ECSheading
From the ECS State Policy Database
Postsecondary Governance and Structures--Administrative/Leadership Issues


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
CASigned into law 09/2012Community CollegeFrom bill summary: Makes legislative findings and declarations as to the necessity of a special statute for the Los Angeles Community College District. Commencing with the 2013 election, authorizes
the governing board of the Los Angeles Community College District to adopt a resolution by majority vote to enact an alternative method by which members of the governing board may be elected at large and by individual seat number. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2551-2600/ab_2572_bill_20120929_chaptered.pdf
Title: A.B. 2572
Source: www.leginfo.ca.gov

CASigned into law 09/2012Postsec.From bill summary: Requires the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Student Aid Commission, including a specified auxiliary organization, and requests the Regents of the University of California to provide for live video transmissions and to archive and post the video and audio transmissions on the entity's website for at least 12 months and within 48 hours following the initial transmission. Removes over-the-air transmissions from the list of transmissions that can be accessed through a television. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1723_bill_20120926_chaptered.pdf
Title: A.B. 1723
Source: www.leginfo.ca.gov

CASigned into law 09/2012Postsec.Encourages the recruitment and selection process for the next Chancellor of the California State University to be done in a publicly inclusive manner. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0151-0200/acr_164_bill_20120918_chaptered.pdf
Title: A.C.R. 164
Source: www.leginfo.ca.gov

ILSigned into law 08/2012Community CollegeProvides that the provisions of the Procurement of Domestic Products Act (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2622&ChapterID=7) apply to the Public Community College Act to the extent practicable, provided that the Procurement of Domestic Products Act must not be applied to the Public Community College Act in a manner inconsistent with the requirements of the Public Community College Act. http://www.ilga.gov/legislation/publicacts/97/PDF/097-1105.pdf
Title: S.B. 2929
Source: www.ilga.gov

ILSigned into law 08/2012P-12
Postsec.
Establishes the Financial Reporting Standards Board Act. Includes in definition of "agencies" all departments, officers, commissions, boards, authorities, institutions, universities, foundations, and bodies politic and corporate of the state required to submit financial reporting information to the office of the auditor general, the office of the comptroller, or the federal government. Creates the Financial Reporting Standards Board to assist the state in improving the timeliness, quality, and processing of financial reporting for the state. Includes among the powers of the board (1) the establishment of minimum qualifications, training and continuing education requirements, and best practice guidelines for state agency representatives ("GAAP coordinators") responsible for the submission of required documentation necessary for the Comprehensive Annual Financial Report, as well as providing assistance during the GAAP cycle, (2) consulting with other states and private businesses that have successfully modernized and streamlined their financial reporting systems, and (3) participating in the development of a statewide GAAP-compliant financial reporting system. Directs each state agency to submit an annual audit of its GAAP and financial statement process for the board's review. Establishes responsibilities of the comptroller's division of financial reporting in the GAAP process. Repeals these provisions effective June 30, 2016. http://www.ilga.gov/legislation/publicacts/97/PDF/097-1055.pdf
Title: S.B. 3794
Source: www.ilga.gov

ILSigned into law 07/2012Postsec.Limits permissible charges for use of an external search firm at four-year public postsecondary institutions to (1) the hiring of the president of the university or (ii) in the case of when the president of the
university and the board of trustees demonstrate a justifiable need for guidance from an individual or firm with specific expertise in the field of the hiring. http://www.ilga.gov/legislation/97/HB/PDF/09700HB5914lv.pdf
Title: H.B. 5914
Source: www.ilga.gov

ALSigned into law 05/2012Postsec.Increases the minimum amount of contracts at higher education institutions subject to the competitive bidding process from $7,500 to $15,000.
Title: S.B. 14
Source: Westlaw/StateNet

FLSigned into law 04/2012Postsec.From final bill analysis: Maintains the salary limitation on the amount of state funds that may be used for salaries of Florida College System and State University presidents and administrative employees in Fiscal Year 2012-2013. Bill text (pages 68-71 of 72): http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h5201er.docx&DocumentType=Bill&BillNumber=5201&Session=2012
Final bill analysis: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h5201z.HEAS.DOCX&DocumentType=Analysis&BillNumber=5201&Session=2012
Title: H.B. 5201 - Salary Limitations for Presidents and Administrative Employees
Source: myfloridahouse.gov

FLSigned into law 04/2012Postsec.From final bill analysis: Revises severance pay language for colleges and universities to conform to s. 215.425, F.S., providing that on or after July 1, 2011, a unit of government that enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, that contains a provision for severance pay with an officer, agent, employee, or contractor must include the following provisions in the contract: (1) A requirement that severance pay provided may not exceed an amount greater than 20 weeks of compensation; and (2) A prohibition of provision of severance pay when the officer, agent, employee, or contractor has been fired for misconduct, as defined in statute. Bill text (pages 9-10 of 72): http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h5201er.docx&DocumentType=Bill&BillNumber=5201&Session=2012
Title: H.B. 5201 - Severance Pay at Colleges and Universities
Source: myfloridahouse.gov

FLAdopted 04/2012Postsec.Proposes amendment to s. 7, Art. IX of State Constitution to revise selection process for student member of Board of Governors of State University System. From final bill analysis: If approved by 60 percent of the voters in the 2012 general election, the resolution will take effect on January 8, 2013.
Bill text: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0931er.docx&DocumentType=Bill&BillNumber=0931&Session=2012
Final bill analysis: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h0931z.KINS.DOCX&DocumentType=Analysis&BillNumber=0931&Session=2012
Title: H.J.R. 931
Source: myfloridahouse.gov

CASigned into law 08/2011Postsec.From bill summary: Require the trustees of the California State University to ensure that campuses meet specific requirements with respect to appeal procedures for a denial of admission. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0651-0700/ab_670_bill_20110803_chaptered.pdf
Title: A.B. 670
Source: www.leginfo.ca.gov

NYSigned into law 08/2011Postsec.Increases the membership of the board of trustees of the state university of New York from 17 to 18 members; new member to be the president of the faculty council of community colleges. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A002718&term=&Summary=Y&Actions=Y&Text=Y
Title: A.B. 2718
Source: assembly.state.ny.us

TXSigned into law 07/2011Postsec.Reduces the membership of the Texas Guaranteed Student Loan Corporation's board from 11 to 9 members. Makes all members gubernatorial apointees (with senate approval) (previously 10 of the 11 members were appointed by governor); directs governor to designate the board chair (board chair previously elected by board). Reduces from 5 to 4 the members who must have knowledge of or experience in finance, including management of funds or business operations. Clarifies that four postsecondary faculty or administrative representatives must be from institutions considered eligible institutions under the Higher Education Act of 1965. Pages 129-130 of 263: http://www.capitol.state.tx.us/tlodocs/821/billtext/pdf/SB00001F.pdf#navpanes=0
Title: S.B. 1
Source: www.capitol.state.tx.us

TXSigned into law 07/2011P-12
Postsec.
Amends various provisions regarding the disposal of state surplus or salvage property. Requires a state agency that determines it has surplus or salvage property to inform the Texas Facilities Commission so that the method of disposal of the property may be determined. Permits the commission to contract with a private vendor to assist in sale of the property. Provides that if surplus or salvage data processing equipment (http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2054.htm) of a state agency, state eleemosynary (charitable) institution or an institution or agency of higher education is not disposed of according to specified statutory provisions, the state agency must transfer the equipment to a district or open-enrollment charter school, an assistance organization specified by the district, or the Texas Department of Criminal Justice. Prohibits the state eleemosynary institution or institution or agency of higher education or other state agency from collecting a fee or other reimbursement from the district, school, assistance organization, or department of criminal justice for the surplus or salvage data processing equipment. Provides that if a state agency is abolished, the commission must take custody of all of the agency's property or other assets unless other law or the legislature designates another appropriate governmental entity to take custody of the property or assets.
Pages 75-82 of 263: http://www.capitol.state.tx.us/tlodocs/821/billtext/pdf/SB00001F.pdf#navpanes=0
Title: S.B. 1
Source: www.capitol.state.tx.us

CASigned into law 06/2011Community College
Postsec.
Makes provisions prohibiting the out-of-state absence of a local school board member (with exceptions for illness, military service, etc.) applicable to a member of a community college district governing board member. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0301-0350/ab_334_bill_20110701_chaptered.pdf
Title: A.B. 334
Source: www.leginfo.ca.gov

TXSigned into law 06/2011Community College
Postsec.
Requires training for all members of governing boards of public junior college districts, not only appointed members. Requires topics of such training to additionally include information about best practices in campus financial management, financial ratio analysis, and case studies using financial indicators. Requires board members' participation in such training to be recorded in the minutes of public junior college districts last meeting of a calendar year. Requires offering of training via electronic means if a member is unable to attend training otherwise. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB01206F.pdf#navpanes=0
Title: H.B. 1206
Source: www.capitol.state.tx.us

UTSigned into law 03/2011Postsec.Directs the commissioner of higher education to reallocate $1.5 million appropriated to the eight Utah higher education institutions for compensation to ensure that each higher education institution receives the same percentage compensation reduction. http://le.utah.gov/~2011/bills/hbillenr/hb0427.pdf
Title: H.B. 427
Source: le.utah.gov

NYVetoed 08/2010Postsec.Relates to qualifications for certain appointed positions with the board of trustees for the state university and CUNY. Prohibits specified SUNY trustees who are gubernatorial appointees from being employees of the governor. Prohibits specified CUNY trustees who are appointed by the governor and mayor from being employees of the governor and mayor, respectively. http://assembly.state.ny.us/leg/?default_fld=&bn=S01736&Summary=Y&Actions=Y&Text=Y
Title: S.B. 1736
Source: assembly.state.ny.us

NYSigned into law 08/2010Postsec.Amends membership of the board of trustees of the higher education services corporation [http://www.hesc.com/content.nsf/HESC/About_HESC]. Adds as member a current full-time student at an independent institution of higher education in the state. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=a8220&Summary=Y&Actions=Y&Text=Y
Title: A.B. 8220/S.B. 4199
Source: assembly.state.ny.us

NYSigned into law 08/2010Postsec.
Community College
Eliminates the requirement that the community college student member appointed by the governor to the New York State Higher Education Services Corporation's (HESC) Board of Trustees be confirmed by the senate. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A08220&Summary=Y&Actions=Y&Memo=Y&Text=Y
Title: A.B. 8220
Source: assembly.state.ny.us

ILSigned into law 07/2010P-12
Postsec.
Community College
Establishes the African American Employment Plan Act. Provides that the purposes of the act are to:

(a) improve the delivery of state services to Illinois' African Americans by increasing the number of African American state employees total and the number serving in supervisory, technical, professional and managerial positions;
(b) identify state agencies' staffing needs and qualification requirements;
(c) track hiring practices and promotions of African Americans employed by state agencies;
(d) increase the number of African Americans employed by state agencies;
(e) increase the number of African American state employees who are promoted;
(f) assist state agencies to meet their goals established pursuant to the African American Employment Plan; and
(g) establish the African American Employment Plan

Directs the department of central management services to develop and implement plans (and for each state agency to implement strategies and programs) to increase the number of African Americans employed by state agencies and the number at supervisory, technical, professional and managerial levels. Calls on the department to prepare and annually revise an African American Employment Plan, and to annually report to the general assembly each state agency's activities to implement that plan. Directs each state agency to annually report to the department of central management services and the department of human rights all of the agency's activities in implementing the African American Employment Plan. Sets forth required content of such reports. Directs the department of central management services to assist state agencies that are required to establish preparation and promotion training programs for failure to meet their affirmative action and equal employment opportunity goals.

Establishes the African American Employment Plan Advisory Council to examine: (1) the prevalence and impact of African Americans employed by state government; (2) the barriers faced by African Americans seeking employment or promotions in state government; and (3) possible incentives that could be offered to foster the employment of and promotion of African Americans in state government. Directs the council to issue an annual report of its activities, beginning February 2012.

Requires each institution of higher education under the jurisdiction of the Illinois Board of Higher Education and each community college under the jurisdiction of the Illinois Community College Board to annually report to the general assembly its activities implementing strategies and programs, and its progress, in the hiring and promotion of Hispanics and bilingual persons at supervisory, technical, professional and managerial levels, including assessments of bilingual service needs and information received from the auditor general pursuant to its periodic review responsibilities. http://www.ilga.gov/legislation/96/SB/PDF/09600SB3531lv.pdf
Title: S.B. 3531
Source: www.ilga.gov

HIBecame law without governor's signature 04/2010Postsec.Establishes a working group within the University of Hawaii board of regents candidate advisory council to ensure student involvement in recruitment and evaluation of student member candidates; makes ineligible for appointment to the regents candidate advisory council an individual who has served on the all campus council of faculty senate chairs within the last five years. http://www.capitol.hawaii.gov/session2010/Bills/SB2803_HD1_.HTM
Title: S.B. 2803
Source: www.capitol.hawaii.gov

ALSigned into law 03/2010P-12
Postsec.
Community College
Amends Sections 16-4-1.1 and 16-60-111.1. Requires the state board to post a vacancy notice for the position of state superintendent of education or chancellor on the Internet. Requires vacancy notice for chancellor's position to be additionally posted at each postsecondary campus and worksite, including all state and local board of education offices, at least 30 calendar days before the position is to be filled. Requires vacancy notice for the position of chancellor to include specified information (same information as on vacancy notice for state superintendent position). Permits state board to temporarily fill the state superintendent or chancellor's position for two 6-month periods. Adds provision that chancellor's position must be filled within 180 days after vacancy occurs .

Amends Sections 16-9-11 and Section 16-12-1. Requires local (county or city) board of education to fill a superintendent position in 120 days. Adds provision requiring notice of a local superintendent vacancy to be posted at each school campus and worksite at least 30 calendar days before the position is to be filled, and to remain posted until the position is filled. Requires notice to include specified information. Prohibits the local board from filling the position during the required posting period. Adds provision that violation of the notice requirements in this section will void any related employment action taken by the board.

Amends Section 16-60-111.9 relating to chief executive officer of any two-year school or college and CEOs of specified specialty schools in the state. Requires vacancy notice for such CEO position to be posted on the Internet. Clarifies that a vacancy in the position of executive officer may be filled by the board within more than 120 days after such vacancy occurs in the case of a financial emergency.
Title: H.B. 79
Source: www.lexis.com

CASigned into law 08/2001Postsec.
Community College
Limits the right to employment as a first-year probationary faculty member to persons previously employed as administrators who were not employed pursuant to prescribed types of contracts; provides that community college district governing boards may employ academic employees, including educational administrators, on contract with respect to prescribed projects. (Chapter No.144)
Title: S.B. 838
Source: Lexis-Nexis/StateNet

RIBecame law without GOVERNOR'S signature 06/2001Postsec.(Joint Resolution) Extends the reporting date of the special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with Rhode Island Board of Governors from January 27, 2001 to January 29, 2002 and said commission shall expire on March 29, 2002.
Title: H.B. 5188
Source: Lexis-Nexis/StateNet

MNSigned into law 05/2000Postsec.Relates to higher education. Creates a separate subdivision for the salary procedure for the chancellor of the Minnesota state colleges and universities; authorizes chancellors and presidents to receive additional compensation for early contract termination.
Title: S.B. 3386
Source: Lexis-Nexis/StateNet