13-13a41. Grants; eligibility and amount; determination of FTE enrollment; limitation on use. (a) Except to the extent provided in subsection (4), in each fiscal year, the university is entitled to an operating grant from the state general fund in an amount to be determined by the state board. The state board shall:

(1) Determine the average amount of moneys from the state general fund expended per FTE lower division undergraduate student in the preceding fiscal year at the regional state educational institutions;

(2) (A) in the 2002 fiscal year, compute 55% of the amount determined under (1); (B) in the 2003 fiscal year, compute 60% of the amount determined under (1); (C) in the 2004 fiscal year and in each fiscal year thereafter, compute 65% of the amount determined under (1);

(3) multiply the amount computed under (2) by the number of FTE students of the university. Subject to the provisions of subsection (e) of K.S.A. 74-3202d, and amendments thereto, the product is the amount of the operating grant the university is entitled to receive for the fiscal year.

(4) Notwithstanding the foregoing provisions, no amount of the university's operating grant shall be based upon any credit hour for which the university or its affiliated institute of technology is receiving or is eligible to receive postsecondary tiered technical education state aid in accordance with K.S.A. 71-1803, and amendments thereto.

(b) (1) For the purposes of this section, the FTE enrollment of the university shall be based on: (A) Enrollment of students who are residents of the state of Kansas; and (B) the greater of FTE enrollment in the second or third fiscal year preceding the fiscal year for which the appropriation for the operating grant is made.

(2) As used in this section, the term "regional state educational institutions" means Emporia state university, Fort Hays state university and Pittsburg state university, and the term "lower division undergraduate student" means a freshman or sophomore.

(c) Moneys received as state grants from the state general fund shall not be expended for the purpose of expansion of graduate programs or for the purpose of expansion of off-campus programs without the prior approval of the state board.

History: L. 1961, ch. 365, § 3; L. 1965, ch. 416, § 2; L. 1967, ch. 390, § 1; L. 1969, ch. 332, § 1; L. 1973, ch. 290, § 1; L. 1974, ch. 305, § 1; L. 1975, ch. 376, § 1; L. 1977, ch. 233, § 2; L. 1978, ch. 295, § 2; L. 1980, ch. 208, § 3; L. 1982, ch. 282, §4; L. 1984, ch. 258, § 2; L. 1985, ch. 234, § 3; L. 1988, ch. 274, § 7; L. 1991, ch. 225, § 2; L. 1992, ch. 24, § 1; L. 1999, ch. 147, § 60; L. 2001, ch. 51, § 1; L. 2002, ch. 188, § 9; L. 2011, ch. 97, § 37; July 1.