S1461

An Act concerning academic credit transfer at institutions of higher education, amending P.L.2007, c.175 and P.L.2017, c.130, and supplementing chapter 62 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2007, c.175 (C.18A:62-46) is amended to read as follows:

1. [Each public institution of higher education, in consultation with the New Jersey Commission on Higher Education and the New Jersey Presidents' Council, shall establish and enter into a collective Statewide transfer agreement that provides for the seamless transfer of academic credits to a baccalaureate degree program from a completed associate of arts degree program, a completed associate of science degree program, or a completed associate in applied science in technical studies degree program which has credits transferred by the NJ PLACE program from apprenticeship programs] Each public institution of higher education shall enter into a collective Statewide transfer agreement developed by the New Jersey Presidents’ Council, in consultation with the New Jersey Transfer Ombudsperson established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and approved by the Secretary of Higher Education, that provides for the transfer of academic credits between all public institutions of higher education in the State, including academic credits earned through a dual enrollment or concurrent enrollment agreement. The transfer agreement shall include:

a. a listing of the general education [core] courses [as stipulated by] compiled by the secretary in consultation with the Presidents' Council;

b. policies and procedures for the [seamless]:

(1) transfer and application of academic credits for general education courses between public institutions of higher education that ensure that credits for general education courses are fully transferable and applicable across all public institutions of higher education, except where transferability would adversely impact certification, licensure, or accreditation requirements at the receiving institution;

(2) transfer and application of academic credits to a baccalaureate degree program from a completed associate degree program[, including a guarantee] that ensure that an associate [of arts] degree[, associate of science degree, or associate in applied science in technical studies degree which has credits transferred by the NJ PLACE program from apprenticeship programs,] awarded by a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes shall be fully transferable and credited as the first two years of a baccalaureate degree program at the four-year public institution of higher education in the State to which a student is admitted, except where transferability would adversely impact certification, licensure, or accreditation requirements at the receiving institution; and

(3) transfer and application of academic credits for courses completed under a dual enrollment agreement or a concurrent enrollment agreement between a public school in the State and a public institution of higher education in the State, which policies and procedures ensure that credits for these courses are fully transferable and applicable across all participating institutions of higher education, except where transferability would adversely impact certification, licensure, or accreditation requirements at the receiving institution; and

(4) transfer and application of academic credits for courses completed under a dual enrollment agreement or a concurrent enrollment agreement approved by the Secretary of Higher Education that permits the dual enrollment or concurrent enrollment of a student at both a public school in the State and an out-of-State institution of higher education;

c. policies and procedures for the [implementation of an appeals process for students and institutions to resolve disputes regarding the transfer of academic credits] implementation of an appeals process at each participating institution of higher education for students and institutions to resolve disputes regarding the transfer of academic credits;

d. [policies and procedures for the annual review and update of the agreement; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

e. policies and procedures for the collection of data by the [commission] secretary to be utilized by the New Jersey Transfer Ombudsperson established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) to ensure that all [participating] public institutions of higher education are in compliance with the provisions of [this act] P.L.2007, c.175 (C.18A:62-46 et seq.), as amended and supplemented, and to ensure that the agreement is fostering [both a seamless] the transfer process and the academic success of transfer students at the [senior] receiving institutions. The [commission] secretary shall annually determine the data to be collected and shall notify each [participating] public institution in a timely manner; and

f. policies and procedures for the transfer and application of academic credits earned through participation in dual enrollment or concurrent enrollment.

[The policies and procedures set forth in the transfer agreement shall be fully operational by September 1, 2008, except that, with respect to associate in applied science in technical studies degree programs which have credits transferred by the NJ PLACE program from apprenticeship programs, the transfer agreement shall be fully operational by September 1, 2011.]

As used in this section, “general education” means instruction that presents forms of expression, fields of knowledge, and methods of inquiry fundamental to intellectual growth and to a mature understanding of the world and the human condition, as distinguished from “specialized education,” which prepares individuals for particular occupations or specific professional responsibilities.

(cf: P.L.2009, c.200, s.2)

2. Section 1 of P.L.2017, c.130 (C. 18A:62-46.1) is amended to read as follows:

1. a. [Each institution of higher education, in consultation with the Secretary of Higher Education and the New Jersey Presidents' Council, shall establish and enter into a collective Statewide reverse transfer agreement] Each institution of higher education shall enter into a collective Statewide reverse transfer agreement developed by the New Jersey Presidents’ Council, in consultation with the New Jersey Transfer Ombudsperson established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and approved by the Secretary of Higher Education. Under the agreement, a student enrolled in a four-year institution of higher education who has a cumulative total of 66 credits earned between a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes and the four-year institution may be awarded an associate degree by the county college. The reverse transfer agreement shall address the following:

(1) the effective communication between the county college and the four-year institution on student transcripts and course equivalencies;

(2) the process by which a student is notified of potential eligibility, and by which the four-year institution obtains the consent of the student for release of [his] the student’s transcript to the county college;

(3) procedures for advising students on the courses that a student needs to complete to attain an associate degree; and

(4) [policies and procedures for the annual review and update of the agreement; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(5) policies and procedures for the collection of data by the secretary to ensure that all institutions are in compliance with this section. The secretary shall annually determine the data to be collected and shall notify each institution in a timely manner.

b. [The policies and procedures set forth in the collective Statewide reverse transfer agreement shall be fully operational by September 1, 2018.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. (1) The annual report prepared by the Secretary of Higher Education pursuant to section 4 of P.L.2007, c.175 (C.18A:62-49) shall include an analysis of each institution's compliance with the provisions of this section.

(2) [In the first annual report issued after the effective date of this act, the secretary shall identify the institutions that have entered into a reverse transfer agreement prior to that effective date, and the institutions that enter into an agreement on or after that effective date.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2017, c.130, s.1)

3. Section 2 of P.L.2007, c.175 (C.18A:62-47) is amended to read as follows:

2. [On or before January 1, 2008, each] Each public institution of higher education shall, in consultation with the [Commission on] Secretary of Higher Education and the Presidents' Council, develop and adopt as part of the collective Statewide transfer agreement established pursuant to section 1 of [this act] P.L.2007, c.175 (C.18A:62-46), policies and procedures for the transfer of credits earned by a student who has not completed [his] an associate degree program prior to transferring into a baccalaureate degree program[, except that, with respect to associate in applied science in technical studies degree programs which have credits transferred by the NJ PLACE program from apprenticeship programs, those policies and procedures shall be developed and adopted on or before January 1, 2011].

(cf: P.L.2009, c.200, s.3)

4. Section 4 of P.L.2007, c.175 (C.18A:62-49) is amended to read as follows:

4. The [Commission on Higher Education] New Jersey Transfer Ombudsperson established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall prepare an annual report for the Secretary of Higher Education containing a compilation of the data collected pursuant to subsection e. of section 1 of [this act] P.L.2007, c.175 (C.18A:62-46), as amended and supplemented, an analysis of the effect of the agreement on the transfer process and on the academic success of transfer students at the senior institutions, and an analysis of each [participating] public institution's compliance with the provisions of [this act] P.L.2007, c.175 (C.18A:62-46 et seq.), as amended and supplemented. The [commission] secretary shall annually submit the report to the [Legislature and the] Governor [by November 15th of each year] , and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

(cf: P.L.2007, c.175, s.4)

5. (New section) a. The position of the New Jersey Transfer Ombudsperson shall be established within the Office of the Secretary of Higher Education. The primary purpose of the ombudsperson shall be to serve as a resource for students and participating institutions of higher education regarding compliance with the credit transfer agreement established pursuant to section 1 of P.L.2007, c.175 (C.18A:62-46), as amended and supplemented, in order to foster the transfer process and the academic success of transfer students. The ombudsperson may, upon the request of a student or participating institution of higher education, serve as an impartial third-party mediator of disputes between one or more students and a participating institution or between two or more participating institutions. In this capacity, the ombudsperson shall collect and review all necessary data and information and seek appropriate input from faculty, administrators, and other stakeholders before reporting on the final resolution of the dispute. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to confer upon the ombudsperson the authority to compel an institution of higher education to accept academic credits.

b. The ombudsperson shall be qualified by training and experience to perform the duties of the office.

c. The ombudsperson shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the ombudsperson’s duties. The ombudsperson shall regularly convene, but not more than biannually, stakeholders from participating institutions to determine best practices in credit transfer and share findings related to the institutions’ implementation of the credit transfer agreement.

d. The ombudsperson shall be responsible for:

(1) the periodic review, occurring not less than once every five years, of the agreement to ensure compliance with the provisions of P.L.2007, c.175 (C.18A:62-46 et seq.), as amended and supplemented; and

(2) preparation of the annual credit transfer report required pursuant to section 4 of P.L.2007, c.175 (C.18A:62-49), which shall be posted publicly on the website of the Office of the Secretary of Higher Education. The report shall include, but not be limited to:

(a) the number of student transfers between public institutions of higher education;

(b) the number of associate and baccalaureate degree completions for transfer students;

(c) any public institutions of higher education determined by the ombudsperson to be noncompliant with the credit transfer standards established pursuant to section 1 of P.L.2007, c.175 (C.18A:62-46), as amended and supplemented; and

(d) recommendations, as appropriate, to the Secretary of Higher Education and the Legislature regarding the credit transfer standards and any other initiatives or proposals towards improving the experiences and academic outcomes of transfer students.

6. (New section) Each public institution of higher education shall 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. The data shall include general and specific programmatic outcomes, as those measures are determined by the secretary.

7. (New section) The Secretary of Higher Education shall approve or disapprove any dual enrollment or concurrent enrollment agreement in which the partnering institution of higher education is located out-of-State.

8. (New section) The Secretary of Higher Education shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act.

9. This act shall take effect immediately.

STATEMENT

This bill modifies the collective Statewide transfer agreement and reverse transfer agreement and establishes the New Jersey Transfer Ombudsperson within the Office of the Secretary of Higher Education.

Current law requires each public institution of higher education to enter into a collective Statewide transfer agreement, in consultation with the Secretary of Higher Education and the New Jersey Presidents’ Council. This bill requires each public institution of higher education to enter into a collective Statewide transfer agreement developed by the New Jersey Presidents’ Council, in consultation with the New Jersey Transfer Ombudsperson established pursuant to the bill’s provisions, and approved by the Secretary of Higher Education. The agreement is to provide for the transfer of academic credits between all public institutions of higher education in the State, including academic credits earned through a dual enrollment or concurrent enrollment agreement.

Under the bill, the agreement would include:

(1) a listing of the general education courses compiled by the secretary in consultation with the Presidents' Council;

(2) policies and procedures for the:

(a) transfer and application of academic credits for general education courses between public institutions of higher education; and

(b) transfer and application of academic credits to a baccalaureate degree program from a completed associate degree program;

(c) transfer and application of academic credits for courses completed under a dual enrollment agreement or a concurrent agreement between a public school in the State and a public institution of higher education in the State;

(d) transfer and application of academic credits for courses completed under certain dual enrollment agreement or concurrent enrollment agreements approved by the Secretary of Higher Education;

(3) policies and procedures for the implementation of an appeals process at each participating institution of higher education for students and institutions to resolve disputes regarding the transfer of academic credits;

(4) policies and procedures for the collection of data by the secretary to be utilized by the New Jersey Transfer Ombudsperson to ensure compliance with the law; and

(5) policies and procedures for the transfer and application of academic credits earned through participation in dual enrollment or concurrent enrollment.

The bill removes a provision in current law that requires the annual review and update of the collective Statewide transfer agreement.

Current law requires each institution of higher education, in consultation with the Secretary of Higher Education and the New Jersey Presidents’ Council, to establish and enter into a collective Statewide reverse transfer agreement. This bill requires each institution of higher education to enter into a collective Statewide reverse transfer agreement developed by the New Jersey Presidents’ Council, in consultation with the New Jersey Transfer Ombudsperson and approved by the Secretary of Higher Education. The bill removes a provision in current law that requires the annual review and update of the agreement.

The bill establishes the position of the New Jersey Transfer Ombudsperson within the Office of the Secretary of Higher Education. The primary purpose of the ombudsperson is to serve as a resource for students and participating institutions of higher education regarding compliance with the credit transfer agreement in order to foster the transfer process and the academic success of transfer students. The ombudsperson may, upon the request of a student or participating institution of higher education, serve as an impartial third-party mediator of disputes between one or more students and a participating institution or between two or more participating institutions.

The bill directs the ombudsperson to regularly convene, but not more than biannually, stakeholders from participating institutions to determine best practices in credit transfer and share findings related to the institutions’ implementation of the credit transfer agreement.

Under the bill, the ombudsperson is responsible for the: (1) periodic review, occurring not less than once every five years of the agreement; and (2) preparation of the annual credit transfer report.

The bill stipulates that the provisions of the bill are not to be construed to confer upon the ombudsperson the authority to compel an institution of higher education to accept academic credits.

The bill directs the Secretary of Higher Education to approve or disapprove any dual enrollment or concurrent enrollment agreement in which the partnering institution of higher education is located out-of-State.