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SENATE AMENDED
PRIOR PRINTER'S NOS. 3201, 3671, 3801,
3915, 3948, 4016
PRINTER'S NO. 4024
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2171
Session of
2020
INTRODUCED BY SONNEY, TOPPER, SCHROEDER, BENNINGHOFF, BIZZARRO,
BROWN, EVERETT, GAYDOS, HARKINS, JAMES, JONES, KORTZ, MASSER,
MILLARD, MOUL, MUSTELLO, OWLETT, PICKETT, RADER, ROAE,
ROTHMAN, SAYLOR, STAATS, STRUZZI, BRIGGS, SCHLEGEL CULVER AND
GLEIM, JANUARY 22, 2020
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 24, 2020
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in the State System of Higher
Education, further providing for establishment of the State
System of Higher Education and its institutions, for board of
governors, for the chancellor, for powers and duties of the
board of governors, for councils of trustees, for powers and
duties of councils of trustees and for power and duties of
institution presidents.
AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN
ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
LAWS RELATING THERETO," IN THE STATE SYSTEM OF HIGHER
EDUCATION, FURTHER PROVIDING FOR DEFINITIONS, FOR
ESTABLISHMENT OF THE STATE SYSTEM OF HIGHER EDUCATION AND ITS
INSTITUTIONS, FOR PURPOSES AND GENERAL POWERS, FOR PROJECT
CONTRACTS, FOR BOARD OF GOVERNORS, FOR THE CHANCELLOR, FOR
POWERS AND DUTIES OF THE BOARD OF GOVERNORS, FOR COUNCILS OF
TRUSTEES, FOR POWERS AND DUTIES OF COUNCILS OF TRUSTEES AND
FOR POWER AND DUTIES OF INSTITUTION PRESIDENTS, FOR RENTAL
FEES AND OTHER CHARGES, FOR ANNUAL REPORT AND FOR CAMPUS
POLICE POWERS AND DUTIES AND PROVIDING FOR STUDENT RECORDS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. Section 2002-A(a) introductory paragraph of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, is amended and the section is amended by
adding subsections to read:
Section 2002-A. Establishment of the State System of Higher
Education and its Institutions.--(a) Subject to the regulatory
powers conferred by law upon the State Board of Education, there
is hereby established a body corporate and politic constituting
a public corporation and government instrumentality [which
shall] to be known as the State System of Higher Education,
independent of the Department of Education, hereinafter referred
to as the system, which shall consist of the following
institutions and such other institutions, presently existing [or
newly created, as may hereafter be admitted by the board in
concurrence with other agencies as required by law] or until
changed as provided under subsections (a.1), (a.2), (a.3), (a.4)
and (a.5):
* * *
(a.1) In accordance with section 2006-A(a)(13.2), the board
shall develop policies and procedures by which the board may
create, expand, consolidate, transfer or affiliate an
institution or college. Before the creation, expansion,
consolidation, transfer or affiliation of an institution or
college, the board shall direct the chancellor , in consultation
with the board, to conduct a review of the financial stability
of any impacted institution or college utilizing student support
metrics, student success metrics and other financial metrics and
develop a report and recommendation related to the need for the
board to exercise the board's powers under section 2006-A(a)
(13.2). The report and recommendations shall include, but not be
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limited to, an analysis of the following:
(1) Enrollment trends.
(2) Projections of revenues and expenditures for the current
year and the next five (5) years, both assuming the continuation
of present operations and as impacted by any recommendation for
the board to exercise the board's powers under section 2006-A(a)
(13.2).
(3) Assets, liabilities and institutional reserves.
(4) Actions undertaken to improve the financial stability of
the institution or college and the financial impact of those
actions.
(5) Additional actions that could be taken to improve the
financial stability of the institution or college, the projected
financial impact of those actions and whether those actions
would alleviate the need for the board to exercise the board's
powers under section 2006-A(a)(13.2).
(6) The financial impact on the institution or college and
the system if no action is taken by the board to exercise the
board's powers under section 2006-A(a)(13.2).
(7) The financial impact on the surrounding community of the
institution or college if action is taken by the board to
exercise the board's powers under section 2006-A(a)(13.2).
(a.2) Upon receipt of the report and recommendation, the
board shall develop a proposed implementation plan. The proposed
implementation plan shall include the following information:
(1) Description of the proposal to exercise powers under
section 2006-A(a)(13.2).
(2) Rationale, goals and objectives of the proposal to
exercise powers under section 2006-A(a)(13.2).
(3) Method for evaluating achievement of goals and
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objectives.
(4) Relation of the proposal to the mission and strategic
plan of the institution or college and system as a whole.
(5) Impacts on academic programs, nonacademic units and
accreditation.
(6) Impacts on student, faculty and staff.
(7) Impacts on the community.
(8) Impacts on shared governance.
(9) Before and after organizational charts for all impacted
institutions or colleges.
(10) Information included in the chancellor's report and
recommendation under subsection (a.1).
(11) Timeline for the implementation plan.
(a.3) The proposed implementation plan shall be approved by
a majority vote of the board. Within fourteen (14) days after
issuance of the proposed implementation plan , the board shall do
the following:
(1) Transmit a copy of the proposed implementation plan to
the following:
(i) chairperson and minority chairperson of the
Appropriations Committee of the Senate;
(ii) chairperson and minority chairperson of the Education
Committee of the Senate;
(iii) chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives; and
(iv) chairperson and minority chairperson of the Education
Committee of the House of Representatives.
(2) Make the proposed implementation plan available for
review and solicit public comment for a period of not less than
ninety (90) days.
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(a.4) The board shall consult with stakeholders, including
faculty, staff, students and administrators, and hold at least
two (2) public hearings as part of the public comment period
under subsection (a.3)(2). After the public comment period and
before any action may be taken pursuant to section 2006-A(a)
(13.2), the board shall consider comments made by stakeholders
during the public comment period and present an implementation
plan at a public meeting subject to the approval by two-thirds
of the board. If the board votes to approve the implementation
plan, the board shall, within fourteen (14) days, transmit a
copy of the final implementation plan to the following:
(1) Chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(2) Chairperson and minority chairperson of the Education
Committee of the Senate.
(3) Chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(4) Chairperson and minority chairperson of the Education
Committee of the House of Representatives.
(a.5) The timeline for implementation to be completed as
described in the final implementation plan shall be no earlier
than twelve (12) months from the date of the issuance of the
proposed implementation plan.
* * *
Section 2. Section 2004-A(a)(7) and (b) of the act are
amended, subsection (a) is amended by adding a paragraph and the
section is amended by adding a subsection to read:
Section 2004-A. Board of Governors.--(a) The system shall
be governed and all of its corporate powers exercised by the
Board of Governors, which shall consist of twenty (20) members
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to be appointed as follows:
* * *
(7) [Fourteen (14) members shall be appointed by the
Governor with the advice and consent of the Senate of which six
(6) shall be selected from the citizens of the Commonwealth.
Three (3) members of the fourteen (14) shall be students whose
terms shall expire upon graduation, separation or failure to
maintain good academic standards at their institution and five
(5) of the fourteen (14) shall be trustees of constituent
institutions, however, no more than one trustee representing a
constituent institution. The student members shall be selected
from the presidents of the local campus student government
associations, or their local equivalent.] Eleven (11) members
shall be appointed by the Governor with the advice and consent
of the Senate of which six (6) members shall be selected from
the residents of this Commonwealth and five (5) members shall be
selected from trustees of constituent institutions, except that
no more than one trustee may represent a constituent
institution. A member appointed under this subsection shall have
expertise or substantial experience in one or more area,
including postsecondary education, finance, business, nonprofit
management, law or public administration.
(8) Three (3) of the members shall be students appointed by
the board under section 2006-A(a)(13.4). The student members
shall be selected with the advice and consent of institution
presidents. A student's term shall expire upon graduation,
separation or failure to maintain good academic standing at the
institution in which the student is enrolled.
(b) All members of the board appointed by the Governor[,
except for the students,] shall serve for terms of four (4)
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years. The Governor and Secretary of Education shall serve so
long as they continue in office. Members of the board appointed
from the General Assembly shall serve a term of office
concurrent with their respective elective terms as members of
the General Assembly.
* * *
(d.1) A board member appointed under subsection (a)(7) may
be removed for cause by the Governor. A board member appointed
under subsection (a)(8) may be removed by the board.
* * *
Section 3. Section 2005-A(4) of the act is amended to read:
Section 2005-A. The Chancellor.--The chief executive officer
of the system shall be a chancellor, who shall be employed by
the board in accordance with clause (1) of section 2006-A. In
addition to those prescribed by the board, the chancellor shall
have the following duties:
* * *
(4) The chancellor shall assist the board in its appointment
of the presidents for the constituent institutions by submitting
to the board the name or names of individuals recommended by the
council of trustees [of the appropriate constituent institution
who shall involve students, faculty and alumni in the interview
and selection process used to formulate their recommendation].
The chancellor shall submit to the board the recommended salary
and other proposed terms of each such appointment. The board
shall have the right to refuse the recommendation of the local
council and to request that additional recommendations be
submitted by the council.
* * *
Section 4. Section 2006-A(a) introductory paragraph, (5),
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(14) and (15) of the act are amended and the subsection is
amended by adding paragraphs to read:
Section 2006-A. Powers and Duties of the Board of
Governors.--(a) The Board of Governors shall have [overall
responsibility for planning and coordinating the development and
operation of the system. The powers and duties of the Board of
Governors shall be:] plenary power to make, issue and enforce
board policies, procedures and standards for the full
management, control and conduct of the instructional,
administrative and financial affairs of the system, including
powers and duties:
* * *
(5) To [create] approve new undergraduate and graduate
degree programs, which shall not be subject to the rules and
regulations of the State Board of Education; to approve
extension campuses and new external degree programs subject to
the rules and regulations of the State Board of Education; to
promote cooperation among institutions, including the
development of consortia within the system and other educational
institutions and agencies.
* * *
(13.2) To create, expand, consolidate, transfer or affiliate
an institution or college.
(13.3) To require institutions to share services and to
participate in collaborations.
(13.4) To appoint student members to the board and councils.
(14) To make all reasonable [rules and regulations] policies
and procedures necessary to carry out the purposes of this
article and the duties of the board.
(15) To do and perform generally all of those things
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necessary and required to accomplish the role and objectives of
the system, unless otherwise delegated by the board to the
chancellor.
* * *
Section 5. Sections 2008-A, 2009-A and 2010-A introductory
paragraph, (1), (5), (10.1), (11), (12), (13) and (14) of the
act are amended to read:
Section 2008-A. Councils of Trustees.--(a) The council of
each of the institutions shall consist of eleven (11) members
who, except for student members, shall be nominated and
appointed by the Governor with the advice and consent of the
Senate. At least two (2) members of the eleven (11) member
council of trustees shall be alumni of the institution. Except
for student trustees, a trustee appointed under this subsection
shall have expertise or substantial experience in one or more
area, including postsecondary education, finance, business,
nonprofit management, law or public administration.
(b) [Ten (10) members of each council shall serve terms of
six (6) years, respectively, and until their respective
successors are duly appointed and qualified. One (1) member of
each council shall be a full-time undergraduate student in good
academic standing, other than freshman, enrolled for at least
twelve (12) semester hours at the institution of which he is a
trustee. The student member shall serve a term of four (4) years
or for so long as he is a full-time undergraduate student in
attendance at the institution of which he is a trustee,
whichever period is shorter, and is in good academic standing.
Vacancies occurring before the expiration of the term of any
member shall be filled in like manner for the unexpired term.
Student members of the Council of Trustees shall be appointed by
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the Governor and shall not be subject to Senate confirmation. If
a student member is temporarily unable, for medical or valid
academic reasons, to fulfill the responsibilities of office, the
Council of Trustees may request that the Governor appoint an
otherwise qualified student to serve as an alternate until the
return of the student member.
(c) The members of each board of trustees of a former State
college or university serving in such capacity on the effective
date of this act shall continue to serve for the balance of
their respective terms.] Ten (10) members of each council shall
serve terms of four (4) years, respectively and until their
respective successors are duly appointed.
(b.1) One (1) member of each council shall be a student
appointed by the board under section 2006-A(a)(13.4). The
student member shall serve a term of four (4) years or for so
long as the student is a full-time student in attendance at the
institution of which the student is a trustee, whichever period
is shorter, and is in good academic standing. If a student
member is temporarily unable, for medical or valid academic
reasons, to fulfill the responsibilities of office, the Council
of Trustees may appoint an otherwise qualified student to serve
as an alternate until the return of the student member.
(b.2) A trustee appointed under subsections (a) and (b.1)
may be removed for cause by the Governor .
(b.3) Vacancies occurring before the expiration of the term
of any member shall be filled in like manner for the unexpired
term.
(d) Six (6) members of a council shall constitute a quorum.
Each council shall select from its members a chairperson and a
secretary to serve at the pleasure of the council. Each council
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shall meet at least quarterly, and additionally at the call of
the president, or its chairperson, or upon request of three (3)
of its members.
Section 2009-A. Powers and Duties of Councils of Trustees.--
(a) In accordance with [the rules and regulations] policies,
procedures and standards adopted by the board, the council of
each institution shall have the power and its duty shall be:
(1) To make recommendations to the chancellor for the
appointment[,] and retention [or dismissal] of the president
following [consultation with] input by students, faculty, staff
and alumni.
(1.1) To make recommendations to the chancellor for the
dismissal of the president.
(2) To assist the president in developing proper relations
and understanding between the institution and its programs and
the public, in order to serve the interests and needs of both.
[(3) To review and approve the recommendations of the
president as to standards for the admission, discipline and
expulsion of students.]
(4) To review and [approve the recommendations of] provide
input to the president pertaining to policies and procedures
governing the use of institutional facilities and property.
(5) To approve schools and academic programs.
(6) To review and approve the recommendations of the
president pertaining to annual operating and capital budget
requirements for forwarding to the board.
(7) To review and approve charges for tuition, room and
board and other fees except student activity fees and any fees
related to the provision of contracted health services.
[(8) To conduct an annual physical inspection of facilities
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and make recommendations regarding maintenance and construction
to the board.]
(9) To review [and approve all] contracts and purchases
negotiated or awarded by the president, including any contract
or purchase reports, with or without competitive bidding and all
contracts for consultative services entered by the president.
(10) To represent the institution at official functions of
the Commonwealth.
(11) To take such other action as may be necessary to
effectuate the powers and duties herein delegated.
(12) In accordance with the evaluation procedure established
by the board each council shall conduct an evaluation of the
president and forward the results of that evaluation with
recommendation to the chancellor for submission to the board.
(13) By resolution adopted by the council to authorize
campus police who have completed firearms training in accordance
with 53 Pa.C.S. § 2167(a) (relating to police training) to carry
firearms in the course of duty for any institution whose campus
police are authorized to carry firearms on the effective date of
this paragraph, the authority to carry firearms shall remain in
effect unless the council by resolution dissolves such
authority.
Section 2010-A. Power and Duties of Institution
Presidents.--The president of each institution shall be
appointed by the board. The president shall be the chief
executive officer of that institution. [He] The president shall
have the right to attend all meetings of the council of that
institution and shall have the right to speak on all matters
before the council but not to vote. Subject to the stated
authority of the board and the council, each president shall
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have the following powers and duties:
(1) Except insofar as such matters are governed by
collective bargaining agreements entered pursuant to the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," and subject to the policies of the board, to
appoint such employes, professional and noninstructional,
graduate assistants, etc. as necessary, to fix the salaries and
[benefits of employes, professional and noninstructional, and to
establish policies and procedures governing employment rights,
promotion, dismissal, tenure, leaves of absence, grievances and]
salary schedules.
* * *
(5) To establish policies and procedures governing the use
of institutional facilities and property in [accordance with
guidelines established by] consultation with the local council.
* * *
(10.1) Within the limitations of the operating budget and
other available funds in accordance with the procedures
established by the board [and with the approval of the local
council,] to negotiate and award all contracts for equipment,
services and supplies in excess of a cost of a base amount of
eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section [120] 2003-A.1(c.3), on a competitive
bid basis [and]. Contracts to purchase instructional,
educational, extracurricular, technical, administrative,
custodial and maintenance equipment and supplies not in excess
of a cost of a base amount of eighteen thousand five hundred
dollars ($18,500), subject to adjustment under section [120]
2003-A.1(c.3), may be procured, without competitive bidding,
except that such items shall not be bought in series to avoid
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the dollar ceiling.
(11) To cooperate with and accept grants and assistance from
Federal and State agencies, local governments or other political
subdivisions, foundations, corporations, or any other source for
any of the lawful purposes of the institution. Each institution
shall have the power to bank and use such grants as directed by
the grantor in accordance with applicable board policy and
subject to the limitations of this act[, except that grants and
assistance from sources other than State agencies, local
governments or other political subdivisions shall not be subject
to the provisions of clause (10)]. All moneys received from
sources authorized by this section are hereby appropriated to
each of the several institutions granted such moneys. All such
moneys shall be subject to audit by the Auditor General.
(12) To authorize personnel to travel within or without the
Commonwealth at institutional expense [in accordance with
regulations of the council].
(13) Within the limitations of the operating budget and
other available funds, to enter into contracts for consultative
service [not to exceed five thousand dollars ($5,000) per
contract].
(14) To enter into contracts [in accordance with policies of
the council,] to enable students to engage in student teaching
or other training in order to obtain experience in a particular
field.
* * *
Section 6. All acts and parts of acts are repealed and all
regulations and parts of regulations are abrogated insofar as
they are inconsistent with this act.
Section 7. This act shall take effect in 60 days.
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SECTION 1. SECTION 2001-A(1) OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
AMENDED AND THE SECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
SECTION 2001-A. DEFINITIONS.--THE FOLLOWING WORDS AND
PHRASES WHEN USED IN THIS ARTICLE SHALL, FOR THE PURPOSE OF THIS
ARTICLE, HAVE THE FOLLOWING MEANINGS, RESPECTIVELY, EXCEPT IN
THOSE INSTANCES WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT
MEANING:
(1) "AFFILIATED ENTITY" SHALL MEAN A PRIVATE NONPROFIT
CORPORATION WITH THE SOLE PURPOSE OF BENEFITING THE STATE SYSTEM
OF HIGHER EDUCATION OR A STATE-OWNED UNIVERSITY.
[(1)] (1.1) "BOARD" SHALL MEAN THE BOARD OF GOVERNORS OF THE
STATE SYSTEM OF HIGHER EDUCATION.
* * *
(6.1) "EDUCATION RECORD" SHALL HAVE THE SAME MEANING AS IN
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (PUBLIC
LAW 90-247, 20 U.S.C. § 1232G).
* * *
SECTION 2. SECTION 2002-A OF THE ACT IS AMENDED TO READ:
SECTION 2002-A. ESTABLISHMENT OF THE STATE SYSTEM OF HIGHER
EDUCATION AND ITS INSTITUTIONS.--(A) SUBJECT TO THE REGULATORY
POWERS CONFERRED BY LAW UPON THE STATE BOARD OF EDUCATION, THERE
IS HEREBY ESTABLISHED A BODY CORPORATE AND POLITIC CONSTITUTING
A PUBLIC CORPORATION AND GOVERNMENT INSTRUMENTALITY [WHICH
SHALL] TO BE KNOWN AS THE STATE SYSTEM OF HIGHER EDUCATION,
INDEPENDENT OF THE DEPARTMENT OF EDUCATION, HEREINAFTER REFERRED
TO AS THE SYSTEM, WHICH IS GRANTED SOVEREIGN IMMUNITY AND
OFFICIAL IMMUNITY PURSUANT TO 1 PA.C.S. § 2310 (RELATING TO
SOVEREIGN IMMUNITY REAFFIRMED AND SPECIFIC WAIVER) AND WHICH
SHALL CONSIST OF THE FOLLOWING INSTITUTIONS AND SUCH OTHER
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INSTITUTIONS, PRESENTLY EXISTING [OR NEWLY CREATED, AS MAY
HEREAFTER BE ADMITTED BY THE BOARD IN CONCURRENCE WITH OTHER
AGENCIES AS REQUIRED BY LAW] OR UNTIL CHANGED AS PROVIDED UNDER
SUBSECTIONS (A.1), (A.2), (A.3), (A.4), (A.5) AND (A.6) , (A.6)
AND (A.7):
(1) BLOOMSBURG STATE COLLEGE;
(2) CALIFORNIA STATE COLLEGE;
(3) CHEYNEY STATE COLLEGE;
(4) CLARION STATE COLLEGE;
(5) EAST STROUDSBURG STATE COLLEGE;
(6) EDINBORO STATE COLLEGE;
(7) INDIANA UNIVERSITY OF PENNSYLVANIA;
(8) KUTZTOWN STATE COLLEGE;
(9) LOCK HAVEN STATE COLLEGE;
(10) MANSFIELD STATE COLLEGE;
(11) MILLERSVILLE STATE COLLEGE;
(12) SHIPPENSBURG STATE COLLEGE;
(13) SLIPPERY ROCK STATE COLLEGE; AND
(14) WEST CHESTER STATE COLLEGE.
(A.1) IN ACCORDANCE WITH SECTION 2006-A(A)(18), THE BOARD
SHALL DEVELOP POLICIES AND PROCEDURES BY WHICH THE BOARD MAY
CREATE, EXPAND, CONSOLIDATE, TRANSFER OR AFFILIATE AN
INSTITUTION. BEFORE THE CREATION, EXPANSION, CONSOLIDATION,
TRANSFER OR AFFILIATION OF AN INSTITUTION, THE BOARD SHALL
DIRECT THE CHANCELLOR, IN CONSULTATION WITH THE BOARD, TO
CONDUCT A REVIEW OF THE FINANCIAL STABILITY OF ANY IMPACTED
INSTITUTION UTILIZING STUDENT SUPPORT METRICS, STUDENT SUCCESS
METRICS AND OTHER FINANCIAL METRICS AND DEVELOP A REPORT AND
RECOMMENDATIONS RELATED TO THE NEED FOR THE BOARD TO EXERCISE
THE BOARD'S POWERS UNDER SECTION 2006-A(A)(18). THE REPORT AND
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RECOMMENDATION SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS
OF THE FOLLOWING:
(A.1) THE BOARD SHALL DEVELOP POLICIES AND PROCEDURES BY
WHICH THE BOARD MAY CREATE, EXPAND, CONSOLIDATE, TRANSFER OR
AFFILIATE AN INSTITUTION, EXCEPT FOR AN INSTITUTION WITH A FALL
2019 HEADCOUNT ENROLLMENT GREATER THAN 10,000 STUDENTS. THIS
SUBSECTION SHALL NOT BE CONSTRUED TO INCLUDE THE POWER TO CLOSE
AN INSTITUTION.
(A.2) BEFORE THE CREATION, EXPANSION, CONSOLIDATION,
TRANSFER OR AFFILIATION OF AN INSTITUTION, THE BOARD SHALL
DIRECT THE CHANCELLOR, IN CONSULTATION WITH THE BOARD, TO
CONDUCT A REVIEW OF THE FINANCIAL STABILITY OF ANY IMPACTED
INSTITUTION UTILIZING STUDENT SUPPORT METRICS, STUDENT SUCCESS
METRICS AND OTHER FINANCIAL METRICS AND DEVELOP A REPORT AND
RECOMMENDATIONS. THE REPORT AND RECOMMENDATIONS SHALL INCLUDE,
BUT NOT BE LIMITED TO, AN ANALYSIS OF THE FOLLOWING:
(1) ENROLLMENT TRENDS.
(2) PROJECTIONS OF REVENUES AND EXPENDITURES FOR THE CURRENT
YEAR AND THE NEXT FIVE (5) YEARS, BOTH ASSUMING THE CONTINUATION
OF PRESENT OPERATIONS AND AS IMPACTED BY ANY RECOMMENDATION FOR
THE BOARD TO EXERCISE THE BOARD'S POWERS UNDER SECTION 2006-A(A)
(18) SUBSECTION (A.1).
(3) ASSETS, LIABILITIES AND INSTITUTIONAL RESERVES.
(4) ACTIONS UNDERTAKEN TO IMPROVE THE FINANCIAL STABILITY OF
THE INSTITUTION AND THE FINANCIAL IMPACT OF THOSE ACTIONS.
(5) ADDITIONAL ACTIONS THAT COULD BE TAKEN TO IMPROVE THE
FINANCIAL STABILITY OF THE INSTITUTION, THE PROJECTED FINANCIAL
IMPACT OF THOSE ACTIONS AND WHETHER THOSE ACTIONS WOULD
ALLEVIATE THE NEED FOR THE BOARD TO EXERCISE THE BOARD'S POWERS
UNDER SECTION 2006-A(A)(18) SUBSECTION (A.1).
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(6) THE FINANCIAL IMPACT ON THE INSTITUTION AND THE SYSTEM
IF NO ACTION IS TAKEN BY THE BOARD TO EXERCISE THE BOARD'S
POWERS UNDER SECTION 2006-A(A)(18) SUBSECTION (A.1).
(7) THE FINANCIAL IMPACT ON THE SURROUNDING COMMUNITY OF THE
INSTITUTION IF ACTION IS TAKEN BY THE BOARD TO EXERCISE THE
BOARD'S POWERS UNDER SECTION 2006-A(A)(18) SUBSECTION (A.1).
(8) IMPACTS ON AFFILIATED ENTITIES AND ANY DONOR
RESTRICTIONS ON THE USE OF NON-STATE-APPROPRIATED FUNDS.
(A.2) (A.3) UPON THE BOARD'S RECEIPT OF THE REPORT AND
RECOMMENDATION, THE CHANCELLOR SHALL DEVELOP A PROPOSED
IMPLEMENTATION PLAN. THE PROPOSED IMPLEMENTATION PLAN SHALL
INCLUDE THE FOLLOWING INFORMATION:
(1) DESCRIPTION OF THE PROPOSAL TO EXERCISE POWERS UNDER
SECTION 2006-A(A)(18) SUBSECTION (A.1).
(2) RATIONALE, GOALS AND OBJECTIVES OF THE PROPOSAL TO
EXERCISE POWERS UNDER SECTION 2006-A(A)(18) SUBSECTION (A.1).
(3) METHOD FOR EVALUATING ACHIEVEMENT OF GOALS AND
OBJECTIVES.
(4) RELATION OF THE PROPOSAL TO THE MISSION AND STRATEGIC
PLAN OF THE INSTITUTION AND SYSTEM AS A WHOLE.
(5) IMPACTS ON ACADEMIC PROGRAMS, NONACADEMIC UNITS AND
ACCREDITATION.
(6) IMPACTS ON STUDENTS, FACULTY AND STAFF.
(7) IMPACTS ON THE COMMUNITY.
(8) IMPACTS ON SHARED GOVERNANCE.
(9) BEFORE AND AFTER ORGANIZATIONAL CHARTS FOR ALL IMPACTED
INSTITUTIONS.
(10) INFORMATION INCLUDED IN THE CHANCELLOR'S REPORT AND
RECOMMENDATION UNDER SUBSECTION (A.1) (A.2).
(11) TIMELINE FOR THE IMPLEMENTATION PLAN.
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(A.3) (A.4) THE PROPOSED IMPLEMENTATION PLAN SHALL BE
APPROVED BY A MAJORITY VOTE OF THE BOARD. IF THE BOARD REJECTS
THE PROPOSED IMPLEMENTATION PLAN, THE CHANCELLOR MAY AMEND THE
PROPOSAL AND PRESENT IT TO THE BOARD FOR RECONSIDERATION AND
APPROVAL BY A MAJORITY VOTE OF THE BOARD. WITHIN FOURTEEN (14)
DAYS AFTER APPROVAL OF THE PROPOSED IMPLEMENTATION PLAN , THE
BOARD SHALL DO THE FOLLOWING:
(1) TRANSMIT A COPY OF THE PROPOSED IMPLEMENTATION PLAN TO
THE FOLLOWING:
(I) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE;
(II) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
COMMITTEE OF THE SENATE;
(III) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND
(IV) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(2) MAKE THE PROPOSED IMPLEMENTATION PLAN AVAILABLE FOR
REVIEW AND SOLICIT PUBLIC COMMENT FOR A PERIOD OF NOT LESS THAN
SIXTY (60) DAYS.
(A.4) (A.5) THE BOARD SHALL CONSULT WITH STAKEHOLDERS,
INCLUDING FACULTY, STAFF, STUDENTS AND ADMINISTRATORS, AND HOLD
AT LEAST TWO (2) PUBLIC HEARINGS AS PART OF THE PUBLIC COMMENT
PERIOD UNDER SUBSECTION (A.3)(2) (A.4)(2). AFTER THE PUBLIC
COMMENT PERIOD AND BEFORE ANY ACTION MAY BE TAKEN PURSUANT TO
SECTION 2006-A(A) (18) SUBSECTION (A.1), THE BOARD SHALL CONSIDER
COMMENTS MADE BY STAKEHOLDERS DURING THE PUBLIC COMMENT PERIOD
AND PRESENT AN IMPLEMENTATION PLAN AT A PUBLIC MEETING SUBJECT
TO THE APPROVAL BY TWO-THIRDS OF THE BOARD. IF THE BOARD VOTES
TO APPROVE THE IMPLEMENTATION PLAN, THE BOARD SHALL, WITHIN
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FOURTEEN (14) DAYS, TRANSMIT A COPY OF THE FINAL IMPLEMENTATION
PLAN TO THE FOLLOWING:
(1) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE.
(2) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
COMMITTEE OF THE SENATE.
(3) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(4) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(A.5) (A.6) THE TIMELINE FOR IMPLEMENTATION TO BE COMPLETED
AS DESCRIBED IN THE FINAL IMPLEMENTATION PLAN SHALL BE NO
EARLIER THAN TWELVE (12) MONTHS FROM THE DATE OF THE ISSUANCE OF
THE PROPOSED IMPLEMENTATION PLAN.
(A.6) (A.7) FOR ANY FINAL IMPLEMENTATION PLAN APPROVED BY
THE BOARD UNDER SUBPARAGRAPH (A.4) SUBSECTION (A.5), THE UPON
DEVELOPMENT OF A PROPOSED IMPLEMENTATION PLAN UNDER SUBSECTION
(A.3), THE CHANCELLOR SHALL REPORT ON A QUARTERLY BASIS IN
PERSON TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE,
THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE CHAIRPERSON
AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE HOUSE
OF REPRESENTATIVES INFORMATION DETAILING THE ACTIONS TAKEN,
ACTIONS PLANNED TO BE TAKEN IN THE NEXT QUARTER AND PROGRESS
MADE TOWARD DEVELOPING AND IMPLEMENTING THE GOALS OF THE PLAN ON
THE RESPECTIVE UNIVERSITIES. WITHIN FIFTEEN (15) DAYS OF THE
ISSUANCE OF A REPORT TO THE CHAIRPERSONS, THE CHANCELLOR SHALL
PRESENT THE REPORT AT A JOINT PUBLIC HEARING OF THE
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APPROPRIATIONS COMMITTEE OF THE SENATE AND THE EDUCATION
COMMITTEE OF THE SENATE AND A JOINT PUBLIC HEARING OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES. A REPORT
UNDER THIS SUBSECTION SHALL CONTINUE UNTIL THE PLAN IS EITHER
REJECTED BY THE BOARD OR HAS BEEN FULLY IMPLEMENTED. A REPORT
SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING INFORMATION:
(1) AN OVERVIEW OF THE FINANCIAL POSITION OF THE RESPECTIVE
UNIVERSITIES AT THE TIME OF PLAN APPROVAL AND AT THE TIME OF THE
REPORT.
(2) THE OPERATING BUDGET AND TOTAL BUDGET FOR EACH
UNIVERSITY AT THE TIME OF PLAN APPROVAL AND AT THE TIME OF THE
REPORT.
(3) THE ESTIMATED AMOUNT OF EXPENDITURES NEEDED TO SUPPORT
PLAN IMPLEMENTATION AT THE TIME OF PLAN APPROVAL AND THE
CUMULATIVE AMOUNT OF EXPENDITURES MADE TO SUPPORT PLAN
IMPLEMENTATION AT THE TIME OF THE REPORT.
(4) THE APPLICABLE ORGANIZATIONAL CHARTS AT THE TIME OF PLAN
APPROVAL AND AT THE TIME OF THE REPORT.
(5) FULL-TIME ENROLLMENTS AT THE TIME OF PLAN APPROVAL AND
AT THE TIME OF THE REPORT.
(6) GRADUATION OUTCOMES AT THE TIME OF PLAN APPROVAL AND AT
THE TIME OF THE REPORT.
(7) THE COST OF TUITION, ROOM AND BOARD AND FEES AT THE TIME
OF PLAN APPROVAL AND AT THE TIME OF THE REPORT.
(8) THE AVERAGE COST OF ATTENDANCE AT THE TIME OF PLAN
APPROVAL AND AT THE TIME OF THE REPORT.
(9) THE NUMBER OF FACULTY AND NONFACULTY EMPLOYES AT THE
TIME OF PLAN APPROVAL AND AT THE TIME OF THE REPORT.
(10) THE NUMBER OF FACULTY AND NONFACULTY EMPLOYES BY
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LOCATION AT THE TIME OF PLAN APPROVAL AND AT THE TIME OF THE
REPORT.
(11) EACH IMPACT TO FACULTY AND NONFACULTY EMPLOYE STAFFING,
INCLUDING, BUT NOT LIMITED TO, SEPARATIONS, REDUCTIONS IN FORCE,
RECLASSIFICATIONS OF JOB RESPONSIBILITIES OR ROLES OR
REASSIGNMENTS TO OTHER UNIVERSITIES WITHIN THE SYSTEM. THE
NOTIFICATION UNDER THIS PARAGRAPH SHALL INCLUDE AN ESTIMATED
FINANCIAL IMPACT FOR THE CURRENT AND SUBSEQUENT TWO FISCAL
YEARS.
(12) THE FACULTY TO STUDENT RATIO AND THE FACULTY AND
NONFACULTY EMPLOYE TO STUDENT RATIO AT THE TIME OF PLAN APPROVAL
AND AT THE TIME OF THE REPORT.
(13) A LIST OF ACADEMIC PROGRAMS THAT HAVE BEEN TERMINATED
OR CONSOLIDATED AND AN EXPLANATION OF THE REASONS FOR
TERMINATION OR CONSOLIDATION.
(14) A LIST OF NEW ACADEMIC PROGRAMS THAT HAVE BEEN APPROVED
AND AN EXPLANATION OF THE NEED FOR THE PROGRAMS.
(15) THE NUMBER OF ACADEMIC PROGRAMS BY LOCATION AT THE TIME
OF PLAN APPROVAL AND AT THE TIME OF THE REPORT.
(16) A LIST OF PROPERTY THAT IS FOR SALE OR HAS BEEN SOLD
AND THE VALUE OF THE PROCEEDS FROM THE SALE.
(17) A LIST OF ADMINISTRATIVE SERVICE CONSOLIDATIONS AND THE
VALUE OF SAVINGS RESULTING FROM THE CONSOLIDATIONS.
(18) A LIST OUTLINING CONCERNS RELATED TO THE IMPLEMENTATION
OF THE PLAN ON THE COMMUNITY AND AFFILIATED ORGANIZATIONS.
(19) ANY OTHER INFORMATION AS REQUESTED BY THE CHAIRPERSONS
ENUMERATED UNDER THIS SUBSECTION.
(A.8) THE BOARD'S AUTHORITY TO APPROVE A FINAL
IMPLEMENTATION PLAN SHALL EXPIRE THREE YEARS FROM THE EFFECTIVE
DATE OF THIS SUBSECTION.
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(B) EACH OF THE SAID INSTITUTIONS SHALL HEREAFTER BE KNOWN
AS THE (NAME) UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF
HIGHER EDUCATION, EXCEPT FOR INDIANA UNIVERSITY OF PENNSYLVANIA,
WHICH SHALL RETAIN ITS NAME. AS SUCCESSOR INSTITUTIONS TO THE
STATE NORMAL SCHOOLS, APPROPRIATIONS FOR THEIR OPERATION ARE
ORDINARY EXPENSES OF GOVERNMENT, REQUIRING ONLY A MAJORITY VOTE
OF EACH HOUSE OF THE GENERAL ASSEMBLY. THE STATE SYSTEM OF
HIGHER EDUCATION SHALL HAVE THE SAME PREFERRED STATUS FOR
APPROPRIATIONS AS IS ENJOYED BY ITS CONSTITUENT INSTITUTIONS.
STATE FUNDS APPROPRIATED TO THE SYSTEM SHALL BE ALLOCATED TO THE
INDIVIDUAL INSTITUTIONS ON A FORMULA BASED ON, BUT NOT LIMITED
TO, SUCH FACTORS AS ENROLLMENTS, DEGREES GRANTED AND PROGRAMS.
SECTION 3. SECTIONS SECTION 2003-A(A) AND (D) AND 2003-
A.1(D) AND (F) OF THE ACT ARE AMENDED TO READ:
SECTION 2003-A. PURPOSES AND GENERAL POWERS.--(A) THE STATE
SYSTEM OF HIGHER EDUCATION SHALL BE PART OF THE COMMONWEALTH'S
SYSTEM OF HIGHER EDUCATION. ITS PURPOSE SHALL BE TO PROVIDE HIGH
QUALITY EDUCATION AT THE LOWEST POSSIBLE COST TO [THE] STUDENTS.
THE PRIMARY MISSION OF THE SYSTEM IS THE PROVISION OF
INSTRUCTION FOR UNDERGRADUATE AND GRADUATE STUDENTS TO AND
BEYOND THE MASTER'S DEGREE IN THE LIBERAL ARTS AND SCIENCES AND
IN APPLIED FIELDS, INCLUDING THE TEACHING PROFESSION. GRADUATE
INSTRUCTION AT THE DOCTORAL LEVEL, EXCEPT FOR DOCTORAL PROGRAMS
PROVIDED FOR IN THE ACT OF DECEMBER 16, 1965 (P.L.1113, NO.430),
KNOWN AS THE "INDIANA UNIVERSITY OF PENNSYLVANIA ACT," ONLY MAY
BE OFFERED JOINTLY WITH INDIANA UNIVERSITY OR AN INSTITUTION
CHARTERED TO OFFER WORK AT THE DOCTORAL LEVEL. PROGRAMS OF
RESEARCH AND SERVICE MAY BE PROVIDED WHICH ARE APPROVED BY THE
BOARD OF GOVERNORS, AND WHICH ARE CONSISTENT WITH THE PRIMARY
MISSION OF THE SYSTEM. EACH INSTITUTION SHALL PROVIDE
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APPROPRIATE EDUCATIONAL FACILITIES, STUDENT LIVING FACILITIES
AND SUCH OTHER FACILITIES AS DEEMED NECESSARY BY THE BOARD.
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(D) THE SYSTEM MAY [ENTER INTO AN AGREEMENT WITH ANY ENTITY
FOR THE COOPERATIVE USE OF SUPPLIES OR SERVICES.] PARTICIPATE
IN, SPONSOR, CONDUCT OR ADMINISTER COOPERATIVE USE OR PURCHASING
AGREEMENTS. ALL PURCHASES AND AGREEMENTS MADE PURSUANT TO THIS
SUBSECTION SHALL [BE THE RESULT OF A SYSTEM OF COMPETITIVE
BIDDING AND IN ACCORDANCE WITH THE LAWS OF THIS COMMONWEALTH.]
BE MADE IN ACCORDANCE WITH 62 PA.C.S. § 1902 (RELATING TO
COOPERATIVE PURCHASING AUTHORIZED).
SECTION 2003-A.1. PROJECT CONTRACTS.--* * *
[(D) THE POWER AND AUTHORITY GRANTED BY THIS SECTION SHALL
NOT BE EXERCISED BY THE SYSTEM, THE BOARD OR AN INSTITUTION FOR
A PROJECT TO MODIFY, REPAIR OR RENOVATE ANY FACILITY ERECTED BY
THE DEPARTMENT OF GENERAL SERVICES UNLESS PRIOR WRITTEN NOTICE
SETTING FORTH THE NATURE, SCOPE, EXTENT AND DESCRIPTION OF SUCH
PROJECT HAS BEEN GIVEN TO THE DEPARTMENT OF GENERAL SERVICES.]
(F) THE SYSTEM IS AUTHORIZED TO TRANSFER AND CONVEY ANY
EASEMENTS OR LICENSES [NECESSITATED BY ANY CONSTRUCTION PROJECT
WHICH HAS BEEN PREVIOUSLY AUTHORIZED BY THE BOARD] AS NECESSARY.
SECTION 4. SECTION 2004-A(A)(7) AND (B) OF THE ACT ARE
AMENDED, SUBSECTION (A) IS AMENDED BY ADDING A PARAGRAPH AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 2004-A. BOARD OF GOVERNORS.--(A) THE SYSTEM SHALL
BE GOVERNED AND ALL OF ITS CORPORATE POWERS EXERCISED BY THE
BOARD OF GOVERNORS, WHICH SHALL CONSIST OF TWENTY (20) MEMBERS
TO BE APPOINTED AS FOLLOWS:
* * *
(7) [FOURTEEN (14) MEMBERS SHALL BE APPOINTED BY THE
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GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE OF WHICH SIX
(6) SHALL BE SELECTED FROM THE CITIZENS OF THE COMMONWEALTH.
THREE (3) MEMBERS OF THE FOURTEEN (14) SHALL BE STUDENTS WHOSE
TERMS SHALL EXPIRE UPON GRADUATION, SEPARATION OR FAILURE TO
MAINTAIN GOOD ACADEMIC STANDARDS AT THEIR INSTITUTION AND FIVE
(5) OF THE FOURTEEN (14) SHALL BE TRUSTEES OF CONSTITUENT
INSTITUTIONS, HOWEVER, NO MORE THAN ONE TRUSTEE REPRESENTING A
CONSTITUENT INSTITUTION. THE STUDENT MEMBERS SHALL BE SELECTED
FROM THE PRESIDENTS OF THE LOCAL CAMPUS STUDENT GOVERNMENT
ASSOCIATIONS, OR THEIR LOCAL EQUIVALENT.] ELEVEN (11) MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT
OF THE SENATE OF WHICH SIX (6) MEMBERS SHALL BE SELECTED FROM
THE RESIDENTS OF THIS COMMONWEALTH AND FIVE (5) MEMBERS SHALL BE
SELECTED FROM TRUSTEES OF CONSTITUENT INSTITUTIONS, EXCEPT THAT
NO MORE THAN ONE TRUSTEE MAY REPRESENT A CONSTITUENT
INSTITUTION.
(8) THREE (3) OF THE MEMBERS SHALL BE STUDENTS APPOINTED BY
THE BOARD UNDER SECTION 2006-A(A)(17). THE STUDENT MEMBERS SHALL
BE SELECTED WITH THE ADVICE AND CONSENT OF INSTITUTION
PRESIDENTS. A STUDENT'S TERM SHALL EXPIRE UPON GRADUATION,
SEPARATION OR FAILURE TO MAINTAIN GOOD ACADEMIC STANDING AT THE
INSTITUTION IN WHICH THE STUDENT IS ENROLLED.
(B) ALL MEMBERS OF THE BOARD APPOINTED BY THE GOVERNOR[,
EXCEPT FOR THE STUDENTS,] SHALL SERVE FOR TERMS OF FOUR (4)
YEARS. THE GOVERNOR AND SECRETARY OF EDUCATION SHALL SERVE SO
LONG AS THEY CONTINUE IN OFFICE. MEMBERS OF THE BOARD APPOINTED
FROM THE GENERAL ASSEMBLY SHALL SERVE A TERM OF OFFICE
CONCURRENT WITH THEIR RESPECTIVE ELECTIVE TERMS AS MEMBERS OF
THE GENERAL ASSEMBLY.
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(D.1) A STUDENT BOARD MEMBER APPOINTED UNDER SUBSECTION (A)
(8) MAY BE REMOVED BY THE BOARD.
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SECTION 5. SECTION 2005-A(4) OF THE ACT IS AMENDED TO READ:
SECTION 2005-A. THE CHANCELLOR.--THE CHIEF EXECUTIVE OFFICER
OF THE SYSTEM SHALL BE A CHANCELLOR, WHO SHALL BE EMPLOYED BY
THE BOARD IN ACCORDANCE WITH CLAUSE (1) OF SECTION 2006-A. IN
ADDITION TO THOSE PRESCRIBED BY THE BOARD, THE CHANCELLOR SHALL
HAVE THE FOLLOWING DUTIES:
* * *
(4) THE CHANCELLOR SHALL ASSIST THE BOARD IN ITS APPOINTMENT
OF THE PRESIDENTS FOR THE CONSTITUENT INSTITUTIONS BY SUBMITTING
TO THE BOARD THE NAME OR NAMES OF INDIVIDUALS RECOMMENDED BY THE
COUNCIL OF TRUSTEES [OF THE APPROPRIATE CONSTITUENT INSTITUTION
WHO SHALL INVOLVE STUDENTS, FACULTY AND ALUMNI IN THE INTERVIEW
AND SELECTION PROCESS USED TO FORMULATE THEIR RECOMMENDATION].
THE CHANCELLOR SHALL SUBMIT TO THE BOARD THE RECOMMENDED SALARY
AND OTHER PROPOSED TERMS OF EACH SUCH APPOINTMENT. THE BOARD
SHALL HAVE THE RIGHT TO REFUSE THE RECOMMENDATION OF THE LOCAL
COUNCIL AND TO REQUEST THAT ADDITIONAL RECOMMENDATIONS BE
SUBMITTED BY THE COUNCIL.
* * *
SECTION 6. SECTION 2006-A(A) INTRODUCTORY PARAGRAPH, (5),
(14) AND (15) OF THE ACT ARE AMENDED AND THE SUBSECTION IS
AMENDED BY ADDING PARAGRAPHS TO READ:
SECTION 2006-A. POWERS AND DUTIES OF THE BOARD OF
GOVERNORS.--(A) THE BOARD OF GOVERNORS SHALL HAVE OVERALL
RESPONSIBILITY FOR PLANNING AND COORDINATING THE DEVELOPMENT AND
OPERATION OF THE SYSTEM. THE POWERS AND DUTIES OF THE BOARD OF
GOVERNORS SHALL BE:
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(5) TO [CREATE] APPROVE NEW UNDERGRADUATE AND GRADUATE
DEGREE PROGRAMS, WHICH SHALL NOT BE SUBJECT TO THE RULES AND
REGULATIONS OF THE STATE BOARD OF EDUCATION; TO APPROVE
EXTENSION CAMPUSES AND NEW EXTERNAL DEGREE PROGRAMS SUBJECT TO
THE RULES AND REGULATIONS OF THE STATE BOARD OF EDUCATION; TO
PROMOTE COOPERATION AMONG INSTITUTIONS, INCLUDING THE
DEVELOPMENT OF CONSORTIA WITHIN THE SYSTEM AND OTHER EDUCATIONAL
INSTITUTIONS AND AGENCIES.
* * *
(14) TO MAKE ALL REASONABLE [RULES AND REGULATIONS] POLICIES
AND PROCEDURES NECESSARY TO CARRY OUT THE PURPOSES OF THIS
ARTICLE AND THE DUTIES OF THE BOARD.
(15) TO DO AND PERFORM GENERALLY ALL OF THOSE THINGS
NECESSARY AND REQUIRED TO ACCOMPLISH THE ROLE AND OBJECTIVES OF
THE SYSTEM, UNLESS OTHERWISE DELEGATED BY THE BOARD TO THE
CHANCELLOR.
(16) TO REQUIRE INSTITUTIONS TO SHARE SERVICES AND TO
PARTICIPATE IN COLLABORATIONS WHEN THE SYSTEM HAS SHOWN EVIDENCE
IN WRITING OF COST REDUCTIONS AND IMPROVED EFFICIENCIES ACROSS
THE SYSTEM. FOR A NEW, AMENDED OR ALTERED OR ELIMINATED SHARED
SERVICE, COLLABORATION OR CONTRACT SERVICES CONTRACT OR
COLLABORATION, THE INSTITUTION'S COUNCIL OF TRUSTEES MAY REJECT
IT BY A TWO-THIRDS MAJORITY VOTE WITH WRITTEN NOTICE PROVIDED TO
THE BOARD WITHIN TEN (10) DAYS OF THE COUNCIL OF TRUSTEES'
DECISION. THIS PARAGRAPH SHALL NOT BE CONSTRUED TO ALLOW AN
INSTITUTION'S COUNCIL OF TRUSTEES RETROACTIVE DISCRETION OVER A
SHARED SERVICE OR COLLABORATION ALREADY IN EFFECT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
(17) TO APPOINT STUDENT MEMBERS TO THE BOARD AND COUNCILS.
20200HB2171PN4024 - 27 -
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