KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY

Division of Student and Administrative Services

(Amendment)

 

††††† 11 KAR 16:001. Definitions for 11 KAR Chapter 16.

 

††††† RELATES TO: KRS 164.518, 164.740

††††† STATUTORY AUTHORITY: KRS 164.518(3), 164.748(4)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.518(3) requires the authority to promulgate administrative regulations for administration of the Early Childhood Development Scholarship Program. This administrative regulation establishes definitions applicable to 11 KAR Chapter 16.

 

††††† Section 1. Definitions. (1) "Academic term" means the fall, spring, or summer semester or its equivalence under a trimester or quarter system at a postsecondary education institution.

††††† (2) "Authority" is defined in KRS 164.740(1).

††††† (3) "Award year" means a period that begins July 1 of one (1) calendar year and ends June 30 of the next succeeding calendar year.

††††† (4) "Capstone semester" means the culmination semester in an Interdisciplinary Early Childhood Education (IECE)/Early Childhood Program which:

††††† (a) Requires additional hours of direct work with children; and

††††† (b) May be listed as student teaching or a practicum.

††††† (5) "Early childhood facility" means:

††††† (a) A licensed Type I or a Type II child-care center defined in 922 KAR 2:110, Sections 1(14) and (15) that is located in Kentucky;

††††† (b) A certified family child care home pursuant to KRS 199.8982 and 922 KAR 2:100 that is located in Kentucky; or

††††† (c)[An organization approved by the Office of Inspector General of the Cabinet for Health and Family Services to offer training in early childhood development; or

††††† (d)] A developmentally appropriate preschool program defined in KRS 157.3175(2).

††††† (6) "ECAC" means Early Childhood Advisory Council.

††††† (7) "ECAC-approved early childhood development credential" means the Child Development Associateís credential or a postsecondary, undergraduate degree, certificate or diploma that is:

††††† (a) An associate degree in early childhood education or baccalaureate degree in interdisciplinary early childhood education, or a related program that is approved by the Early Childhood Advisory Council; or

††††† (b) The Kentucky Early Childhood Development Directorís Certificate.

††††† (8) "Eligible institution" is defined in KRS 164.740(3).

††††† (9) "Participating early childhood facility" means an early childhood facility that agrees to provide monetary incentives pursuant to 11 KAR 16:060 to early childhood development scholarship recipients employed by the facility.

††††† (10) "Participating educational institution" means an eligible institution located in Kentucky that:

††††† (a) Actively participates in the federal Pell Grant Program;

††††† (b) Offers a scholarship program curriculum;

††††† (c) Has a contract in force with the authority relating to the administration of the Early Childhood Development Scholarship Program and other programs administered by the authority; and

††††† (d)1. Is publicly operated; or

††††† 2.a. Is licensed by the Commonwealth of Kentucky;

††††† b. Has operated for at least ten (10) years;

††††† c. Offers a program of study not comprised solely of sectarian instruction; and

††††† d. Admits as regular students only:

††††† (i) High school graduates;

††††† (ii) Recipients of a general equivalency diploma; or

††††† (iii) Students transferring from another accredited degree granting institution.

††††† (11) "Preschool associate teacher" means a classified employee who:

††††† (a) Is employed by a local school district in a paraprofessional role to organize, manage, and provide direct instruction to children below primary school age under the supervision of a qualified professional; and

††††† (b) Meets the requirements of 704 KAR 3:420.

††††† (12) "Professional development counselor" means an individual with the responsibilities to recruit candidates, process the applications, and follow as indicated the procedures established in 11 KAR Chapter 16.

††††† (13) "Professional development funds" means state or federal training funds available through the Head Start Program, a public preschool program, or the Kentucky Early Intervention System (First Steps Program).

††††† (14) "Scholarship" means an Early Childhood Development Scholarship.

††††† (15) "Scholarship program curriculum" means an academic course or series of courses that does not lead to a certificate, diploma, or degree in theology, divinity, or religious education offered by a participating educational institution needed to obtain an ECDA-approved early childhood development credential.

††††† (16) "Teaching assistant" means an instructional aide in a public school preschool program as set forth in 704 KAR 3:410.

 

LISA PAYNE, Chair

††††† APPROVED BY AGENCY: August 28, 2014

††††† FILED WITH LRC: September 11, 2014 at 10 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, October 21, 2014, 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 wishes to be heard 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 until October 31, 2014. 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: Rebecca Gilpatrick

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation sets forth the definitions of terms used in the administration of the Early Childhood Development Scholarship Program.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to define or reference certain statutory definitions of terms commonly used in the administration of the Early Childhood Development Scholarship Program.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 164.518(3) requires the authority to promulgate administrative regulations for the administration of the Early Childhood Development Scholarship 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 defining terms applicable to the Early Childhood Development Scholarship program.

††††† (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: The amendment will change the existing administrative regulation by removing organizations that offer training in early childhood development from the definition of "early childhood facility."

††††† (b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation is necessary in order to more accurately describe what constitutes an early childhood facility for purposes of this scholarship program.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The authorizing statutes require the Authority to promulgate administrative regulations establishing terms and conditions for the administration of the Early Childhood Development Scholarship program. The amendment to this administrative regulation conforms to the content of those statutes by providing a more accurate definition of the term "early childhood facility" for purposes of the ECDS program.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment to this administrative regulation enhances the administration of the authorizing statutes by revising one of the defined terms applicable to the program Ė"early childhood facility" - in order to more clearly reflect what currently constitutes an early childhood facility per the Governorís Office of Early Childhood.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The proposed change would impact only those organizations that offer training in early childhood development and those employed by such entities.

††††† (4) Provide an assessment of how the above group or groups will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment: Those organizations that offer training in early childhood development, as opposed to those who provide actual early child care services, would be ineligible for participation in the Early Childhood Development Scholarship program. Likewise, those employed by such organizations would not be eligible for awards under this program. Based upon information provided by the Governorís Office of Early Childhood, the net impact would be negligible at best.

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

††††† (a) Initially: There will be no cost associated with this amendment.

††††† (b) On a continuing basis: Same as (5)(a) above.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation. Funding for the Early Childhood Development Scholarship program is provided through money designated to the Commonwealth from the master settlement agreement signed November 22, 1998, between the participating tobacco manufacturers and the forty (40) settling states and related federal legislation, as provided in 200 Ky. Acts ch. 549, Part XI.

††††† (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: No increase in fees or funding will be necessary.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees or directly or indirectly increase any fees.

††††† (9) TIERING: Is tiering applied? Tiering was not applied to the amendment of this administrative regulation. The concept is not applicable to this amendment of this administrative regulation. The administrative regulation is intended to provide equal opportunity to participate within parameters, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities or address a particular problem to which certain regulated entities do not contribute. Disparate treatment of any person or entity affected by this administrative regulation could raise questions of arbitrary action on the part of the agency. 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 164.518(3), 164.748(4).

††††† 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.

††††† 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.

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

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

††††† 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: