1. BOARD OF GOVERNORS FOR HIGHER EDUCATION. All powers not expressly delegated are reserved by the Board of Governors. In addition, the following powers and duties are enumerated in 16-59-4 of the Education Act of 1981 as amended by Article XIII of the Appropriations Act of 1981 and reenactments through 2004:

1.1 To approve a systematic program of information gathering, processing, and analysis addressed to every level, aspect and form of higher education in the State of Rhode Island especially as that information relates to current and future educational needs so that current needs may be met with reasonable promptness and plans formulated to meet future needs as they arise in the most efficient and economical manner possible.

1.2 To approve a master plan defining broad goals and objectives for higher education in the state including a Comprehensive Capital Development Program. These goals and objectives shall be expressed in terms of what men and women should know and be able to do as a result of their educational experience. The Board of Governors shall continuously evaluate the efforts and results of education in the light of these objectives.

1.3 To formulate broad policy to implement the goals and objectives established and adopted by the Board of Governors from time to time; to adopt standards and require enforcement and to exercise general supervision over all higher public education in the state and over independent higher education in the state. The Board of Governors, however, shall not engage in the operation or administration of any subordinate committee, university, college, junior or community college, except its own Office of Higher Education and except as specifically authorized by an act of the general assembly, provided, however, the President of each institution of higher learning shall be the chief administrative and executive officer of that institution; and provided further that nothing contained herein shall prohibit their direct access to or interfere with the relationship between the Presidents and the Board of Governors. The adoption and submittal of the budget, the allocation of appropriations, the approval of tables of organization, the creation, abolishment and consolidation of departments, divisions, programs and courses of study, and the acquisition, holding, disposition and general management of property shall not be construed to come within the purview of the foregoing prohibition. The Board shall communicate with and seek and advice of the Commissioner of Higher Education and all those concerned with and affected by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

1.4 To prepare with the assistance of the Commissioner of Higher Education and to present annually to the state Budget Officer in accordance with section 35-3-4 of the general laws of Rhode Island, 1956, as amended, a state higher educational budget, which shall include, but not be limited to, the budget of the Office of Higher Education and the budget of the state colleges. In the preparation of said budget, and in the allocation of its total appropriation, the Board shall determine priorities of expenditures for public higher education purposes of state revenues and other public resources made available for the support of higher public education. Provided that nothing in this subsection contained shall authorize the Board to alter the allocation of grants or aid otherwise provided by law.

1.5 To maintain an Office of Higher Education; to provide for its staffing and organization; and to appoint a Commissioner of Higher Education who shall serve at its pleasure.

1.6 To appoint and dismiss Presidents of the public institutions of higher learning with the assistance of the Commissioner of Higher Education, and to establish procedures therefore, and with the assistance of the Commissioner to approve or disapprove Vice Presidents of the public institutions of higher learning appointed by the respective Presidents of public institutions of higher learning. #21-22-6

1.7 To establish such other educational agencies or subcommittees necessary or desirable for the conduct of any or all aspects of higher education and to determine all powers and functions as well as composition of any such agencies or subcommittees and to dissolve the same when their purpose shall have been fulfilled.

1.8 To exercise the authority hereto before vested in the Board of Regents for Education with relation to independent higher educational institutions within the state under the terms (of Chapter 40 of title 16) of the general laws of Rhode Island, 1956, as amended, and such other laws affecting independent higher education in the state.

1.9 To enforce the provisions of all laws relating to higher education, public and independent.

1.10 To be responsible for all the functions, powers and duties which heretofore were vested in the Board of Regents for Education relating to higher education, including but not limited to the following specific functions:

a. To approve the tables of organization at public institutions of higher learning with the assistance of the Commissioner of Higher Education.

b. To adopt and require standard accounting procedures for the Office of Higher Education and all public colleges and universities.

c. To create, abolish and consolidate departments, divisions, programs and courses of study within the public colleges and universities with the assistance of the Commissioner of Higher Education after consultation with the Presidents.

d. To establish a clear and definitive mission for each public institution of higher learning with the assistance of the Commissioner of Higher Education.

e. On or before February 1, 1982, to present for review and oversight to the House and Senate Finance Committees, plans for reallocation of appropriated funds.

f. To otherwise promote maximum efficiency, economy and cooperation in the delivery of public higher educational services in the state and cooperation with independent institutions of higher education.

1.11 To incorporate into its own affirmative action reporting process periodic reports monitoring specific faculty and staff searches by the chair of the search committee to include the rationale for granting those interviews as well as the final hiring results. The institutions must empower their affirmative action officers to monitor searches in this manner, to intervene during the search, and, when necessary, to cause a search to cease if affirmative action goals are not being adequately served. #21-22-6

1.12 To incorporate a specific category for accountability on affirmative action goals and implementation as part of the board’s annual evaluations and three year reviews for the presidents of each of the public institutions of higher education.

1.13 To make a formal request of the governor that whenever the opportunity arises to make new appointments to the board, that the governor make every effort to increase the number of African Americans, Native Americans and Hispanics to the board.

*Education Act of 1981 as amended by Article XII of the Appropriations Act of 1981 and reenactments through 2004.

2. COMMISSIONER OF HIGHER EDUCATION. The Board shall appoint a Commissioner of Higher Education, who shall serve at the pleasure of the board, provided that the person’s initial engagement by the Board shall be for a period of not more than three years. The Commissioner shall serve as the chief executive officer of the Board of Governors and as the chief administrative officer of the Office of Higher Education. The Commissioner of Higher Education shall have such duties as are defined in section 16-59-6 and elsewhere in the Education Act of 1981 and other such additional duties as may be determined by the Board from time to time and shall perform such other duties as may be vested in the Commissioner by law. In addition to the foregoing duties and general supervision of the Office of Higher Education and the appointment of the several officers and employees of said office, it shall be the duty of the Commissioner of Higher Education: #21-22-6

2.1 To develop and implement a systematic program of information gathering, processing and analysis addressed to every aspect of higher education in the state, especially as that information relates to current and future educational needs. #21-22-6

2.2 To prepare a master plan for higher education in the state; to coordinate the goals and objectives of the public higher education sector with the activities of the independent higher education sector where feasible.

2.3 To communicate with and seek the advice of those concerned with and affected by the Board of Governors’ determinations.

2.4 To implement broad policy as it pertains to the goals and objectives established by the Board from time to time; to enforce standards and to exercise general supervision over public higher education in the state and over independent higher education in the state; to assist in the preparation of the budget for public higher education and to be responsible upon direction of the Board for the allocation of appropriations, the acquisition, holding, disposition and general management of property.

2.5 To be responsible for the coordination of the various higher educational functions of the state so that maximum efficiency and economy can be achieved.

2.6 To assist the Board in the preparation and presentation annually to the State Budget Officer in accordance with section 35-3-4 of the general laws of Rhode Island, 1956, as amended, a total public higher educational budget.

2.7 To recommend to the Board of Governors, after consultation with the Presidents, a clear and definitive mission for each public institution of higher learning.

2.8 To recommend to the Board of Governors, after consultation with the Presidents, tables of organization for the public institutions of higher learning.

2.9 To recommend annually to the Board of Governors, after consultation with the Presidents, the creation, abolition, retention or consolidation of departments, divisions, programs and courses of study within the public colleges and universities to eliminate unnecessary duplication in public higher education and to address the future needs of public higher education in the state.

2.10 To supervise the operations of the Office of Higher Education and such other additional duties and responsibilities as may be assigned by the Board from time to time.

2.11 To perform the duties vested in the Board of Governors with relation to independent higher educational institutions within the state under the terms of chapter 40 of title 16 within the General Laws of Rhode Island, 1956, as amended and such other laws as affect independent higher education in the state.

2.12 To be responsible for the administration of policies, rules and regulations of the Board of Governors with relation to the entire field of higher education within the state, not specifically granted to any other department, board or agency and not incompatible with law.

2.13 To prepare standard accounting procedures for public higher education and all public colleges and universities.

2.14 To carry out the policies and directives of the Board of Governors through the Office of Higher Education and through utilization of the resources of the public institutions of higher education.

2.15 To direct the office of higher education to compile and analyze the following information for presentation to the speaker of the house and governor on or before June 1, 1991, and by May 1st annually thereafter:

a. A detailed departmental breakdown of all faculty members employed at each state run college and university by rank (including all professors, associate professors, assistant professors, lecturers, assistant teaching professors, associate teaching professors, teaching professors and instructors) and tenure (tenured and nontenured, other) and by race (African American, Hispanic, Native American and Asian) and gender. Editorial Informational Report 22-23-2

b. A detailed report on current student enrollments for each class at each state run college and university by race and gender; by academic department, and by outreach program (e.g. talent development), guaranteed admissions program; and the current levels of funding and staff support for each of these programs.

c. A report on the current status of African and Afro American Studies programs at each institution and a five year budgetary history of the programs along with projections for budgetary support for the next two years.

d. A plan for recruitment of African American and Hispanic faculty into tenure track positions at each institution with specific reference to and planned involvement with the New England higher Education’s minority faculty recruitment and development plan. Certified copies of said report shall be furnished to the board of governors and the president of the state colleges and universities.

3. OFFICE OF HIGHER EDUCATION. The Board shall maintain an Office of Higher Education which shall perform such research and administrative functions and duties required of the Board by the provisions of Chapter 59 of the Education Act of 1981 and reenactments through 2004.

4. OPERATING EXECUTIVE COMMITTEE shall be composed of the President of the University of Rhode Island, the President of Rhode Island College, the President of the Community College of Rhode Island and the Commissioner of Higher Education. The Commissioner of Higher Education shall chair the committee.

4.1 The purpose of the Operating Executive Committee shall include but not be limited to developing coherent plans for the elimination of unnecessary duplication in public higher education and addressing the future needs of higher education within the State of Rhode Island in the most efficient and economical manner possible. All recommendations and information gathered at the meetings of the Committee shall be forwarded to the Board of Governors by the Commissioner of Higher Education in conjunction with the Presidents for approval and disapproval.