Section 164.2847 - Waiver of tuition and mandatory student fees for Kentucky foster or adopted children(1) Tuition and mandatory student fees for any undergraduate or graduate program of any Kentucky public postsecondary institution, including all four (4) year universities and colleges and institutions of the Kentucky Community and Technical College System, shall be waived for a Kentucky foster or adopted child who is a full-time or part-time student if the student meets all entrance requirements and maintains academic eligibility while enrolled at the postsecondary institution, and if:(a) The student's family receives state-funded adoption assistance under KRS 199.555;(b) The student is currently committed to the Cabinet for Health and Family Services under KRS 610.010(5) and placed in a family foster home or is placed in accordance with KRS 605.090(3);(c) The student is in an independent living program and the placement is funded by the Cabinet for Health and Family Services;(d) The student who is an adopted child was in the permanent legal custody of and placed for adoption by the Cabinet for Health and Family Services. A student who meets the eligibility criteria of this paragraph and lives outside of Kentucky at the time of application to a Kentucky postsecondary institution may apply for the waiver up to the amount of tuition for a Kentucky resident; or(e) The Cabinet for Health and Family Services was the student's legal custodian on his or her eighteenth birthday.(2) Tuition and mandatory student fees for any undergraduate program of any Kentucky public postsecondary institution, including all four (4) year universities and colleges and institutions of the Kentucky Community and Technical College System, shall be waived for a Department of Juvenile Justice foster child who is a full-time or part-time student if the student meets all entrance requirements and maintains academic eligibility while enrolled at the postsecondary institution and obtains a recommendation for participation from an official from the Department of Juvenile Justice, and if: (a) The student has not been sentenced to the Department of Juvenile Justice under KRS Chapter 640;(b) The student has been committed to the Department of Juvenile Justice for a period of at least twelve (12) months;(c) The student is in an independent living program and placement is funded by the Department of Juvenile Justice;(d) The parental rights of the student's biological parents have been terminated; or(e) The student was committed to the Cabinet for Health and Family Services prior to a commitment to the Department of Juvenile Justice.(3) Upon request of the postsecondary institution, the Cabinet for Health and Family Services shall confirm the eligibility status under subsection (1) of this section and the Department of Juvenile Justice shall confirm the eligibility status and recommendations under subsection (2) of this section of the student seeking to participate in the waiver program. Release of this information shall not constitute a breach of confidentiality required by KRS 199.570, 610.320, or 620.050.(4) The student shall complete the Free Application for Federal Student Aid to determine the level of need and eligibility for state and federal financial aid programs. If the sum of the tuition waiver plus other student financial assistance, except loans and the work study program under 42 U.S.C. secs. 2751-2756b, from all sources exceeds the student's total cost of attendance, as defined in 20 U.S.C. sec. 1087ll, the tuition waiver shall be reduced by the amount exceeding the total cost of attendance.(5) Except when extended in accordance with subsection (6) of this section, the student shall be eligible for the tuition waiver:(a) For entrance to the institution for a period of no more than four (4) years after the date of graduation from high school or obtaining a high school equivalency diploma; and(b) For one hundred fifty (150) consecutive or nonconsecutive credit hours earned, after first admittance to any Kentucky institution if satisfactory progress is achieved or maintained up to age twenty-eight (28).(6) The expiration of a student's eligibility under subsection (5)(a) of this section shall be extended by the number of academic terms the institution determines the student was unable to enroll for or complete due to serving: (a) On active duty status in the United States Armed Forces;(b) As an officer in the Commissioned Corps of the United States Public Health Service; or(c) On active service in the Peace Corps Act or the Americorps. The original age limitation under subsection (5)(b) of this section shall be extended by the total number of years during which the student was on active duty status. The number of months served on active duty status shall be rounded up to the next higher year to determine the maximum length of eligibility extension allowed.
(7) The Council on Postsecondary Education shall report nonidentifying data on graduation rates of students participating in the tuition waiver program by November 30 each year to the Legislative Research Commission.(8) Nothing in this section shall be construed to:(a) Guarantee acceptance of or entrance into any postsecondary institution for a foster or adopted child;(b) Limit the participation of a foster or adopted student in any other program of financial assistance for postsecondary education;(c) Require any postsecondary institution to waive costs or fees relating to room and board; or(d) Restrict any postsecondary institution, the Department of Juvenile Justice, or the Cabinet for Health and Family Services from accessing other sources of financial assistance, except loans, that may be available to a foster or adopted student.Amended by 2020 Ky. Acts ch. 111,§ 1, eff. 7/14/2020.Amended by 2017 Ky. Acts ch. 80,§ 27, eff. 6/29/2017.Amended by 2014 Ky. Acts ch. 132,§ 16, eff. 7/15/2014.Amended by 2013 Ky. Acts ch. 70,§ 1, eff. 6/24/2013.Effective:7/15/2008
Amended 2008, Ky. Acts ch. 87, sec. 16, effective7/15/2008. -- Amended 2005, Ky. Acts ch. 99, sec. 137, effective 6/20/2005. -- Amended 2002, Ky. Acts ch. 279, sec. 2, effective 7/15/2002. -- Created 2001, Ky. Acts ch. 48, sec. 1, effective 6/21/2001.