Request By:
Travis Powell
General Counsel
Kentucky Council on Postsecondary Education
Opinion
Opinion By: JACK CONWAY,ATTORNEY GENERAL;Matt James,Assistant Attorney General
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:
1. 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;
2. 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
3. A passing score on:
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.