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Higher Education Restructuring
Act of 1994
(with amendments through 2009)
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.
18A:3B-1. Short title
This
act shall be known and may be cited as the "Higher Education
Restructuring Act of 1994."
L.1994,c.48,s.1.
18A:3B-2. Findings,
declarations
The Legislature finds and declares that:
a. the institutions of higher education are one of the
most valuable and underutilized resources in the State; and
b. the elimination of unnecessary State oversight and
its accompanying bureaucracy will serve to unleash the creativity and innovation
of these institutions; and
c. the restructuring of higher education must ensure
that student aid programs are not only preserved but strengthened and that the
State continue to foster and encourage programs to promote diversity and accessibility;
and
d. the institutions of higher education in the State
shall be responsible for achieving the Statewide goals of affordability and accessibility
for all students, institutional excellence, and effectiveness in addressing the
societal and economic needs of the State; and
e. in order to provide institutions with the ability
to fulfill their mission and Statewide goals, greater decision making and accountability
must be placed at the institutional level and structures must be established
to ensure cooperation among institutions and coordination at the State level;
and
f. the State benefits from a coordinated system of higher
education that includes public and private institutions which offer a variety
of programs with a range of choices and which addresses the needs of the State
including its citizens and employers.
L.1994,c.48,s.2.
18A:3B-3 Definitions.
 For the purposes of
this act, unless the context clearly requires a different meaning:
"Authority" means
the Higher Education Student Assistance Authority established pursuant
to N.J.S.18A:71A-3;
"Commission" means
the New Jersey Commission on Higher Education established by this
act;
"Council" means
the New Jersey Presidents' Council established by this act;
"Programmatic
Mission" means all program offerings consistent within those
levels of academic degrees or certificates that the institution
has been authorized to grant by the State Board of Higher Education
prior to the effective date of this act or approved thereafter
by the commission;
"Public
Research University" means Rutgers, The State University of
New Jersey, the University of Medicine and Dentistry of New Jersey
and the New Jersey Institute of Technology;
"State
college" means any of the State colleges or universities established
pursuant to chapter 64 of Title 18A of the New Jersey Statutes
including any State college designated as a teaching university.
L.1994,c.48,s.3;
amended 1999, c.46, s.27.
18A:3B-4. Department of Higher Education abolished
The Department of Higher Education created by P.L.1967, c.271
(C.18A:3-1 et seq.) is abolished as a principal department in the Executive Branch
of State Government and all of its functions, powers and duties, except as herein
otherwise provided, are terminated.
L.1994,c.48,s.4.
18A:3B-5. Termination
of offices, terms
The offices and terms of the Chancellor of Higher Education,
vice-chancellor, the assistant chancellors and the directors of the various divisions
and offices of the Department of Higher Education, except as herein otherwise
provided, shall terminate upon the effective date of this act.
L.1994,c.48,s.5.
18A:3B-6 Powers, duties
of governing boards of institutions of higher education.
The governing board
of each public institution of higher education shall have the following
general powers and duties to fulfill its mission and the Statewide
goals in cooperation with other institutions and the State coordinating
structures:
a.To develop
an institutional plan and to determine the programs and degree
levels to be offered by the institution consistent with this plan
and the institution's programmatic mission;
b.To have authority over all matters
concerning the supervision and operations of the institution
including fiscal affairs, the employment and compensation of
staff not classified
under Title 11A of the New Jersey Statutes, and capital improvements
in accordance with law;
c.To set tuition
and fees; however, prior to the date of the adoption of a tuition
or fee schedule or an overall institutional budget, and with reasonable
notice thereof, the governing board shall conduct a public hearing
at such times and places as will provide those members of the college
community who wish to testify with an opportunity to be heard;
d.To establish
admission standards and requirements and standards for granting
diplomas, certificates and degrees;
e.To recommend
for appointment by the Governor, members to the institution's
governing board. The recommendation shall be made with
regard to the mission of the institution and the diversity of
the community to
be served;
f.To have final
authority to determine controversies and disputes concerning
tenure, personnel matters of employees not classified under Title
11A of
the New Jersey Statutes, and other issues arising under Title
18A of the New Jersey Statutes involving higher education except
as
otherwise provided herein. Any matter arising under this
subsection may be assigned to an administrative law judge, an independent
hearing officer or to a subcommittee of the governing board for
hearing and initial decision by the board, except for tenure hearings
under N.J.S.18A:6-18. Any hearings conducted pursuant to
this section shall conform to the requirements of the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The
final administrative decision of a governing board of a public
institution of higher education is appealable to the Superior
Court, Appellate Division;
g.To invest and
reinvest the funds of the institution; however, institutions
which invest the funds of the institution through the Director
of the
Division of Investment in the Department of the Treasury on or
before the effective date of this act shall continue to do so,
unless this requirement is waived by the State Treasurer on an
annual basis, which waiver shall not be unreasonably withheld;
h.To retain legal
counsel of the institution's choosing. State entities may choose
representation by the Attorney General; however, as to claims
of a tortious nature, the institution shall elect within 75 days
of
the effective date of this act whether it, and its employees,
shall be represented in all such matters by the Attorney General. If
the institution elects not to be represented by the Attorney General,
it shall be considered and its employees considered employees of
a sue and be sued entity for the purposes of the "New Jersey
Tort Claims Act" only. The institution shall be required
in that circumstance to provide its employees with defense and
indemnification consistent with the terms and conditions of the
Tort Claims Act in lieu of the defense and indemnification that
such employees would otherwise seek and be entitled to from the
Attorney General pursuant to N.J.S.59:10-1 et seq. and P.L.1972,
c.48 (C.59:10A-1 et seq.);
i.To be accountable
to the public for fulfillment of the institution's mission and
Statewide goals and for effective management of the institution;
j.To submit a
request for State support to the Division of Budget and Accounting
in the Department of the Treasury and to the commission in accordance
with the provisions of this act; k.To have prepared and made available
to the public an annual financial statement, and a statement
setting forth generally the moneys expended for government
relations, public
relations and legal costs;
l.To have prepared
an annual independent financial audit, which audit and any management
letters regarding that audit shall be deemed public documents.
These
powers and duties are in addition to and not a limitation of
the specific powers and duties provided for the governing board
of
each public institution under chapters 64, 64A, 64G or 64E of
Title 18A of the New Jersey Statutes. If the provisions
of this section are inconsistent with these specific powers and
duties,
the specific powers and duties shall govern.
L.1994,c.48,s.6; amended
1999, c.46, s.28.
18A:3B-7 "New Jersey Presidents'
Council" established.
There is established
a body corporate and politic, with corporate succession, to be
known as the "New Jersey Presidents' Council." Each president
of a public institution of higher education in the State and of
an independent institution which receives direct State aid shall
be a member of the council and shall serve ex officio. The presidents
of the proprietary schools which have been authorized to offer
licensed degree programs shall also serve as members of the council,
ex officio. The presidents of the two institutions primarily
involved in the preparation of professional persons in the field
of religion which enroll the largest number of pupils in State
licensed degree programs shall also serve as members of the council,
ex officio, to represent the interests of all such schools.
L.1994,
c.48, s.7; amended 1995, c.268, s.1; 2003, c.99, S.1; 2009, c.246,
s.1.
18A:3B-8 Responsibilities
of council.
The council shall have
the responsibility, consistent with State and federal law, to:
a.provide public
information and research on higher education issues;
b.review and
make recommendations to the commission concerning proposals for
new programs that exceed the programmatic mission of an institution
or that change the programmatic mission of an institution;
c.review and
comment on proposals for new programs that demand significant added
resources or raise significant issues of duplication but do not
exceed the programmatic mission of the institution or require a
change in the programmatic mission. If the council determines that
a proposed new program is unduly expensive or unduly duplicative,
the council shall refer that proposal to the commission for review;
however, unless the commission disapproves of that program within
60 days of its referral, the program shall be deemed approved;
d.encourage the
formation of regional or other alliances among institutions including
interinstitutional transfers, program articulation, cooperative
programs and shared resources and develop criteria for "full
faith and credit" transfer agreements between county colleges
and other institutions of higher education. The council shall
also keep institutions apprised of the discontinuance of programs
at other institutions and each president shall notify the council
of any such action;
e.advise and
assist the commission in developing and updating a plan for higher
education in the State including, but not limited to, the establishment
of new institutions, closure of existing institutions and consolidation
of institutions;
f.provide policy
recommendations on Statewide higher education issues;
g.recommend to
the Governor, Legislature and commission on policy and overall
levels of funding for student aid programs necessary to ensure
accessibility to higher education;
h.transmit to
the Governor, Legislature and commission a general budget policy
statement regarding overall State funding levels;
i.upon referral
from the commission pursuant to this act provide recommendations
concerning institutional licensure and university status;
j.appoint subcommittees
consisting of the presidents of the institutions of the various
higher education sectors to decide matters, within the authority
of the council. The presidents of the independent institutions
shall develop a unified request for State support under chapter
72B of Title 18A of the New Jersey Statutes. The presidents of
the county college sector shall develop a unified request for State
support under chapter 64A of Title 18A of the New Jersey Statutes;
and
k.consult with
the Higher Education Student Assistance Authority concerning student
assistance matters.
L.1994,c.48,s.8;
amended 1995, c.268, s.2; 1999, c.46, s.29.
18A:3B-9. Powers
of council
The council shall have perpetual succession and shall have the following
powers:
a. To make, amend, and repeal rules and bylaws for its
own governance and guidance not inconsistent with State or federal law;
b. To adopt an official seal and alter the same at pleasure;
c. To maintain an office at such place or places within
the State as it may designate; and
d. To sue and be sued in its own name and to retain
legal counsel of its choosing.
L.1994,c.48,s.9.
18A:3B-10. Funding necessary expenses of council
For the purposes of funding the necessary expenses of the
council, the various institutions shall pay the expenses incurred by their respective
presidents, and shall appropriate annually such sums for dues as may be assessed
by a two-thirds vote of the council. The dues may be made upon a graduated
scale based upon a two thirds vote of the council.
L.1994,c.48,s.10.
18A:3B-11. Organization of council, selection of officers
a. The council shall organize within 60 days of the effective
date of this act. Thereafter the council shall organize annually during
the month of February and meet at other times as may be necessary, but not less
than twice during the course of the year. Although the council is a purely
advisory body, it shall be subject to the provisions of the "Open Public
Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.);
b. The council may select such officers as may be necessary
for the transaction of business.
L.1994,c.48,s.11.
18A:3B-12 Executive board.
a. There shall be established an executive board which performs
such duties as determined by the council. The executive board
shall be composed of 15 members as follows:
The
president of Rutgers, The State University;
The
president of the University of Medicine and Dentistry of New Jersey;
The
president of New Jersey Institute of Technology;
Three
presidents of State Colleges who shall be selected by the presidents
of this sector;
Five
presidents of county colleges who shall be selected by the presidents
of this sector;
Three
presidents of independent institutions who shall be selected by the
presidents of this sector;
One
president of the proprietary schools which have been authorized to
offer licensed degree programs who shall be selected by the presidents
of these proprietary schools.
b.The chair of
the executive board shall be rotated among the following: one of
the presidents of Rutgers, The State University of New Jersey, the
president of the University of Medicine and Dentistry of New Jersey,
and the president of New Jersey Institute of Technology; a president
selected by the presidents of the State Colleges; a president selected
by the presidents of the county colleges; and a president selected
by the presidents of the independent institutions. The chair
of the executive board shall serve for a two-year period. Biennially,
the executive board shall select the chair in the manner provided
above, but not necessarily in the order provided above.
c.The chair of
the executive board shall also serve as the chair of the council.
L.1994,
c.48, s.12; amended 1999, c.46, s.30; 2003, c.99, s.2; 2009, c.246,
s.2.
18A:3B-13 New Jersey Commission on Higher Education.
a. There is
established the New Jersey Commission on Higher Education which shall
consist of 15 members: 10 public members, to be appointed by the
Governor with the advice and consent of the Senate without regard
for political affiliation; two public members to be appointed by
the Governor, one upon the recommendation of the President of the
Senate and one upon the recommendation of the Speaker of the General
Assembly; the chairperson of the New Jersey Presidents' Council,
ex officio; one faculty member from an institution of higher education
to be appointed by the Governor with the advice and consent of the
Senate; and the chairperson of the Board of Higher Education Student
Assistance Authority, ex officio, or a designee from the public members
of the authority. The public members shall reflect the diversity
of the State. Notwithstanding the above, for a period of four years
from July 1, 1994 the commission shall consist of 16 members, as
follows: 10 public members, appointed by the Governor with the advice
and consent of the Senate without regard for political affiliation,
six of whom shall have experience as a current member of the governing
board of an institution of higher education; four public members
to be appointed by the Governor, two upon the recommendation of the
President of the Senate and two upon the recommendation of the Speaker
of the General Assembly; the chairperson of the New Jersey Presidents'
Council, ex officio; and the chairperson of the Board of the Higher
Education Student Assistance Authority, ex officio, or a designee
from the public members of the authority. The executive director
of the commission shall be an ex officio, non-voting member of the
commission. In addition, the Governor shall appoint two students
in attendance at public or independent institutions of higher education
in the State from recommendations submitted by student government
associations of New Jersey colleges and universities, who shall serve
for a one-year term on the commission as voting members.
b.Public members
who are not experienced as governing board members shall serve for
a term of six years from the date of their appointment and until
their successors are appointed and qualified; except that of the
initial appointees who are not serving on the governing board of
an institution: one shall serve a term of one year; one shall serve
a term of two years; one shall serve a term of three years; one shall
serve a term of four years; two shall serve a term of five years;
and two shall serve a term of six years. A public member who does
not have experience as a current member of a governing board shall
serve until the member's successor is appointed and qualified.
In
the case of the initial terms of the additional members of the board
appointed pursuant to P.L.2009, c.308 (C.18A:3B-46 et al.), one member
shall serve a term of four years, one member shall serve a term of
five years, and two members shall serve a term of six years.
The
faculty member of the commission shall serve for a term of one year
from the date of appointment and the selection of that member shall
be rotated among the following higher education sectors although
not necessarily in the order listed: the senior public research universities,
the State colleges/universities, the county colleges, and the independent
institutions. The faculty member shall serve until his successor
is appointed and qualified.
Any
vacancy shall be filled in the same manner as the original appointment
but only for the balance of the unexpired term. The commission members
shall serve without compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. No commission
member shall be appointed for more than two consecutive six-year
terms.
c.The Governor
shall make the necessary appointments within 15 days of the effective
date of this act. The commission shall hold its first meeting within
30 days of the appointment and qualification in office of its members,
at which time the Governor shall appoint, for a two-year term, the
chairman of the commission from among those public members not serving
on the board of trustees of an institution. Upon the completion of
the chairman's term, and every two years thereafter, the commission
shall elect, from among those public members who are not serving
on the board of trustees of an institution, a chairman who shall
serve a two-year term. The chairman may be removed by the Governor
for cause after an opportunity to be heard.
d.The commission
shall be established in the Executive Branch of the State Government
and for the purposes of complying with the provisions of Article
V, Section IV, paragraph 1 of the New Jersey Constitution, the commission
is allocated in but not of the Department of State, but notwithstanding
this allocation, the commission shall be independent of any supervision
or control by the department or by any board or officer thereof.
The commission shall submit its budget request directly to the Division
of Budget and Accounting in the Department of the Treasury.
e.The Secretary
of Higher Education shall serve as executive director of the commission.
The commission shall appoint such personnel as may be deemed necessary.
The professional staff shall serve at the commission's pleasure and
shall receive such compensation as provided by law.
f.The Attorney
General shall provide legal representation to the commission.
L.1994,
c.48, s.13; amended 1999, c.46, s.31; 1999, c.316; 2009, c.308, s.23.
18A:3B-14 Responsibilities of commission.
The commission
shall be responsible for:
a.Statewide planning
for higher education including research on higher education issues
and the development of a comprehensive master plan, including, but
not limited to, the establishment of new institutions, closure of
existing institutions, and consolidation of institutions, which plan
shall be long-range in nature and regularly revised and updated.
The council may request the commission to conduct a study of a particular
issue. The commission may require from institutions of higher education
such reports or other information as may be necessary to enable the
commission to perform its duties;
b.advocacy on
behalf of higher education including informing the public of the
needs and accomplishments of higher education in New Jersey;
c.making recommendations
to the Governor and Legislature on higher education initiatives and
incentive programs of Statewide significance;
d.final administrative
decisions over institutional licensure and university status giving
due consideration to the accreditation status of the institution.
The commission shall furnish the Presidents' Council with any pertinent
information compiled on behalf of the subject institution and the
council shall then make recommendations to the commission concerning
the licensure of the institution or university status within sixty
days of receipt of the information;
e.adopting a
code of ethics applicable to institutions of higher education;
f.final administrative
decisions over new academic programs that go beyond the programmatic
mission of the institution and final administrative decisions over
a change in the programmatic mission of an institution. In addition,
within 60 days of referral of a proposed new program determined to
be unduly expensive or duplicative by the council, the commission
may deny approval of programs which do not exceed the programmatic
mission of the institution, but which are determined by the New Jersey
Presidents' Council to be unduly duplicative or expensive;
g.reviewing requests
for State support from the institutions in relation to the mission
of the institution and Statewide goals and proposing a coordinated
budget policy statement to the Governor and Legislature;
h.communicating
with the State Board of Education and Commissioner of Education to
advance public education at all levels including articulation between
the public schools and higher education community;
i.applying for
and accepting grants from the federal government, or any agency thereof,
or grants, gifts or other contributions from any foundation, corporation,
association or individual, and complying with the terms, conditions
and limitations thereof, for the purpose of advancing higher education.
Any money so received may be expended by the commission upon warrant
of the director of the Office of Management and Budget in the Department
of the Treasury on vouchers certified by the executive director of
the commission;
j.acting as the
lead agency of communication with the federal government concerning
higher education issues, except that the Higher Education Student
Assistance Authority shall act, in cooperation with the commission,
as the lead agency on issues of student assistance;
k.exercising
all of the powers and duties previously exercised by the Board of
Higher Education, the Department of Higher Education, and the Chancellor
of Higher Education, under the "New Jersey Higher Education
Building Construction Bond Act of 1971," P.L.1971, c.164, the "New
Jersey Medical Education Facilities Bond Act of 1977," P.L.1977,
c.235, the "Jobs, Science and Technology Bond Act of 1984," P.L.1984,
c.99 and the "Jobs, Education and Competitiveness Bond Act of
1988," P.L.1988, c.78, the "Higher Education Equipment
Leasing Fund Act," P.L.1993, c.136, and the "Higher Education
Facilities Trust Fund Act," P.L.1993, c.375;
l.exercising
any other power or responsibility necessary in order to carry out
the provisions of this act;
m.consulting
with the Higher Education Student Assistance Authority on student
assistance matters;
n.advising and
making recommendations for consideration to the Governor and the
governing board of a public research university or a State college
for members of that governing board appointed by the Governor; and
o.examining and
recommending to institutions of higher education opportunities for
joint purchasing and other joint arrangements that would be advantageous
to the institutions.
L.1994,
c.48, s.14; amended 1999, c.46, s.32; 2009, c.308, s.24.
18A:3B-15. Rules, regulations
The commission shall adopt
rules and regulations, pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry
out the provisions of this act. Regulations adopted by the State
Board of Higher Education pertaining to:
a. licensing of institutions and university status;
b. outside employment for employees of public institutions
and State agencies and Code of Ethics;
c. residency requirements for tuition purposes;
d. personnel policies which affect the terms and conditions
of employment including classification and compensation plans adopted pursuant
thereto;
e. tenure and multi-year contracts;
f. rights and procedures in a reduction in force;
g. student trustee policies; and
h. regulations concerning early retirement programs
and length of the academic year shall continue with full force and effect under
the authority of the commission for a period of one year from the effective date
of this act or until amended, continued or repealed by the commission pursuant
to law.
L.1994,c.48,s.15.
18A:3B-16. Report
to Legislature, Governor
a. The commission shall report to the Legislature and
Governor within six months of the effective date of this act on recommendations
concerning the collective bargaining process and the civil service classification
of certain institutional employees.
b. The commission shall make recommendations to the
Legislature and Governor regarding the following within one year of the effective
date of this act:
(1) articulation between higher education and elementary and
secondary education;
(2) the manner in which the administration of student assistance
programs may be modernized and made more efficient including the privatization
of student loan administration and the merger of the Student Assistance Board
and the New Jersey Higher Education Assistance Authority;
(3) the manner in which higher education is funded including
mission-based funding, multi-year funding and tuition establishment.
c. The commission may request assistance from any agency
of State government or may seek assistance from outside consultants, foundations
or other organizations in order to conduct any study that may be required under
this section subject to available appropriations.
L.1994,c.48,s.16.
18A:3B-19. Educational
Opportunity Fund transferred
a. All functions, powers and duties now vested in the
Educational Opportunity Fund or the board of directors thereof in the Department
of Higher Education are transferred to and assumed by the Educational Opportunity
Fund and the board of directors thereof under the Commission on Higher Education
in but not of the Department of State.
b. Whenever, in any law, rule, regulation, order, contract,
document, judicial or administrative proceeding or otherwise, reference is made
to the Educational Opportunity Fund or the board of directors thereof in the
Department of Higher Education, the same shall mean and refer to the Educational
Opportunity Fund or the board of directors thereof in the Commission on Higher
Education in but not of the Department of State.
c. Nothing in this act shall be construed to limit the
authority of the Educational Opportunity Fund, or the board of directors thereof,
or to alter the terms and conditions of grants made to students by the fund.
d. This transfer shall be subject to the provisions
of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et
seq.).
e. The present members of the board of directors, other
than the Chancellor of Higher Education, shall hold their office for the duration
of their respective terms.
L.1994,c.48,s.19.
18A:3B-21. Educational
Facilities Authority transferred.
a. All functions, powers and duties now vested in the
Educational Facilities Authority or the officers thereof in the Department of
Higher Education are transferred to and assumed by the Educational Facilities
Authority and the officers thereof in but not of the Department of the Treasury.
b. Whenever, in any law, rule, regulation, order, contract,
document, judicial or administrative proceeding or otherwise, reference is made
to the Educational Facilities Authority or the board of directors thereof in
the Department of Higher Education, the same shall mean and refer to the Educational
Facilities Authority or the board of directors thereof in but not of the Department
of the Treasury.
c. Nothing in this act shall be construed to limit the
power of the Educational Facilities Authority or to alter the terms and conditions
of loans made by the authority. Nothing in this act shall be construed
to alter the terms, conditions, rights or remedies of any obligation issued by
the authority.
d. This transfer shall be subject to the provisions
of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et
seq.).
e. The Department of the Treasury shall render administrative
assistance, including but not limited to personnel and fiscal assistance, to
the authority upon the request of the authority. The cost and expense of
any services rendered shall be paid by the authority.
f. The present members of the authority shall hold their
office for the duration of their respective terms.
L.1994,c.48,s.21.
18A:3B-22. State
Board of Higher Education project approval transferred
The functions, powers and duties of the State Board of Higher
Education, including the approval of projects, under the "Jobs, Education
and Competitiveness Bond Act of 1988," P.L.1988, c.78 shall, following
July 1, 1994, be exercised by the New Jersey Commission on Higher Education.
Any final action taken by the State Board of Higher Education prior
to July 1, 1994 including the approval of any project under this bond act shall
be unaffected by the provisions of P.L.1994, c.48 (C.18A:3B-1 et al.) and such
final action is hereby ratified and confirmed.
L.1994,c.48,s.22.
18A:3B-23. State
Board of Higher Education equipment purchase, allocation of funds
transferred
The functions, powers and duties of the State Board of Higher
Education, including the approval of the equipment purchase and allocation of
funds, under the "Higher Education Equipment Leasing Fund Act," P.L.1993,
c.136 (C.18A:72A-40 et seq.) shall, following July 1, 1994, be exercised by
the New Jersey Commission on Higher Education.
Any final action taken by the State Board of Higher Education prior
to July 1, 1994, including the approval of an equipment purchase or allocation
of funds, under this bond act shall be unaffected by the provisions of P.L.1994,
c.48 (C.18A:3B-1 et al.) and such final action is hereby ratified and confirmed.
L.1994,c.48,s.23.
18A:3B-24 Equipment purchase, allocation of funds under C.18A:72A-49
et seq. transferred
The functions, powers
and duties of the State Board of Higher Education, including the
approval of the equipment purchase and allocation of funds, under
the "Higher Education Facilities Trust Fund Act," P.L.1993,
c.375 (C.18A:72A-49 et seq.) shall, following July 1, 1994, be
exercised by the New Jersey Commission on Higher Education.
Any final action taken by the State Board of Higher Education prior
to July 1, 1994, including the approval of grants or allocation of funds, under
this bond act shall be unaffected by the provisions of P.L.1994, c.48 (C.18A:3B-1
et al.) and is hereby ratified and confirmed. The membership of the "Higher
Education Facilities Trust Fund Board" shall include the chair and vice-chair
of the New Jersey Commission on Higher Education in the place of the members
of the State Board of Higher Education and the Chancellor of Higher Education.
L.1994,c.48,s.24.
18A:3B-25. Functions,
powers, duties under P.L.1984, c.99 transferred
The functions, powers and duties of the State Board of Higher
Education under the "Jobs, Science and Technology Bond Act," P.L.1984,
c.99 shall, following July 1, 1994, be exercised by the New Jersey Commission
on Higher Education.
Any final action taken by the State Board of Higher Education prior
to July 1, 1994 under this bond act shall be unaffected by the provisions of
P.L.1994, c.48 (C.18A:3B-1 et al.) and is hereby ratified and confirmed.
Regulations of the State Board of Higher Education concerning this
bond act shall be continued under authority of the commission until amended
or repealed by the commission.
L.1994,c.48,s.25.
18A:3B-26. Construction
of act in regard to Rutgers, The State University
This act shall not be construed to impair any vested rights,
grants, charter rights, privileges, exemptions, immunities, powers, prerogatives,
franchises or advantages continued, granted or obtained by Rutgers, The State
University under the "Rutgers, The State University Law," N.J.S.18A:65-1
et seq., nor shall this act be construed to impose additional powers, duties
or responsibilities upon Rutgers, The State University not contained within
N.J.S.18A:65-1 et seq.
L.1994,c.48,s.26.
18A:3B-27. Allocation of institutions to Department
of State
For the purposes of complying with the provisions of Article
V, Section IV, Paragraph 1 of the New Jersey Constitution, any State institution
of higher education which was allocated to the Department of Higher Education
or other department of State government shall be allocated to the Department
of State upon the effective date of this act. Notwithstanding this allocation,
any such institution shall be independent of any supervision or control of
the Department of State or any board, commission or officer thereof and the
allocation
shall not in any way affect the principles of institutional autonomy established
in this act.
L.1994,c.48,s.27.
18A:3B-28. Construction
of act
This act is a revision law and the provisions hereof not inconsistent
with prior laws shall be construed as a continuation of such prior laws and
its enactment shall not:
a. affect the tenure, compensation and pension rights,
if any, of the lawful holder thereof, in any position not specifically abolished
herein, upon the effective date of this act;
b. alter the term of any member of any board, commission
or public body, not specifically abolished herein, lawfully in office as of
the effective date of this act, or require the reappointment thereof;
c. require the resubmission to the voters of any proposal
adopted by such voters prior to the effective date of this act.
L.1994,c.48,s.28.
18A:3B-29. Disposition
of petitions, controversies, disputes
All petitions, controversies and disputes pending before the
State Board of Higher Education or the Chancellor of Higher Education and not
disposed of as of the effective date of this act shall be decided by the commission
under the law under which the action arose as though this act had not been enacted. The
commission shall have all necessary powers to render a final administrative decision
in accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.) in regard to these controversies and disputes. This
section shall not be construed to grant to the commission general authority
to render final administrative decisions on matters arising under the laws
governing
higher education except as otherwise specifically provided herein.
L.1994,c.48,s.29.
18A:3B-30. Responsibility for action to
implement act
The Department of the Treasury in consultation with the Department of
Personnel shall be responsible for any administrative, fiscal and personnel
actions necessary to implement the provisions of this act.
L.1994,c.48,s.30.
18A:3B-31. Interim,
comprehensive reports to Governor, Legislature
a. The council and commission established under this act shall submit
an interim report to the Governor and Legislature on or before July 1, 1996
with an assessment of the restructuring of higher education embodied in this
act and
recommendations concerning the modification of this structure.
b. On or before July 1, 1999, the council
and the commission shall submit a comprehensive report to the
Governor and the Legislature, including, for each public institution
of
higher education: a profile of the student body including graduation
rates, SAT or other test scores, the percentage of New Jersey
residents in the student body, the number of scholarship students
and the
number of Education Opportunity Fund students in attendance;
a profile of the faculty including the ratio of full to part-time
faculty members, and major research and public service activities;
a profile of the trustees or governors as applicable; and, a
profile
of each institution, including degree and certificate programs,
status of accreditation, major capital projects and any other
information which the commission and the council deem appropriate.
The report
shall include an assessment of the restructuring of higher education
and may include recommendations as to the modification or alteration
of this structure.
L.1994,c.48,s.31.
18A:3B-32. Exercise
of powers conferred in act
The powers conferred in this act
upon the commission shall be exercised with due regard for the
rights
of the holders of bonds of this State or any authority thereof,
at any time outstanding, and nothing in, or done pursuant to
this act, shall in any way limit, restrict, or alter the obligation
or powers of the State or its authorities to carry out and perform
in every detail each and every covenant, agreement or contract
at any time made or entered into by, or on behalf of the State
or any authority thereof with respect to its bonds or for the
benefit,
protection or security of the holders thereof.
L.1994,c.48,s.32.
18A:3B-33. Participation in alternate benefits
program continued
Notwithstanding the provisions of any
law to the contrary, any former employee of the Department
of Higher
Education who was a participant in the alternate benefits program,
P.L.1969, c.242 (C.18A:66-168 et seq.), and who has continued
in uninterrupted service with the State may continue to participate
in the alternate benefits program on the same terms as other
eligible
employees.
L.1994,c.48,s.33.
18A:3B-34 Powers of Secretary
of Higher Education.
a. The 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.
b.The secretary,
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, and may cause the
examination to be reduced to writing. Any person willfully giving
false testimony upon being sworn or affirmed to tell the truth
shall be guilty of a misdemeanor.
c.The secretary,
with the concurrence of the Governor, may issue subpoenas pursuant
to this section compelling the attendance of witnesses and the
production of books and papers in any part of the State. Any person
who shall neglect or refuse to obey the command of the subpoena
or who, after appearing, shall refuse to be sworn and testify,
unless such refusal is on grounds recognized by law, shall in either
event be subject to a penalty of $1,000.00 for each offense to
be recovered in a civil action. Such penalty when recovered shall
be paid into the State Treasury.
L.1994,
c.48, s.301; amended 2009, c.308, s.25.
18A:3B-35 Annual report by
institution of higher education.
Each public institution
of higher education shall prepare and make available to the public
an annual report on the condition of the institution which shall
include, but need not be limited to a profile of the student body
including graduation rates, SAT or other test scores, the percentage
of New Jersey residents in the student body, the number of scholarship
students and the number of Educational Opportunity Fund students
in attendance; a profile of the faculty including the ratio of
full to part-time faculty members, and major research and public
service activities; a profile of the trustees or governors as applicable;
and, a profile of the institution, including degree and certificate
programs, status of accreditation, major capital projects, any
new collaborative undertakings or partnerships, any new programs
or initiatives designed to respond to specific State needs, an
accounting of demonstrable efficiency and quality improvements,
and any other information which the commission and the institution
deem appropriate. The form and general content of the report shall
be established by the Commission on Higher Education.
L.1994,
c.48, s.305; amended 2009, c.308, s.26.
18A:3B-36. Specific enabling legislation
required for reorganization transfer
For the purposes of any reorganization or transfer after the effective
date of this act, any commission, council, board or other body created pursuant
to this act, and any public entity transferred or otherwise reorganized herein
shall not be subject to the provisions of the "Executive Reorganization
Act of 1969," P.L.1969, c.203 (C.52:14C-1 et seq.), but shall require
specific enabling legislation.
L.1994,c.48,s.306.
18A:3B-37 Alternate
opportunity to take test, examination for student due to religious
observance.
An institution of higher
education shall provide any student who, for reason of a religious
observance, cannot attend a test or examination at its regular
administration with an alternative opportunity to take an equivalent
test or examination. The alternative opportunity shall be
offered as soon after or before the regular administration of the
test as is possible, and at comparable times, places, and costs. The
institution may request that the student provide a written explanation
of the religious conflict signed by a clergyman of the student's
place of worship.
L.2008,
c.10, s.1.
18A:3B-38 "Standardized
test" defined; alternate administration of tests offered.
a. As used in this section:
"Standardized
test" means any test that is given in the State at the expense
of the test subject and designed for use and used in the process
of selection for postsecondary or professional school admissions. The
tests shall include, but are not limited to, the Preliminary
Scholastic Aptitude Test, Scholastic Aptitude Test, ACT Assessment,
Graduate
Record Examination, Medical College Admission Test, Law School
Admission Test, Dental Admission Test, Graduate Management Admission
Test, Miller Analogies Test, and the Test of Standard Written
English.
b. When
regular administrations of standardized tests are given on days
of religious observance which prevent attendance by test subjects
at the regular administrations, alternative administrations shall
be offered with the same frequency as regular administrations as
soon after or before as is possible, at comparable times, places,
and costs. The test agency may request that the test subject
provide a written explanation of the religious conflict signed
by a clergyman of the test subject's place of worship.
L.2008,
c.10, s.2.
18A:3B-39 Long-range facilities plan.
a. A public research
university or a State college shall submit a long-range facilities
plan on projects to be developed to the New Jersey Commission
on Higher Education for its review and recommendations. The
long-range facilities plan shall contain details of any public-private
partnerships contemplated or entered into by the public research
university or State college pursuant to section 43 of P.L.2009,
c.90 (C.18A:64-85), which shall include details on the sources
of dedicated funds that will be used for repayment of loans. The
long-range facilities plan shall adhere to the green building manual
prepared by the Commissioner of Community Affairs pursuant to section
1 of P.L.2007, c.132 (C.52:27D-130.6) when practicable. The
long-range facilities plan shall be amended at least once every
five years. The plan shall detail the facilities needs
of the institution and the institution's plans to address those
needs
for the ensuing five years.
b.In developing
its response to the plan, the commission shall consider the overall
facilities needs of the institution, long-term fiscal implications
of the plan including the debt burden of the institution, the
relation of the facilities plan to the academic and student service
programs
of the institution, and the extent and cost of any deferred maintenance
of the institution. The commission shall issue its response
to the plan within one full semester of its receipt.
c.An amendment
to a long-range facilities plan may be submitted at any time to
the commission for its review and recommendations.
L.2009,
c.90, s.42.
18A:3B-40 Network
to propose, develop economic development policies, programs.
The New Jersey Commission
on Higher Education shall appoint and convene a network of academics
and researchers from New Jersey's public and independent institutions
of higher education to propose and develop economic development
policies and programs for the higher education community.
L.2009,
c.90, s.46.
18A:3B-41 Short title.
This act shall
be known and may be cited as the "Troops to College Act."
L.2009,
c.125, s.1.
18A:3B-42 Establishment of Troops to College Program.
a. The New Jersey Commission
on Higher Education, in consultation with the Department of Military
and Veterans' Affairs, shall establish the Troops to College
Program. The
purpose of the program shall be to assist New Jersey's public institutions
of higher education in coordinating the provision of a comprehensive
array of services to assist veterans in making the transition into
the college classroom. The services may include, but need
not be limited to, assistance in applying for State and federal
student financial aid, counseling resources, a campus veterans'
assistance officer to provide a single point of contact for information
on the institution's benefits and programs for veterans, and
an online resource to consolidate pertinent information specifically
for veterans attending that institution.
b.The commission
in implementing the Troops to College Program shall include on
its Internet site information to assist veterans in accessing
the higher education opportunities that exist in the State. The
information shall include, but need not be limited to:
(1)contact information
for the campus veterans' assistance officer at each of the public
institutions of higher education; and
(2)information
on the array of programs and services available to veterans at
each of the public institutions of higher education.
L.2009,
c.125, s.2.
18A:3B-43 Short title.
This act shall be known
and may be cited as the "New Jersey College Student and
Parent Consumer Information Act."
L.2009,
c.197, s.1.
18A:3B-44 Information
provided by certain colleges, universities.
a. A four-year public
institution of higher education shall provide for public inspection
on its website comprehensive information on the cost of attendance,
the graduation rates of admitted students, and the faculty of
the institution. The purpose of the information shall be to maximize
the awareness of students and their families of the costs associated
with enrollment in the institution, the institution's success in
ensuring the graduation of its students, and the composition of
the teaching faculty that a student will encounter in his coursework. The
institution shall post, and annually update, a student consumer
information report on its website that includes:
(1)overall four-year
and six-year graduation rates;
(2)four-year and
six-year graduation rates by demographic group;
(3)four-year and
six-year graduation rates by major;
(4)four-year and
six-year graduation rates for student-athletes;
(5)the student
transfer rate;
(6)an overview
of the institutions to which former students of that college or
university have transferred prior to the completion of a degree;
(7)the cost for
the current academic year of attending the institution including
tuition, student fees, room and board, and books and materials;
(8)a description
of the types of financial assistance offered directly by the institution
to both student-athletes and to students who do not participate
in athletic programs at the institution;
(9)the percent
of student-athletes who receive financial assistance directly from
the institution and the average value of the assistance and the
percent of students who do not participate in athletic programs
at the institution who receive financial assistance directly from
the institution and the average value of the assistance;
(10)
the total projected cost for an incoming freshman to live on campus
and complete a degree in four years and the total projected cost
for an incoming freshman to commute to school and complete a degree
in four years;
(11)
the total projected cost for an incoming freshman to live on campus
and complete a degree in six years and the total projected cost
for an incoming freshman to commute to school and complete a degree
in six years;
(12)
average student loan indebtedness of four-year graduates for both
students who live on campus and students who commute;
(13)
average student loan indebtedness of six-year graduates for both
students who live on campus and students who commute;
(14)
average student loan indebtedness of a student who withdraws from
the institution prior to the completion of a degree program for
both students who live on campus and students who commute;
(15)
an overview of the institution's faculty, including the percentage
of faculty employed as a tenured professor, the percentage of faculty
employed as a full-time non-tenured professor, and the percentage
of faculty employed as an adjunct or visiting professor;
(16)
the percentage of courses taught by each of the different categories
of faculty; and
(17)
an indicator of each academic department's capacity to serve the
students majoring within that department's programs, as determined
by the Commission on Higher Education.
The
institution shall provide with all paper applications for admission
to the institution a hard copy of the information prepared pursuant
to this section.
b.A four-year
public institution of higher education shall conform to the guidelines,
criteria, and format prescribed by the Commission on Higher Education
in reporting the information required pursuant to this section.
c.A four-year
public institution of higher education shall submit its student
consumer information report to the Commission on Higher Education
for inclusion in a comparative profile of the student consumer
information reports of all four-year public institutions of higher
education.
d.A four-year
public institution of higher education shall ensure that the
page of its Internet site which includes its student consumer
information
report contains a link to the page of the Commission on Higher
Education's Internet site that includes the comparative profile
required pursuant to subsection b. of section 3 of this act.
e.A four-year
public institution of higher education shall ensure that the Internet
site for submitting an online application to the institution contains
a link to the institution's student consumer information report.
f.A four-year
public institution of higher education shall require the parent
or guardian of a student applying for admission into the institution,
or the student if he is an independent adult, to sign and submit
a statement acknowledging that he has reviewed the institution's
student consumer information report.
L.2009,
c.197, s.2.
18A:3B-45 Guidelines, criteria for collection, calculation
of information.
a. The Commission on
Higher Education shall issue guidelines and criteria for collecting
and calculating the information required pursuant to section
2 of this act and shall prescribe a uniform reporting method
for
posting the information.
b.The Commission
on Higher Education shall annually compile the student consumer
information reports submitted pursuant to subsection c. of section
2 of this act into a comparative profile of all four-year public
institutions of higher education. The commission shall
present the information on its website in a manner that allows
college
students and their families to easily compare student consumer
information across institutions.
L.2009,
c.197, s.3.
18A:3B-46 Definitions relative
to structure and fiscal management of higher education.
As used in this act:
"Commission" means
the New Jersey Commission on Higher Education established pursuant
to section 13 of P.L.1994, c.48 (C.18A:3B-13);
"Public
research university" means Rutgers, The State University
of New Jersey, the University of Medicine and Dentistry of New
Jersey,
and the New Jersey Institute of Technology;
"State
college" means the State colleges or universities established
pursuant to chapter 64 of Title 18A of the New Jersey Statutes.
L.2009,
c.308, s.1.
18A:3B-47 Secretary of Higher
Education.
The Governor shall appoint,
with the advice and consent of the Senate, a Secretary of Higher
Education who shall serve at the pleasure of the Governor during
the Governor's term of office and until a successor is appointed
and qualified. The appointment shall be made after consultation
with and recommendations from the New Jersey Commission on Higher
Education and the New Jersey Presidents' Council except that the
person holding the office of executive director of the commission
on the effective date of this act shall be the initial Secretary
of Higher Education. The secretary shall hold cabinet-level rank
and shall serve as executive director of the commission.
L.2009,
c.308, s.2.
18A:3B-48 Audit committee.
a. The governing board
of a public research university or a State college shall establish
an audit committee. The chairman of the committee shall have accounting
or related financial management expertise and the governing board
shall make efforts to ensure that a majority of the members of
the committee have such expertise.
b.The audit committee
shall have a written charter that addresses the committee's purpose
and responsibilities which shall include, but not be limited to:
(1)assisting the
board in ensuring and safeguarding the integrity of the institution's
financial statements;
(2)assisting the
board in overseeing and evaluating the performance of outside auditors
retained by the institution;
(3)assisting the
board in overseeing and evaluating the performance of the institution's
internal audit function;
(4)ensuring that
allegations of misconduct or conflict of interest are evaluated
and investigated; and
(5)ensuring the
institution's compliance with all relevant legal and regulatory
requirements.
c.The audit committee
shall prepare an annual audit committee report for submission to
the institution's governing board.
d.The committee
shall keep minutes of its meetings.
L.2009,
c.308, s.3.
18A:3B-49 Internal auditor.
The governing board
of a public research university or a State college shall approve
the appointment of an internal auditor, who shall have a direct
reporting relationship to the board, the president, and the chief
financial officer. The internal auditor shall periodically test
and report on the institution's internal controls to the audit
committee, the institution's president, chief financial officer,
and other senior members of the institution's administrative staff.
L.2009,
c.308, s.4.
18A:3B-50 Independent outside
auditor.
a. The governing board
of a public research university or a State college shall retain
an independent outside auditor who is a certified public accountant
to conduct an annual audit of the institution's financial accounts
in accordance with nationally recognized auditing and accounting
standards adopted by the commission. The independent auditor shall
be selected by a majority vote of the members of the board present
upon the recommendation of the audit committee.
The
governing board of the institution shall not retain an independent
auditor that employed the president, chief financial officer, controller,
chief accounting officer, or any person holding an equivalent position
at the institution during the one-year period preceding the audit
or that fails to meet any other limitations or restrictions established
by the commission. The governing board shall ensure the independence
of the auditor.
b.The independent
outside auditor shall report his findings to the audit committee.
The audit committee shall review the problems identified through
the audit with the institution's president, chief financial officer,
and other senior members of the institution's administrative staff
who shall evaluate the independent auditor's findings and file
comments in response to those findings with the audit committee.
c.The audit committee
shall report the findings of the independent auditor and the evaluation
of those findings by the institution's senior staff to the governing
board of the institution. The audit committee shall recommend actions
it deems necessary to rectify any identified deficiencies in internal
controls.
L.2009,
c.308, s.5.
18A:3B-51 Submission of audit to commission.
a. The president and
chief financial officer of a public research university or a State
college shall submit the annual audit to the commission and shall
certify that they have reviewed the financial statements and that,
based on their knowledge, the financial statements do not contain
any untrue statement of a material fact or omission of a material
fact that makes the statements misleading and that, based on their
knowledge, the financial statements present in all material respects
the financial condition and results of operations of the institution.
b.A public research
university or a State college shall retain institutional financial
statements for a minimum period of time in accordance with accounting
principles of the Governmental Accounting Standards Board.
L.2009,
c.308, s.6.
18A:3B-52 Policies, procedures
for reports of wrongdoing, confidentiality.
In accordance with standards
established by the Attorney General, the governing board of a
public research university or State college shall establish written
policies
and procedures that provide confidentiality in the reporting
of alleged wrongdoing at the institution and protect employees
from
retaliatory action in accordance with the provisions of the "Conscientious
Employee Protection Act," P.L.1986, c.105 (C.34:19-1 et
seq.).
L.2009,
c.308, s.7.
18A:3B-53 Recommendations
for penalties for noncompliance.
The commission shall
submit to the Governor, and to the Legislature pursuant to section
2 of P.L.1991, c.164 (C.52:14-19.1), recommendations for the establishment
of penalties for noncompliance with the provisions of sections
4 through 7 of this act, unless such penalties are otherwise established
by law, including, but not limited to, fines and disciplinary action
to be imposed upon a public research university or a State college
or a member of the governing board or an employee of the institution.
L.2009,
c.308, s.8.
18A:3B-54 Additional authority of commission.
a. In addition to the
authority granted to the Commission on Higher Education pursuant
to section 14 of P.L.1994, c.48 (C.18A:3B-14), the commission shall
develop and enforce a code of standards to define and regulate
the types of activities in which a governmental affairs agent is
permitted to engage on behalf of a public research university or
a State college.
b.Under the code
of standards established pursuant to subsection a. of this section,
a governmental affairs agent, whether employed directly or retained
under contract by the institution, shall be prohibited from using
the position as an agent of the institution to:
(1)solicit political
campaign contributions from the institution directly or through
personnel on behalf of the institution;
(2)engage in or
recommend on behalf of the institution any involvement in the partisan
activities of specific political parties or candidates; or
(3)support or
promote directly or indirectly on behalf of the institution any
specific political party or individual for election or re-election.
Under
the code of standards, the commission shall not prohibit a governmental
affairs agent from engaging on behalf of a public research university
or a State college concerning legitimate nonpartisan and bipartisan
activities that are vital to the election process including, but
not limited to, the scheduling and holding of on-campus political
debates, voter-registration drives, and similar nonpartisan and
bipartisan events and activities.
L.2009,
c.308, s.9.
18A:3B-55 Notice of representation
filed by governmental affairs agent, reports.
a. Notwithstanding any
law, rule or regulation to the contrary, a governmental affairs
agent who is retained by a governing board of a public research
university or a State college shall file a notice of representation
pursuant to section 4 of P.L.1971, c.183 (C.52:13C-21), quarterly
reports specific to that representation pursuant to section 5 of
P.L.1971, c.183 (C.52:13C-22), and annual reports specific to that
representation pursuant to section 2 of P.L.1981, c.150 (C.52:13C-22.1).
This requirement shall not be deemed to require filings by any
person performing services as an employee of the public research
university or State college.
b.The Election
Law Enforcement Commission shall transmit to the Legislature, pursuant
to section 2 of P.L.1991, c.164 (C.52:14-19.1), a copy of an annual
report filed by a governmental affairs agent pursuant to subsection
a. of this section within 30 days following the filing of the report.
L.2009,
c.308, s.10.
18A:3B-56 Approval of contract.
Any proposed contract
to retain the services of a governmental affairs agent shall be
considered by the governing board of a public research university
or a State college at a public meeting and approval of the contract
shall require the adoption of a resolution by a majority of the
board members present at the meeting.
L.2009,
c.308, s.11.
18A:3B-57 Policies concerning professional services contracts.
a. The governing board
of a public research university or a State college shall establish
policies concerning professional services contracts which, at a
minimum, shall include procedures for the review of proposed professional
services contracts to verify the need for the proposed services,
determine whether conflicts of interest exist between the vendor
and the institution, ensure appropriate procurement procedures
are utilized, determine whether the proposed compensation is reasonable,
and monitor the services delivered by the vendor.
b.The institution
shall prepare an annual report on professional services contracts
for submission to the institution's governing board.
L.2009,
c.308, s.12.
18A:3B-58 Executive committee.
The governing board
of a public research university or a State college shall establish
an executive committee composed of the chairman of the governing
board, the vice-chairman, and the chairmen of any committees established
by the board, and such other voting members as may be appointed
by the board. The executive committee shall have a written charter
that defines the committee's purpose, responsibilities, and its
authority to act on behalf of the governing board between meetings
of the full board.
The
committee shall keep minutes of its meetings.
L.2009,
c.308, s.13.
18A:3B-59 Compensation committee.
a. The governing board
of a public research university or a State college shall establish
a compensation committee. The compensation committee shall have
a written charter that addresses the committee's purpose and responsibilities
which shall include, but not be limited to:
(1)establishing
and evaluating the compensation for the president, vice-presidents,
and other senior administrators of the institution; and
(2)making recommendations
to the board on issues relating to the compensation of the president,
vice-presidents, and other senior administrators including the
amounts, types, and components of compensation plans, and the performance
measures and targets upon which institutional administrators shall
be evaluated for purposes of calculating incentive awards.
b.The recommendations
of the compensation committee shall be voted upon by the committee.
The committee shall keep minutes of its meetings.
L.2009,
c.308, s.14.
18A:3B-60 Nominations and governance committee.
a. The governing board
of a public research university or a State college shall establish
a nominations and governance committee. The nominations and governance
committee shall have a written charter that defines the committee's
purpose and responsibilities which shall include, but need not
be limited to:
(1)overseeing
matters directly affecting the governance of the institution;
(2)periodically
reviewing and updating board by-laws;
(3)identifying
and screening candidates for membership on the governing board;
and
(4)referring candidates
to the governing board for the consideration of the board in making
its recommendations to the Governor on potential new members.
b.In identifying
candidates for appointment to the governing board, the committee
shall seek individuals with skills that are appropriate to the
mission of the institution and which complement the range of expertise
contributed to the governing board by its existing members. The
committee shall seek candidates of diverse background and experience,
as well as those with ties to the institution.
The
recommendations of the nominations and governance committee shall
be voted upon by the committee. The committee shall keep minutes
of its meetings.
c.The governing
board of a public research university or a State college shall
establish criteria for the identification, qualification, and recommendation
of prospective candidates for appointment to the board. The criteria
shall include qualification criteria that are consistent with the
statutory responsibilities of the board and tailored to the institution.
L.2009,
c.308, s.15.
18A:3B-61 Fundraising and
development strategies.
The governing board
of a public research university or a State college shall develop
and implement fundraising and development strategies that encourage
the active involvement of all board members and that, as may be
appropriate, assist fundraising by institutional foundations.
L.2009,
c.308, s.16.
18A:3B-62 Provision of information,
orientation, training.
A public research university
and State college shall provide information, orientation, and training
to each of its governing board members on the legal and ethical
responsibilities of a member of the governing board.
L.2009,
c.308, s.17.
18A:3B-63 Procedure for change in programmatic mission.
a. When a public
research university or a State college determines to seek a change
to its programmatic mission, the university or college shall submit
to the commission:
(1)a notice of
the intent to seek a change to the institution's programmatic mission;
and
(2)a petition
for approval for a change in the programmatic mission of the institution,
when such petition is ready for submission. The petition shall
include information on the long-term costs of the change in programmatic
mission and a cost-benefit analysis of the expected impact of the
change that considers the expected needs of the State and the potential
impact of the change on other academic programs of the institution.
b.The commission
shall issue its response to the petition within one year of its
receipt.
L.2009,
c.308, s.18.
18A:3B-64 Meeting convened by commission.
The commission
shall convene a meeting, at least once a year, of representatives
of all public and independent institutions of higher education
to discuss issues related to the development and implementation
of new degree programs.
L.2009,
c.308, s.19.
18A:3B-65 Plan for branch campus.
a. When the
governing board of a public research university or a State college,
after study and investigation, determines that it is advisable
for the institution to establish a branch campus out-of-State or
out-of-country that will serve at least 500 students of the institution,
the board shall submit the plan for the branch campus to the commission
for its review and recommendations. The plan shall include: a description
of the higher educational needs of the country or region in which
the branch campus shall be located; a description of the proposed
branch campus and its proposed programs and curriculum; and an
estimate of the cost of establishing and maintaining the branch
campus including the cost of any planned acquisition or construction
of facilities; and any other information or data deemed necessary
by the commission.
b.In developing
its response to the plan, the commission shall consider whether
there is a need for the institution to acquire a branch campus
and whether the institution has the financial capacity to support
the campus.
L.2009,
c.308, s.20.
18A:3B-66 Reference to mean, refer to Secretary of Higher
Education.
Whenever, in any law,
rule, regulation, order, contract, document, judicial or administrative
proceeding or otherwise, reference is made to the executive director
of the New Jersey Commission on Higher Education, the same shall
mean and refer to the Secretary of Higher Education.
L.2009,
c.308, s.21.
18A:3B-67 Regulations.
The Commission on Higher
Education shall adopt regulations pursuant to the provisions
of the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), to implement the provisions of
this act.
L.2009,
c.308, s.22.
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STATE
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