ASSEMBLY HIGHER EDUCATION COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 4220

with committee amendments

STATE OF NEW JERSEY

DATED:  SEPTEMBER 23, 2024

      The Assembly Higher Education Committee reports favorably Assembly Committee Substitute for Assembly Bill No. 4220 with committee amendments.

      This committee substitute, as amended, revises the Statewide transfer agreements for the transfer of academic credit and reverse credit at public institutions of higher education and establishes the position of New Jersey Transfer Ombudsperson within the Office of the Secretary of Higher Education.

      Under current law, each public institution of higher education is required to establish and enter into a collective Statewide transfer agreement that provides for the seamless transfer of academic credits across public institutions of higher education.  Similarly, current law requires institutions of higher education, both public and independent, to establish and enter into a collective Statewide reverse transfer agreement for the awarding of associate degrees by the county colleges.  Under current law, the Statewide transfer agreement is established by public institutions of higher education in consultation with the New Jersey Commission on Higher Education and the New Jersey Presidents’ Council and the Statewide reverse transfer agreement is established by public institutions of higher education in consultation with the Secretary of Higher Education and the New Jersey Presidents’ Council.

      This amended committee substitute modifies both the collective Statewide transfer agreement and the collective Statewide reverse transfer agreement and requires each public institution of higher education to enter into the modified agreements. Under the amended substitute, the agreements are to be developed by the New Jersey Presidents’ Council, in consultation with the New Jersey Transfer Ombudsperson established by the bill. Under the amended committee substitute, the Statewide transfer agreement is to be approved by the Secretary of Higher Education.

      The amended committee substitute establishes the position of the New Jersey Transfer Ombudsperson within the Office of the Secretary of Higher Education. The purpose of the ombudsperson is to facilitate the resolution of disputes between students and public institutions of higher education regarding the institution’s compliance with the Statewide credit transfer agreement. Under the amended substitute, the ombudsperson is to be responsible for:

      (1) overseeing and assessing the compliance of public institutions of higher education with the provisions of the bill and current law;

      (2)  final administrative decisions over disputes between students and public institutions of higher education regarding the transfer of academic credits only after every reasonable effort has been exhausted by the student and the institution to resolve the dispute. In making a final administrative decision, the ombudsperson is to give appropriate consideration to any potential negative affect of a decision on the programmatic accreditation of the institution; provided, however, that the institution is afforded the opportunity to specifically demonstrate in each case the potential negative effect of a decision not in favor of the institution on the programmatic accreditation held by the institution;

      (3)  the periodic review, occurring not less than once every five years, of the Statewide credit transfer agreement to ensure compliance with the applicable provisions of law. The review is to take into account, as appropriate, final administrative decisions made by the ombudsperson; and

      (4)  preparation of the annual credit transfer report.

      The amended committee substitute also requires each public institution of higher education to provide transfer students with data on program outcomes of students who have transferred from other public institutions of higher education in the State, including completion rates. 

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

· stipulate that the Statewide transfer agreement is to be approved by the Secretary of Higher Education;

· stipulate that the listing of general education core courses included in the Statewide transfer agreement is to be developed in accordance with regulations promulgated by the secretary;

· require the Statewide transfer agreement to include policies and procedures for the transfer of credits from courses completed under a dual enrollment or concurrent enrollment agreement between a public school in the State and a public institution of higher education;

· specify that the annual report prepared by the ombudsperson for the secretary is to be posted on the website of the Office of the Secretary of Higher Education;

· stipulate the additional data that is to be included in the annual report prepared by the ombudsperson for the secretary;

· provide that the ombudsperson is only to resolve disputes after every reasonable effort has been exhausted by a student and institution to resolve the dispute;

· clarify that the ombudsperson is responsible for overseeing and assessing the compliance of public institutions of higher education with the provisions of the bill;

· require the ombudsperson to, in making a final administrative decision, specify the provision or provisions of the Statewide transfer agreement relevant to the decision in writing to the student and the institution;

· require the periodic review by the ombudsperson of the Statewide transfer agreement to take financial administrative decisions made by the ombudsperson into account; and

· make technical changes to clarify that certain sections of the bill apply to public institutions of higher education.