2024 -- S 2521 | |
======== | |
LC004135 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION | |
| |
Introduced By: Senators Acosta, DiPalma, Mack, Quezada, Valverde, Kallman, and | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-59-4 and 16-59-6 of the General Laws in Chapter 16-59 entitled |
2 | "Council on Postsecondary Education [See Title 16 Chapter 97 — The Rhode Island Board of |
3 | Education Act]" are hereby amended to read as follows: |
4 | 16-59-4. Powers and duties of the council on postsecondary education. |
5 | The council on postsecondary education shall have, in addition to those enumerated in § |
6 | 16-59-1, the following powers and duties: |
7 | (1) To approve a systematic program of information gathering, processing, and analysis |
8 | addressed to every level, aspect, and form of higher education in this state especially as that |
9 | information relates to current and future educational needs so that current needs may be met with |
10 | reasonable promptness and plans formulated to meet future needs as they arise in the most efficient |
11 | and economical manner possible. |
12 | (2) To develop review and approve a the strategic plan, prepared by the commissioner of |
13 | postsecondary education pursuant to §16-59-6, implementing broad goals and objectives for higher |
14 | education in the state as established by the board of education, including a comprehensive capital |
15 | development program. |
16 | (3) To formulate broad policy to implement the goals and objectives established and |
17 | adopted by the board of education; to adopt standards and require enforcement; and to exercise |
18 | general supervision over all higher public education in the state and over independent higher |
19 | education in the state as provided in subsections (8) and (9) of this section. The board of education |
| |
1 | and the council shall not engage in the operation or administration of any subordinate committee, |
2 | university, junior college, or community college, except its own office of postsecondary education |
3 | and except as specifically authorized by an act of the general assembly; provided, the presidents of |
4 | each institution of higher learning shall be the chief administrative and executive officers of that |
5 | institution; and provided that nothing contained in this section shall prohibit their direct access to |
6 | or interfere with the relationship between the presidents and the board of education and the council. |
7 | (4) To communicate with and seek the advice of the commissioner of postsecondary |
8 | education, the presidents of the public higher education institutions, and all those concerned with, |
9 | and affected by, its determinations as a regular procedure in arriving at its conclusions and in setting |
10 | its policy. |
11 | (5) To prepare and maintain a five-year (5) funding plan for higher education that |
12 | implements the strategic financing recommendations of the board of education; to prepare, with the |
13 | assistance of the commissioner of postsecondary education, and to present annually to the state |
14 | budget officer, in accordance with § 35-3-4, a state higher education budget, which shall include, |
15 | but not be limited to, the budget of the office of postsecondary education and the budget of the state |
16 | colleges. In the preparation of the budget, the council shall implement priorities established by the |
17 | board of education of expenditures for public higher education purposes of state revenues and other |
18 | public resources made available for the support of higher public education. Prior to submitting the |
19 | budget to the state budget officer as required by the budget office instructions and this subsection, |
20 | the council shall present the budget to the board of education for its review and approval. Nothing |
21 | contained in this subdivision shall authorize the council to alter the allocation of grants or aid |
22 | otherwise provided by law. |
23 | (6) To maintain an office of postsecondary commissioner; to provide for its staffing and |
24 | organization; and to manage and oversee a commissioner of postsecondary education pursuant to |
25 | duties and responsibilities defined in §§ 16-59-6 and 16-59-7 [repealed]. The commissioner of |
26 | postsecondary education and the office of postsecondary commissioner shall have the duties and |
27 | responsibilities as defined in §§ 16-59-6 and 16-59-7 [repealed]. |
28 | (7) To appoint and dismiss presidents of the public institutions of higher learning with the |
29 | assistance of the commissioner of postsecondary education, and to establish procedures for this, |
30 | and with the assistance of the commissioner to approve or disapprove vice presidents of the public |
31 | institutions of higher learning appointed by the respective presidents of the public institutions of |
32 | higher learning. |
33 | (8) To establish other educational agencies or subcommittees necessary or desirable for the |
34 | conduct of any or all aspects of higher education and to determine all powers, functions, and |
| LC004135 - Page 2 of 10 |
1 | composition of any agencies or subcommittees and to dissolve them when their purpose shall have |
2 | been fulfilled. |
3 | (9) To exercise the authority vested in the board of regents for education with relation to |
4 | independent higher educational institutions within the state under the terms of chapter 40 of this |
5 | title, and other laws affecting independent higher education in the state. |
6 | (10) To enforce the provisions of all laws relating to higher education, public and |
7 | independent. |
8 | (11) To be responsible for all the functions, powers, and duties that were vested in the board |
9 | of regents for education relating to higher education, including, but not limited to, the following |
10 | specific functions: |
11 | (i) To approve the role and scope of programs at public institutions of higher learning with |
12 | the assistance of the commissioner of postsecondary education which shall include, but not be |
13 | limited to, populations to be served, the type and level of programs, and academic fields offered. |
14 | (ii) To adopt and require standard accounting procedures for the office of postsecondary |
15 | commissioner and all public colleges and universities. |
16 | (iii) To approve a clear and definitive mission for each public institution of higher learning |
17 | with the assistance of the commissioner of postsecondary education that is consistent with the role |
18 | and scope of programs at the public institutions. |
19 | (iv) To promote maximum efficiency, economy, and cooperation in the delivery of public |
20 | higher educational services in the state and cooperation with independent institutions of higher |
21 | education. |
22 | (12) To incorporate into its own affirmative action reporting process periodic reports |
23 | monitoring specific faculty and staff searches by the chairperson of the search committee to include |
24 | the rationale for granting those interviews and the final hiring results. The institutions must |
25 | empower their affirmative action officer to monitor searches in this manner; to intervene during the |
26 | search; and, when necessary, to cause a search to cease if affirmative action goals are not being |
27 | adequately served. |
28 | (13) To incorporate a specific category for accountability on affirmative action goals and |
29 | implementation as part of the board’s annual evaluations and three-year (3) reviews for the |
30 | presidents of each of the public institutions of higher education. |
31 | (14) To make a formal request of the governor that, whenever an opportunity arises to make |
32 | new appointments to the board, that the governor make every effort to increase the number of |
33 | African Americans, Native Americans, Asians, and Hispanics on the board. |
34 | (15) To develop coherent plans for the elimination of unnecessary duplication in public |
| LC004135 - Page 3 of 10 |
1 | higher education and addressing the future needs of public education within the state in the most |
2 | efficient and economical manner possible. |
3 | (16) To delegate to the presidents of each public higher education institution the authority |
4 | and responsibility for operational and management decisions related to their institutions, consistent |
5 | with the goals of the statewide strategic plan for postsecondary education; provided, however, that |
6 | the presidents may be required to provide information or updates to the council regarding any |
7 | delegated operational or management decisions. |
8 | (17) To approve application and renewal fees for all postsecondary institutions situated in |
9 | Rhode Island, public or private, that choose to participate in an interstate, postsecondary distance- |
10 | education reciprocity agreement. |
11 | (18) To the extent necessary for participation, and to the extent required and stated in an |
12 | interstate distance-learning reciprocity agreement, the council shall promulgate procedures to |
13 | address complaints received from out-of-state students in connection with, or related to, any Rhode |
14 | Island postsecondary institution, public or private, that has been approved to participate in an |
15 | interstate distance-learning reciprocity agreement. |
16 | (19) To serve as the governing body of the division of higher education assistance and |
17 | exercise all powers and duties of the division of higher education assistance as set forth under the |
18 | terms of Chapter 57 of this title; however, any debts, liabilities, or obligations of the council that |
19 | result from its status as such governing body shall be payable solely from the revenues or assets of |
20 | reserve funds set forth and established by the prior Rhode Island higher education assistance |
21 | authority and/or the Rhode Island division of higher education assistance created pursuant to |
22 | Chapter 57 of this title, and not from any assets or property held by the council on postsecondary |
23 | education pursuant to this chapter. |
24 | (20) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest |
25 | of any eligible loan made by a lender to any eligible borrower in existence prior to July 1, 2015, |
26 | for the purpose of assisting the students in obtaining an education in an eligible institution, subject, |
27 | however, to the limitation regarding any debts, liabilities, or obligations of the council set forth in |
28 | subsection (19) above, and in § 16-57-12. |
29 | (21) To prescribe rules and regulations deemed necessary or desirable to carry out the |
30 | purposes of serving as a guaranty agency for the loans set forth in subsection (20) of this section, |
31 | including without limitation rules and regulations: |
32 | (i) To ensure compliance by the division with the requirements imposed by statutes or |
33 | regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by federal |
34 | agencies, instrumentalities, or corporations; |
| LC004135 - Page 4 of 10 |
1 | (ii) To set standards of eligibility for educational institutions, students, and lenders and to |
2 | define residency and all other terms as the division deems necessary to carry out the purposes of |
3 | this chapter; and |
4 | (iii) To set standards for the administration of programs of postsecondary student financial |
5 | assistance assigned by law to the division, including but not limited to savings programs. |
6 | Administrative rules governing savings programs shall authorize the division, in conjunction with |
7 | the commissioner of postsecondary education, to negotiate reciprocal agreements with institutions |
8 | in other states offering similar savings programs for the purpose of maximizing educational benefits |
9 | to students in this state. |
10 | (22) To establish penalties for violations of any order, rule, or regulation of the division, |
11 | and a method for enforcing these. |
12 | (23) To set and collect fees and charges, in connection with its guaranties and servicing, |
13 | including without limitation reimbursement of costs of financing by the division, service charges, |
14 | and insurance premiums and fees and costs associated with implementing and administering |
15 | savings programs established pursuant to this chapter. |
16 | (24) To hold and operate property previously held by the higher education assistance |
17 | authority in trust for the state, and to acquire, hold, and dispose of the property and other like |
18 | property as deemed necessary for the execution of its corporate purposes. |
19 | (25) To direct the public colleges of higher education to adopt and, upon approval by the |
20 | council, execute a process to accept the advanced placement subject test scores of students who |
21 | obtain a three (3) or better in any advanced placement course for college credit. |
22 | 16-59-6. Commissioner of postsecondary education. |
23 | The council on postsecondary education, with approval of the board, shall appoint a |
24 | commissioner of postsecondary education, who shall serve at the pleasure of the council, provided |
25 | that his or her initial engagement by the council shall be for a period of not more than three (3) |
26 | years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary |
27 | education, the governor shall serve as an additional voting member of the council. The position of |
28 | commissioner shall be in the unclassified service of the state and he or she shall serve as the chief |
29 | executive officer of the council on postsecondary education, the chief administrative officer of the |
30 | office of postsecondary commissioner, and the executive director of the division of higher |
31 | education assistance. The commissioner of postsecondary education shall have any duties that are |
32 | defined in this section and in this title and other additional duties as may be determined by the |
33 | council, and shall perform any other duties as may be vested in him or her by law. In addition to |
34 | these duties and general supervision of the office of postsecondary commissioner and the |
| LC004135 - Page 5 of 10 |
1 | appointment of the several officers and employees of the office, it shall be the duty of the |
2 | commissioner of postsecondary education: |
3 | (1) To develop and implement a systematic program of information gathering, processing, |
4 | and analysis addressed to every aspect of higher education in the state, especially as that |
5 | information relates to current and future educational needs. |
6 | (2) To prepare a strategic plan for public higher education in the state aligned with to |
7 | implement the goals of the board of education’s strategic plan;, and to coordinate the goals and |
8 | objectives of the higher public education sector with the goals of the council on elementary and |
9 | secondary education and activities of the independent higher education sector where feasible. |
10 | (3) To communicate with, and seek the advice of those concerned with, and affected by the |
11 | board of education’s and council’s determinations. |
12 | (4) To implement broad policy as it pertains to the goals and objectives established by the |
13 | board of education and council on postsecondary education; to promote better coordination |
14 | between higher public education in the state, independent higher education in the state as provided |
15 | in subsection (10) of this section, and preK-12 education; to assist in the preparation of the budget |
16 | for public higher education; and to be responsible, upon direction of the council, for the allocation |
17 | of appropriations, the acquisition, holding, disposition of property. |
18 | (5) To be responsible for the coordination of the various higher educational functions of |
19 | the state so that maximum efficiency and economy can be achieved. |
20 | (6) To assist the board of education in preparation and maintenance of a five-year (5) |
21 | strategic funding plan for higher education; to assist the council in the preparation and presentation |
22 | annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational |
23 | budget. |
24 | (7) To recommend to the council on postsecondary education, after consultation with the |
25 | presidents, a clear and definitive mission for each college. |
26 | (8) To annually recommend to the council on postsecondary education, after consultation |
27 | with the presidents, the creation, abolition, retention, or consolidation of departments, divisions, |
28 | programs, and courses of study within the public colleges to eliminate unnecessary duplication in |
29 | public higher education, to address the future needs of public higher education in the state, and to |
30 | advance proposals recommended by the presidents of the public colleges pursuant to §§ 16-33-2.1 |
31 | and 16-33.1-2.1. |
32 | (9) To supervise the operations of the office of postsecondary commissioner, including the |
33 | division of higher education assistance, and any other additional duties and responsibilities that |
34 | may be assigned by the council. |
| LC004135 - Page 6 of 10 |
1 | (10) To perform the duties vested in the council with relation to independent higher |
2 | educational institutions within the state under the terms of chapter 40 of this title and any other |
3 | laws that affect independent higher education in the state. |
4 | (11) To be responsible for the administration of policies, rules, and regulations of the |
5 | council on postsecondary education with relation to the entire field of higher education within the |
6 | state, not specifically granted to any other department, board, or agency and not incompatible with |
7 | law. |
8 | (12) To prepare standard accounting procedures for public higher education and all public |
9 | colleges. |
10 | (13) To carry out the policies and directives of the board of education and the council on |
11 | postsecondary education through the office of postsecondary commissioner and through utilization |
12 | of the resources of the public colleges. |
13 | (14) To enter into interstate reciprocity agreements regarding the provision of |
14 | postsecondary distance education; to administer such agreements; to approve or disapprove |
15 | applications to voluntarily participate in such agreements from postsecondary institutions that have |
16 | their principal place of business in Rhode Island; and to establish annual fees, with the approval of |
17 | the council on postsecondary education, for aforesaid applications to participate in an interstate |
18 | postsecondary distance education reciprocity agreement. |
19 | (15) To the extent necessary for participation, and to the extent required and stated in any |
20 | distance learning reciprocity agreement, to implement procedures to address complaints received |
21 | from out-of-state students in connection with, or related to, any Rhode Island postsecondary |
22 | institution, public or private, that has been approved to participate in said reciprocity agreement. |
23 | (16) To oversee the processes that the community college of Rhode Island, Rhode Island |
24 | college, and the university of Rhode Island adopt and execute, pursuant to §§ 16-32-2(i) and 16- |
25 | 59-4(25), to accept advanced placement subject test scores of students who obtain a three (3) or |
26 | better in any advanced placement course for college credit. |
27 | (17) To collect data annually related to awarding college credit to students who receive test |
28 | scores of three (3) or higher on advanced placement courses, including, but not limited to: |
29 | (i) The number of students who receive college credit at each public institution of higher |
30 | learning for obtaining advanced placement test scores of three (3) or higher; |
31 | (ii) The number of college credits issued by the community college of Rhode Island, Rhode |
32 | Island college, and the university of Rhode Island due to students’ advanced placement subject test |
33 | scores of three (3) (“qualified”) or better in any advanced placement course; and |
34 | (iii) Any other relevant data as determined by the commissioner. |
| LC004135 - Page 7 of 10 |
1 | (18) To exercise all powers and duties of the division of higher education assistance as set |
2 | forth under the terms of chapter 57 of this title. |
3 | SECTION 2. Chapter 16-59 of the General Laws entitled "Council on Postsecondary |
4 | Education [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby |
5 | amended by adding thereto the following section: |
6 | 16-59-6.1. Commissioner of postsecondary education -- Additional duties. |
7 | (a) In addition to the duties that are set forth in § 16-59-6, that may be determined by the |
8 | council on postsecondary education, and that may be vested in the commissioner of postsecondary |
9 | education (the "commissioner") by law, the commissioner shall: |
10 | (1) Prepare a strategic plan for public higher education in the state, pursuant to § 16-59- |
11 | 6(2). The strategic plan for public higher education shall: |
12 | (i) Be aligned with the goals of the board of education's strategic plan for education; |
13 | (ii) Be developed with input from the governing bodies of the state's public institutions of |
14 | higher learning; |
15 | (iii) Direct public higher education to be accountable for increasing the educational |
16 | attainment levels of Rhode Islanders; |
17 | (iv) Be reviewed and revised as deemed appropriate by the commissioner, but, in any event, |
18 | at least once every three (3) years; |
19 | (v) Be approved by the council on postsecondary education; and |
20 | (vi) Include, but not be limited to, proposals for: |
21 | (A) Addressing the state's economic development, workforce development and research |
22 | needs; |
23 | (B) Ensuring increased degree production; |
24 | (C) Using institutional mission differentiation to realize statewide efficiencies through |
25 | institutional collaboration and minimized redundancy in degree offerings; and |
26 | (D) Consolidating services and standardizing processes between the public institutions of |
27 | higher learning to improve efficiency and effectiveness in areas including, but not limited to, |
28 | student services, academic support, and institutional support. |
29 | (2) Make funding recommendations to the public institutions of higher learning. The |
30 | recommendations shall: |
31 | (i) Include, but not be limited to, proposals for implementing the strategic plan for public |
32 | higher education; and |
33 | (ii) Be provided to the general assembly, the governor, and the council on postsecondary |
34 | education on an annual basis. |
| LC004135 - Page 8 of 10 |
1 | (3) Consult with the public institutions of higher learning to develop policies and guidelines |
2 | for the equitable distribution of public funds among them in a way that furthers the goals of the |
3 | strategic plan for public higher education. The policies or guidelines shall result in an outcomes- |
4 | based model. This model shall emphasize outcomes across a range of variables that shall be |
5 | weighted to reinforce each institution's mission and provide incentives for productivity |
6 | improvements consistent with the strategic plan for public higher education. |
7 | (i) In the implementation of this subsection, the commissioner shall consult with the state's |
8 | general treasurer and the office of management and budget to establish uniform standards of |
9 | accounting, records, and statistical reporting systems in accordance with accepted national |
10 | standards. |
11 | (4) That an associate of science or associate of arts degree from the community college of |
12 | Rhode Island shall be deemed to have met all general education and core requirements for transfer |
13 | to a Rhode Island public institution of higher learning as a junior. Notwithstanding this provision, |
14 | admission into a particular program, school, or college within the institution shall remain |
15 | competitive in accordance with generally applicable policies. |
16 | (5) That community college students who wish to earn baccalaureate degrees in the state's |
17 | public higher education system shall be provided with clear and effective information and |
18 | directions that specify curricular paths to a degree. Such information shall include, but is not limited |
19 | to: |
20 | (i) Listings of course offerings that clearly identify courses that are not designed to be |
21 | transferable under the provisions of this subsection. |
22 | (6) In developing policies to implement the provisions of this section, the office of the |
23 | postsecondary commissioner shall seek input from and the participation of faculty and the |
24 | appropriate administrative staff, in accordance with existing faculty union contracts and shared |
25 | governance practices. |
26 | (b) The provisions of this section shall be fully implemented no later than the beginning of |
27 | the 2026-2027 academic year. At the start of the 2025-2026 academic year, and at the start of each |
28 | academic year thereafter, the commissioner shall report to the senate president and the speaker of |
29 | the house regarding the implementation of this section. |
30 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC004135 | |
======== | |
| LC004135 - Page 9 of 10 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION | |
*** | |
1 | This act would assign additional duties to the commissioner of postsecondary education, |
2 | including, but not limited to, preparing a strategic plan for public higher education which is aligned |
3 | with the goals of the board of education's strategic plan and which would provide for equitable |
4 | distribution of public funds. This act would also provide that any policies and goals adopted would |
5 | have an outcomes-based model emphasizing outcomes across a range of variables. |
6 | This act would take effect upon passage. |
======== | |
LC004135 | |
======== | |
| LC004135 - Page 10 of 10 |