74-32,311.

400 words·~2 min read·/ks/chapter-74/74-32-192

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

74-32,311. Accreditation policies of postsecondary educational institutions; review; prohibition on requiring violation of state law; cause of action for adverse actions against institution.

(a)The governing body of each postsecondary educational institution shall regularly review and update the policies and practices on accreditation of such institution.

(b)On or before December 31, 2025, each governing body of a postsecondary educational institution shall:

(1)Identify the accrediting agencies or association eligible to accredit such institution. Any such agencies or associations shall be agencies or associations recognized by the United States department of education in the database maintained by such department; and

(2)update the policies and practices on accreditation of such institution to ensure that the institution may freely pursue accreditation by any accrediting agency or association identified pursuant to paragraph

(1)that is appropriate for the programs offered by such institution.

(c)No accrediting agency or association shall compel a postsecondary educational institution to violate any state law. Any adverse action taken against a postsecondary educational institution based, in whole or in part, on such institution's compliance with any state law shall constitute a violation of this section. Any such violation may be enforced only to the extent that state law is not preempted by a federal law recognizing the necessity of the accreditation standard or requirement.

(d)A postsecondary educational institution that is negatively affected by a violation of this section may bring a civil action against the accrediting agency or association in a court of competent jurisdiction in this state.

(e)If an accrediting agency or association violates this section, the governing board of the affected postsecondary educational institution shall notify the legislature in writing within 30 calendar days of such violation.

(f)As used in this section, "postsecondary educational institution" means a:

(1)State educational institution as defined in K.S.A 76-711 , and amendments thereto;

(2)private postsecondary educational institution as defined in K.S.A. 74-32,163 , and amendments thereto;

(3)municipal university as defined in K.S.A. 74-3201b , and amendments thereto;

(4)not-for-profit institution of postsecondary education with its main campus or principal place of operation in Kansas, is operated independently and not controlled or administered by any state agency or subdivision of the state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States; and

(5)community college as defined in K.S.A. 74-3201b , and amendments thereto.