KRS § 197.292 Memoranda of agreement between department and Kentucky Community and Technical College System -- Duties and responsibilities of department -- Duties and responsibilities of KCTCS -- Limitation. (Effective July 15, 2026)

197.292 Memoranda of agreement between department and Kentucky Community and Technical College System -- Duties and responsibilities of department -- Duties and responsibilities of KCTCS -- Limitation. (Effective July 15, 2026) (1) The memorandum of agreement required under KRS 197.290 between the department and the Kentucky Community and Technical College System (KCTCS): (a) Shall establish the duties and responsibilities of each party; and (b) May be amended by the parties as necessary, including the addition of terms not required under this section, to meet the needs of the program. (2) The duties and responsibilities of the department shall include: (a) Establishing rules of conduct for inmates participating in the program and maintaining decision-making authority related to any disciplinary action for violations of the rules established under this paragraph; (b) Marketing the program across correctional facilities throughout the Commonwealth with inmates who may meet eligibility requirements; (c) Providing training for each college employee entering the facility or communicating with an inmate, including necessary training related to safety, security, and relevant policies and procedures; (d) Providing training for each college employee entering the facility or communicating with a participating inmate virtually or in a distance format; (e) For the training required under paragraphs (c) and (d) of this subsection, providing modules related to: 1. Safety, security, and related policies and procedures; 2. The Prison Rape Elimination Act, 34 U.S.C. sec. 30301 et seq.; 3. Maintaining professional boundaries; and 4. The use of core correctional practices to effectively respond to behavior; (f) Providing KCTCS with necessary data to operate the program, including: 1. The transfer and release dates of inmates participating in the program as required by the United States Secretary of Education under 34 C.F.R. sec. 668.239; 2. A roster of inmates approved for the program to be submitted to the college's designated office for each term; 3. Grades and course completions entered into the Kentucky Offender Management System; 4. Information to determine the last day of attendance; and 5. Information to assist in tracking graduates post-release; (g) Helping to facilitate required verification, identification, and financial aid documents with identified federal agencies for participation in the program; (h) Providing operational support to successfully carry out the program, including: 1. Adequate security staffing to support the inmates participating in the program at the KCTCS Prison Education Program campus and collaborating with external partners on reentry services; 2. Office space, copier access, and utilities at no cost to KCTCS; 3. Clear processes and systems to pay for education expenses, for use by inmates participating in the program; 4. Background checks of all KCTCS employees using the department's approved vendors and processes; 5. Maintenance and replacement of learning technology onsite to ensure continuity in the learning environment when technology malfunctions, including the use of department-issued tablets; and 6. Facilitating the purchase and acquisition of class supplies at the beginning of each academic term and charging the cost, along with books, to the participating inmate's financial aid account; and (i) Participating in joint meetings between the department and KCTCS to review program outcomes, security issues, and facility updates each term. (3) The duties and responsibilities of KCTCS shall include: (a) Establishing rules of academic conduct for inmates participating in the program and maintaining decision-making authority related to any disciplinary action for violations of the rules established under this paragraph; (b) Ensuring compliance with all applicable federal, state, and local laws related to student privacy and department security procedures; (c) Maintaining all instructional equipment that is provided by KCTCS within the facility, outside of learning technology that is part of the prison environment; (d) Providing marketing support for the program, including: 1. Brand guidelines; 2. Program information; 3. Transfer pathways; and 4. Public relations requests related to the program; (e) Developing and distributing a specific catalog or similar publication describing available programs, services for inmates participating in the program, curriculum maps, and delivery options; (f) Establishing and maintaining a companion website section to inform participating inmate's families, department partners, and community supporters about the campus programs; (g) Managing partnership components pertaining to the educational status of participating inmates, including: 1. Initial college application completion and other educational records required for admission; 2. Academic records and materials to determine transfer credit and initial placement; 3. Free Application for Federal Student Aid (FAFSA) completion and submission, including eligibility criteria and financial aid payment options; 4. Facilitation of financial aid payments for tuition, books, and supplies on behalf of the participating inmate, ensuring no direct disbursements to the inmate; 5. Orientation for participating inmates each term addressing: a. College policies and procedures; b. Program requirements; c. FAFSA and payment plans; d. Code of student conduct and college student expectations; and e. Available support services; 6. Completion of graduation application and transfer enrollment if desired; 7. Instructional materials that comply with the facility requirements of the department; and 8. Quality assurance processes, including: a. Course evaluations; b. Performance of the participating inmate; c. Syllabi review; and d. Faculty observation; (h) Providing and managing staffing related to the academic components of the program, including: 1. Qualified and credentialed in-person and online instructors for coursework; and 2. Admissions, financial aid, advising, online library, tutoring, veteran support, transcript collection, and academic support services on-site at the facility; (i) Ensuring compliance with requirements of the Southern Association of Colleges and Schools Commission on Colleges and requirements of the Department of Education for the program; (j) Providing graduation ceremonies on-site; and (k) Working with the department and external partners to match inmates who have completed the program with employers and collecting and reporting job placement and data transfer on an annual basis. (4) The department and KCTCS shall negotiate the responsibility for the cost of licensing and certification examinations if required by an academic program offered in the facility. (5) This section shall not be interpreted to: (a) Create or confer upon any inmate any private right or benefit; or (b) Limit the discretion of the department in determining and maintaining operational and security requirements of the department. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 64, sec. 2, effective July 15, 2026.