S1271

An Act concerning public institutions of higher education and amending P.L.2009, c.308.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 20 of P.L.2009, c. 308 (C. 18A:3B-65) is amended to read as follows:

20. a. Subject to the approval of the Secretary of Higher Education, the governing board of a public research university or a State college may establish a branch campus or additional location out-of-State or out-of-country. 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 or additional location out-of-State or out-of-country that will serve at least [500] 100 students of the institution, the board shall submit the plan for the branch campus or additional location to the [commission] secretary for [its] review and [recommendations] approval . The plan shall include:

(1) a description of the higher educational needs of the country or region in which the branch campus or additional location shall be located;

(2) a description of the proposed branch campus or additional location and its proposed programs and curriculum; [and]

(3) an estimate of the cost of establishing and maintaining the branch campus or additional location including the cost of any planned acquisition or construction of facilities;

(4) a commitment that the branch campus or additional location will comply with the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act; and

(5) any other information or data deemed necessary by the [commission] secretary.

b. In developing its response to the plan, the [commission] secretary shall consider whether there is a need for the institution to acquire a branch campus or additional location and whether the institution has the financial capacity to support the campus or location .

c. The secretary may approve the establishment of a branch campus or additional location if the secretary determines that the branch campus or additional location:

(1) serves a compelling State interest;

(2) does not impose excessive costs or reputational risk to the State;

(3) does not impose a risk to the security interests of the State or federal government; and

(4) does not conflict with existing State or federal laws or regulations.

In making the determination, the secretary may utilize the assistance of an external consultant team, solicit comments from interested parties including faculty and members of professional staff not holding faculty rank at the public research university or State college, and conduct a site visit at the proposed site of the branch campus or additional location.

d. The governing board of a public research university or a State college shall fix the salary of all faculty and members of the professional staff not holding faculty rank performing services at a branch campus or additional location, and the faculty and members shall be paid and provided benefits in the same manner as all other employees of the public research university or State college performing services on behalf of the public research university or State college within the State.

e. As used in this section:

“Additional location” means a location, other than a branch campus, that is geographically apart from the main campus and at which the institution offers at least 50 percent of an educational program.

“Branch campus” means a campus which: offers courses in educational programs leading to a degree, certificate, or other recognized educational credentials; has its own faculty and administrative or supervisory organization; and has its own budgetary and hiring authority.

(cf: P.L.2009, c.308, s.20)

2. This act shall take effect immediately.

STATEMENT

Under current law, when the governing board of a public research university or a State college 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 must submit the plan for the branch campus to the Secretary of Higher Education for its review and recommendations.

This bill amends the law to:

· clarify that the provisions of the bill also apply to additional locations, not just branch campuses;

· specify that the board must first gain the approval of the secretary prior to establishing a branch campus or additional location;

· provide that secretary approval is required for a branch campus or additional location that serves at least 100 students instead of at least 500 students;

· require the board’s plan to specify a commitment that the branch campus or additional location will comply with the provisions of the open public records act; and

· provide that the secretary may approve the establishment of a branch campus or additional location if the secretary determines that the branch campus or additional location: serves a compelling State interest; does not impose excessive costs or reputational risk to the State; does not impose a risk to the security interests of the State or federal government; and does not conflict with existing State or federal laws or regulations.

The bill specifies that, in making a determination to approve a branch campus or additional location, the secretary may utilize the assistance of an external consultant team, solicit comments from interested parties including faculty and members of professional staff not holding faculty rank at the public research university or a State college, and conduct a site visit at the proposed site of the branch campus or additional location.

The bill also specifies that faculty and members of the professional staff not holding faculty rank will receive the same salary and benefits as the employees of the institution within the State.