§ 16-59-4. Powers and duties of the council on postsecondary education.
The council on postsecondary education shall have, in addition to those enumerated
in § 16-59-1, the following powers and duties:
(1) To approve a systematic program of information gathering, processing, and analysis
addressed to every level, aspect, and form of higher education in this state especially
as that information relates to current and future educational needs so that current
needs may be met with reasonable promptness and plans formulated to meet future needs
as they arise in the most efficient and economical manner possible.
(2) To develop and approve a strategic plan implementing broad goals and objectives for
higher education in the state as established by the board of education, including
a comprehensive capital development program.
(3) To formulate broad policy to implement the goals and objectives established and adopted
by the board of education; to adopt standards and require enforcement; and to exercise
general supervision over all higher public education in the state and over independent
higher education in the state as provided in subsections (8) and (9) of this section.
The board of education and the council shall not engage in the operation or administration
of any subordinate committee, university, junior college, or community college, except
its own office of postsecondary education and except as specifically authorized by
an act of the general assembly; provided, the presidents of each institution of higher
learning shall be the chief administrative and executive officers of that institution;
and provided that nothing contained in this section shall prohibit their direct access
to or interfere with the relationship between the presidents and the board of education
and the council.
(4) To communicate with and seek the advice of the commissioner of postsecondary education,
the presidents of the public higher education institutions, and all those concerned
with, and affected by, its determinations as a regular procedure in arriving at its
conclusions and in setting its policy.
(5) To prepare and maintain a five-year (5) funding plan for higher education that implements
the strategic financing recommendations of the board of education; to prepare, with
the assistance of the commissioner of postsecondary education, and to present annually
to the state budget officer, in accordance with § 35-3-4, a state higher education budget, which shall include, but not be limited to, the
budget of the office of postsecondary education and the budget of the state colleges.
In the preparation of the budget, the council shall implement priorities established
by the board of education of expenditures for public higher education purposes of
state revenues and other public resources made available for the support of higher
public education. Prior to submitting the budget to the state budget officer as required
by the budget office instructions and this subsection, the council shall present the
budget to the board of education for its review and approval. Nothing contained in
this subdivision shall authorize the council to alter the allocation of grants or
aid otherwise provided by law.
(6) To maintain an office of postsecondary commissioner; to provide for its staffing and
organization; and to manage and oversee a commissioner of postsecondary education
pursuant to duties and responsibilities defined in §§ 16-59-6 and 16-59-7 [repealed]. The commissioner of postsecondary education and the office of postsecondary
commissioner shall have the duties and responsibilities as defined in §§ 16-59-6 and 16-59-7 [repealed].
(7) To appoint and dismiss presidents of the public institutions of higher learning with
the assistance of the commissioner of postsecondary education, and to establish procedures
for this, and with the assistance of the commissioner to approve or disapprove vice
presidents of the public institutions of higher learning appointed by the respective
presidents of the public institutions of higher learning.
(8) To establish other educational agencies or subcommittees necessary or desirable for
the conduct of any or all aspects of higher education and to determine all powers,
functions, and composition of any agencies or subcommittees and to dissolve them when
their purpose shall have been fulfilled.
(9) To exercise the authority vested in the board of regents for education with relation
to independent higher educational institutions within the state under the terms of
chapter 40 of this title, and other laws affecting independent higher education in
the state.
(10) To enforce the provisions of all laws relating to higher education, public and independent.
(11) To be responsible for all the functions, powers, and duties that were vested in the
board of regents for education relating to higher education, including, but not limited
to, the following specific functions:
(i) To approve the role and scope of programs at public institutions of higher learning
with the assistance of the commissioner of postsecondary education which shall include,
but not be limited to, populations to be served, the type and level of programs, and
academic fields offered.
(ii) To adopt and require standard accounting procedures for the office of postsecondary
commissioner and all public colleges and universities.
(iii) To approve a clear and definitive mission for each public institution of higher learning
with the assistance of the commissioner of postsecondary education that is consistent
with the role and scope of programs at the public institutions.
(iv) To promote maximum efficiency, economy, and cooperation in the delivery of public
higher educational services in the state and cooperation with independent institutions
of higher education.
(12) To incorporate into its own affirmative action reporting process periodic reports
monitoring specific faculty and staff searches by the chairperson of the search committee
to include the rationale for granting those interviews and the final hiring results.
The institutions must empower their affirmative action officer to monitor searches
in this manner; to intervene during the search; and, when necessary, to cause a search
to cease if affirmative action goals are not being adequately served.
(13) To incorporate a specific category for accountability on affirmative action goals
and implementation as part of the board's annual evaluations and three-year (3) reviews
for the presidents of each of the public institutions of higher education.
(14) To make a formal request of the governor that, whenever an opportunity arises to make
new appointments to the board, that the governor make every effort to increase the
number of African Americans, Native Americans, Asians, and Hispanics on the board.
(15) To develop coherent plans for the elimination of unnecessary duplication in public
higher education and addressing the future needs of public education within the state
in the most efficient and economical manner possible.
(16) To delegate to the presidents of each public higher education institution the authority
and responsibility for operational and management decisions related to their institutions,
consistent with the goals of the statewide strategic plan for postsecondary education;
provided, however, that the presidents may be required to provide information or updates
to the council regarding any delegated operational or management decisions.
(17) To approve application and renewal fees for all postsecondary institutions situated
in Rhode Island, public or private, that choose to participate in an interstate, postsecondary
distance-education reciprocity agreement.
(18) To the extent necessary for participation, and to the extent required and stated in
an interstate distance-learning reciprocity agreement, the council shall promulgate
procedures to address complaints received from out-of-state students in connection
with, or related to, any Rhode Island postsecondary institution, public or private,
that has been approved to participate in an interstate distance-learning reciprocity
agreement.
(19) To serve as the governing body of the division of higher education assistance and
exercise all powers and duties of the division of higher education assistance as set
forth under the terms of Chapter 57 of this title; however, any debts, liabilities,
or obligations of the council that result from its status as such governing body shall
be payable solely from the revenues or assets of reserve funds set forth and established
by the prior Rhode Island higher education assistance authority and/or the Rhode Island
division of higher education assistance created pursuant to Chapter 57 of this title,
and not from any assets or property held by the council on postsecondary education
pursuant to this chapter.
(20) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest
of any eligible loan made by a lender to any eligible borrower in existence prior
to July 1, 2015, for the purpose of assisting the students in obtaining an education
in an eligible institution, subject, however, to the limitation regarding any debts,
liabilities, or obligations of the council set forth in subsection (19) above, and
in § 16-57-12.
(21) To prescribe rules and regulations deemed necessary or desirable to carry out the
purposes of serving as a guaranty agency for the loans set forth in subsection (20)
of this section, including without limitation rules and regulations:
(i) To ensure compliance by the division with the requirements imposed by statutes or
regulation governing the guaranty, insurance, purchase, or other dealing in eligible
loans by federal agencies, instrumentalities, or corporations;
(ii) To set standards of eligibility for educational institutions, students, and lenders
and to define residency and all other terms as the division deems necessary to carry
out the purposes of this chapter; and
(iii) To set standards for the administration of programs of postsecondary student financial
assistance assigned by law to the division, including but not limited to savings programs.
Administrative rules governing savings programs shall authorize the division, in conjunction
with the commissioner of postsecondary education, to negotiate reciprocal agreements
with institutions in other states offering similar savings programs for the purpose
of maximizing educational benefits to students in this state.
(22) To establish penalties for violations of any order, rule, or regulation of the division,
and a method for enforcing these.
(23) To set and collect fees and charges, in connection with its guaranties and servicing,
including without limitation reimbursement of costs of financing by the division,
service charges, and insurance premiums and fees and costs associated with implementing
and administering savings programs established pursuant to this chapter.
(24) To hold and operate property previously held by the higher education assistance authority
in trust for the state, and to acquire, hold, and dispose of the property and other
like property as deemed necessary for the execution of its corporate purposes.
(25) To direct the public colleges of higher education to adopt and, upon approval by the
council, execute a process to accept the advanced placement subject test scores of
students who obtain a three (3) or better in any advanced placement course for college
credit.