State of New Jersey
Commission on Higher Education
Promoting Excellence for All

Primary Statutory Responsibilities

POLICY AND PLANNING
  • Develop a comprehensive, regularly updated master plan with advice and assistance from Presidents’ Council  (N.J.S. 18A:3B-14(a))
  • Conduct research on higher education issues  (N.J.S. 18A:3B-14(a))
  • Conduct studies upon request of the Presidents’ Council  (N.J.S. 18A:3B-14(a))
  • Require reports from institutions as necessary to perform functions  (N.J.S. 18A:3B-14(a))
  • Consult with HESAA on student assistance matters  (N.J.S. 18A:3B-14(m))
  • Develop form and content of annual institutional accountability reports  (N.J.S. 18A:3B-35)
  • Annual review of requests for state support in relation to institutional mission  (N.J.S. 18A:3B-14(g))
ADVOCACY AND INITIATIVES
  • Inform the public of needs and accomplishments of higher education  (N.J.S. 18A:3B-14(b))
  • Annual coordinated budget policy statement for Governor and Legislature  (N.J.S. 18A:3B-14(g))
  • Make recommendations to Governor and Legislature on higher education initiatives and incentive programs of statewide significance  (N.J.S. 18A:3B-14(c))
  • Lead agency of communication with the federal government on higher education issues, except student assistance  (N.J.S. 18A:3B-14(j))
  • Grant writing to obtain funds from the federal government or other entities for advancement of higher education  (N.J.S. 18A:3B-14(i))
  • Communication with the State Board and Commissioner of Education  (N.J.S. 18A:3B-14(h))
  • Communicate/collaborate with the NJ Department of Education regarding implementation of a program to promote increased cooperation between high schools and institutions of higher education  (N.J.S. 18A:61C-1) 
ADMINISTRATION

Provide general supervision of the business and operations of the Educational Opportunity Fund  (EOF) (N.J.S. 18A:71-31(b))

Oversee and administer:

Apportion and distribute moneys made available by act of Congress for use in higher education  (N.J.S. 18A:59-1)

Establish and implement regulations for:
  • Final administrative decisions over institutional licensure and university status after considering recommendations of Presidents’ Council  (N.J.S. 18A:3B-14(d))
  • Licensure of corporations wishing to furnish college-level instruction or award degrees and rules for that purpose  (N.J.S. 18A:68-3 et seq.; also N.J.S. 18A:3B-15(a))
  • Approval of institutional names that describe a college or university  (N.J.S. 18A:67-2) 
  • Final administrative decisions over new academic programs that exceed or change an institution’s programmatic mission or that are unduly duplicative or expensive  (N.J.S. 18A:3B-14(f))
  • Model code of ethics for institutions  (N.J.S. 18A:3B-14(e))
  • Capital bond funds as assigned by the Legislature  (N.J.S. 18A:3B-14(k), also N.J.S. 18A:3B-22, N.J.S. 18A:3B-23, N.J.S. 18A:3B-24, and N.J.S. 18A:3B-25, powers and duties under pre-1994 capital program acts transferred to the Commission; N.J.S. 18A:72A-70 and N.J.S. 18A:72A-80, rulemaking authority under post-1994 capital program acts to date) 
  • Domicile for purposes of in-state tuition  (N.J.S. 18A:62-4; also N.J.S. 18A:3B-15(c))
  • Criteria for chargeback between counties  (N.J.S. 18A:64A-23(b))
  • EOF  (N.J.S. 18A:71-33(f), EOF board) 
  • Minority Faculty Advancement Program  (N.J.S. 18A:72F-11; joint responsibility with EOF executive director)
  • Minority Undergraduate Fellowship Program  (N.J.S. 18A:72M-6; joint responsibility with EOF executive director)
  • Establishment of a county community college  (N.J.S. 18A:64A-2 through 11) 
  • Certain community college personnel policies  (N.J.S. 18A:3B-15(f))

RESPONSIBILITIES OF THE COMMISSION ON HIGHER EDUCATION CHAIRPERSON

Chair or designee serves as an ex officio member of:
  • Board of Directors of the Educational Opportunity Fund (N.J.S. 18A:71-32)
  • Board of the Higher Education Student Assistance Authority (N.J.S. 18A:71A-4) 
  • Educational Facilities Authority (N.J.S. 18A:72A-4(b))

RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE COMMISSION ON HIGHER EDUCATION

Serves as an ex officio member of:
  • NJ Commission Higher Education (nonvoting)
  • State Employment and Training Commission (SETC) (N.J.S. 34:15C-3)
  • State Council for Adult Literacy Education Services (N.J.S. 34:15C-18b)
  • Prepaid Higher Education Expense Board (N.J.S. 18A:71B-69b)
  • NJ Commission on Environmental Education (N.J.S. 18A:6-91.1a)
  • Abbott Implementation Council (by executive order)
  • Homeland Security Technology Systems Center Advisory Board (by executive order)

OTHER STATUTORY INVOLVEMENT OF THE COMMISSION ON HIGHER EDUCATION

The Chairman of the Commission on Higher Education at the request 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. (N.J.S. 18A:3B-34.a.)

The chairman, at the request 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. (N.J.S. 18A:3B-34.b.)

 The chairman, at the request 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. (N.J.S. 18A:3B-34.c.)

At the request of the Governor, the Commission chairman has visitorial powers of supervision and control over Rutgers (i.e., powers to visit the university to examine into its manner of conducting its affairs and to enforce an observance of its laws and regulations and the laws of the state) (N.J.S. 18A:65-34)

Rutgers University property is subject to visitorial powers of the Chairman of the Commission at the request of the Governor (N.J.S. 18A:65-33.1)

General powers of supervision and control of the Commission chairman at the request of the Governor over UMDNJ include the power to visit the university to examine into its manner of conducting its affairs and to enforce an observance of its laws and regulations and the laws of the state (N.J.S. 18A:64G-3.6) 

Exceptions to the limitation of UMDNJ baccalaureate programs to the upper division may be made with Commission approval except as provided by law (N.J.S. 18A:64G-3.9) 

Advisory Graduate Medical Education Council (AGMEC) is responsible to the Commission (N.J.S. 18A:64H-2); the Commission shall
  • Upon advice of the council and concurrence of the health commissioner, plan for graduate medical education programs, set standards for participating hospitals, establish standards for use of state appropriations, determine number/type of programs relative to state needs (N.J.S. 18A:64H-5)
  • Promulgate implementing rules (N.J.S. 18A:64H-8)

Advisory Committee on Alternatively Accredited Medical School Clinical Clerkships is created within the Commission (N.J.S. 18A:64H-9); the Commission shall

  • Adopt implementing rules (N.J.S. 18A:64H-15)
The Board of Governors of Rutgers University shall advise, in consultation with Commission and Presidents’ Council, to the end that the facilities and services of the university may be so utilized as to increase the efficiency of the public school system and provide higher education for the people of the state (N.J.S. 18A:65-35)

Tuition Aid Grant Program

  • In the event the amount appropriated is insufficient for full awards, the Higher Education Student Assistance Authority, in consultation with the Commission, shall reduce awards equitably among students (N.J.S. 18A:71B-21)
Garden State Savings Bond Program
  • State Treasurer, in consultation with Commission, provides for additional financial incentives to bond holders to encourage in-state enrollment
    (N.J.S. 18A:71B-30)
  • State Treasurer or issuing agency shall report to Commission the results of each separate sale of bonds (N.J.S. 18A:71B-32)
  • State Treasurer, in consultation with Commission, shall approve additional financial incentives, possible purchase limits, and minimum denominations (N.J.S. 18A:71B-33)
  • The Commission and the State Treasurer shall assess the program’s effectiveness and recommend necessary changes (N.J.S. 18A:71B-34)

With the advice of the State Advisory Committee on Bilingual Education, recommend state support to institutions for professional development of professionals serving bilingual populations (N.J.S. 18A:35-25)

Review of institutional guidelines and procedures for literacy programs, in conjunction with sponsoring agencies, to help promote uniformity among the institutions (N.J.S. 18A:62-21)


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NJ Commission on Higher Education, PO Box 542, Trenton, NJ 08625-0542| 609-292-4310
Last updated: June 30, 2008