N.J. Stat. § 18A:3B-1 Short title
1. This act shall be known and may be cited as the "Higher Education Restructuring Act of 1994." L.1994,c.48,s.1.
N.J. Stat. tit. 18A, ch. 3B
N.J. Stat. tit. 18A, ch. 3B
in effectN.J. Stat. § 18A:3B-2 Findings, declarations
2. 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.
N.J. Stat. § 18A:3B-3 Definitions.
3. 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; "Council of County Colleges" means the New Jersey Council of County Colleges established pursuant to N.J.S.18A:64A-26; "County college" means an educational institution established by one or more counties, pursuant to chapter 64A of Title 18A of the New Jersey Statutes; "Educational research and services corporation" means a nonprofit corporation whose voting members are public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid; "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, Rowan University, the New Jersey Institute of Technology, Montclair State University, and Kean University; "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; 2012, c.45, s.67; 2015, c.140, s.1; 2017, c.178, s.36; 2021, c.282, s.36.
N.J. Stat. § 18A:3B-4 Department of Higher Education abolished
4. 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.
N.J. Stat. § 18A:3B-5 Termination of offices, terms
5. 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.
N.J. Stat. § 18A:3B-6 Powers, duties of governing boards of institutions of higher education.
6. 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 chapter 64, 64A, 64G, 64E, or 64M of Title 18A of the New Jersey Statutes, P.L.2017, c.178 (C.18A:64N-1 et al.), or P.L.2021, c.282 (C.18A:64O-1 et al.). 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; 2013, c.227, s.1; 2017, c.178, s.37; 2021, c.282, s.37.
N.J. Stat. § 18A:3B-6a Policies, procedures, guidelines relative to student fees.
1. The governing board of a public institution of higher education or a proprietary institution licensed to offer academic degrees shall: a. develop written policies and procedures that establish a system of internal controls over the development and management of mandatory student fees and ensure that these controls are applied consistently. The written policies shall define who is responsible for the assessment or adjustment of the mandatory student fees, and shall include guidelines for monitoring whether mandatory student fee revenue is used efficiently and for the intended purpose; b. assess each of the institution's mandatory student fees individually and document the criteria and justification for any adjustments made to the fees. For each mandatory student fee the documentation shall include, at a minimum, the purpose of the student fee, the criteria used to determine its rate, the projected mandatory fee revenue, and the appropriate use of the revenue; c. establish separate funds in the institution's budget for each individual mandatory student fee to promote transparency of fee revenue and expenditures; d. implement accounting procedures that establish a process to accurately identify transactions related to mandatory student fee activity and the expenditures related to each of the mandatory student fees; and e. include in the institution's description of its mandatory student fees, all uses of the fee monies including salaries. L.2019, c.201, s.1.
N.J. Stat. § 18A:3b-6B Financial aid "shopping sheet."
2. a. A public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall provide a financial aid "shopping sheet" to each prospective student as part of the institution's financial aid offer to that student. The purpose of the shopping sheet shall be to provide prospective students and their families with clear information on the costs, loan options, and estimated debt that the student will incur in attending the institution, and to allow students and families to easily evaluate and compare financial aid packages from different institutions. The institution shall also provide a shopping sheet annually to each student enrolled in the institution to ensure that returning students and their families understand their annual costs, loan options, and estimated debt to be incurred. b. The Secretary of Higher Education shall prescribe a model format for the shopping sheet required by subsection a. of this section. Each public or independent institution of higher education or proprietary institution licensed to offer academic degrees shall utilize either the model format developed by the secretary or the most current financial aid shopping sheet developed by the United States Department of Education or the Consumer Financial Protection Bureau. The model shopping sheet prescribed by the secretary shall include, at a minimum, the following information: (1) the total cost for one year of attendance at the institution, including tuition, student fees, room and board, books and materials, and transportation and other educational costs; (2) the total amount per year of grants and scholarships awarded to that student, including any grants and scholarships from the institution, federal grants, State grants, or other scholarships; (3) the total net amount the student will owe for one year of attendance at the institution, after taking into account any grants and scholarships; (4) the total amount per year of student loans and work study funds that the student is eligible for, broken down by federal Perkins loans, federal Direct Subsidized loans, federal Direct Unsubsidized loans, and federal, State, or institutional work study funds; (5) the median borrowing in federal loans for undergraduate study at the institution and the average monthly payment over 10 years for this amount; (6) the percentage of students from the institution who defaulted on their student loans; and (7) in the case of a county college or a proprietary institution licensed to offer associate degrees, the percentage of students at the college or institution who graduate within three years as compared to the average rate at other county colleges or proprietary institutions as applicable, and in the case of a four-year institution of higher education or a proprietary institution licensed to offer baccalaureate degrees, the percentage of students at the institution who graduate within six years as compared to the average rate at other four-year public or independent institutions of higher education or other proprietary institutions as applicable. c. The secretary, in developing the model format for the shopping sheet, shall consider any sample or model formats for a financial aid shopping sheet developed by the United States Department of Education or the Consumer Financial Protection Bureau. L.2019, c.201, s.2; amended 2021, c.211.
N.J. Stat. § 18A:3B-6c Financial aid award letter, consistent with financial aid shopping sheet, higher education.
1. a. In the event that a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees provides a financial aid award letter to a student, the financial aid award letter shall: (1) be presented in a manner, and in such language, that is substantially similar to that which is used in, and uses terms as defined in, the financial aid shopping sheet provided to students pursuant to section 2 of P.L.2019, c.201 (C.18A:3B-6b); (2) clearly display the estimated net cost to attend the institution; (3) clearly differentiate a student's eligibility for loans from a student's eligibility for other forms of financial aid, including grants and scholarships; and (4) include a clear statement that the acceptance or declination of one or more loan offers shall not impact a student's eligibility for any other grants or scholarships detailed in the student's financial aid award letter. b. A student enrolled in a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall be ineligible to receive any form of student assistance from the State, including grants, scholarships, and loans, in the event that the institution or school fails to meet the requirements established pursuant to subsection a. of this section, as determined by the Secretary of Higher Education. Prior to revoking eligibility for student assistance from the State to a student enrolled in an institution that fails to meet the requirements established pursuant to subsection a. of this section, the secretary shall provide that institution with an opportunity to come into compliance with the requirements. Nothing in this subsection shall be construed to prohibit a student from receiving any form of student assistance from the State for which the student is eligible at a different institution of higher education or proprietary institution licensed to offer academic degrees. L.2022, c.127.
N.J. Stat. § 18A:3B-6.1 Educational research and service corporation.
2. a. The governing board of a public research university or a State college may join with other public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid, to form an educational research and services corporation to be operated exclusively for charitable, scientific, and educational purposes, within the meaning of paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501). b. (1) An educational research and services corporation may act as a lead agency or contracting unit for the procurement of goods or services concerning educational technology systems and related services by those entities comprising the educational and research services corporation. (2) An educational research and services corporation shall be deemed a local unit for the purposes of the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) and may act as a lead agency or contracting unit for the procurement of goods or services concerning educational technology systems and related services by municipalities, fire districts, counties, local authorities subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), school districts, county colleges, State colleges, public research universities, nonprofit independent institutions of higher education that receive direct State aid, or any combination of those entities. c. An educational research and services corporation formed under P.L.2015, c.140, shall be subject to all applicable requirements under all applicable State and local procurement laws, including, but not limited to, section 1 of P.L.1977, c.33 (C.52:25-24.2), P.L.2012, c.25 (C.52:32-55 et seq.), and P.L.2005, c.51 (C.19:44A-20.13 et seq.). L.2015, c.140, s.2.
N.J. Stat. § 18A:3B-6.2 Regulation of purchase of certain real property by representative of public institution of higher education.
1. a. The president or any other officer or employee of a public institution of higher education shall not take final action on behalf of the institution for the purchase of real property the cost of which is equal to or greater than the amount set forth in paragraph (1) of subsection b. of section 10 of P.L.2007, c.52 (C.52:15C-10), unless the president or other officer or employee notifies the governing board of the institution and the general counsel of the institution of the proposed action and the governing board approves the final action. Final action shall not include any ministerial of non-substantive changes made to a contract subsequent to the governing board's approval, or any action that falls within the authority previously granted to the president or any other officer or a board trustee by the governing board. b. The public institution of higher education shall submit a report to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Secretary of Higher Education, and the State Comptroller, on the purchase of real property the cost of which is equal to or greater than the amount set forth in paragraph (1) of subsection b. of section 10 of P.L.2007, c.52 (C.52:15C-10). The report shall be filed within five days following the submission of the institution's binding offer to the seller for the purchase of the real property. The report shall be in addition to any notice of award or notice of the commencement of any procurement process that is required to be provided to the State Comptroller in accordance with section 10 of P.L.2007, c.52 (C.52:15C-10).
c. Nothing in this act shall be construed to compel any action on the part of a public institution of higher education that is governed pursuant to N.J.S.18A:65-1 et seq. L.2017, c.30, s.1.
N.J. Stat. § 18A:3B-6.3 Required training program for governing board member of public institution.
1. a. As a condition of serving as a member of the governing board of a public institution of higher education, a person shall be required to complete a training program developed by that institution in consultation with the Secretary of Higher Education that is designed to clarify the roles and duties of a governing board member. b. The training shall be completed no later than one year after the date that the person is appointed as a member of the governing board of a public institution of higher education; except that a person who serves as a member of a governing board prior to the effective date of this act shall not be required to complete the training. c. The institution, in consultation with the secretary, shall: (1) prescribe the subject matter of the training which shall include, but need not be limited to, governance responsibilities, ethical standards, due diligence, the requirements of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), and P.L.1963, c.73 (C.47:1A-1 et seq.), issues associated with laws on privacy, board member fiduciary responsibilities, and a review of the types of financial, organizational, legal, and regulatory issues that a member of a governing board may be required to consider in the course of discharging the member's governance responsibilities; (2) provide the training directly or arrange for, or specify, the entity or entities to provide the training. In the case of a county college, the secretary shall designate the New Jersey Council of County Colleges to provide the training; (3) conduct a periodic review of the prescribed subject matter of the training to insure that the training includes information on relevant changes to State or federal law and other information deemed necessary to enable governing board members to serve effectively; (4) certify completion of the training for each governing board member upon receipt of documentation thereof, as provided on a form and in a manner prescribed by the secretary, or otherwise arrange for certification by the training entity; and (5) take other such actions as the secretary determines appropriate to effectuate the purposes of this act. L.2021, c.250, s.1.
N.J. Stat. § 18A:3B-6.4 Rules, regulations.
3. The Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.2021, c.250, s.3.
N.J. Stat. § 18A:3B-6.5 Cooperative pricing system, governing board authority; definitions.
11. a. (1) The governing board of a public institution of higher education may by resolution establish a cooperative pricing system with the governing boards of other public institutions of higher education. (2) A lead agency shall procure goods and services through a cooperative pricing system using a master contract. A master contract shall be secured in accordance with all applicable State contracting and procurement laws. (3) A participating contracting unit may use the master contract during the contract period to procure goods or services of the same specification, quality, and price as that contained in the master contract with the lead agency. b. No vendor shall be required to extend bid prices to participating contracting units in a cooperative pricing system unless so specified in the bids. c. As used in this section: "Cooperative pricing system" means a purchasing system in which one public institution of higher education acts as the lead agency in establishing a master contract with a vendor for the provision of goods or services and through which other public institutions of higher education may subsequently procure goods or services using the master contract. "Lead agency" means a public institution of higher education that enters into a master contract under a cooperative pricing system pursuant to the provisions of this section. "Participating contracting unit" means a public institution of higher education, other than the lead agency, that procures goods or services from a vendor using a master contract. L.2021, c.417, s.11.
N.J. Stat. § 18A:3B-7 "New Jersey Presidents' Council" established.
7. 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.
N.J. Stat. § 18A:3B-8 Responsibilities of council.
8. 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 Secretary of Higher Education concerning proposals for new programs that exceed the programmatic mission of an institution or that change the programmatic mission of an institution; c. review proposals for new programs that do not exceed the programmatic mission of the institution or require a change in the programmatic mission, according to standards established by the secretary through regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for the following: (1) sufficient academic quality; (2) sufficient evidence of labor market demand for the program; (3) duplication with comparable programs of study in the State; and (4) whether the proposed new program will require significant additional State resources. If the council determines according to the review standards set by the secretary that a proposed new program may be of insufficient academic quality, may lack sufficient evidence of labor market demand, may be duplicative of comparable programs of study, or may be unduly expensive to the State, the council shall refer that proposal to the secretary for review pursuant to subsection f. of section 14 of P.L.1994, c.48 (C.18A:3B-14); 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 secretary 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 secretary 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 secretary a general budget policy statement regarding overall State funding levels; i. upon referral from the secretary 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; 2021, c.27, s.1.
N.J. Stat. § 18A:3B-9 Powers of council
9. 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.
N.J. Stat. § 18A:3B-10 Funding necessary expenses of council
10. 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.
N.J. Stat. § 18A:3B-11 Organization of council, selection of officers
11. 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.
N.J. Stat. § 18A:3B-12 Executive board.
12. a. There shall be established an executive board which performs such duties as determined by the council. The executive board shall be composed of 17 members as follows: The president of Rutgers, The State University; The president of New Jersey Institute of Technology; The president of Rowan University; The president of Montclair State University; The president of Kean University; 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 Rowan University, the president of New Jersey Institute of Technology, the president of Montclair State University, and the president of Kean University; 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; 2012, c.45, s.68; 2017, c.178, s.38; 2021, c.282, s.38.
N.J. Stat. § 18A:3B-13 New Jersey Commission on Higher Education.
13. 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.
N.J. Stat. § 18A:3B-14 Responsibilities of Secretary of Higher Education.
14. The Secretary of Higher Education 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. Within 180 days of the effective date of P.L.2015, c.91 and, at a minimum, every seven years thereafter, the secretary shall adopt a new comprehensive master plan. The council may request the secretary to conduct a study of a particular issue. The secretary may require from institutions of higher education such reports or other information as may be necessary to enable the secretary to perform his 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 secretary 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 secretary 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 by the council, the secretary may deny approval of programs proposed by institutions of higher education which do not exceed the programmatic mission of the institution, but which may be of insufficient academic quality, may lack sufficient evidence of labor market demand, may be duplicative of comparable programs of study, or may be unduly expensive to the State as determined by the New Jersey Presidents' Council according to the review standards set by the secretary ; 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 secretary upon warrant of the director of the Office of Management and Budget in the Department of the Treasury on vouchers certified by the secretary; j. acting as the lead agent of communication with the federal government concerning higher education issues, except that the Higher Education Student Assistance Authority shall act, in cooperation with the secretary, 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, 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; 2015, c.91, s.1; 2021, c.27, s.2.
N.J. Stat. § 18A:3B-14.1 Dissemination of fire safety information by N.J. institutions of higher education.
1. a. Every public and independent institution of higher education within the State shall disseminate fire safety information about their facilities to students, or, if the student is a minor, to both the student and parent or guardian, upon initial enrollment. Public and independent institutions of higher education shall also disseminate fire safety information about their facilities to all employees upon initial employment. The information shall include, but is not limited to, information on sprinkler systems, evacuation plans and other fire safety measures. b. The Commission on Higher Education, in consultation with the Division of Fire Safety in the Department of Community Affairs, shall develop guidelines to implement subsection a. of this section, including the identification of other pertinent fire safety information to be disseminated and the appropriate means of disseminating the fire safety information to students, parents or guardians, and employees. L.2011, c.6, s.1.
N.J. Stat. § 18A:3B-14.2 Powers and duties of secretary.
22. The Secretary of Higher Education shall exercise all the powers and duties previously exercised by the Commission on Higher Education under the "Higher Education Equipment Leasing Fund Act," P.L.1993, c.136 (C.18A:72A-40 et seq.), the "Higher Education Facilities Trust Fund Act," P.L.1993, c.375 (C.18A:72A-49 et seq.), the "Higher Education Technology Infrastructure Fund Act," P.L.1997, c.238 (C.18A:72A-59 et seq.), and the "Higher Education Capital Improvement Fund Act," P.L.1999, c.217 (C.18A:72A-72 et seq.). L.2012, c.42, s.22 (formerly 18A:3B-34.1, recodified July 2025).
N.J. Stat. § 18A:3B-14.3 "30 Credits Per Year to Finish" communication campaign.
1. a. The Secretary of Higher Education, in consultation with public and independent institutions of higher education, shall establish a Statewide "30 Credits Per Year to Finish" communication campaign. The purpose of the campaign shall be to raise awareness among students and their families that a student should take no less than 30 credits per year to graduate within two years in the case of an associate degree or within four years in the case of a baccalaureate degree. The communication campaign shall: (1) make use of a variety of marketing media including billboards, brochures, and electronic resources; and (2) reach students directly during course registration for the academic semester. b. Each public and independent institution of higher education shall annually report to the secretary on the strategies employed and the incentives provided by the institution to encourage students to enroll in no less than 30 credits per year. The secretary shall share the information on the reported strategies and incentives among the institutions. L.2018, c.92, s.1 (formerly 18A:3B-34.2, recodified July 2025).
N.J. Stat. § 18A:3B-14.4 Joint dual degree admission agreements, institutions of higher education.
11. In order to strengthen and expand the preschool workforce, the Secretary of Higher Education shall develop guidance encouraging two- and four-year public institutions of higher education to enter into joint dual degree admission agreements that require all credits earned toward Early Childhood Associate of Arts or Associate of Science degrees to be fully transferable and applicable to course requirements for educator preparation programs at four-year institutions of higher education. L.2025, c.100, s.11.
N.J. Stat. § 18A:3B-15 Rules, regulations.
15. The secretary 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. L.1994, c.48, s.15; amended 2021, c.27, s.3.
N.J. Stat. § 18A:3B-16 Report to Legislature, Governor
16. 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.
N.J. Stat. § 18A:3B-19 Educational Opportunity Fund transferred
19. 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.
N.J. Stat. § 18A:3B-21 Educational Facilities Authority transferred.
21. 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.
N.J. Stat. § 18A:3B-22 State Board of Higher Education project approval transferred
22. 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.
N.J. Stat. § 18A:3B-23 State Board of Higher Education equipment purchase, allocation of funds transferred
23. 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.
N.J. Stat. § 18A:3B-24 Equipment purchase, allocation of funds under C.18A:72A-49 et seq. transferred
24. 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.
N.J. Stat. § 18A:3B-25 Functions, powers, duties under P.L.1984, c.99 transferred
25. 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.
N.J. Stat. § 18A:3B-26 Construction of act in regard to Rutgers, The State University
26. 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.
N.J. Stat. § 18A:3B-27 Allocation of institutions to Department of State
27. 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.
N.J. Stat. § 18A:3B-28 Construction of act
28. 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.
N.J. Stat. § 18A:3B-29 Disposition of petitions, controversies, disputes
29. 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.
N.J. Stat. § 18A:3B-30 Responsibility for action to implement act
30. 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.
N.J. Stat. § 18A:3B-31 Interim, comprehensive reports to Governor, Legislature
31. 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.
N.J. Stat. § 18A:3B-32 Exercise of powers conferred in act
32. 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.
N.J. Stat. § 18A:3B-33 Participation in alternate benefits program continued
33. 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.
N.J. Stat. § 18A:3B-34 Powers of Secretary of Higher Education.
301. 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.
N.J. Stat. § 18A:3B-35 Annual report by institution of higher education.
305. 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.
N.J. Stat. § 18A:3B-36 Specific enabling legislation required for reorganization transfer
306. 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.
N.J. Stat. § 18A:3B-37 Alternate opportunity to take test, examination, attend or register for class due to religious observance.
1. a. 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. b. An institution of higher education shall provide any student who, for reason of a religious observance, cannot attend class on a day when any type of assignment is due including, but not limited to, papers, presentations, or group assignments, with an alternative opportunity to complete the assignment. The alternative opportunity shall be offered as soon after or before the regular due date of the assignment 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. The institution shall not impose any type of penalty on a student who is unable to attend class for reason of a religious observance. c. An institution of higher education shall provide any student who, for reason of a religious observance, is unable to register for courses on a day when students are eligible to participate in course registration with an alternative opportunity to register for courses. The alternative opportunity shall be offered as soon after or before the regular date of course registration 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; amended 2018, c.148, s.1.
N.J. Stat. § 18A:3B-38 "Standardized test" defined; alternate administration of tests offered.
2. 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.
N.J. Stat. § 18A:3B-39 Long-range facilities plan.
42. 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.
N.J. Stat. § 18A:3B-40 Network to propose, develop economic development policies, programs.
46. 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.
N.J. Stat. § 18A:3B-41 Short title.
1. This act shall be known and may be cited as the "Troops to College Act." L.2009, c.125, s.1.
N.J. Stat. § 18A:3B-42 Troops to College Grant Program.
2. a. The Secretary of 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 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 secretary 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 institutions of higher education; and (2) information on the array of programs and services available to veterans at each of the institutions of higher education. c. The secretary, in consultation with the department, shall establish a Troops to College Grant Program. Under the program, the secretary shall annually select up to three institutions of higher education to receive a $150,000 Troops to College grant. In order to receive a grant, an institution shall demonstrate that it is providing a comprehensive array of services, benefits, and programs for veterans attending the institution. In awarding a grant to an institution, the secretary shall consider the following factors: (1) the total number of self-reporting veterans enrolled in the institution; (2) the existence of a veterans' affairs office at the institution and the number of staff assigned to the office; (3) whether the institution has entered into the Department of Defense Voluntary Education Partnership Memorandum of Understanding; (4) whether the institution's tuition and fees are at or below the minimum limits established by the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.); (5) whether the institution participates in the Yellow Ribbon Program of the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.); (6) whether the institution waives its application fee and offers priority registration to veterans; (7) the level of academic and staff support provided to veterans enrolled in the institution; (8) the number and type of extracurricular activities designed for and offered to veterans enrolled in the institution; (9) the amount of institutional funds allocated to support veterans enrolled in the institution, including the number of scholarships offered to veteran students; (10) whether the institution offers veteran housing or provides an area on campus where veteran students may meet and discuss issues of common interest; (11) the course completion rate of self-reporting veterans enrolled in the institution; (12) the institution's retention and graduation rates for self-reporting veterans enrolled in the institution; (13) the student loan default rate for self-reporting veterans enrolled in the institution; and (14) the employment and salary status of self-reporting veterans six years following graduation from the institution. L.2009, c.125, s.2; amended 2021, c.176.
N.J. Stat. § 18A:3B-42a Credit for student's military experience.
1. a. Each public and independent institution of higher education, after taking into account and giving due consideration to the credit recommendation of the American Council on Education, shall accept and apply towards an undergraduate degree program appropriate credit for a student's military experience, following an evaluation and determination by the institution that the credits are in alignment with appropriate courses and correspond to the degree being pursued at the institution. The institution may award a maximum of 30 credits for military experience towards an undergraduate degree to a student enrolled in the institution. Each public and independent institution of higher education, after taking into account and giving due consideration to the credit recommendation of the American Council on Education, shall accept and apply towards a graduate degree program appropriate credit for a student's military experience, following an evaluation and determination by the institution that the credits are in alignment with appropriate courses and correspond to the degree being pursued at the institution. The institution may award a maximum of 12 credits for military experience towards a graduate degree to a student enrolled in the institution. The credit recommendation of the American Council on Education represents college-level equivalencies based on a review of workforce training, military training or occupations, and other sources of learning outside the college classroom. b. Nothing in this section shall be construed to require any public or independent institution of higher education to admit a student or to waive its admission standards and application procedures. c. Nothing in this section shall be construed to prohibit a public or independent institution from accepting and applying towards a degree program more than 30 undergraduate degree credits, or 12 graduate degree credits, for a student's military experience should the institution choose to take such action. L.2019, c.327, s.1.
N.J. Stat. § 18A:3B-42b Higher education student, academic credit earned for each poll worker shift; program guidelines developed.
1. a. The Secretary of Higher Education, in consultation with the Director of the Division of Elections in the Department of State, shall develop guidelines for a program to allow a student enrolled in an institution of higher education to earn academic credit for an undergraduate degree program for each full shift that the student serves as a poll worker during an election held in the State. b. An institution of higher education may award and apply towards an undergraduate degree program academic credit to an enrolled student for each full shift of service that the student serves as a poll worker during an election held in the State. An institution that determines to allow a student to receive academic credit for service as a poll worker, following an evaluation and determination by the institution that the credit is in alignment with the educational and programmatic mission of the institution, shall comply with the guidelines developed pursuant to subsection a. of this section. c. This section shall not be construed to prohibit the student from receiving pay commensurate with other poll workers not receiving academic credit. Neither the program nor any participating institution of higher education shall require that the student forego such pay in order to receive academic credit. L.2022, c.40.
N.J. Stat. § 18A:3B-42.1 Aviation grant program, higher education, Unmanned Aircraft Systems Collegiate Training Initiative participants .
4. a. The Secretary of Higher Education shall, in consultation with the Department of Labor and Workforce Development and any other State agencies as deemed appropriate by the secretary, establish a program to provide aviation grants to public institutions of higher education which participate in the federal Unmanned Aircraft Systems Collegiate Training Initiative established pursuant to section 631 of the FAA Reauthorization Act of 2018. The purposes of the program shall be to award grants to public institutions of higher education to: (1) support an institution of higher education’s participation in the federal Unmanned Aircraft Systems Collegiate Training Initiative established pursuant to section 631 of the FAA Reauthorization Act of 2018; (2) support the establishment of a Center for the Study of Unidentified Aerial Phenomena; (3) facilitate the establishment of non-engineering aviation degrees which teach basic courses in air traffic control and aviation administration; and (4) encourage an institution of higher education to join the Federal Aviation Administration’s Air Traffic-Collegiate Training Initiatives Program. b. The secretary shall determine the allowable uses for grant funds prior to accepting applications to participate in the program and shall describe the allowable uses in a notice of grant opportunity. c. A public institution of higher education seeking to participate in the program shall submit an application to the secretary in a form and manner prescribed by the secretary. The application shall include: (1) confirmation of the institution’s active participation in, or planned participation in, the federal Unmanned Aircraft Systems Collegiate Training Initiative; (2) the institution’s capacity to support a Center for the Study of Unidentified Aerial Phenomena; (3) whether the institution offers non-engineering aviation degrees that include instruction in air traffic control and aviation administration, or has any plans to establish these degree programs; (4) whether the institution participates in, or plans to participate in, the federal Aviation Administration’s Air Traffic-Collegiate Training Initiatives Program; and (5) any other information the secretary deems necessary. d. The secretary shall make the application available no later than 120 days following the effective date of P.L.2025, c.269 (C.18A:71C-93 et al.). e. After reviewing the applications submitted pursuant to subsection c. of this section, the secretary shall select one or more public institutions of higher education to participate in the program. The secretary shall give preference to an institution of higher education located in a county of the first class. The secretary shall award on an annual basis a total of $2,500,000 in grants to public institutions of higher education pursuant to this section. f. In addition to the funds appropriated to the program pursuant to P.L.2025, c.269 (C.18A:71C-93 et al.), the secretary may accept and allocate funds made available to the program by contribution, gift, donation, or any other sources for the purpose of the program. L.2025, c.269, s.4.
N.J. Stat. § 18A:3B-43 Short title.
1. 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.
N.J. Stat. § 18A:3B-43.1 Findings, declarations relevant to student loan borrower demographics.
1. The Legislature finds and declares that: a. According to the Institute for College Access & Success, New Jersey ranks in the top five states nationally for student loan debt amounts, with the average graduate leaving college approximately $34,000 in debt; b. Despite New Jersey students graduating with significant debt, there is insufficient publicly-available demographic information on the State's over one million student loan borrowers; c. The demographic information that is available, however, shows significant racial disparities in student loan outcomes. Borrowers in New Jersey's communities of color face default rates two-to-five times higher than white borrowers in the State; d. Even after factoring in financial aid, the average price of attendance at New Jersey's four-year public institutions of higher education represents about one-third of household income for the State's Black and Latino families, compared to just 17 percent of the State's white families; e. Stark differences in family wealth in New Jersey have resulted in enormous disparities for students based on race and ethnicity relating to their financial need for college and their ability to pay off student loans; f. The development and implementation of informed policy to understand and address issues related to student loan debt, including related racial disparities in outcomes, requires access to reliable State-level data on how borrowers experience their debt burden; and g. Expanding data collection and dissemination of information is crucial for understanding the extent of the burgeoning student debt crisis in particular communities in the State and for developing policies that prioritize equity in loan outcomes for borrowers. L. 2021, c.349, s.1.
N.J. Stat. § 18A:3B-44 Information provided by certain colleges, universities.
2. a. An 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, if applicable: (1) overall three-year, four-year, and six-year graduation rates, as applicable; (2) three-year, four-year, and six-year graduation rates by demographic group, as applicable; (3) three-year, four-year, and six-year graduation rates by major, as applicable; (4) three-year, four-year, and six-year graduation rates for student-athletes, as applicable; (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) for four-year institutions of higher education, 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) for four-year institutions of higher education, 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 two-year and four-year graduates for both students who live on campus and students who commute, as applicable. The institution shall disaggregate the data by: race, ethnicity, age, family income at the time of admission, gender, and first-generation status; (13) average student loan indebtedness of three-year and six-year graduates for both students who live on campus and students who commute, as applicable. The institution shall disaggregate the data by: race, ethnicity, age, family income at the time of admission, gender, and first-generation status; (14) average student loan indebtedness of a student who transfers or withdraws from the institution prior to the completion of a degree program for both students who live on campus and who commute. The institution shall disaggregate the data by: race, ethnicity, age, family income at the time of admission, gender, and first-generation status; (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; (17) an indicator of each academic department's capacity to serve the students majoring within that department's programs, as determined by the Secretary of Higher Education; and (18) the number and percentage of borrowers for whom the institution has certified a supplemental student loan, disaggregated by race, ethnicity, age, family income at the time of admission, gender, and first-generation status. 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. An institution of higher education shall conform to the guidelines, criteria, and format prescribed by the Secretary of Higher Education in reporting the information required pursuant to this section. c. An institution of higher education shall submit its student consumer information report to the Secretary of Higher Education for inclusion in a comparative profile of the student consumer information reports of all institutions of higher education. In addition to the information contained in the institutional student consumer information reports pursuant to this section, the comparative profile shall identify the existence of any racial disparities in student loan indebtedness and loan default rates. d. An 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 Secretary of Higher Education's Internet site that includes the comparative profile required pursuant to subsection b. of section 3 of this act. e. An 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. An 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; amended 2021, c.349, s.2.
N.J. Stat. § 18A:3B-45 Guidelines, criteria for collection, calculation of information.
3. a. The Secretary of 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 Secretary of 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 secretary 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; amended 2021, c.349, s.3.
N.J. Stat. § 18A:3B-45a Time-to-degree completion reported on website, student outcomes, higher education.
1. a. As used in this section, “time-to-degree completion” means the time elapsed between the student’s initial enrollment in a four-year public institution of higher education and the degree conferral date. b. A four-year public institution of higher education shall provide for inspection on its website the average time-to-degree completion for each baccalaureate degree awarded by the institution. c. A county college shall provide for inspection on its website an appropriate measure of student outcomes, as determined by the Secretary of Higher Education, in consultation with the New Jersey Council of County Colleges, for each associate degree awarded by the institution. L.2025, c.161, s.1.
N.J. Stat. § 18A:3B-45.1 Performance quality standard, established, Secretary of Higher Education; career-oriented programs of study; rules, regulations.
1. a. As used in this section, "career-oriented program of study" means a program that provides occupation-specific knowledge and technical skill proficiency that culminates in the attainment of a license for a specific occupation or is represented by the institution as preparing students for employment in a specific occupation. "Career-oriented program of study" shall not include a program dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion. b. Within 12 months of the effective date of P.L.2022, c.76 (C.18A:3B-45.1 et al.), the Secretary of Higher Education shall establish a performance quality standard for career-oriented programs of study offered by institutions of higher education and degree-granting proprietary institutions. In establishing the standard, the secretary shall consider the ratio of the tuition and fees charged to students in the career-oriented program net of any institutional grant aid to the average earnings of New Jersey workers employed in the specific occupation for which the career-oriented program prepares students. c. The secretary shall ensure that career-oriented programs of study offered by institutions of higher education and degree-granting proprietary institutions meet a minimum acceptable level of performance, as determined by the secretary. In the event that the secretary determines that a program does not meet the minimum acceptable level of performance, the secretary shall suspend or terminate that program and take additional action to suspend or revoke the institution's license to award academic degrees. d. An institution of higher education or degree-granting proprietary institution shall submit to the secretary the clear identification of the institution's career-oriented programs of study in a form and in a manner as determined by the secretary. e. The secretary shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this section. L.2022, c.76, s.1.
N.J. Stat. § 18A:3B-46 Definitions relative to structure and fiscal management of higher education.
1. 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, Rowan University, the New Jersey Institute of Technology, Montclair State University, and Kean University; "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; amended 2012, c.45, s.69; 2017, c.178, s.39; 2021, c.282, s.39.
N.J. Stat. § 18A:3B-47 Secretary of Higher Education.
2. 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.
N.J. Stat. § 18A:3B-48 Audit committee.
3. 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.
N.J. Stat. § 18A:3B-49 Internal auditor.
4. 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.
N.J. Stat. § 18A:3B-50 Independent outside auditor.
5. 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.
N.J. Stat. § 18A:3B-51 Submission of audit to commission.
6. 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.
N.J. Stat. § 18A:3B-52 Policies, procedures for reports of wrongdoing, confidentiality.
7. 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.
N.J. Stat. § 18A:3B-53 Recommendations for penalties for noncompliance.
8. 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.
N.J. Stat. § 18A:3B-53.1 Definitions.
1. As used in this act: "Financial instability" means a finding of instability on the financial condition of a public institution of higher education by the Secretary of Higher Education, upon consideration of a set of comprehensive financial responsibility metrics that may include, but shall not be limited to, the institution's: Composite Financial Index score; debt to liquidity ratios; audit reports; days cash-on-hand; financial reserves; tuition reliance; debt covenant compliance; credit rating; debt capacity; and cost control for expenses and revenues. "Public institution of higher education" means the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes, Rutgers, The State University, New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, all county colleges, and any other public university or college now or hereafter established or authorized by law. L.2023, c.115, s.1.
N.J. Stat. § 18A:3B-53.2 Annual fiscal monitoring report, Secretary of Higher Education.
2. In addition to submitting the annual audit pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51), a public institution of higher education shall submit an annual fiscal monitoring report to the Office of the Secretary of Higher Education according to a schedule and in a format established by the secretary. L.2023, c.115, s.2.
N.J. Stat. § 18A:3B-53.3 Comprehensive, fiscal, governance operations audit, Secretary of Higher Education, discretion.
3. a. Pursuant to a schedule established by the secretary, a public institution of higher education shall undergo a comprehensive audit. The secretary shall facilitate the audit which shall examine the institution's fiscal and governance operations. b. In addition to the scheduled comprehensive audit established by subsection a. of this section, the Secretary may direct a comprehensive audit of an institution's fiscal and governance operations at any time if the secretary determines that conditions may exist within the institution that significantly or negatively impact an institution's operations. L.2023, c.115, s.3.
N.J. Stat. § 18A:3B-53.3a Annual fiscal monitoring report, audit published on website, higher education.
2. a. A public institution of higher education shall provide for public inspection on its website a copy of the institution’s annual fiscal monitoring report submitted pursuant to section 2 of P.L.2023, c.115 (C.18A:3B-53.2); a copy of any comprehensive audit completed pursuant to section 3 of P.L.2023, c.115 (C.18A:3B-53.3); and, as applicable, a copy of the institution’s annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51). b. An institution shall annually submit a direct website link of the information required pursuant to subsection a. of this section to the Secretary of Higher Education. c. An institution shall post on its website a summary of the information required pursuant to subsection a. of this section for the public that is clear, simple, and understandable. L.2025, c.161, s.2.
N.J. Stat. § 18A:3B-53.4 Secretary of Higher Education, State monitor, direct oversight, authority; conditions.
4. a. Notwithstanding any other provision of law to the contrary, the secretary shall have the authority to appoint a State monitor and additional staff as necessary, to provide direct oversight of a public institution of higher education's fiscal and governance operations if the institution meets the following criteria: (1) the fiscal monitoring report or comprehensive audit submitted pursuant to sections 2 and 3 of this act includes a finding of financial instability of the institution, as determined by the secretary; (2) the institution receives an adverse or a disclaimer opinion by its independent auditor in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51); or (3) the institution meets any two of the following criteria: (a) the institution ends the fiscal year with a deficit balance as calculated for budgetary purposes in the general fund, special revenue fund, or capital projects fund, with the exception of a capital projects fund deficit caused by the issuance of bond anticipation notes; (b) the institution fails to develop and implement a plan acceptable to the secretary, or the secretary's designee, to address a deficit balance in the general fund, special revenue fund, or capital projects fund, with the exception of a capital projects fund deficit caused by the issuance of bond anticipation notes; (c) the institution receives a qualified opinion by its annual auditor in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51) or the fiscal monitoring report submitted pursuant to section 2 of this act; (d) the institution receives an adverse, disclaimer, or qualified opinion by its independent auditor under the single audit section for State or federal awards in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51) or the fiscal monitoring report submitted pursuant to section 2 of this act; (e) the institution receives any audit findings by its independent auditor identified as material weaknesses in internal controls in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51); (f) the institution fails to implement a plan from the prior fiscal year which causes any findings from the independent auditor to be repeated; (g) the institution fails to submit the annual audit required by section 6 of P.L.2009, c.308 (C.18A:3B-51) or the fiscal monitoring report required by section 2 of this act; or (h) the institution fails to comply with the timely training of governing board members as required by section 17 of P.L.2009, c.308 (C.18A:3B-62) or any other State laws or regulations. b. A State monitor appointed pursuant to subsection a. of this section shall be qualified by training and expertise necessary for the position and shall possess: (1) a minimum of five years of appropriate experience in an executive-level management position; or (2) a minimum of five years of appropriate experience and applicable credentials and certifications relating to financial management. L.2023, c.115, s.4.
N.J. Stat. § 18A:3B-53.5 State monitor, duties, responsibilities, public institutions of higher education.
5. Notwithstanding any other provision of law to the contrary, a State monitor appointed pursuant to section 4 of this act shall: a. oversee the fiscal management and expenditures of funds of the public institution of higher education including, but not limited to, budget reallocations and reductions, approvals of purchase orders, budget transfers, and payment of bills and claims; b. oversee the operation and fiscal management of facilities, including developing and implementing recommendations for restructuring the institution offered by the governing board of a public institution of higher education; c. ensure development and implementation of an acceptable plan to address the circumstances which resulted in the appointment of a State monitor pursuant to section 4 of this act that includes measurable benchmarks and specific activities to address the deficiencies of the institution; d. oversee all staffing, including the ability to hire, promote, and terminate employees, as well as the ability to deny proposals by the administration of the institution to hire, promote, or terminate employees, except that all actions of the State monitor shall comply with the "New Jersey Employer-Employee Relations Act," established pursuant to P.L.1941, c.100 (C.34:13A-1 et seq.), and any collective bargaining agreements entered into by the institution; e. have authority to override any action by the president of the institution or a vote by the governing board of the institution on any of the matters set forth in this section except that all actions of the State monitor shall comply with the "New Jersey Employer-Employee Relations Act," established pursuant to P.L.1941, c.100 (C.34:13A-1 et seq.), and any collective bargaining agreements entered into by the institution; f. attend all meetings of the governing board of the institution, including closed sessions; g. meet with the governing board of the institution at least quarterly to provide governing board members with education and training that address the deficiencies and actions leading to the appointment of a State monitor pursuant to section 4 of this act; h. make recommendations to the Legislature, including any proposed legislation which the monitor may desire to recommend for enactment, for the systemic improvement of the institution's fiscal condition, and which may include opportunities for efficiencies through: (1) mergers, acquisitions, and consolidations; (2) program reductions; (3) sales of surplus property; (4) shared services and joint purchasing; (5) staff reductions; (6) teacher sharing agreements; and (7) any other proposals that the monitor believes would improve the fiscal efficiency of the institution; and i. report directly to the secretary or the secretary's designee. L.2023, c.115, s.5.
N.J. Stat. § 18A:3B-53.6 State monitor, designated State officer; fiscal accountability plan, progress reports, issuance; transition plan, develop; salary.
6. a. A State monitor appointed pursuant to section 4 of this act shall be considered a State officer for purposes of the "New Jersey Tort Claims Act," established pursuant to P.L.1972, c.45 (C.59:1-1 et seq.). b. (1) The State monitor, within six months of appointment to the position, shall issue a fiscal accountability plan to the institution and Secretary of Higher Education listing all benchmarks and remedial actions required to be completed by the institution and the necessary capacity and fiscal controls to be restored to the institution as a condition for the cessation of State monitor oversight. The State monitor may revise or amend the fiscal accountability plan, as appropriate. (2) The State monitor shall issue progress reports to the governing board of the institution and the secretary on a monthly basis, or on a schedule determined by the secretary. The progress report shall detail the institution's progress in meeting the requirements of the fiscal accountability plan, and establish clear and measurable benchmarks to assess the institution's fiscal accountability. (3) The secretary shall develop a transition plan outlining the process for the withdrawal of the State monitor and a return to full institution control. The State monitor shall provide oversight of the institution until the secretary determines that the transition plan has been successfully executed and the necessary capacity and fiscal accountability controls have been restored to institution operations. c. The salary of a State monitor shall be fixed by the secretary and may be adjusted from time to time as the secretary deems appropriate. The State shall assume the total cost of the State monitor and any additional staff appointed pursuant to section 4 of this act. L.2023, c.115, s.6.
N.J. Stat. § 18A:3B-53.7 Governing board, public institution of higher education, approve, chief financial officer appointment, reporting relationship.
7. The governing board of a public institution of higher education shall approve the appointment of a chief financial officer, who shall have a direct reporting relationship to the board and the president. The chief financial officer shall be responsible for those duties and responsibilities that are prescribed by the Secretary of Higher Education pursuant to section 8 of this act. L.2023, c.115, s.7.
N.J. Stat. § 18A:3B-53.8 Chief financial officer, public institution of higher education, duties, responsibilities.
8. a. The Secretary of Higher Education shall establish the duties and responsibilities of a chief financial officer of a public institution of higher education, which shall include, but not be limited to: (1) acting as the lead agent on matters pertaining to financial reporting and planning, budget preparation, and management of investments and debts; (2) ensuring the short-term and long-term fiscal health of the institution; (3) providing oversight of the business practices of the institution; (4) aligning the institution's budget and strategic plans; and (5) reporting the financial condition of the institution to the secretary, and the governing board and president of the institution on a regular basis. b. The secretary, in consultation with the State Comptroller and the Attorney General, shall prescribe terms and conditions, consistent with applicable State and federal law, upon which a chief financial officer may be held accountable for violations of the fiduciary duties of that position, including incompetence, or for any dishonest, deceptive, or fraudulent practice. L.2023, c.115, s.8.
N.J. Stat. § 18A:3B-53.9 Chief financial officer, public institution of higher education, training program.
9. a. As a condition of appointment as a chief financial officer of a public institution of higher education pursuant to section 8 this act, the chief financial officer shall complete a training program developed by the Secretary of Higher Education that is designed to clarify the roles and duties of a chief financial officer of a public institution of higher education. b. The training shall be completed no later than six months after the date the chief financial officer is appointed by an institution. A person who serves as the chief financial officer of a public institution of higher education prior to the effective date of this act shall complete the training within six months of the date the training is first made available by the secretary. c. The secretary shall: (1) prescribe the subject matter of the training which shall include, but not be limited to: the role of a chief financial officer at a public institution of higher education; a review of the types of financial, organizational, legal, and regulatory issues that a chief financial officer of a two-year or four-year public institution of higher education may be required to consider in the course of the chief financial officer's duties; the role of the chief financial officer in ensuring the fiscal stability of an institution; the responsibility of the chief financial officer to report on the financial condition of the institution to the secretary, the governing board, and president of the institution on a regular basis on as required pursuant to section 8 of this act; and changing trends and fiscal matters relating to the management of a public institution of higher education; (2) arrange for an entity or entities to provide the training; (3) conduct a periodic review of the prescribed subject matter of the training to ensure that the training includes relevant changes to State or federal law and other information deemed necessary to enable a chief financial officer to serve effectively; and (4) develop the training program and make the training program available to chief financial officers of public institutions of higher education no later than 90 days after the effective date of this act. d. Training pursuant to this section may, upon approval of the secretary, be made available online. e. The institution shall certify completion of the training required pursuant to this section for a chief financial officer upon receipt of documentation thereof, as provided on a form and in a manner prescribed by the secretary. f. The secretary shall provide notification to a chief financial officer who has failed to comply with the requirements of this section and provide the chief financial officer with a 30-day grace period to fulfill the outstanding training requirement. The secretary may provide additional extensions to the grace period. Notwithstanding any other provisions of law to the contrary, failure to fulfill the training requirement within the required period may, at the discretion of the secretary, constitute a resignation from the public institution of higher education and shall disqualify a chief financial officer from being appointed to any other public institution of higher education. g. The secretary may, from time to time, make additional training courses or modules available to chief financial officers of public institutions of higher education. L.2023, c.115, s.9.
N.J. Stat. § 18A:3B-53.10 State monitor, annual report to Governor, Legislature.
10. A State monitor appointed to an institution pursuant to section 4 of this act shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the fiscal condition of the institution at which the monitor is providing oversight and an assessment of the institution's progress toward regaining full institution control. L.2023, c.115, s.10.
N.J. Stat. § 18A:3B-54 Additional authority of commission.
9. 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.
N.J. Stat. § 18A:3B-55 Notice of representation filed by governmental affairs agent, reports.
10. 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.
N.J. Stat. § 18A:3B-56 Approval of contract.
11. 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.
N.J. Stat. § 18A:3B-57 Policies concerning professional services contracts.
12. 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.
N.J. Stat. § 18A:3B-58 Executive committee.
13. 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.
N.J. Stat. § 18A:3B-59 Compensation committee.
14. 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.
N.J. Stat. § 18A:3B-60 Nominations and governance committee.
15. 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.
N.J. Stat. § 18A:3B-61 Fundraising and development strategies.
16. 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.
N.J. Stat. § 18A:3B-62 Provision of information, orientation, training.
17. 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. The training provided to governing board members shall be in accordance with the provisions of section 1 of P.L.2021, c.250 (C.18A:3B-6.3). L.2009, c.308, s.17; amended 2021, c.250, s.2.
N.J. Stat. § 18A:3B-63 Procedure for change in programmatic mission.
18. 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.
N.J. Stat. § 18A:3B-64 Meeting convened by commission.
19. 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.
N.J. Stat. § 18A:3B-65 Plan for branch campus, additional location; definitions.
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. The governing board shall submit the plan for the branch campus to the secretary for review and approval. The plan shall be developed and reviewed according to standards established by the secretary through regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). b. When the governing board, 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 100 students of the institution, the board shall include in the plan for the branch campus or additional location submitted to the secretary: (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; (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.), commonly known as the open public records act; and (5) any other information or data deemed necessary by the secretary. c. In developing a response to the plan, the 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 additional location. d. The secretary may approve the establishment of an out-of-State or out-of-country 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. e. 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 an out-of-State or out-of-country 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. f. The cost for consultants utilized by the secretary and other out-of-pocket expenses incurred by the secretary for branch campus and related reviews shall be paid by the institution seeking to establish a branch campus or additional location. g. The secretary 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 section. h. When the governing board of an independent institution of higher education, after study and investigation, determines that it is advisable for the institution to establish a branch campus or additional location in the State that will serve at least 100 students of the institution, the board shall submit the plan for the branch campus or additional location to the secretary for review and comment. The plan shall be developed and reviewed according to standards established by the secretary through rules and regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). i. 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 physical facility located at a place other than the institution's principal campus offering one or more complete programs leading to a degree. L.2009, c.308, s.20; amended 2021, c.27, s.4.
N.J. Stat. § 18A:3B-66 Reference to mean, refer to Secretary of Higher Education.
21. 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.
N.J. Stat. § 18A:3B-67 Regulations.
22. 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.
N.J. Stat. § 18A:3B-68 Adoption of policy by public institutions of higher education.
28. a. A public institution of higher education shall adopt a policy to be included in its student code of conduct prohibiting harassment, intimidation, or bullying. The policy shall contain, at a minimum: (1) A statement prohibiting harassment, intimidation, or bullying; (2) Disciplinary actions which may result if a student commits an act of harassment, intimidation, or bullying; and (3) A definition of harassment, intimidation, or bullying that at a minimum includes any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on the property of the institution of higher education or at any function sponsored by the institution of higher education, that substantially disrupts or interferes with the orderly operation of the institution or the rights of other students and that: (a) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property; (b) has the effect of insulting or demeaning any student or group of students; or (c) creates a hostile educational environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student. b. The institution shall distribute the policy by email to each student within seven days of the start of each semester and shall post the policy on its website. L.2010, c.122, s.28.
N.J. Stat. § 18A:3B-69 Emergency operations plan for institutions of higher education.
1. a. The governing board of each institution of higher education shall develop and coordinate an emergency operations plan to ensure the continuity of essential institution functions under all circumstances. The plan shall: (1) identify a baseline of preparedness for all potential emergencies, including pandemics, to establish a viable capability to perform essential functions during any emergency that disrupts normal operations; and (2) be coordinated with State and local authorities including, but not limited to, the State Office of Emergency Management, local law enforcement officers, county and local health officers, county offices of emergency management, and other emergency responders. b. The plan shall include, but not be limited to, the following components: identification of essential functions, programs, and personnel; procedures to implement the plan; delegation of authority and lines of succession; identification of alternative facilities and related infrastructure, including those for communications; identification and protection of vital records and databases; and schedules and procedures for periodic tests, training, and exercises. The plan shall be consistent with the local emergency operations plan of the municipality in which the institution is located. c. The governing board of the institution shall adopt and submit for review an emergency operations plan to the Secretary of Higher Education, the State Office of Emergency Management, the Department of Health, and the Office of Homeland Security and Preparedness within six months of the effective date of this act. The governing board shall review, update, and resubmit the plan to the offices every five years. If an emergency incident occurs at an institution during the five-year period, the plan shall be reviewed immediately. d. The Office of Homeland Security and Preparedness, the State Office of Emergency Management, the Department of Health, and the Secretary of Higher Education shall review the emergency operations plan submitted by an institution of higher education pursuant to subsection c. of this section and, when necessary, shall in coordination with other State agencies make recommendations to the institution for improving the plan that are deemed necessary. e. Any plan prepared pursuant to this section shall not be considered a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection, copying, or the purchase of copies. L.2011, c.214, s.1; amended 2012, c.17, s.73.
N.J. Stat. § 18A:3B-70 Substance abuse recovery housing programs at certain institutions of higher education.
1. a. Within four years after the effective date of this act, each four-year public institution of higher education, in which at least 25% of the undergraduate students live in on-campus housing, shall establish a substance use disorder recovery housing program. The purpose of the program shall be to provide a supportive substance-free dormitory environment that recognizes the unique risks and challenges that recovering students face, and that provides support programs to recovering students who reside in the recovery housing to assist their efforts to remain substance-free. The program shall include on-site counseling, mentoring, peer support, and other appropriate services. An institution may designate a floor, wing, or other designated area within a dormitory building for the substance use disorder recovery housing program, and shall not be required to designate an entire dormitory building for the program. b. The institution shall apply for any federal, State, corporate, or other grant funding that may be available to implement the substance use disorder recovery housing program. L.2015, c.92, s.1; amended 2023, c.177, s.28.
N.J. Stat. § 18A:3B-71 Report of criminal and fire events at public institutions of higher education.
1. The president of each public institution of higher education, or his designee, shall report to the governing board of the institution, at each of its regular meetings, all crimes, fires, and other emergencies which occurred on campus during the previous reporting period. The report shall include: a count and classification of all criminal incidents which occurred on campus and which were recorded by campus security and campus or local police departments; a list of campus alerts, threats, or emergencies which occurred on campus; and a count and classification of all fire incidents which occurred on campus and which were recorded by campus security and local fire departments. The report may also include: the status of all investigations of such acts or events, the type and nature of any discipline imposed on any student or employee identified as causing or contributing to an act or event; and any other measures imposed, training conducted, or programs implemented, to reduce the incidence of such acts and events. For all matters in the report not subject to public inspection, examination, or copying under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; or any federal law, federal regulation, or federal order, such matters shall be reported by the president to the board in an executive session and such reporting shall not render the information a government record available for inspection under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; or any federal law, federal regulation, or federal order. L.2015, c.220, s.1.
N.J. Stat. § 18A:3B-72 Short title.
1. This act shall be known and may be cited as the "Madison Holleran Suicide Prevention Act." L.2016, c.18, s.1.
N.J. Stat. § 18A:3B-73 Institution of higher education required to provide access to suicide prevention services; training for faculty and staff provided.
2. a. An institution of higher education shall have individuals with training and experience in mental health issues who focus on reducing student suicides and attempted suicides available on campus or remotely by telephone or other means for students 24 hours a day, seven days a week. Individuals with training and experience in mental health issues shall also work with, and annually train, faculty and staff on ways to recognize the signs of depression and the warning signs and risk factors associated with student suicide, and on the referral of students to crisis hotlines and mental health screenings. b. No later than 15 days following the beginning of each semester, an institution of higher education shall transmit to each student via electronic mail the contact information of the individuals required pursuant to subsection a. of this section. An institution of higher education may satisfy this requirement by providing each student with the hotline number for the National Suicide Prevention Lifeline, the NJ Hopeline, or any 24/7 mental health hotline deemed appropriate by the Secretary of Higher Education. In addition to providing students with the hotline numbers, the institution shall post the hotline numbers in each dormitory, library, and student center, and any other facility or area on campus that the institution determines to be appropriate. c. A four-year institution of higher education shall require all students who serve as resident assistants to receive annual training on the signs of depression, the warning signs and risk factors associated with college student suicide, the referral of students to campus mental health resources, and responding to students in crisis. The training shall be developed by a licensed mental health professional with experience in treating depression in college students. d. An institution of higher education shall annually conduct a mental health public awareness campaign on campus designed to: (1) provide students with information on depression and suicide; (2) raise awareness about the mental health services available on and off campus; and (3) reduce the stigma associated with seeking mental health services. e. The president of an institution of higher education, or a designee, shall establish a mental health crisis assessment and response plan. The purpose of the plan shall be to act as the official protocol to be used by campus staff, faculty, and resident assistants in the case of four-year institutions, to identify, assess, and respond to a student who is experiencing a mental health crisis. The plan shall include an assessment, every five years, of elements of the campus environment that might be used in a suicide attempt including, but not limited to: access to building rooftops, balconies, windows, and bridges; access to toxic substances including chemicals in campus laboratories; and access to drugs, alcohol, controlled dangerous substances, and firearms. f. No campus staff member, faculty member, or resident assistant at an institution of higher education shall be held liable for any good faith act or omission consistent with the provisions of this section. For purposes of this section, good faith shall not include willful misconduct, gross negligence, or recklessness. L.2016, c.18, s.2; amended 2023, c.168.
N.J. Stat. § 18A:3B-73.1 Higher education student identification cards with New Jersey Suicide Prevention Hopeline contact information.
2. An institution of higher education that issues student identification cards shall have printed on the back of the student identification cards the telephone number for mental health and suicide crisis resources, as determined by the Commissioner of Human Services, in consultation with the Secretary of Higher Education. L.2021, c.261, s.2; amended 2025, c.112, s.2.
N.J. Stat. § 18A:3B-73.2 National Suicide Prevention Lifeline, provision of contact information.
3. An institution of higher education that issues student identification cards may, in addition to the telephone number for mental health and suicide crisis resources, provide contact information for the National Suicide Prevention Lifeline, an on-campus crisis center, or any other mental health support service. L.2021, c.261, s.3; amended 2025, c.112, s.3.
N.J. Stat. § 18A:3B-74 Institution of higher education prohibited from pregnancy discrimination; written policy.
1. a. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall be prohibited from requiring a student to take a leave of absence, withdraw from an associate, baccalaureate, or graduate program, or limit the student's studies solely due to pregnancy or pregnancy-related issues. b. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall provide reasonable accommodations to a pregnant student to enable the student to complete coursework and research. Reasonable accommodations to a pregnant student shall include, but need not be limited to, allowances for the student's health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, allowing a student to take a leave of absence, and excusing medically-necessary absences. c. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall develop and adopt a written policy for students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX of the Education Amendments of 1972, 20 U.S.C. s.1681 et seq. or under P.L.2016, c.88 (C.18A:3B-74 et seq.). A copy of the policy shall annually be made available to all faculty, staff, and employees. The policy shall be distributed to all students attending orientation sessions at the institution. L.2016, c.88, s.1.
N.J. Stat. § 18A:3B-75 Leave of absence for graduate student.
2. a. A graduate student who chooses to take a leave of absence because she is pregnant or has recently given birth shall be allowed a period consistent with the policies of the institution of higher education in which she is enrolled, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The normative time to degree while in candidacy for a graduate degree for a pregnant graduate student shall be increased in an amount equal to the length of the leave of absence, unless a longer extension is medically necessary. b. A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the student's child shall be allowed a period consistent with the policies of the institution of higher education at which the student is enrolled, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the student's partner or their child. L.2016, c.88, s.2.
N.J. Stat. § 18A:3B-76 Return to program in good academic standing.
3. a. An enrolled student in good academic standing who chooses to take a leave of absence because she is pregnant or has recently given birth shall return to the associate, baccalaureate, or graduate program in good academic standing following a leave period consistent with the policies of the institution of higher education at which the student is enrolled or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case her standing in the associate, baccalaureate, or graduate program shall be maintained during that period of absence. b. An enrolled student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the student's child shall return to the associate, baccalaureate, or graduate program in good academic standing following a leave period consistent with the policies of the institution of higher education at which the student is enrolled, or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution. L.2016, c.88, s.3.
N.J. Stat. § 18A:3B-77 Limit on payment to speakers at public institutions of higher education.
1. A public institution of higher education shall not use State funds in excess of $10,000 to pay an individual for any speaking engagement at or hosted by the institution, including the commencement address at any graduation ceremony conducted by the institution. In the event that an institution violates the provisions of this section, the State Treasurer shall debit from the institution's State operating aid an amount equal to the amount paid by the institution to the speaker. L.2017, c.61, s.1.
N.J. Stat. § 18A:3B-78 Three plus one degree programs.
1. a. A four-year institution of higher education and a county college may partner to establish a three plus one degree program for a baccalaureate degree in such majors as the institutions of higher education may determine. b. Under a three plus one degree program established pursuant to this section, a student admitted into the program shall: (1) complete the first two academic years of the program at the county college, pay the tuition and fees of the county college, and receive an associate degree; (2) complete the third academic year of the program at the county college and pay the tuition and fees of the county college. Academic credits for the third academic year shall be awarded by the county college. Instruction in the third academic year in any 300-level class shall be provided by either an advanced degree faculty member of the county college in collaboration with a faculty member of the four-year institution or by a faculty member of the four-year institution, in accordance with accreditation standards of the Middle States Commission on Higher Education. Instruction in the third academic year in any 300-level class shall be equivalent in rigor to instruction in 300-level classes taught at the four-year institution . To maintain academic quality control, in the third year, the course content of courses in the student's major shall be determined by the four-year institution with input from the county college faculty; (3) be admitted to and attend the four-year institution for the fourth academic year of the program and pay the tuition and fees of that institution; and (4) earn a baccalaureate degree from the four-year institution. c. The Secretary of Higher Education shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the number of three plus one degree programs implemented during the prior academic year. d. Any three plus one degree program for a baccalaureate degree in a particular major which was established prior to the effective date of this act or approved by the governing boards of the institutions prior to the effective date of this act shall be exempt from the provisions of this section. L.2018, c.144, s.1.
N.J. Stat. § 18A:3B-79 Eligibility for certain grants.
2. a. Notwithstanding any law or regulation to the contrary, a student who is otherwise eligible for a State tuition aid grant and who is participating in a three plus one degree program established pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78) shall be eligible for a State tuition aid grant while enrolled in a county college for the third academic year of the program. b. Notwithstanding any law or regulation to the contrary, a student who is otherwise eligible for an Educational Opportunity Fund grant and who is participating in a three plus one degree program established pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78) shall be eligible for an Educational Opportunity Fund grant while enrolled in a county college for the third academic year of the program. L.2018, c.144, s.2.
N.J. Stat. § 18A:3B-80 Eligibility for certain scholarships.
3. Notwithstanding any law or regulation to the contrary, a student participating in a three plus one degree program established pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78): a. shall be eligible to receive an NJSTARS scholarship for the first three academic years of the three plus one degree program, provided the student meets the requirements for receipt of the scholarship; and b. shall be eligible to receive an NJSTARS II scholarship for the fourth academic year of the three plus one degree program, provided the student meets the requirements for receipt of the scholarship. L.2018, c.144, s.3.
N.J. Stat. § 18A:3B-81 Definitions relative to open textbooks.
1. As used in this act: "Open educational resource" means an educational resource that is licensed under an open license and made freely available online to the public. "Open license" means a world-wide, royalty-free, non-exclusive, perpetual, irrevocable copyright license granting the public permission to access, reproduce, publicly perform, publicly display, adapt, distribute, and otherwise use the work and adaptations of the work for any purpose, conditioned only on the requirement that attribution be given to authors as designated. "Open textbook" means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education. L.2019, c.77, s.1.
N.J. Stat. § 18A:3B-82 Plan for use of open textbooks, digital learning materials.
2. a. Within one year of the effective date of P.L.2019, c.77 (C.18A:3B-81 et seq.), an institution of higher education, after consultation with faculty members at the institution, shall submit a plan to the Secretary of Higher Education to expand the use of open textbooks and commercial digital learning materials in order to achieve savings for students enrolled in the institution. The plan may include strategies employed by the institution during the last academic year. b. The secretary shall review the plan submitted by an institution to ensure that the plan has the potential to: (1) achieve the highest level of savings for students through the sustainable expanded use of open textbooks in courses offered by the institution; (2) produce the highest quality open textbooks that can be most easily utilized and adapted by faculty members at the institution, and correspond to the highest enrollment courses at the institution; (3) ensure that the full and complete digital content of each open textbook created or adapted in accordance with the plan is made available to students enrolled in the institution: (a) on the institution's college bookstore website in an easily accessible location; and (b) in a machine readable, digital format that a student can download; (4) ensure that the institution is making a good faith effort to provide open textbooks to students; and (5) provide for the implementation of programs which reduce the cost of commercial digital learning materials pursuant to 34 C.F.R. s.668.164(c)(2). L.2019, c.77, s.2.
N.J. Stat. § 18A:3B-83 Report.
3. The Secretary of Higher Education shall submit a report by July 1 of each academic year to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), that provides information on which institutions of higher education are offering open textbooks. L.2019, c.77, s.3.
N.J. Stat. § 18A:3B-84 Public institution of higher education to post budget, other information on website.
1. a. A public institution of higher education shall post by August 15 of each year its budget for the upcoming academic year on the institution's website for public inspection. The institution shall also post a summary document that outlines in a user-friendly manner the institution's major sources of revenue and major categories of expenditures. b. The information required pursuant to subsection a. of this section shall be posted on the website in a prominent and easily accessible location. L.2019, c.302, s.1.
N.J. Stat. § 18A:3B-85 "Homes for Animal Heroes Act."
1. a. An institution of higher education that uses cats or dogs for educational, research, or scientific purposes, or a research institution that contracts with an institution of higher education for the use of cats or dogs for educational, research, or scientific purposes, shall require the assessment of the health of a cat or dog and determine whether it is suitable for adoption after the completion of any testing or research involving the cat or dog. If the institution determines that the cat or dog is suitable for adoption, the institution shall offer the cat or dog to an animal rescue organization or private individual for adoption. An institution required to offer cats or dogs for adoption pursuant to this section may enter into an agreement with an animal rescue organization or private individual to implement this section on an on-going basis. b. An institution that provides a cat or dog to an animal rescue organization or private individual pursuant to this section shall be immune from any civil liability arising from the transfer of the cat or dog, provided the institution has acted in good faith concerning the suitability of the cat or dog for adoption. c. An institution required to offer cats or dogs for adoption pursuant to this section may establish guidelines or other qualifications in order to determine if a cat or dog is suitable for adoption, or to determine whether an animal rescue organization or private individual is qualified to receive a cat or dog for adoption pursuant to this section. d. As used in this section, "animal rescue organization" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1). L.2019, c.414, s.1.
N.J. Stat. § 18A:3B-89.1 Sports wagering partnership prohibited at public institutions of higher education.
1. a. As used in this section, "sports wagering partnership" means a partnership or contractual agreement between a sports wagering operator or intermediary and a public institution of higher education, including an athletic department or booster club of the institution, for access to advertise in the institution's stadiums and other facilities, in digital and broadcast sports content, and through other means. b. A public institution of higher education shall not participate in a sports wagering partnership as defined by subsection a. of this section. c. The provisions of subsection b. of this section shall not apply to a foundation institutionally related to a public institution of higher education, provided that a sports wagering partnership into which the foundation enters shall not include direct advertising or marketing to students enrolled in the institution. Direct advertising or marketing shall include advertising or marketing at on-campus locations and off-campus locations associated with the public institution of higher education, and any electronic advertising or marketing explicitly directed to students enrolled in the institution. d. The provisions of this section shall not be construed to apply to any partnership between a public institution of higher education and casino licensees, sports wagering licensees, or their contracted operators which the partnership is established for academic purposes or provides experiential learning opportunities to students enrolled in the institution. L.2025, c.96.
N.J. Stat. § 18A:3B-89.1a Council on Compulsive Gambling, presence, institutions of higher education.
1. At least once per semester, and as often as the institution determines to be appropriate, a public institution of higher education shall invite and facilitate the presence of the Council on Compulsive Gambling of New Jersey on the institution’s campus for the purpose of providing information and resources relevant to compulsive gambling which shall include, but shall not be limited to, information regarding the potential risks associated with gambling, compulsive gambling counseling services, and options for gambling self-exclusion programs. L.2025, c.197.
N.J. Stat. § 18A:3B-89.2 "Related entity" meaning.
1. As used in this act, "related entity" includes, but is not limited to, an auxiliary services corporation, an alumni association, a foundation related to a four-year institution of higher education, or any subsidiary or affiliated entity of a four-year institution of higher education. L.2025, c.110, s.1.
N.J. Stat. § 18A:3B-89.3 Student-athletes, compensation, use of own name, image, likeness.
2. a. A four-year institution of higher education shall not prohibit or prevent a student-athlete who participates in intercollegiate athletics from earning compensation as a result of the use of the student-athlete's name, image, or likeness. b. A four-year institution of higher education or any related entity of an institution may enter into a contract with a student-athlete to directly compensate the student-athlete for use of the student-athlete's name, image, or likeness. c. Notwithstanding the provisions of subsections a. and b. of this section to the contrary, a student-athlete participating in intercollegiate athletics who is under 21 years of age shall be prohibited from earning compensation as a result of the use of the student-athlete's name, image, or likeness in connection with any person, company, or organization related to or associated with the development, production, distribution, wholesaling, or retailing of: alcohol products, tobacco and electronic smoking products and devices, and cannabis products. L.2025, c.110, s.2.
N.J. Stat. § 18A:3B-89.4 Professional representation, student-athletes.
3. a. A four-year institution of higher education shall not prohibit or prevent a student-athlete participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys. b. Legal representation obtained by student-athletes shall be by licensed attorneys. Athlete agents representing student-athletes shall comply with the federal "Sports Agent Responsibility and Trust Act" (15 U.S.C. s.7801 et seq.) in their relationship with student-athletes. Licensed attorneys and athlete agents shall act in a fiduciary capacity when representing a student-athlete. L.2025, c.110, s.3.
N.J. Stat. § 18A:3B-89.5 Student-athlete contracts, public disclosure.
4. Notwithstanding any other law, rule, or regulation to the contrary, any contract a student-athlete enters into providing compensation to the student-athlete for use of the student-athlete's name, image, or likeness pursuant to section 2 of this act shall not be subject to public disclosure pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act. L.2025, c.110, s.4.
N.J. Stat. § 18A:3B-89.6 Prohibited actions regarding student-athletes, organizations with authority over intercollegiate athletics.
5. a. An athletic association, conference with member institutions that offer athletic scholarships, or other group or organization with authority over intercollegiate athletics including, but not limited to, the National Collegiate Athletic Association, shall not: (1) prohibit or prevent a four-year institution of higher education from becoming a member of the association, conference, or organization, or participating in intercollegiate athletics sponsored by the association, conference, or organization, as a consequence of any student-athlete earning compensation for the use of the student-athlete's name, image, or likeness or obtaining representation by an athlete agent or attorney in connection with issues related to name, image, or likeness; (2) take any other adverse action against a four-year institution of higher education or any other related entity of an institution, for activity permitted pursuant to this act; (3) penalize a four-year institution of higher education or student-athlete, or prevent a four-year institution of higher education or student-athlete from participating in intercollegiate athletics, because an individual or related entity whose purpose includes supporting or benefiting the institution or student-athletes violates its rules or regulations concerning name, image, or likeness; (4) prevent a four-year institution of higher education from compensating a student-athlete for the use of the student-athlete's name, image, or likeness; or (5) prevent a four-year institution of higher education or any other related entity of an institution from identifying, creating, negotiating, facilitating, supporting, engaging with, assisting with, or otherwise enabling a name, image, or likeness opportunity for a student-athlete. b. A four-year institution of higher education or any other related entity of an institution that is subjected to any actual or threatened complaint, investigation, penalty, or other adverse action of an athletic association, conference, or other group or organization with authority over intercollegiate athletics including, but not limited to, the National Collegiate Athletic Association, for engaging in activities permitted pursuant to this act, may bring an action to recover actual damages and reasonable attorney fees and may seek injunctive relief and any other remedy available at law or in equity. L.2025, c.110, s.5.
N.J. Stat. § 18A:3B-89.7 Programming, educational materials on name, image, likeness use, student-athletes.
6. In each academic year, each four-year institution of higher education shall make available to all student-athletes participating in intercollegiate athletics at the institution programming or educational materials on name, image, or likeness. The programming or educational materials shall include, but not be limited to, financial literacy; brand management; life skills; and other programming on skills necessary for success as a student-athlete. L.2025, c.110, s.6.
N.J. Stat. § 18A:3B-89.8 Applicability.
7. The provisions of this act shall only apply to four-year institutions of higher education that offer athletic scholarships. L.2025, c.110, s.7.
N.J. Stat. § 18A:3B-90 Definitions relative to post-secondary education.
6. As used in sections 6 through 12 of P.L.2021, c.27 (C.18A:3B-90 through C.18A:3B-96): "Closure" means the cessation of operations by an institution of higher education or a proprietary institution licensed to offer academic degrees. "Secretary" means the Secretary of Higher Education. "Disorderly closure" means a closure that does not meet the requirements of P.L.2021, c.27 (C.18A:3B-90 et al.). "Eligible transfer institution" means an institution of higher education or a proprietary institution licensed to offer academic degrees that has been approved by the secretary pursuant to section 10 of P.L.2021, c.27 (C.18A:3B-94). "Institutional debt" means: (1) the amount outstanding on any credit, including unpaid charges, extended by or on behalf of an institution of higher education or a proprietary institution licensed to offer academic degrees that a student is obligated to repay, whether the amount has been reduced to a judgment or the institution classifies it as a loan; or (2) a nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by an institution of higher education or a proprietary institution or a private educational lender that is affiliated with an institution of higher education or a proprietary institution. "Institutional financial aid agreement" means any contract, promissory note, part of an enrollment agreement, or other agreement in which a student agrees to pay an institutional debt. "Orderly closure" means a closure that meets the requirements of P.L.2021, c.27 (C.18A:3B-90 et al.). "Student" means an individual enrolled at an institution of higher education or a proprietary institution licensed to offer academic degrees in New Jersey, or a New Jersey resident enrolled at an institution of higher education or proprietary institution located outside of this State. "Teach-out agreement" means a written agreement between institutions that provides for the equitable treatment of students and a reasonable opportunity for students to complete their program of study if an institution, or an institutional location that provides 100 percent of at least one program offered, ceases to operate before all enrolled students have completed their program of study. "Teach-out plan" means a written plan developed by the institution that provides for the equitable treatment of students if an institution, or an institutional location, ceases to operate before all students have completed their program of study, and may include, if required by the institution's accrediting agency, a teach-out agreement between institutions. L.2021, c.27, s.6.
N.J. Stat. § 18A:3B-91 Information provided to secretary.
7. a. An independent institution of higher education and a proprietary institution licensed to offer academic degrees shall immediately notify the secretary of any known financial liabilities or risks that are reasonably likely to result in the imminent closure of the institution or otherwise negatively affect the institution's ability to fulfill its obligations to current and admitted students. b. All independent institutions and proprietary institutions licensed to offer academic degrees shall submit an annual fiscal monitoring report to the secretary according to a schedule established by the secretary and in a format developed by the secretary. c. The secretary shall establish a process to annually assess each independent institution's and proprietary institution's financial information to identify whether an institution is at risk of imminent closure. The assessment shall be based on a review of information received through the annual fiscal monitoring report. In addition to the annual report, the secretary may also conduct additional assessments at the secretary's discretion to identify whether an institution is at risk of imminent closure. d. If the secretary determines there is a risk of imminent closure, the determination and a summary of the basis for the determination shall be provided to the institution. Upon receipt of the determination and summary the institution shall immediately: (1) notify the secretary of any known liabilities, risks, or financial issues; (2) provide to the secretary any information necessary to accurately and fairly determine the institution's financial status and likelihood of imminent closure and to monitor its condition; (3) prepare and submit to the secretary a contingency plan for closure, which shall include: (a) a process to notify relevant stakeholders, as determined by the secretary including, but not limited to, enrolled students, candidates who have submitted applications, recent graduates, faculty, staff, and host communities; (b) arrangements for the continued education of currently enrolled students via teach-out agreement or other practical solution; (c) a plan for the transfer to and long-term maintenance of records, particularly student academic records, by a third-party if the institution closes; (d) information about the rights and responsibilities of student loan borrowers; (e) information about the institution's financial condition, accreditation status, and any outstanding compliance issues regarding federal and State student aid programs; and (f) confirmation that the institution has obtained either a surety bond or letter of credit to refund student enrollment deposits and for the cost to maintain student records by a third-party. e. Upon a finding by the secretary that an institution has failed to comply with the requirements of this section, the secretary shall have the authority to order: (1) a fine not to exceed $1,000 per day of non-compliance with the requirements of this section; (2) the suspension of any State funding designated for the institution; and (3) the suspension or revocation of any degree-granting authority previously conferred on the institution. f. Any information submitted to, or developed by, the secretary in furtherance of this section shall not be a public record and shall be exempt from disclosure under provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act. L.2021, c.27, s.7.
N.J. Stat. § 18A:3B-92 Applicability of section.
8. a. This section shall apply to a proprietary institution licensed to offer academic degrees that operates in this State. b. A proprietary institution licensed to offer academic degrees shall provide the secretary a teach-out plan that addresses a potential closure of the institution. The teach-out plan shall be updated as required by the secretary. c. A teach-out plan shall include any information required by the secretary and shall state that: (1) the institution shall make all reasonable efforts to ensure that any closure of the institution complies with the requirements of sections 9 through 12 of P.L.2021, c.27 (C.18A:3B-93 through C.18A:3B-96); (2) the chief executive officer and the members of the governing body of the institution were not in an executive position or a member of a governing body of an institution in which a disorderly closure occurred; and (3) any institutional financial aid agreement offered to a student shall contain language stating that, in the event of a disorderly closure, the institutional debt shall be void and shall not be recovered, collected, or enforced. d. The Office of the Attorney General shall seek an injunction or other judicial remedy against a proprietary institution licensed to offer academic degrees that fails to comply with the requirements of this section, including requiring the institution to refund all tuition and fees paid by any student. L.2021, c.27, s.8.
N.J. Stat. § 18A:3B-93 Applicability of C.18A:3B-93 through C.18A:3B-96.
9. a. Sections 9 through 12 of P.L.2021, c.27 (C.18A:3B-93 through C.18A:3B-96) shall apply to an institution of higher education or a proprietary institution licensed to offer academic degrees that operates in this State. b. An institution of higher education or a proprietary institution licensed to offer academic degrees shall enter into a school-to-school teach-out agreement at least 120 days prior to the cessation of institution operations. c. In order to satisfy the requirements of this section, a school-to-school teach-out agreement shall: (1) be arranged by the closing institution; (2) be agreed to by an eligible transfer institution, the closing institution, and the secretary; (3) unless waived for good cause by the secretary, specify that the eligible transfer institution shall: (a) be located within a reasonable distance of the closing institution, if the closing institution has a physical presence in the State; (b) accept the transfer of all completed credits from students affected by the closure; and (c) allow a student affected by the closure to complete the student's program with substantially the same number of credit hours as was required by the closing institution; (4) specify that, on request by a student affected by the closure, the closing institution shall provide a complete academic record and an official transcript to the student at no cost to the student; and (5) meet any other standards as deemed appropriate by the secretary. L.2021, c.27, s.9.
N.J. Stat. § 18A:3B-94 Approval as eligible transfer institution.
10. a. The Secretary of Higher Education shall approve an institution of higher education or a proprietary institution licensed to offer academic degrees to act as an eligible transfer institution if the institution: (1) is in good standing with its accreditor and, if applicable, its licensing body; (2) if applicable, has not been sanctioned by the United States Department of Education due to having a high cohort loan default rate; (3) has not been placed on Heightened Cash Monitoring Payment Method Level 2 by the United States Department of Education; (4) within the previous five years has not had any judgments related to a consumer protection law entered against it in favor of a law enforcement agency; and (5) meets the requirements provided in section 9 of P.L.2021, c.27 (C.18A:3B-93), and any additional standards provided pursuant to subsection b. of this section. b. The secretary may establish additional standards on a case-by-case basis for approving an eligible transfer institution. L.2021, c.27, s.10.
N.J. Stat. § 18A:3B-95 Filing of certain records.
11. a. Before any institution of higher education or proprietary institution licensed to offer academic degrees ceases educational instruction or administrative operation, the institution shall file with the eligible transfer institution or a third-party approved by the secretary copies of all essential records of the current or former students of the institution. The obligation of an institution under this section shall not be discharged in bankruptcy. b. If an institution of higher education or a proprietary institution licensed to offer academic degrees does not file all essential records in accordance with this section, the Office of the Attorney General may: (1) require the institution to refund all tuition and fees paid by a student whose records are not filed in accordance with this section; and (2) seek an injunction or other judicial remedy against the institution or school. L.2021, c.27, s.11.
N.J. Stat. § 18A:3B-96 Unlawful practice, violation.
12. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any institution of higher education, proprietary institution licensed to offer academic degrees, person, or entity to collect on a student's institutional debt if the institutional financial aid agreement does not contain the language required under paragraph (3) of subsection c. of section 8 of P.L.2021, c.27 (C.18A:3B-92). b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for an institution of higher education or proprietary institution licensed to offer academic degrees to collect on the institutional debt of a student who attended a program in which a disorderly closure occurred. L.2021, c.27, s.12.
N.J. Stat. § 18A:3B-97 Rules, regulations.
13. The Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of sections 6 through 12 of P.L.2021, c.27 (C.18A:3B-90 through C.18A:3B-96). L.2021, c.27, s.13.
N.J. Stat. § 18A:3B-98 Program to assist institutions of higher education in recruitment, retention of underrepresented students in STEM programs.
1. The Secretary of Higher Education shall establish a program to assist institutions of higher education in the recruitment and retention of underrepresented students in science, technology, engineering and mathematics (STEM) programs. Underrepresented students include women and students from other populations historically underrepresented in the STEM fields. The purpose of the program shall be to develop guidance and strategies for the institutions to: a. identify cultural and institutional barriers experienced by underrepresented students, including an assessment of the academic, social, and family-related factors which may negatively impact the recruitment and retention of those students into the STEM fields; and b. provide the students with the institutional and faculty support necessary to allow underrepresented students in STEM programs to reach their academic goals. In the development of the guidance and strategies, the secretary may examine any programs implemented in other states designed to increase the recruitment and retention of underrepresented students in STEM programs at institutions of higher education. L.2021, c.76.
N.J. Stat. § 18A:3B-99 Findings, declaration relative to STEM outreach program.
1. The Legislature finds and declares that: a. The science, technology, engineering, and mathematics (STEM) field has become extremely important for the success of the innovation economy both in New Jersey and the United States, and STEM education is critical in developing a globally competitive workforce in the 21st century. b. Despite the increasing demand for workers with experience in STEM, women and minority groups are largely underrepresented in the STEM workforce and in STEM education at the post-secondary level. c. According to the National Science Foundation's Science and Engineering Indicators for 2016, women comprised only 29 percent of the science and engineering workforce, despite making up half of the total college-educated workforce in the United States. d. The gender gap in the national STEM workforce is also evidenced in New Jersey as women made up only 25.1 percent of the State's STEM workforce in October 2018, according to the New Jersey Department of Labor and Workforce Development. e. Although women comprise more than half of the nation's college students, they are underrepresented in many STEM-related post-secondary degree programs, especially in engineering and the computer sciences. f. Racial and ethnic minorities are similarly underrepresented in the STEM field as Hispanics, blacks, and Native Americans/Alaska Natives make up a smaller share of the science and engineering workforce (11 percent) than their proportion in the general population (27 percent of the United States working age 33 population). g. In 2012, only 11.2 percent of bachelor's degrees in science and engineering, 8.2 percent of master's degrees in science and engineering, and 4.1 percent of doctorate degrees in science and engineering were awarded to minority women. h. Encouraging young women and minorities to pursue post-secondary degrees and careers in STEM professions and increasing opportunities in the STEM field are important means for realizing greater economic innovation, success, and equality. L.2021, c.239, s.1.
N.J. Stat. § 18A:3B-100 Outreach program for young women and minorities to pursue degrees, careers in STEM.
2. a. The Department of Education, in consultation with the Office of the Secretary of Higher Education and the Commission on Science, Innovation and Technology, shall develop and administer an outreach program to encourage young women and minorities to pursue post-secondary degrees and careers in science, technology, engineering, and mathematics (STEM). b. The department, in developing and administering the outreach program, shall: (1) provide elementary and secondary school students, especially young women and minorities, with opportunities to increase their exposure to the STEM field; (2) distribute various printed materials to schools, encouraging young women and minorities to pursue post-secondary degrees and careers in STEM; (3) organize and conduct mentoring sessions, in which individuals working or pursuing a post-secondary degree in the STEM field engage with elementary and secondary school students; (4) establish a mentoring program that partners STEM professionals and STEM post-secondary students with elementary and secondary school students; (5) create programs to increase the recruitment and retention of underrepresented faculty in STEM subject areas; and (6) undertake any other activities the Commissioner of Education, in consultation with the Secretary of Higher Education and the chair of the Commission on Science, Innovation and Technology, deems necessary to effectuate the purposes of the outreach program. For purposes of this act, STEM shall include, but not be limited to, science, technology, engineering, mathematics, and computer science. L.2021, c.239, s.2.
N.J. Stat. § 18A:3B-101 Dispersing of information regarding income-contingent student loan repayment programs.
1. a. During the academic semester in which a student is scheduled to graduate, an institution of higher education shall provide each student who has outstanding student loan debt with information on federal and State of New Jersey income-contingent student loan repayment programs. The institution shall provide the student with the information in either: (1) an in-person exit interview, which may include a remote or virtual interview; or (2) a document sent to the student both electronically and by regular mail. The Secretary of Higher Education shall prescribe a model format for the document required by this subsection. b. In addition to information on federal and State income-contingent student loan repayment programs as required pursuant to subsection a. of this section, the institution, during the exit interview or in the document, shall provide each student with information on the following: (1) an estimate of the total amount of the student's loan debt; (2) an estimate of the potential total payoff amount of the student loans incurred or a range of the total payoff amount; and (3) an estimate of monthly repayment amounts that a similarly situated borrower may incur, including principal and interest, for that amount of student loan debt. The information provided pursuant to paragraphs (1), (2), and (3) of this subsection shall only pertain to the debt, payoff amount, and monthly repayment amounts certified while the student attended the institution and may include a statement that the estimates and ranges provided are general in nature and not meant as a guarantee or promise of the actual projected amount. An institution shall not incur liability for any representations made pursuant to this subsection. L. 2021, c.357.
N.J. Stat. § 18A:3B-102 Definitions.
1. As used in this act: “Current or former student” means a person who at any time enrolled in a course offered by an institution, including a student taking a leave of absence from the institution. “Debt” means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student. Debt shall include, but not be limited to, an outstanding balance on the account of a current or former student. Debt shall not include the fee, if any, charged to all students for the actual costs of providing the transcripts. “Institution” means an institution of higher education or proprietary institution licensed to offer academic degrees. “Non-mandatory charges” means all charges and fees imposed by an institution on a student other than tuition, room and board, and mandatory student fees and charges, as defined by the Secretary of Higher Education. L.2025, c.353, s.1.
N.J. Stat. § 18A:3B-103 Transcript fees, conditions.
2. a. (1) Except as otherwise provided in subsection c. of this section, if a current or former student meeting the criteria enumerated in paragraph (2) of this subsection requests a transcript, an institution shall not, due to an outstanding debt on a current or former student’s account of $2,000 or less of non-mandatory charges: (a) refuse to provide a transcript for a current or former student on the grounds that the student owes a debt; (b) condition the provision of a transcript on the payment of a debt, other than a fee charged to provide the transcript; (c) charge a higher fee for obtaining a transcript, or provide less favorable treatment of a transcript request because a current or former student owes a debt; or (d) use transcript issuance as a tool for debt collection. (2) The provisions of this section shall only apply to a current or former student whose credits in a specified payment period were not paid for using funds received from a federal student aid program under Title IV of the “Higher Education Act of 1965” (20 U.S.C. s.1070 et seq.) or funds distributed through any State student financial aid program administered by the Higher Education Student Assistance Authority, including a student loan issued through the New Jersey College Loans to Assist State Students (NJCLASS) Loan Program established pursuant to N.J.S.18A:71C-21. b. Except as otherwise provided in subsection c. of this section, an institution may condition the provision of a transcript to a student meeting the criteria enumerated in paragraph (2) of subsection a. of this section on the student’s agreement to enter into a good faith repayment plan and submission of the first payment on that plan if the student owes the institution: (1) debt in any amount for unpaid tuition, room and board, or other mandatory student fees or charges; or (2) debt exceeding $2,000 from non-mandatory charges. c. Notwithstanding the provisions of subsections a. and b. of this section to the contrary, an institution shall not restrict or condition the provision of a transcript to a student meeting the criteria enumerated in paragraph (2) of subsection a. of this section who attests that the transcript is needed to apply for new student loans or to refinance existing student loans. d. The provisions of this section shall not apply to an institution’s provision of transcripts to students who reside outside of the United States and: (1) are not citizens of the United States or; (2) are current or former students who are or who were previously eligible for federal student aid or State student financial aid pursuant to section 1 of P.L.2018, c.12 (C.18A:71B-2.1). L.2025, c.353, s.2.
N.J. Stat. § 18A:3B-104 Issuance of official transcripts, applicable payment periods.
3. An institution shall provide an official transcript to a current or former student upon the student’s request for all applicable payment periods in which: a. the student’s credits obtained in the specified payment period were paid for using funds received from a federal student aid program under Title IV of the “Higher Education Act of 1965” (20 U.S.C. s.1070 et seq.) or funds distributed through any State student financial aid program administered by the Higher Education Student Assistance Authority, including a student loan issued through the New Jersey College Loans to Assist State Students (NJCLASS) Loan Program established pursuant to N.J.S.18A:71C-21; and b. the student’s institutional charges incurred for the payment period, as determined pursuant to federal regulations, were paid for or included in an agreement to pay, including a loan or a payment plan, at the time of the current or former student’s request for an official transcript. L.2025, c.353, s.3.
N.J. Stat. § 18A:3B-105 Prohibition against withholding official transcripts, error based in federal student aid administration, fraud, misconduct.
4. An institution shall not withhold official transcripts from a current or former student or take any other adverse action against a student related to debts of the student that resulted from an error in the institution’s administration of federal student aid under Title IV of the “Higher Education Act of 1965” (20 U.S.C. s.1070 et seq.) or any fraud or misconduct by the institution or an employee of the institution. L.2025, c.353, s.4.
N.J. Stat. § 18A:3B-106 Transmitting transcript to third parties.
5. A current or former student may permit a transcript released pursuant to the provisions of this act to be transmitted to a third-party entity. An institution releasing a transcript pursuant to the provisions of this act shall provide a current or former student the option to transmit the transcript to the current or former student or to a third-party entity. L.2025, c.353, s.5.
N.J. Stat. § 18A:3B-107 Violation of act, penalties.
6. A violation by an institution of the requirements of this act shall constitute an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and shall be subject to all remedies and penalties available pursuant to the provisions of that act. L.2025, c.353, s.6.
N.J. Stat. § 18A:3B-108 Receipt of transcript not to be construed as debt forgiveness.
7. Receipt of a transcript by a current or former student pursuant to the provisions of this act shall not be construed to forgive any debt owed by the student to an institution and shall not preclude an institution from: a. taking any action permitted by law to recoup the student’s outstanding debt; or b. withholding the diploma of a student with outstanding debt. L.2025, c.353, s.7.
N.J. Stat. § 18A:3B-109 Transcript release policy to be posted on Internet website.
8. An institution shall post its policies concerning transcript release, including policies concerning transcript release to a current or former student with an outstanding debt, on the Internet website of the institution. L.2025, c.353, s.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026