5A. If your agency uses a physical presence standard, how does your agency define physical presence? If available, please provide a link to that policy or a citation to the relevant regulation giving that standard:
Here is our general information:
GENERAL INFORMATION ABOUT LICENSURE:
The application for initial licensure can be found online:
1) Applications are to be submitted in electronic format (CD, FTP site, SharePoint, etc.) rather than on paper to Ms. Sarah Levy whose contact information is provided below.
2) In lieu of completing Forms E and F of the application, you may submit faculty information in spreadsheet format, reference: http://apps.cpe.ky.gov/licensure/FORM_FAC_Faculty_information_Equivalent_to_Forms_E_and_F.xls
Also, here are links to:
• our licensing regulation http://www.lrc.ky.gov/kar/013/001/020.htm
• our fee schedule http://www.cpe.ky.gov/NR/rdonlyres/28B0D28F-9FFD-4FD8-812F-DD1437D527D1/0/12FeeScheduleJan2010editioneff030510.pdf .
Licensure is required for an out-of-state institution to operate or solicit in KY and offer online courses and programs to KY students. “Operating or soliciting” is defined in the licensing regulation 13 KAR 1:020 Section 1 (8):
(8) "Operating or soliciting" means having a physical presence within Kentucky and includes:
(a) An instructional or administrative site within Kentucky whether owned, leased, rented, or provided without charge;
(b) Instruction whether theory or clinical, originating from or delivered within Kentucky utilizing teachers, trainers, counselors, advisors, sponsors, or mentors;
(c) An agent, recruiter, in-state liaison personnel, institution, or business located in Kentucky that advises, promotes, or solicits for enrollment, credit, or award of an educational or occupational credential;
(d) An articulation agreement with a Kentucky licensed college or state-supported institution; or
(e) Advertising, promotional material, or public solicitation in any form that targets Kentucky residents through distribution or advertising in the state.
In addition, please note the following:
• Educator preparation programs require the approval of another state agency called the Kentucky Education Professional Standards Board (EPSB), before CPE would license the program. Educator preparation programs offered by your institution would not be accredited in Kentucky by the Education Professional Standards Board. For more information please visit the Education Professional Standards Board’s Web site at: www.epsb.ky.gov/certification/outofstate.asp .
• For programs of nursing that lead to licensure as an Advanced Practice Registered Nurse (APRN), an institution must first obtain approval (license) from CPE, and then it must obtain approval for its clinical sites in Kentucky from the Kentucky Board of Nursing (KBN). For more information, please visit: http://www.kbn.ky.gov/education/pon_resources/Out-of-State+Programs+Seeking+to+Utilize+Kentucky+Clinical+Sites.htm .
WHAT WE NEED FROM THE INSTITUTION:
If the institution will not be engaging in any of the “operating or soliciting” activities above (a-e), then please certify that in a letter to Ms. Sarah Levy’s attention for CPE’s review to determine if licensure is required or not. Letters may be scanned and submitted electronically.
If the institution does seek to operate or solicit in Kentucky and offer its online programs to KY students, then please contact Ms. Levy in order to go over some common questions about the application for licensure, before you submit the application.
Ms. Levy’s contact information:
Sarah Levy, J.D.
Director of Postsecondary Licensing
Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601
Tel: 502.573.1555, ext. 350
5B2a. Permitting a student to complete an internship, externship, field experience, or clinical practicum organized by the institution:
5B2c. Does this apply only to distance education students or more generally:
5B3a. Permitting a student to complete an internship, externship, field experience, or clinical practicum found by the student acting independently:
5B3c. Does this apply only to distance education students or more generally:
5B8a. Organized, consistent, on ‐ the ‐ ground recruiting of students in the state by employees or agents of the institution:
5B8c. What if the agent is only recruiting students in the state on an occasional basis (i.e. at job fairs):
THIRD PARTY AGREEMENTS/CONTRACTS
5B9a. Having a contract/agreement between the institution and in‐state institutions or in‐state entities to provide services for students (i.e. library, gym, computer centers, etc.):
5B12a. Advertising in local media sources that are largely viewed by residents of the state :
5B13a. Advertising in national media sources that can be accessed by residents of the state:
5B14c. What about adjunct faculty: