Section 20-2011-L - Powers and duties of state board of higher education(a) General rule.--The board is charged with promoting quality, accessible and affordable postsecondary education throughout this Commonwealth by developing, planning and advancing the higher education policy agenda of the Commonwealth to address the challenges facing Pennsylvania.(b) General powers.--The board shall have and may exercise all powers appropriate to carry out and effectuate the board's purposes under this article, including, but not limited to: (1) Adopt bylaws, if necessary.(2) Make and execute contracts, grants and other instruments in accordance with this article.(3) Apply for and receive money from any source consistent with the purposes of this article.(4) Establish subcommittees and advisory committees composed as the chair or board deems necessary.(5) Hold public hearings, solicit public comment and seek stakeholder input on the direction of higher education in this Commonwealth.(6) Perform other operational activities necessary or appropriate to further the purposes of this article.(c)Duties.--The board shall perform all duties appropriate to carry out and effectuate the board's purposes under this article, including, but not limited to: (1) Develop and advance a higher education strategic plan and make recommendations that promote greater postsecondary access, quality, affordability and accountability.(2) Develop policy recommendations, including: (I) New programs to align to workforce needs.(II) Efficient and effective use of State money for higher education.(3)(i) Create and maintain a database for the collection and analysis of postsecondary data to inform the board's policy recommendations and assess the progress of the strategic plan goals, including postsecondary education and workforce outcomes.(ii) Data collection under this paragraph shall be limited and reduced to the extent feasible.(iii) To the extent possible, the board shall prioritize collecting information from data reported to Federal and State entities and accrediting agencies.(iv) Annually, the board shall report postsecondary data elements collected from institutions of higher education under this paragraph. The report shall be transmitted to the General Assembly and posted on the board's publicly accessible Internet website.(v) The provisions of section 118 shall not apply to data collected under this paragraph.(4) Promote the coordination and cooperation of institutions of higher education to increase postsecondary credentials and degrees to:(i) Increase broad access to high quality and affordable postsecondary credentials and degrees.(ii) Promote the seamless transfer of credits and credentials, including increasing community college transfers to institutions of higher education.(iii) Utilize dual-enrollment credit to create strong pathways to postsecondary education and reduce time to degree.(iv) Meet the economic and workforce development needs of this Commonwealth with a focus on meeting the needs of current and future high-priority occupations.(5) In conjunction with the k-12 sector, coordinate workforce development and economic development sectors, with a focus on meeting the needs of high-priority occupations, to develop affordable pathways to postsecondary credentials that are aligned to current and future workforce and economic needs.(6) Establish the council to carry out the purposes of subarticle C.(7) At the request of an institution of higher education, assist institutions of higher education with assessing their fiscal health and provide technical support.(8) Recommend to the General Assembly employer incentives to assist employees with attaining skills by focusing on career and technical degree programs in high-priority occupations.(9) Develop recommendations for repurposing and reducing under-utilized facilities and maximizing their use.(d) Transfer of powers and duties.-- (1) All powers and duties of the State Board of Education and the Council of Higher Education under article XIX-A shall be transferred to the board. This paragraph does not apply to any application for a withdrawal of sponsorship under section 1910-A filed prior to the effective date of this paragraph.(2) All powers and duties of the State Board of Education and the Council of Higher Education under article XXVI-B related to community colleges shall be transferred to the board.(3) All files, records, contracts, agreements and other materials which are used by the State Board of Education or the Council of Higher Education in connection with the powers, duties or functions exercised by the State Board of Education or the Council of Higher Education related to community colleges are hereby transferred to the board.(4) A regulation adopted under article XIX-A shall be enforced by the board in collaboration with the State Board of Education and shall continue to have the same force and effect until modified or revised by the board. The board may promulgate regulations in order to implement this subsection.(5) The board, in consultation with the State Board of Education, shall make recommendations to the Governor and General Assembly no later than May 1, 2025, regarding the appropriate delineation of roles and responsibilities of the board, State Board of Education and department related to higher education, including recommended legislation to update articles XIX-A and XXVI-B, and other related provisions of this act.(e) Coordination with state and local entities.--The board shall: (1) In consultation with the department, promote strong pathways from grades k-12 through postsecondary credentials and degrees.(2) In consultation with the State Board of Education, promote greater postsecondary access, quality and affordability, including the use and quality of dual credit, apprenticeships and career and technical pathways.(3) In consultation with the Pennsylvania Workforce Development Board and local workforce development boards, support institutions of higher education to offer programs in high-priority occupations and apprenticeships that meet this Commonwealth's current and future workforce needs.(4) In consultation with the State Board of Private Licensed Schools, make legislative recommendations related to the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act.(f)Closure of institutions of higher education.--(1) No later than July 1, 2026, the board shall develop procedures for an institution of higher education to follow when the institution of higher education, whether or not chartered in this Commonwealth, proposes taking action to discontinue operations. The procedures shall include a plan for the orderly closure of the institution of higher education, including, but not limited to, a teach-out plan, preservation and accessibility of student and administrative records, and notification to employees as required by 29 U.S.C. Ch. 23 (relating to worker adjustment and retraining notification).(2) The board may, contingent on the availability of funds, enter into an agreement with a third party to establish a centralized repository of student and employee records for an institution of higher education that closes and fails to place student records into a readily accessible depository. An institution of higher education proposing to discontinue operations may request assistance from the board relating to discontinuance of the institution of higher education's operations.(3) To the extent permitted by Federal and State law, Commonwealth funds may be withheld from an institution of higher education provided that:(I) No funds may be withheld prior to the institution of higher education's formal vote and subsequent notification of closure.(II) No funds may be withheld from services which have been previously provided or will be provided prior to the date of closure.(III) No funds provided for student financial aid may be withheld on the basis of this section prior to the date of closure or at such time that the student is no longer enrolled at the institution of higher education. Added by P.L. (number not assigned at time of publication) 2024 No. 69,§ 10, eff. 7/17/2024.