STATE OF NEW JERSEY
HIGHER EDUCATION
Governor Chris Christie • Lt. Governor Kim Guadagno
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Primary Statutory Responsibilities

Updated and Annotated July 2010

Pursuant to Governor Christie's Reorganization Plan 005-2011, The Commission on Higher Education has been abolished, and the duties and authorities have been transferred to the Secretary of Higher Education.

Statutory responsibilities enacted in 2010 are in italicsNotations are made when appropriations for specific programs in statute have been eliminated or are not currently in operation.

Policy and Planning

  • Develop a comprehensive, regularly updated master plan with advice and assistance from New Jersey Presidents’ Council (18A:3B-14(a))

  • Conduct research on higher education issues (18A:3B-14(a))

  • Conduct studies upon request of the New Jersey Presidents’ Council (18A:3B-14(a))

  • Require reports from institutions as necessary to perform functions (18A:3B-14(a))

  • Consult with Higher Education Student Assistance Authority (HESAA) on student assistance matters (18A:3B-14(m))

  • Develop form and content of annual institutional accountability reports (18A:3B-35)

  • Annual review of requests for state support in relation to institutional mission (18A:3B-14(g))

  • Review and comment on senior public facilities master plans (18A:3B-39)

  • Advise and make recommendations for consideration to the Governor and governing boards of senior public colleges for members of the governing board appointed by the Governor(18A:3B-14(n))

  • Examine and recommend to institutions of higher education opportunities for joint purchasing and other joint arrangements that would be advantageous to the institution (18A:3B-14(o))

  • Recommend to Governor and Legislature penalties for noncompliance to audit practice requirements of senior public institutions.(18A: 3B-53)

  • Develop and enforce a code of standards to define and regulate activities of governmental affairs agents at senior public institutions. (18A:3B-54)

  • Convene a meeting at least once a year of representatives of all public and independent institutions to discuss issues related to the development and implementation of new degree programs (18A:3B-64)

  • Issue responses to petitions to change institutional mission within one year of receipt and require information on the long-term costs of the change and a cost-benefit analysis of the impact of the change( 18A:3B-63)

  • Provide review and recommendations regarding the establishment of a branch campus by a senior public institution located outside of New Jersey and serving at least 500 students. (18A:3B-65)

Advocacy and Initiatives

  • Inform the public of needs and accomplishments of higher education (18A:3B-14(b))

  • Annual coordinated budget policy statement for Governor and Legislature (18A:3B-14(g))

  • Make recommendations to Governor and Legislature on higher education initiatives and incentive programs of statewide significance (18A:3B-14(c))

  • Lead agency of communication with the federal government on higher education issues, except student assistance (18A:3B-14(j))

  • Grant writing to obtain funds from the federal government or other entities for advancement of higher education (18A:3B-14(i))

  • Communication with the State Board and Commissioner of Education (18A:3B-14(h))

  • Communicate/collaborate with Department of Education regarding implementation of a program to promote increased cooperation between high schools and institutions of higher education (18A:61C-1) 

Administration

  • Provide general supervision of the business and operations of the Educational Opportunity Fund (EOF) (18A:71-31(b))

  • Oversee and administer:

    • Minority Faculty Advancement Program (18A:72F-4)

    • Minority Undergraduate Fellowship Program (18A:72M-2) funding eliminated for 2011

    • Higher Education Services for Visually Impaired, Auditorily Impaired and Learning Disabled Students Program (18A:72H-4) funding eliminated for 2011

    • College Bound Program (annual appropriations act)

    • State-funded grant programs as established through appropriations acts (e.g., High-Tech Workforce Excellence, Teacher Quality, Research Capacity Building) None operational.

    • The federal GEAR UP grant (18A:3B-14(i))

    • Capital bond funds as assigned by the Legislature (see statutory references under regulations) No current programs.

  • Apportion and distribute moneys made available by act of Congress for use in higher education (18A:59-1)

  • Establish and implement regulations for:

    • final administrative decisions over institutional licensure and university status after considering recommendations of the New Jersey Presidents’ Council (18A:3B-14(d))

    • licensure of corporations wishing to furnish college-level instruction or award degrees and rules for that purpose (18A:68-3 et seq.; also 18A:3B-15(a))

    • approval of institutional names that describe a college or university (18A:67-2) 

    • final administrative decisions over new academic programs that exceed or change an institution’s programmatic mission or that are unduly duplicative or expensive (18A:3B-14(f))

    • model code of ethics for institutions (18A:3B-14(e))

    • capital bond funds as assigned by the Legislature (18A:3B-14(k), also 18A:3B-22, 18A:3B-23, 18A:3B-24, and 18A:3B-25, powers and duties under pre-1994 capital program acts transferred to the CHE; 18A:72A-70 and 18A:72A-80, rulemaking authority under post-1994 capital program acts to date) Regulations for completed capital programs have been intentionally permitted to expire.

    • domicile for purposes of in-state tuition (18A:62-4; also 18A:3B-15(c))

    • criteria for chargeback between counties (18A:64A-23(b))

    • EOF (18A:71-33(f), EOF board) 

    • Minority Faculty Advancement Program (18A:72F-11; joint responsibility with EOF executive director)

    • Minority Undergraduate Fellowship Program (18A:72M-6; joint responsibility with EOF executive director)

    • establishment of a county community college (18A:64A-2 through 11) 

    • certain community college personnel policies (18A:3B-15(f)

  • Conduct fundraising for and provide administrative support for Governor’s School

  • Issue guidelines and criteria for collecting and calculating information required by the provisions of the New Jersey College Student and Parent Consumer Information Act (18A:3B-45)

  • Determine an indicator for the senior public institutions of each academic department’s capacity to serve students (18A:3B-44) 

Responsibilities of the CHE Chairperson

Chair or designee serves as an ex officio member of:

  • Board of Directors of the EOF (18A:71-32)

  • Board of the HESAA (18A:71A-4)

  • Educational Facilities Authority (18A:72A-4(b))

Responsibilities of the Secretary of Higher Education / Executive Director of the CHE

Serves as an ex officio member of:

  • CHE (non-voting)

  • State Employment and Training Commission (SETC) (34:15C-3)*

  • State Council for Adult Literacy Education Services (34:15C-18.b)

  • Prepaid Higher Education Expense Board (18A:71B-69b) Never operational.

  • New Jersey Commission on Environmental Education (18A:6-91.1a)

  • Abbott Implementation Council (by executive order) No longer in operation

  • Homeland Security Technology Systems Center Advisory Board (by executive order) No longer in operation

  • Governor’s School of New Jersey (by executive order)

Other Statutory Involvement of the CHE

  • Secretary of higher education, with the concurrence of the Governor, shall have authority to visit public institutions of higher education to examine their manner of conducting their affairs and to enforce an observance of the laws of the State. (18A:3B-34)

  • Secretary of higher education, with the concurrence of the Governor, may administer oaths and examine witnesses under oath in any part of the state with regard to any matter pertaining to higher education.  May also issue subpoenas. (18A:3B-34)

  • Rutgers University property is subject to visitatorial powers of the chairman of the CHE at the request of the Governor (18A:65-33.1)

  • General powers of supervision and control of the CHE chairman at the request of the Governor over UMDNJ include the power to visit the university to examine its manner of conducting its affairs and to enforce an observance of its laws and regulations and the laws of the state (18A:64G-3.6) 

  • Exceptions to the limitation of UMDNJ baccalaureate programs to the upper division may be made with CHE approval, except as provided by law (18A:64G-3.9) 

  • Advisory Graduate Medical Education Council (AGMEC) is created in the Commission (18A:64H-2); the CHE shall promulgate regulations.

  • Advisory Committee on Alternatively Accredited Medical School Clinical Clerkships is created within the Commission (18A:64H-9); the Commission shall

    • adopt implementing rules (18A:64H-

  • The Board of Governors of Rutgers University shall advise, in consultation with CHE and New Jersey Presidents’ Council, to the end that the facilities and services of the university may be so utilized as to increase the efficiency of the public school system and provide higher education for the people of the state (18A:65-35)
  • Tuition Aid Grant Program

    • In the event the amount appropriated is insufficient for full awards, HESAA, in consultation with the CHE, shall reduce awards equitably among eligible students (18A:71B-21)

  • Garden State Savings Bond Program** No longer in operation

    • State Treasurer, in consultation with CHE, provides for additional financial incentives to bond holders to encourage in-state enrollment (18A:71B-30)

    • State Treasurer or issuing agency shall report to CHE the results of each separate sale of bonds (18A:71B-32)

    • State Treasurer, in consultation with CHE, shall approve additional financial incentives, possible purchase limits, and minimum denominations (18A:71B-33)

    • The CHE and the State Treasurer shall assess the program’s effectiveness and recommend necessary changes (18A:71B-34)

  • With the advice of the State Advisory Committee on Bilingual Education, recommend state support to institutions for professional development of professionals serving bilingual populations (18A:35-25) Advisory committee not in operation

  • Review of institutional guidelines and procedures for literacy programs, in conjunction with sponsoring agencies, to help promote uniformity among the institutions (18A:62-21) Either completed or not in operation.

  • Establishment of statewide transfer agreement with annual reports (18A:62-46)

  • NJSTARS and NJSTARS II scholarships (18A:71B-85)

  • Appoint and convene a network of academics and researchers to develop economic development policies and programs for higher education (18A:3B-40


* SETC Statute names the Chancellor of Higher Education ex officio.  The Executive Director has been a direct gubernatorial appointment.

** - The GSSB program is administered by the NJ Department of Treasury.

  • Requests for additional information on GSSB and redemption issues may be directed to Guy Tassi, Administrative Analyst I, Division of Administration, New Jersey Department of Treasury, at (609) 633-9082.
  • For questions about how GSSB proceeds may affect TAG eligibility, please contact HESAA Grants and Scholarships staff at (609) 588-3268.
  • For information on redeeming Garden State Savings Bonds, call US Bank at 1-800-934-6802. 

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Last updated: November 3, 2011