§ 16-59-4 - Powers and duties of board.
SECTION 16-59-4
§ 16-59-4 Powers and duties of board.– The board of governors for higher education shall have, in addition to thoseenumerated 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 highereducation in this state especially as that information relates to current andfuture educational needs so that current needs may be met with reasonablepromptness and plans formulated to meet future needs as they arise in the mostefficient and economical manner possible.
(2) To approve a master plan defining broad goals andobjectives for higher education in the state including a comprehensive capitaldevelopment program. These goals and objectives shall be expressed in terms ofwhat men and women should know and be able to do as a result of theireducational experience. The board of governors shall continuously evaluate theefforts and results of education in the light of these objectives.
(3) To formulate broad policy to implement the goals andobjectives established and adopted by the board of governors, to adoptstandards and require enforcement and to exercise general supervision over allhigher public education in the state and over independent higher education inthe state as provided in subdivision (8) of this section. The board ofgovernors shall not engage in the operation or administration of anysubordinate committee, university, junior college, or community college, exceptits own office of higher education and except as specifically authorized by anact of the general assembly; provided, the presidents of each institution ofhigher learning shall be the chief administrative and executive officers ofthat institution; and provided that nothing contained in this section shallprohibit their direct access to or interfere with the relationship between thepresidents and the board of governors. The adoption and submittal of thebudget, the approval of tables of organization, the creation, abolishment, andconsolidation of departments, divisions, programs, and courses of study, andthe acquisition, holding, disposition, and general management of property shallnot be construed to come within the purview of the preceding prohibition. Theboard shall communicate with and seek the advice of the commissioner of highereducation and all those concerned with and affected by its determinations as aregular procedure in arriving at its conclusions and in setting its policy.
(4) To prepare and maintain a five (5) year funding plan forhigher education; to prepare with the assistance of the commissioner of highereducation and to present annually to the state budget officer in accordancewith § 35-3-4 a state higher educational budget, which shall include, butnot be limited to, the budget of the office of higher education and the budgetof the state colleges. In the preparation of the budget, the board shalldetermine priorities of expenditures for public higher education purposes ofstate revenues and other public resources made available for the support ofhigher public education. Nothing contained in this subdivision shall authorizethe board to alter the allocation of grants or aid otherwise provided by law.
(5) To maintain an office of higher education; to provide forits staffing and organization; and to appoint a commissioner of highereducation pursuant to § 16-59-6, who shall serve at its pleasure. Thecommissioner of higher education and the office of higher education shall havethe duties and responsibilities as defined in §§ 16-59-6 and 16-59-7.
(6) To appoint and dismiss presidents of the publicinstitutions of higher learning with the assistance of the commissioner ofhigher education, and to establish procedures for this, and with the assistanceof the commissioner to approve or disapprove vice presidents of the publicinstitutions of higher learning appointed by the respective presidents of thepublic institutions of higher learning.
(7) To establish other educational agencies or subcommitteesnecessary or desirable for the conduct of any or all aspects of highereducation and to determine all powers, functions, and composition of anyagencies or subcommittees and to dissolve them when their purpose shall havebeen fulfilled.
(8) To exercise the authority vested in the board of regentsfor education with relation to independent higher educational institutionswithin the state under the terms of chapter 40 of this title, and other lawsaffecting independent higher education in the state.
(9) To enforce the provisions of all laws relating to highereducation, public and independent.
(10) To be responsible for all the functions, powers, andduties which were vested in the board of regents for education relating tohigher education, including but not limited to the following specific functions:
(i) To approve the tables of organization at publicinstitutions of higher learning with the assistance of the commissioner ofhigher education.
(ii) To adopt and require standard accounting procedures forthe office of higher education and all public colleges and universities.
(iii) To create, abolish, and consolidate departments,divisions, programs, and courses of study within the public colleges anduniversities with the assistance of the commissioner of higher education afterconsultation with the presidents.
(iv) To establish a clear and definitive mission for eachpublic institution of higher learning with the assistance of the commissionerof higher education.
(v) To promote maximum efficiency, economy, and cooperationin the delivery of public higher educational services in the state andcooperation with independent institutions of higher education.
(11) To incorporate into its own affirmative action reportingprocess periodic reports monitoring specific faculty and staff searches by thechairperson of the search committee to include the rationale for granting thoseinterviews and the final hiring results. The institutions must empower itsaffirmative action officer to monitor searches in this manner, to interveneduring the search, and, when necessary, to cause a search to cease ifaffirmative action goals are not being adequately served.
(12) To incorporate a specific category for accountability onaffirmative action goals and implementation as part of the board's annualevaluations and three (3) year reviews for the presidents of each of the publicinstitutions of higher education.
(13) To make a formal request of the governor that wheneveran opportunity arises to make new appointments to the board, that the governormake every effort to increase the number of African Americans, NativeAmericans, Asians, and Hispanics on the board.
(14) Within ninety (90) days after the end of each fiscalyear, the board shall submit an annual report to the governor, the speaker ofthe house of representatives, and the president of the senate of its activitiesduring that fiscal year. The report shall provide: an operating statementsummarizing meetings or hearings held, subjects addressed, decisions rendered,rules or regulations promulgated, studies conducted, policies and plansdeveloped, approved, or modified, and programs administered or initiated; aconsolidated financial statement of all funds received and expended includingthe source of the funds, a listing of any staff supported by these funds, and asummary of any clerical, administrative or technical support received; asummary of performance during the previous fiscal year includingaccomplishments, shortcomings and remedies; a synopsis of hearings, complaints,suspensions, or other legal matters related to the authority of the board; abriefing on anticipated activities in the upcoming fiscal year; and findingsand recommendations for improvements. The director of the department ofadministration shall be responsible for the enforcement of the provisions ofthis subsection.
(15) The board shall conduct a training course for newlyappointed and qualified members within six (6) months of their qualification.The course shall be developed by the chairperson of the board, approved by theboard, and conducted by the chairperson of the board. The board may approve theuse of any board or staff members or other individuals to assist with training.The training course shall include instruction in the following areas: theprovisions of chapters 42-46, 36-14, and 38-2; and the board's own rules. Thedirector of the department of administration shall, within ninety (90) days ofthe effective date of this act [March 24, 2006], prepare anddisseminate training materials relating to the provisions of chapters 42-46,36-14, and 38-2.