23-38.90 - Memoranda of understanding.
§ 23-38.90. Memoranda of understanding.
Effective July 1, 2008, any public institution of higher education may enterinto a memorandum of understanding with the appropriate Cabinet Secretary orSecretaries, as designated by the Governor, for additional operationalauthority in any operational area or areas adopted by the General Assembly inaccordance with law provided that the authority granted in the memorandum ofunderstanding is consistent with that institution's ability to manage itsoperations in the particular area or areas and provided that the followinggeneral criteria are met:
1. The institution has received and maintained Council certification pursuantto § 23-9.6:1.01 for the most recent year that the Council has completedcertification;
2. An absolute two-thirds or more of the institution's governing body shallhave voted in the affirmative for a resolution expressing the sense of thebody that the institution is qualified to be, and should be, governed bymemoranda of understanding as provided in this chapter; and
3. The institution must adopt at least one new education-related measure foreach area of operational authority for which a memorandum of understanding isrequested. Each education-related measure and its respective target shall bedeveloped in consultation with the Secretary of Finance, Secretary ofEducation, the appropriate Cabinet Secretary, and the Council. Eacheducation-related measure and its respective target must be approved by theCouncil and shall become part of the certification required by § 23-9.6:1.01.
Within 15 days of receipt of a request from a public institution of highereducation to enter into a memorandum of understanding as provided herein, theCabinet Secretary or Secretaries receiving that request shall notify theChairmen of the House Committee on Appropriations and the Senate Committee onFinance of the request. The Cabinet Secretary or Secretaries shall determinewithin 90 calendar days whether or not to enter into the requested memorandumof understanding, or some variation thereof. If the determination is to enterinto a memorandum of understanding with the institution, the CabinetSecretary or Secretaries shall forward a copy of the governing body'sresolution and a copy of the memorandum of understanding to the Chairmen ofthe House Committee on Appropriations and the Senate Committee on Finance.Each initial memorandum of understanding shall remain in effect for a periodof three years. Subsequent memoranda of understanding shall remain in effectfor a period of five years. If the determination is not to enter into amemorandum of understanding with the institution, the Cabinet Secretary orSecretaries shall notify the Chairmen of the House Committee onAppropriations and the Senate Committee on Finance of the reasons for denyingthe institution's request. If an institution's request is denied, nothing inthis section shall prohibit the institution from submitting a future requestto enter into a memorandum of understanding pursuant to this section.
(2005, cc. 933, 945; 2008, cc. 824, 829.)