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  1. #1
    Join Date
    Nov 2015
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    Default Employer Won't Recognize Out-of-State, Online Graduate Programs

    My question involves education law in the State of: Kentucky

    I am a teacher in Kentucky. I would like to pursue a online graduate program out of state. I was told that any program out of state will not be recognized by the Kentucky Education Standards Board. The state legislature passed some sort of law that redefined college according to state law. I was told they did this to keep teachers and state employees from going out of state to receive degrees. However, this seems fishy to me especially since I can't make sense of the regulations and what they entail. I want to pursue this degree because I cannot receive one like it from within Kentucky. To me, this seems illegal because it would fall under interstate commerce and the business of education.

    I have included links here:

    http://www.kyepsb.net/certification/outofstate.asp

    http://cpe.ky.gov/institutions/

    If anyone could help me I would really appreciate it.

    Thank you,

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Kentucky Council on Postsecondary Education

    They aren't preventing you from furthering your education. They are just saying that if you do it an institution they don't recognize, it won't count towards anything on your job.

  3. #3
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    Default Re: Kentucky Council on Postsecondary Education

    Help you what?
    I've looked at the list of institutions and there are some out of state universities.
    http://cpe.ky.gov/institutions/

    I've also looked at this page, but without information about the institution/program, I cannot input to see if KY approves the program.
    https://dataportal.cpe.ky.gov/AcadProg.aspx

    What the first link is saying is that you cannot get pre-approval for taking classes pertaining to education and there are no out of state education programs that are approved by the state.

    States are allowed to do this. I suggest if you don't like the requirements that you lobby the legislature/CPE to change their requirements.

  4. #4
    Join Date
    Nov 2015
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    2

    Default Re: Kentucky Council on Postsecondary Education

    The program I wanted to complete was not an education program, but would be based on a content area. I have spoken on the phone with them about us, but they cannot give me a straight answer.

  5. #5
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    Default Re: Kentucky Council on Postsecondary Education

    Did you go to the second link I posted? That very well may answer your questions (which aren't legal in nature).

  6. #6
    Join Date
    Oct 2014
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    8,238

    Default Re: Kentucky Council on Postsecondary Education

    Quote Quoting Summoner12
    View Post
    My question involves education law in the State of: Kentucky
    To me, this seems illegal because it would fall under interstate commerce and the business of education.
    This seems to be the main legal issue that you raise. The state’s requirement here would not violate the commerce clause. The state cannot treat a person from outside the state seeking to do business in Kentucky worse than it does a business owned by a Kentucky citizen. The state is not doing that here so far as I can see. It allows out of state educational institutions to operate in the state and if they do then they are treated just like the in state institutions are. Your problem is that the program you want to take is not operating in Kentucky and not certified as a result. That's not a commerce clause issue.

  7. #7
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    Sep 2005
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    Default Re: Employer Won't Recognize Out-of-State, Online Graduate Programs

    Quote Quoting Summoner12
    View Post
    The state legislature passed some sort of law that redefined college according to state law. I was told they did this to keep teachers and state employees from going out of state to receive degrees.
    It seems likely that they wanted to stop teachers from "attending" out-of-state diploma mills, then demanding raises based upon degrees that had no actual educational value. Your proposed program may be excellent, but it makes sense to put the onus on the program to establish itself as meeting the state's requirements rather than requiring the state to try to evaluate each program on an ad hoc basis every time a teacher claims to have completed a program.
    Quote Quoting 16 KAR 5:010(2). Standards for accreditation of educator preparation units and approval of programs
    Section 2. Accreditation Requirements.

    (1) An institution offering an educator certification program or a program leading to a rank change:

    (a) Shall be accredited by the state; and

    (b) May be accredited by NCATE.

    (2) State accreditation shall be:

    (a) A condition of offering an educator certification program or a program leading to a rank change; and

    (b) Based on the national accreditation standards which include the program standards enumerated in KRS 161.028(1)(b), and which are set out in the "Professional Standards for the Accreditation of Teacher Preparation Institutions" established by NCATE. The accreditation standards shall include:

    1. Standard 1 - Candidate Knowledge, Skills, and Dispositions. Candidates preparing to work in schools as teachers or other professional school personnel know and demonstrate the content, pedagogical, and professional knowledge, skills, and dispositions necessary to help all students learn. Assessments indicate that candidates meet professional, state, and institutional standards.

    2. Standard 2 - Assessment System and Unit Evaluation. The unit has an assessment system that collects and analyzes data on applicant qualifications, candidate and graduate performance, and unit operations to evaluate and improve the unit and its programs.

    3. Standard 3 - Field Experience and Clinical Practice. The unit and its school partners design, implement, and evaluate field experiences and clinical practice so that teacher candidates and other school personnel develop and demonstrate the knowledge, skills, and dispositions necessary to help all students learn.

    4. Standard 4 - Diversity. The unit designs, implements, and evaluates curriculum and experiences for candidates to acquire and apply the knowledge, skills, and dispositions necessary to help all students learn. These experiences include working with diverse higher education and school faculty, diverse candidates, and diverse students in P-12 schools.

    5. Standard 5 - Faculty Qualifications, Performance, and Development. Faculty are qualified and model best professional practices in scholarship, service, and teaching, including the assessment of their own effectiveness as related to candidate performance; they also collaborate with colleagues in the disciplines and schools. The unit systematically evaluates faculty performance and facilitates professional development.

    6. Standard 6 - Unit Governance and Resources. The unit has the leadership, authority, budget, personnel, facilities, and resources including information technology resources, for the preparation of candidates to meet professional, state, and institutional standards.

    (3) NCATE accreditation shall not be a condition of offering an educator certification program or a program leading to a rank change.

    (4) All educator preparation institutions and programs operating in Kentucky that require licensure by the Council on Postsecondary Education under KRS 164.945, 164.946,164.947, and 13 KAR 1:020 shall:

    (a) Be accredited by the state through the EPSB under this administrative regulation as a condition of offering an educator certification program or a program leading to rank change; and

    (b) Comply with the EPSB "Accreditation of Preparation Programs Procedure".

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