1300

27

1080

21

860

16 [15]

640

12 [11]

1510

33

1290

27

1070

21

850

15

630

12 [11]

1500

33

1280

27 [26]

1060

21 [20]

840

15

620

11

1490

32

1270

26

1050

20

830

15

610

11

1480

32

1260

26

1040

20

820

15 [14]

600

11

1470

32

1250

26 [25]

1030

20

810

15 [14]

590

11

1460

32 [31]

1240

26 [25]

1020

20 [19]

800

14

580

11

1450

32 [31]

1230

25

1010

19

790

14

570 

11 

1440

31

1220

25

1000

19

780

14

560

11 

1430

31

1210

25 [24]

990

19

770

14 [13]

 

 

1420

31 [30]

1200

25 [24]

980

19 [18]

760

14 [13]

 

 

1410

30

1190

24

970

18

750

13

 

 

1400

30

1180

24

960

18

740

13

 

 

1390

30 [29]

1170

24 [23]

950

18

730

13 [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 studentís 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 high school[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 studentís 18th birthday occurs on or after January 1, 1999;

††††† (c) The student takes and receives a GED diploma in Kentucky:

††††† 1. Prior to being admitted to a participating institution; and

††††† 2. Within[within] five (5) years after[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)1.a. 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 studentís 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 studentís 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, available at www.fns.usda.gov/school-meals/income-eligibility-guidelines.

 

††††† 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 Kentucky Higher Education Assistance Authority, 100 Airport Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

BECKY LAMB, Chair

††††† APPROVED BY AGENCY: May 25, 2017

††††† FILED WITH LRC: June 14, 2017 at noon

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Monday, July 24, 2017, 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 Monday, July 31, 2017. 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, email dbarber@kheaa.com.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Persons: Becky Gilpatrick, 502-696-7394, rgilpatrick@kheaa.com., and Diana L. Barber

††††† (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 updating the SAT Conversion Table to reflect the newest concordance for examinations taken on or after March 2016. Additionally, provide that in order for a student to receive a GED Supplemental KEES award, the GED must be obtained in Kentucky prior to admission to a participating postsecondary institution.

††††† (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. Further, this amendment is necessary to eliminate abuse of the program by graduates of out-of-state high schools who are admitted to participating institutions and then obtain a GED in Kentucky in an attempt obtain a GED Supplemental KEES award.

††††† (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 as well as establishing criteria for supplemental awards for GED recipients. This amendment conforms to the authorizing statues by incorporating the most recent concordance for SAT examinations taken on or after March 2016. It also conforms to the authorizing statutes by enhancing the criteria for Supplemental KEES awards for GED recipients.

††††† (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. Further, it will assist in the effective administration of the statutes by eliminating potential abuses of the program by GED recipients in attempts to obtain supplemental awards to which they are not entitled.

††††† (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. Additionally, the proposed amendment will impact those individuals who obtain a GED in Kentucky.

††††† (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 and take the SAT examination on or after March 2016. Those entities must obtain a GED in Kentucky prior to being admitted in a participating postsecondary institution.

††††† (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 who the SAT examination on or after March 2016 will have their supplemental KEES award, if eligible, determined based upon this newest concordance table. Those entities who obtain a GED in Kentucky prior to admission in a participating postsecondary institution will be eligible for a Supplemental KEES award provided the other eligibility criteria are satisfied.

††††† (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: