New Jersey-2024-A4220-Amended

An Act concerning academic credit transfer at public 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] 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) ¹and approved by the Secretary of Higher Education¹, that provides for the transfer of academic credits between all public institutions of higher education in the State ²,including academic credits earned through a dual enrollment or concurrent enrollment agreement². The transfer agreement shall be submitted to the Secretary of Higher Education for review and approval every five years and shall include:

a. a listing of the general education core courses¹,¹ as [stipulated] compiled by the 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)¹. The listing of general education core courses shall be developed in accordance with regulations promulgated by the Secretary of Higher Education¹;

b. policies and procedures for the [seamless] transfer and application of academic credits:

(1) for general education courses between public institutions of higher education, which policies and procedures ensure that credits for general education courses are fully transferable and applicable across all public institutions of higher education; ¹[and]¹

(2) to a baccalaureate degree program from a completed associate degree program, [including a guarantee] which policies and procedures 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;¹ ²[and]²

(3) 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 ²in the State², which policies and procedures ensure that credits for these courses are fully transferable and applicable across all ²[public] participating² institutions of higher education;¹

²(4) 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; and

(5) for general education courses between participating independent institutions of higher education and public institutions of higher education, which policies and procedures ensure that credits for these courses are fully transferable and applicable across all participating institutions of higher education;²

c. policies and procedures for the [implementation of an appeals process for students and institutions to resolve disputes regarding the transfer of academic credits] New Jersey Transfer Ombudsperson established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) to utilize in facilitating the resolution of credit transfer disputes between students and public institutions of higher education;

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 of Higher Education 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] ²[public] participating² 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] ²[public] participating² 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 public institution of higher education[, in consultation with the Secretary of Higher Education the New Jersey Presidents' Council,] shall [establish and] 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). Under the agreement, a student enrolled in a ²participating² four-year ²[¹public¹]² 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 ²participating² four-year ²[¹public¹]² 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 ²participating² four-year ²[¹public¹]² institution on student transcripts and course equivalencies;

(2) the process by which a student is notified of potential eligibility, and by which the ²participating² four-year ²[¹public¹]² 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] Secretary of Higher Education to ensure that all ²participating² institutions are in compliance with this section. The secretary shall annually determine the data to be collected and shall notify each ²participating² 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 ¹[Secretary of Higher Education] New Jersey Transfer Ombudsperson¹ pursuant to section 4 of P.L.2007, c.175 (C.18A:62-49) shall include an analysis of each ²participating² 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)

²d. An independent institution of higher education in the State may elect to enter into the agreement.²

(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 ²[public] participating² institution of higher education shall, in consultation with the [Commission on] Secretary of Higher Education [and] , the Presidents' Council, and the New Jersey Transfer Ombudsperson established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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), as amended and supplemented, 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. ¹a.¹ 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 ¹[senior] four-year public¹ institutions, and an analysis of each [participating] ²[public] participating² 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 ¹post the report on the Internet website of the Office of the Secretary of Higher Education and¹ annually submit the report to the [Legislature and the] New Jersey Presidents' Council, 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).

¹b. The report required pursuant to subsection a. of this section shall include, but not be limited to, data on:

(1) the number of student transfers between four-year public institutions of higher education ²[and] ,² the number of student transfers between county colleges and four-year public institutions of higher education², and the number of student transfers between a public institution of higher education and a participating independent institution of higher education²;

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

(3) the number of students transferring from a county college to a four-year public institution of higher education, the number of credits awarded by a county college and, of those credits the number of general education credits applied to a baccalaureate degree program, the number of credits applies to a student's program of study, and the number of credits applied as elective credit;

(4) the number of credits awarded to a student during the student's high school enrollment through a dual enrollment agreement or a concurrent enrollment agreement and, of those credits, the number of general education credits applied to an associate's or baccalaureate degree program, the number of credits applied to a student's program of study, and the number of credits applied as elective credit;

(5) any ²[public] participating² institutions of higher education determined by the ombudsperson to be noncompliant with the agreement established pursuant to section 1 of P.L.2007, c.175 (C.18A:62-46), as amended and supplemented; and

(6) recommendations, as appropriate, to the Secretary of Higher Education and the Legislature regarding the Statewide transfer agreement and any other initiatives or proposals towards improving the experiences and academic outcomes of transfer students.¹

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

5. (New section) a. The position of ¹the¹ New Jersey Transfer Ombudsperson shall be established within the Office of the Secretary of Higher Education. The ¹primary¹ purpose of the ombudsperson shall be to facilitate the resolution of disputes between students and ²[public] participating² institutions of higher education regarding ¹[the institution's]¹ compliance with the Statewide 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 ¹; provided, however, that the ombudsperson shall resolve the disputes only after every reasonable effort has been exhausted by a student and institution to resolve the dispute, as determined by the ombudsperson¹.

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 any professional and clerical staff as may be necessary to carry out the ombudsperson's duties.

d. The ombudsperson shall be responsible for:

(1) ¹overseeing and assessing the compliance of ²[public] participating² institutions of higher education with the provisions of P.L.2007, c.175 (C.18A:62-46), as amended and supplemented;

(2)¹ final administrative decisions over disputes between students and ²[public] participating² institutions of higher education regarding the transfer of academic credits ¹only after every reasonable effort has been exhausted by the student and the institution to resolve the dispute, as determined by the ombudsperson¹. In making a final administrative decision, the ombudsperson shall give appropriate consideration to any potential negative affect of a decision on ¹[the] any¹ programmatic accreditation ¹[of] held by¹ the institution; provided, however, that the institution shall be afforded the opportunity to specifically demonstrate in each case the potential negative effect of a decision not in favor of the institution on ¹[the] any¹ programmatic accreditation ¹[of] held by¹ the institution¹. The ombudsperson, in making a final administrative decision, shall specify the provision or provisions of the Statewide transfer agreement relevant to the decision in writing to the student and the institution¹;

¹[(2)] (3)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 supplemented¹. The periodic review shall take into account, as appropriate, final administrative decisions made by the ombudsperson pursuant to this section¹; and

¹[(3)] (4)¹ 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. ¹[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 agreement 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 Statewide transfer agreement and any other initiatives or proposals towards improving the experiences and academic outcomes of transfer students.]¹

6. (New section) Each ²[public] participating² institution of higher education shall provide transfer students with data on program outcomes of students who have transferred from other ²[public] participating² 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 of Higher Education.

²7. (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.²

²[7.] 8.² (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.

²[8.] 9.² This act shall take effect immediately.