§ 116-11. Powers and duties generally.
§ 116‑11. Powers andduties generally.
The powers and duties of theBoard of Governors shall include the following:
(1) The Board ofGovernors shall plan and develop a coordinated system of higher education inNorth Carolina. To this end it shall govern the 16 constituent institutions,subject to the powers and responsibilities given in this Article to the boardsof trustees of the institutions, and to this end it shall maintain closeliaison with the State Board of Community Colleges, the Community CollegesSystem Office and the private colleges and universities of the State. TheBoard, in consultation with representatives of the State Board of CommunityColleges and of the private colleges and universities, shall prepare and fromtime to time revise a long‑range plan for a coordinated system of highereducation, supplying copies thereof to the Governor, the members of the GeneralAssembly, and the institutions. Statewide federal or State programs thatprovide aid to institutions or students of post‑secondary educationthrough a State agency, except those related exclusively to the communitycollege system, shall be administered by the Board pursuant to any requirementsof State or federal statute in order to insure that all activities areconsonant with the State's long‑range plan for higher education.
(2) The Board ofGovernors shall be responsible for the general determination, control,supervision, management and governance of all affairs of the constituentinstitutions. For this purpose the Board may adopt such policies andregulations as it may deem wise. Subject to applicable State law and to theterms and conditions of the instruments under which property is acquired, theBoard of Governors may acquire, hold, convey or otherwise dispose of, invest andreinvest any and all real and personal property, with the exception of anyproperty that may be held by trustees of institutional endowment funds underthe provisions of G.S. 116‑36 or that may be held, under authoritydelegated by the Board of Governors, either by a board of trustees or bytrustees of any other endowment or trust fund.
(3) The Board shalldetermine the functions, educational activities and academic programs of theconstituent institutions. The Board shall also determine the types of degreesto be awarded. The powers herein given to the Board shall not be restricted byany provision of law assigning specific functions or responsibilities todesignated institutions, the powers herein given superseding any suchprovisions of law. The Board, after adequate notice and after affording theinstitutional board of trustees an opportunity to be heard, shall haveauthority to withdraw approval of any existing program if it appears that theprogram is unproductive, excessively costly or unnecessarily duplicative. TheBoard shall review the productivity of academic degree programs every twoyears, using criteria specifically developed to determine program productivity.
(4) The Board ofGovernors shall elect officers as provided in G.S. 116‑14. Subject to theprovisions of section 18 of this act [Session Laws 1971, Chapter 1244, section18], the Board shall also elect, on nomination of the President, the chancellorof each of the constituent institutions and fix his compensation. The Presidentshall make his nomination from a list of not fewer than two names recommendedby the institutional board of trustees.
(4b) The Board ofGovernors shall encourage the constituent institutions to offer courses inAmerican Sign Language as a modern foreign language.
(5) The Board ofGovernors shall, on recommendation of the President and of the appropriateinstitutional chancellor, appoint and fix the compensation of all vice‑chancellors,senior academic and administrative officers and persons having permanenttenure.
(5a) [Expired.]
(5b) The Board ofGovernors may by resolution provide that, until July 1, 1998, every president,vice‑president, and other administrative officer of the University whomit elects and who is not subject to Chapter 126 of the General Statutes, andevery chancellor, vice‑chancellor, senior academic officer, senioradministrative officer, and faculty member who serves a constituent institutionor agency of the University and who is not subject to Chapter 126 of theGeneral Statutes, shall retire on July 1 coincident with or next following hisseventieth birthday, unless continued in service on a year‑to‑yearbasis in accordance with regulations adopted by the Board of Governors.
(6) The Board shallapprove the establishment of any new publicly supported institution above thecommunity college level.
(7) The Board shall settuition and required fees at the institutions, not inconsistent with actions ofthe General Assembly.
(8) The Board shall setenrollment levels of the constituent institutions.
(8a) The Board ofGovernors, after consultation with representatives from nonpublic schools,including representatives of nonpublic schools operated under Parts 1 and 3 ofArticle 39 of Chapter 115C of the General Statutes, and after taking intoconsideration comments received from the Joint Legislative Education OversightCommittee, shall adopt a policy regarding uniform admissions requirements forapplicants from nonpublic schools lawfully operated under Article 39 of Chapter115C of the General Statutes. The policy shall not arbitrarily differentiatebetween applicants based upon whether the applicant attended a public or alawfully operated nonpublic school.
(9) a. TheBoard of Governors shall develop, prepare and present to the Governor and theGeneral Assembly a single, unified recommended budget for all of theconstituent institutions of The University of North Carolina. Therecommendations shall consist of requests in three general categories: (i)funds for the continuing operation of each constituent institution, (ii) fundsfor salary increases for employees exempt from the State Personnel Act and(iii) funds requested without reference to constituent institutions, itemizedas to priority and covering such areas as new programs and activities,expansions of programs and activities, increases in enrollments, increases toaccommodate internal shifts and categories of persons served, capitalimprovements, improvements in levels of operation and increases to remedydeficiencies, as well as other areas. The president may present to the GeneralAssembly an updated estimate of tuition, fees, and other receipts by June 15 ofeach year to be included in the budget for the following fiscal year.
a1. The Board ofGovernors shall provide full documentation and justification of any enrollmentchange funding request at the time it is recommended. This documentation andjustification shall include the most recent academic year's actual enrollmentnumbers in the same format in which the growth increase request is made. The actualenrollment numbers shall be the actual student credit hours (SCH) or full‑timeequivalencies (FTE).
b. Funds for thecontinuing operation of each constituent institution shall be appropriateddirectly to the institution. Funds for salary increases for employees exemptfrom the State Personnel Act shall be appropriated to the Board in a lump sumfor allocation to the institutions. Funds for the third category in paragraph aof this subdivision shall be appropriated to the Board in a lump sum for allocationto the institutions. The Board shall make allocations among the institutions inaccordance with the Board's schedule of priorities and any specifications inthe Current Operations Appropriations Act. When both the Board and the Directorof the Budget deem it to be in the best interest of the State, funds in thethird category may be allocated, in whole or in part, for other items withinthe list of priorities or for items not included in the list. Provided, nothingherein shall be construed to allow the General Assembly, except as to capitalimprovements, to refer to particular constituent institutions in anyspecifications as to priorities in the third category.
c. The Director of theBudget may, on recommendation of the Board, authorize transfer of appropriatedfunds from one institution to another to provide adjustments for over or underenrollment or may make any other adjustments among institutions that wouldprovide for the orderly and efficient operation of the institutions.
d. Repealed by SessionLaws 1987, c. 795, s. 27.
(10) The Board shallcollect and disseminate data concerning higher education in the State. To thisend it shall work cooperatively with the Community Colleges System Office andshall seek the assistance of the private colleges and universities. It mayprescribe for the constituent institutions such uniform reporting practices andpolicies as it may deem desirable.
(10a) The Board ofGovernors, the State Board of Community Colleges, and the State Board ofEducation, in consultation with private higher education institutions definedin G.S. 116‑22(1), shall plan a system to provide an exchange ofinformation among the public schools and institutions of higher education to beimplemented no later than June 30, 1995. As used in this section,"institutions of higher education" shall mean public higher educationinstitutions defined in G.S. 116‑143.1(a)(3), and those private highereducation institutions defined in G.S. 116‑22(1) that choose toparticipate in the information exchange. The information shall include:
a. The number of highschool graduates who apply to, are admitted to, and enroll in institutions ofhigher education;
b. College performanceof high school graduates for the year immediately following high schoolgraduation including each student's: need for remedial coursework at theinstitution of higher education that the student attends; performance instandard freshmen courses; and continued enrollment in a subsequent year in thesame or another institution of higher education in the State;
c. The progress ofstudents from one institution of higher education to another; and
d. Consistent anduniform public school course information including course code, name, anddescription.
TheDepartment of Public Instruction shall generate and the local schooladministrative units shall use standardized transcripts in an automated formatfor applicants to higher education institutions. The standardized transcriptshall include grade point average, class rank, end‑of‑course testscores, and uniform course information including course code, name, unitsearned toward graduation, and credits earned for admission from an institutionof higher education. The grade point average and class rank shall be calculatedby a standard method to be devised by the institutions of higher education.
TheBoard of Governors shall coordinate a joint progress report on theimplementation of the system to provide an exchange of information among thepublic and independent colleges and universities, the community colleges, andthe public schools. The report shall be made to the Joint Legislative EducationOversight Committee no later than February 15, 1993, and annually thereafter.
(10b) The Board of Governorsof The University of North Carolina shall report to each community college andto the State Board of Community Colleges on the academic performance of thatcommunity college's transfer students.
(11) The Board shallassess the contributions and needs of the private colleges and universities ofthe State and shall give advice and recommendations to the General Assembly tothe end that the resources of these institutions may be utilized in the bestinterest of the State.
(12) The Board shall giveadvice and recommendations concerning higher education to the Governor, theGeneral Assembly, and the boards of trustees of the institutions.
(12a) The Board of Governorsof The University of North Carolina shall implement, administer, and reviseprograms for meaningful professional development for professional public schoolemployees based upon the evaluations and recommendations made by the StateBoard of Education under G.S. 115C‑12(26). The programs shall be alignedwith State education goals and directed toward improving student academicachievement. The Board of Governors shall submit to the State Board ofEducation an annual report evaluating the professional development programsadministered by the Board of Governors.
(12b) The Board of Governorsof The University of North Carolina shall designate the UNC programs that willcomprise the UNC Center for School Leadership Development. The Board ofGovernors shall submit to the Governor and the General Assembly a single,unified recommended budget for the continued operation and expansion of theprograms in the Center for School Leadership Development.
(12c) The Board of Governorsmay create one airport authority to support the missions of the University ofNorth Carolina at Chapel Hill or the University of North Carolina Health CareSystem. An authority so created shall be a political subdivision of the State.The territorial jurisdiction of the authority shall be the county in which thethe airport may be established under G.S. 116‑271(c). Article 33 of thisChapter provides for such authorities.
(13) The Board may delegateany part of its authority over the affairs of any institution to the board oftrustees or, through the President, to the chancellor of the institution in anycase where such delegation appears necessary or prudent to enable theinstitution to function in a proper and expeditious manner. The Board maydelegate any part of its authority over the affairs of The University of NorthCarolina to the President in any case where such delegation appears necessaryor prudent to enable The University of North Carolina to function in a properand expeditious manner. Any delegation of authority may be rescinded by theBoard at any time in whole or in part.
(14) The Board shallpossess all powers not specifically given to institutional boards of trustees. (1971, c. 1244, s. 1; 1979,c. 862, s. 8; c. 896, s. 13; 1979, 2nd Sess., c. 1130, s. 1; 1983, c. 163; c.717, ss. 29, 30; c. 761, s. 113; 1983 (Reg. Sess., 1984), c. 1019, s. 2; 1985,c. 757, s. 152; 1985 (Reg. Sess., 1986), c. 955, ss. 23‑27; 1987, c. 795,s. 27; 1991 (Reg. Sess., 1992), c. 880, ss. 2, 6; c. 1039, s. 25; 1993, c. 407,s. 2; 1993 (Reg. Sess., 1994), c. 677, s. 14; 1995, c. 288, s. 3; 1997‑221,s. 12(b); 1997‑240, s. 3; 1998‑212, s. 11.12(a); 1999‑84, s.19; 2001‑424, s. 31.4(b); 2005‑276, s. 9.34(b); 2006‑66, s.9.17(a); 2006‑95, s. 2.2; 2006‑203, s. 40; 2007‑154, s. 3(a);2008‑107, s. 9.8; 2008‑204, s. 4.1.)