24 Pa. Stat. § 20-2010-L

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 20-2010-L - State board of higher education
(a) Establishment.--The State Board of Higher Education is established within the department.
(b) Purpose.--The purpose of the board is to provide direction, coordination and support to ensure that institutions of higher education fully meet the workforce and economic development needs of this Commonwealth and ensure that all residents of this Commonwealth have access to affordable, world-class postsecondary education.
(c) Membership and appointment.--The board shall consist of the voting members specified in this subsection. In making appointments to the board, the Governor shall ensure that the appointee is a Pennsylvania resident and has the background and experience suitable for performing the statutory responsibility of a member of the board. Membership of the board shall be as follows:
(1) The Secretary of Education or a designee who shall be an employee of the department.
(2) The Secretary of Labor and Industry or a designee who shall be an employee of the Department of Labor and Industry.
(3) One member of the Senate appointed by the President pro tempore of the Senate or a designee who shall be an employee of the Senate.
(4) One member of the Senate appointed by the Minority Leader of the Senate or a designee who shall be an employee of the Senate.
(5) One member of the House of Representatives appointed by the Speaker of the House of representatives or a designee who shall be an employee of the House of Representatives.
(6) One member of the House of Representatives appointed by the Minority Leader of the House of Representatives or a designee who shall be an employee of the House of Representatives.
(7) Members appointed by the Governor, in accordance with paragraph (8), as follows:
(i) One representative of a State-owned university who must be a president, administrator or local trustee.
(ii) One representative of the Board of Governors of the State System of Higher Education.
(iii) One representative of a community college who must be a president, administrator or board member.
(iv) One representative of an independent institution of higher education who must be a president, administrator or board member.
(v) Four representatives, one from each State-related university, who must be presidents, chancellors, administrators or local trustees.
(vi) Two representatives of a union representing employees at public institutions of higher education who may not be from the same institutions of higher education as the representatives under subparagraph (i) or (iii).
(vii) Two representatives of business.
(viii) Two student representatives, one of whom is a student at an independent institution and one of whom is a student at a public institution of higher education.
(ix) One representative of the Thaddeus Stevens College of Technology.
(8) The Governor shall make the appointments under:
(i) Paragraph (7)(iii) from a list of three names submitted by the Pennsylvania Commission for Community Colleges;
(ii) Paragraph (7)(iv) from a list of three names submitted by the Association of Independent Colleges and Universities; and
(iii) Paragraph (7)(vii) from a list of five names submitted by the Pennsylvania Chamber of Business and Industry.
(9) If an entity under paragraph (8) fails to submit a list within 20 days of the establishment of the board or of a vacancy of a member under paragraph (7), the Governor shall appoint a qualified individual to fill the vacancy.
(d) Term.--The term of office of appointed members under subsection (c)(7)(i), (ii), (iii), (iv), (v), (vii) and (ix) shall be for a period of six years or until a successor is appointed and qualified, except that, of the initial appointees, the Governor shall designate three members to serve terms of two years, four members to serve terms of four years and four members to serve terms of six years. The Secretary of Education and the Secretary of Labor and Industry shall serve as long as they continue in office. Members of the board appointed by the General Assembly shall serve a term of office concurrent with their respective elective terms as members of the General Assembly. The student members appointed by the Governor under subsection (c)(7)(viii) shall serve a term of two years or upon graduation, separation or failure to maintain good academic standing at the institution of higher education in which the students are enrolled. The members under subsection (c)(7)(vi) may not serve more than one consecutive term of two years and may not be from the same union.
(e) Organization.--The Governor shall designate a chair and vice chair of the board. The members shall select from among themselves such officers as they deem necessary.
(f)Quorum and meetings.--
(1) A majority of members shall constitute a quorum for the transaction of any business.
(2) The board shall meet to conduct official business no less than once every three months or by the call of the chair.
(g) Expenses.--Members shall receive no compensation for their services but shall be reimbursed for the expenses necessarily incurred by them in the performance of their duties.
(h) Initial appointment and vacancies.--An appointing authority shall appoint members to the board within 30 days of the establishment of the board. If a vacancy occurs on the board, the appointing authority shall appoint a successor member within 30 days of the vacancy.
(i)Removal of board members.--An appointed member who fails to attend three consecutive board meetings shall forfeit their membership on the board, unless the chair, upon written request from the member, determines that the member should be excused from a meeting or meetings for good cause.
(j) Administrative services and staff.--
(1) The board shall select an individual to serve as the executive director.
(2) The department shall, in consultation with the executive director, provide administrative services and additional staff to the board. The board shall be entitled to legal counsel as designated by the Office of General Counsel.
(k) Applicability.--In addition to all applicable laws, regulations and policies, the following acts shall apply to the board:
(1) The act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act.
(2) The act of February 14, 2008 (P.L.6, No.3), known as the Right-To-Know Law.
(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11 (relating to ethics standards and financial disclosure).

24 P.S. § 20-2010-L

Added by P.L. (number not assigned at time of publication) 2024 No. 69,§ 10, eff. 7/17/2024.