74-32,164a. Institutions exempt from act; voluntary application for certificate of approval, when; state board jurisdiction. (a) Any institution that is exempt from the private and out-of-state postsecondary educational institution act pursuant to K.S.A. 74-32,164(e), and amendments thereto, may apply to the state board for a certificate of approval under the provisions of such act if the institution is required to obtain a certificate of approval from the state board in order to demonstrate it is legally authorized to provide an educational program under 34 C.F.R. § 600.9, as in effect on July 1, 2021, for participation in programs authorized by the higher education act of 1965.

(b) Any institution issued a certificate of approval by the state board under this section shall be subject to the jurisdiction of the state board and the private and out-of-state postsecondary educational institution act.

(c) Any institution issued a certificate of approval under this section may return to exempt status under the private and out-of-state postsecondary educational institution act by not applying to renew the certificate of approval. Any institution that returns to exempt status, shall not be relieved of any liability for indemnification or any penalty for noncompliance with certification standards during the period of the institution's approved status.

History: L. 2021, ch. 17, § 1; July 1.