Kan. Admin. Regs. § 88-27-2 - Review of out-district tuition determinations

(a) Any municipal university or community college may request a review, by an appeal committee, of any determination made pursuant to K.A.R. 88-27-1. The municipal university or community college shall submit a written request for review to the state board within 15 days of the date that the notice provided for in K.A.R. 88-27-1 was mailed to the municipal university or community college.
(b) Within 10 days of the receipt of a request for review, an appeal committee shall be appointed by the vice president of academic affairs that consists of three persons who are members of the board staff. The appeal committee shall not include any of the board staff who have participated in the initial decision regarding out-district tuition.
(c) A date, time, and place for a hearing on the matter shall be fixed by the vice president for academic affairs upon receipt of a request for review. The county and each of the institutions that is interested in the matter shall be notified by mail. The date for the hearing shall be at least 10 days, but not more than 30 days, after the date the request for review was received by the vice president for academic affairs. The appeal committee shall be provided with the release of out-district funds form completed in accordance with K.A.R. 88-27-1 and a copy of the information concerning the courses of study or programs upon which the determination was made.
(d) At the hearing of the appeal committee, the county, each of the institutions that has an interest in the matter, and any of the board staff who participated in the initial determination shall be allowed to present information concerning the matter. Based upon information provided in the release of out-district funds form, information concerning courses of study and programs, and information provided at the hearing, the appeal committee shall determine whether the municipal university is authorized to charge out-district tuition for the student.
(e) Within 10 days of the hearing, a written statement indicating the determination of the appeal committee and the reason or reasons for the determination shall be prepared by the vice president for academic affairs. The statement also shall direct the municipal university to charge out-district tuition for the student or shall advise the municipal university that out-district tuition will not be charged for the student.
(f) The statement prepared under subsection (e) shall be mailed by the vice president for academic affairs to the persons and entities specified in K.A.R. 88-27-1. The decision of the appeal committee shall be final.

Notes

Kan. Admin. Regs. § 88-27-2
Authorized by and implementing K.S.A. 2002 Supp. 13-13a27, as amended by L. 2003, Ch. 35, § 3, and K.S.A. 2002 Supp. 13-13a29, as amended by L. 2003, Ch. 35, § 4; effective Oct. 29, 2004.

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