Could Western Kentucky University offer its own bachelor’s degrees in engineering?

Plain-English summary

The Kentucky Attorney General concluded in 2015 that an engineering bachelor’s degree was not a “first professional degree” under the statute restricting comprehensive universities. The opinion said Western Kentucky University and other listed comprehensive universities could offer undergraduate engineering programs with Council on Postsecondary Education approval.

WKU had participated in joint engineering programs and sought approval for its own bachelor’s degrees. The AG reasoned that the statutory ban on first professional degrees did not reach these undergraduate degrees: state and federal regulations used “first professional degree” to describe education above or after the baccalaureate level.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the statute’s engineering restriction bar a bachelor’s program?

The AG said no. It read the restriction on first professional degrees as distinct from undergraduate engineering degrees.

Could WKU start an independent program without council approval under the opinion?

No. The conclusion expressly conditioned the ability to offer undergraduate engineering programs on Council on Postsecondary Education approval.

Why did the AG separate an engineering degree from professional licensure?

The opinion noted that a four-year engineering degree was one licensure requirement, alongside additional experience and examinations. The AG then looked to state and federal regulations, which treated a first professional degree as beyond the undergraduate level.

Background and statutory framework

The council asked about WKU’s proposal for its own engineering bachelor’s degrees. The AG read KRS 164.295(8), which barred comprehensive universities from first professional degrees in engineering, with KRS 164.001(7), which listed WKU as such a university. It also examined professional engineer requirements in KRS 322.040(1)(a) and quoted Lichtenstein v. Barbanel, 322 S.W.3d 27, 35 (Ky. 2010), on reading statutes in context.

Citations and references

Statutes: KRS 164.295(8); KRS 164.001(7); KRS 322.040(1)(a).

Case cited: Lichtenstein v. Barbanel, 322 S.W.3d 27, 35 (Ky. 2010).

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Pages/Opinions.aspx
• Original Word document: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG15-004.doc

Original opinion text

OAG 15-004

February 6, 2015

Subject: Whether a baccalaureate degree in engineering constitutes a first professional degree

Requested by: Travis Powell, General Counsel

Kentucky Council on Postsecondary Education

Written by: Matt James

Syllabus: A baccalaureate degree in engineering does not constitute a first professional degree

Statutes construed: KRS 164.295

Opinion of the Attorney General

Travis Powell, General Counsel for the Kentucky Council on Postsecondary Education (“Council”), has requested an opinion of this office on whether a baccalaureate degree in engineering constitutes a first professional degree. We advise that a baccalaureate degree in engineering does not constitute a first professional degree.

On Mar. 20, 2000, Western Kentucky University (“WKU”) submitted a proposal to the Council requesting approval of three Bachelor of Science Degrees in construction engineering and management, electrical engineering, and mechanical engineering. Based on concerns related to the capacity of WKU to effectively offer these programs, the Council commissioned an alternative proposal to expand engineering education. The alternative proposal involved joint engineering programs between state universities in various areas of engineering, each to be separately accredited by the Accreditation Board for Engineering and Technology. On May 21, 2001, the Council approved joint programs between WKU and the University of Louisville (“U of L”) in electrical engineering, WKU and the University of Kentucky (“UK”) in mechanical engineering, WKU and UK in civil engineering, and U of L and Murray State University in electrical and telecommunications engineering. WKU’s joint programs in civil, electrical, and mechanical engineering were accredited on Oct. 1, 2003, and have been continuously accredited to date. On May 12, 2014, WKU applied to the Council for approval to offer its own baccalaureate degrees in electrical, mechanical, and civil engineering, while keeping the existing joint degree programs in place. At issue is whether WKU has the statutory authority to offer such engineering programs.

KRS 322.040(1)(a) provides the requirements for licensure as a professional engineer:

A person shall qualify if he or she has:

Graduated from an engineering program of four (4) years or more accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology or any engineering program deemed equivalent by the board;

Four (4) or more additional years of progressive experience in engineering or teaching of a grade and character which indicates to the board that the applicant is competent to practice engineering; and

A passing score on:

The Principles and Practice of Engineering Examination; and

The Fundamentals of Engineering Examination. The board may allow students enrolled in the final year of an undergraduate engineering program to take this examination. Upon passing the examination, the applicant shall be designated an engineer in training.

In order to qualify as a professional engineer generally, a person must have graduated from an accredited engineering program of at least four years, obtain at least four additional years of engineering experience, and pass two engineering examinations. The only degree required for licensure as a professional engineer is a four-year degree, although there are also requirements of significant additional experience and examinations.

KRS 164.295(8) provides that “a comprehensive university shall not:

(a) Offer . . . first professional degrees in the fields of architecture, medicine, dentistry, pharmacy, law, or engineering.” KRS 164.001(7) provides that “‘comprehensive university’ means the following public institutions . . . Western Kentucky University.” As a comprehensive university, WKU is thus forbidden from offering a first professional degree in engineering. However, “first professional degree” is not expressly defined in any of the Kentucky Revised Statutes or other Kentucky authorities. The issue is therefore whether a baccalaureate degree in engineering counts as a first professional degree, as it is the only degree required to enter into the practice of engineering.

“We will read the statute as a whole, and with other parts of the law of the Commonwealth, to ensure that our interpretation is logical in context.” Lichtenstein v. Barbanel, 322 S.W.3d 27, 35 (Ky. 2010). The use of “first professional degree” in other regulations indicates that it is to be contrasted with a baccalaureate degree rather than equated with it. 11 KAR 3:011 § 1(27) provides that “‘graduate or professional student’ means a student who: (a) Is enrolled in a program or course above the baccalaureate level at an institution of higher education or is enrolled in a program leading to a first professional degree.” 13 KAR 1:020 § 8(8)(b) requires that “a college shall require a minimum of . . . 2. 120 student credit hours for a baccalaureate degree; or 3. Thirty (30) student credit hours for a post-baccalaureate, graduate, or first professional degree.” In both of these regulations, a first professional degree is considered to be above or after the baccalaureate degree. Similarly, federal regulations provide that a first professional degree is beyond an undergraduate degree. See, e.g., 6 C.F.R. § 17.105(i) (“Institution of professional education means an institution (except any institution of undergraduate higher education) that offers a program of academic study that leads to a first professional degree); 7 C.F.R. § 15a.2(j); 10 C.F.R. 5.105. “When interpreting a provision of a statute, a court should not, if possible, adopt a construction that renders a provision meaningless or ineffectual.” Schoenbachler v. Minyard, 110 S.W.3d 776, 783 (Ky. 2003). To interpret “first professional degree” as including a baccalaureate degree would be to render these regulations contradictory and ineffective. We advise that a baccalaureate degree, including a baccalaureate degree in engineering, does not constitute a “first professional degree” for the purposes of KRS 164.295(8). Accordingly, Western Kentucky University, as well as any other comprehensive university listed in KRS 164.001(7), may provide undergraduate programs in engineering, with the approval of the Council on Postsecondary Education.

JACK CONWAY

ATTORNEY GENERAL

Matt James

Assistant Attorney General