H.B. 715
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 18, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40387-MT-70
Short Title: Higher Ed. Modernization & Affordability Act. (Public)
Sponsors: Representative Willis.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MODERNIZE, RESTRUCTURE, AND EVALUATE THE UNIVERSITY OF
3 NORTH CAROLINA SYSTEM AND THE COMMUNITY COLLEGE SYSTEM.
4 The General Assembly of North Carolina enacts:
5
6 PART I. REQUIRE CONSTITUENT INSTITUTIONS AND COMMUNITY COLLEGES
7 TO ENSURE EFFICIENT USE OF INSTITUTIONAL RESOURCES AND REPORT ON
8 STEPS TAKEN
9 SECTION 1.(a) G.S. 116-33 reads as rewritten:
10 "§ 116-33. Powers and duties of the boards of trustees.
11 Each board of trustees shall promote have the following powers and duties:
12 (1) Promote the sound development of the institution within the functions
13 prescribed for it, helping it to serve the State in a way that will complement
14 the activities of the other institutions and aiding it to perform at a high level
15 of excellence in every area of endeavor.
16 (2) Each board shall serve Serve as advisor to the Board of Governors on matters
17 pertaining to the institution and shall also serve institution.
18 (3) Serve as advisor to the chancellor concerning the management and
19 development of the institution.
20 (4) Ensure efficient use of institutional resources, including regularly evaluating
21 and eliminating unnecessary or redundant expenses, personnel, and areas of
22 study.
23 (5) The powers and duties of each board of trustees, Any other power or duty, not
24 inconsistent with other provisions of this Article, shall be as defined and
25 delegated by the Board of Governors."
26 SECTION 1.(b) G.S. 115D-20 is amended by adding a new subdivision to read:
27 "(15) To ensure efficient use of institutional resources, including regularly
28 evaluating and eliminating unnecessary or redundant expenses, personnel, and
29 areas of study."
30 SECTION 1.(c) Each constituent institution and community college shall report to
31 the Board of Governors of The University of North Carolina or the State Board of Community
32 Colleges on steps taken to comply with G.S. 116-33(4) and G.S. 115D-20(15), as appropriate, as
33 enacted by this section. No later than March 15, 2024, the Board of Governors and the State
34 Board of Community Colleges shall jointly report at least the following information to the Joint
35 Legislative Education Oversight Committee:
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 General Assembly Of North Carolina Session 2023
1 (1) The information submitted pursuant to this subsection by each constituent
2 institution and community college.
3 (2) Recommendations to further reduce expenses and streamline services at
4 constituent institutions and community colleges.
5
6 PART II. MINIMUM CLASS SIZES
7 SECTION 2.(a) G.S. 116-11 is amended by adding a new subdivision to read:
8 "(13c) The Board shall adopt a policy setting minimum enrollment requirements for
9 all undergraduate classes. The minimums may vary based on (i) the
10 enrollment of the constituent institution, (ii) the percentage of students
11 enrolled at the constituent institution in a particular subject area, and (iii) any
12 other factor the Board of Governors deems relevant. A constituent institution
13 shall not offer a course that does not receive enrollment prior to the first day
14 of class of at least the minimum enrollment requirements established pursuant
15 to this subdivision."
16 SECTION 2.(b) G.S. 115D-5 is amended by adding a new subsection to read:
17 "(z) The State Board shall adopt a policy setting minimum enrollment requirements for all
18 classes. The minimums may vary based on (i) the enrollment of the community college, (ii) the
19 percentage of students enrolled at the community college in a particular subject area, and (iii)
20 any other factor the State Board deems relevant. A community college shall not offer a course
21 that does not receive enrollment prior to the first day of class of at least the minimum enrollment
22 requirements established pursuant to this subsection."
23
24 PART III. PROSPECTIVELY ELIMINATE ACADEMIC TENURE AND ESTABLISH
25 UNIFORM CONTRACTING PROCEDURE FOR FACULTY AT CONSTITUENT
26 INSTITUTIONS AND COMMUNITY COLLEGES
27 SECTION 3.(a) G.S. 116-11 is amended by adding a new subdivision to read:
28 "(2b) The Board of Governors shall adopt a policy on faculty contracts consistent
29 with G.S. 116-11.4."
30 SECTION 3.(b) Article 1 of Chapter 116 of the General Statutes is amended by
31 adding a new section to read:
32 "§ 116-11.4. Faculty contracts.
33 (a) A faculty member of a constituent institution of The University of North Carolina
34 shall be employed at will or pursuant to a contract for a term of years. A contract for a term of
35 years shall be for a period of one, two, three, or four years.
36 (b) A faculty member shall not be discharged from employment, suspended without pay,
37 or demoted in rank during the term of the contract except as provided in subsection (d) of this
38 section.
39 (c) If a constituent institution decides not to renew the contract of a faculty member, the
40 constituent institution shall provide timely notice.
41 (d) No faculty member shall be discharged from employment, suspended without pay, or
42 demoted in rank during the term of the contract except for one or more of the following:
43 (1) Incompetence.
44 (2) Neglect of duty.
45 (3) Serious misconduct.
46 (4) Unsatisfactory performance.
47 (5) Institutional financial exigency.
48 (6) Major curtailment or elimination of a teaching, research, or public-service
49 program.
50 (e) Prior to discharging, suspending, or demoting a faculty member pursuant to
51 subsection (d) of this section, the constituent institution shall provide the faculty member with
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1 timely notice and an opportunity for a hearing before the chancellor of the constituent institution.
2 The chancellor shall make a determination on discharge, suspension, demotion, or other
3 appropriate action. The faculty member may appeal the decision of the chancellor to the board
4 of trustees. If necessary, the full board of trustees shall make a final decision on the matter."
5 SECTION 3.(c) G.S. 115D-5 is amended by adding a new subsection to read:
6 "(aa) The State Board shall adopt a policy on faculty contracts consistent with
7 G.S. 115D-82."
8 SECTION 3.(d) Article 7 of Chapter 115D of the General Statutes is amended by
9 adding a new section to read:
10 "§ 115D-82. Faculty contracts.
11 (a) A faculty member of a community college shall be employed at will or pursuant to a
12 contract for a term of years. A contract for a term of years shall be for a period of one, two, three,
13 or four years.
14 (b) A faculty member shall not be discharged from employment, suspended without pay,
15 or demoted in rank during the term of the contract except as provided in subsection (d) of this
16 section.
17 (c) If a community college decides not to renew the contract of a faculty member, the
18 community college shall provide timely notice.
19 (d) No faculty member shall be discharged from employment, suspended without pay, or
20 demoted in rank during the term of the contract except for one or more of the following:
21 (1) Incompetence.
22 (2) Neglect of duty.
23 (3) Serious misconduct.
24 (4) Unsatisfactory performance.
25 (5) Institutional financial exigency.
26 (6) Major curtailment or elimination of a teaching, research, or public-service
27 program.
28 (e) Prior to discharging, suspending, or demoting a faculty member pursuant to
29 subsection (d) of this section, the community college shall provide the faculty member with
30 timely notice and an opportunity for a hearing before the president of the community college.
31 The president shall make a determination on discharge, suspension, demotion, or other
32 appropriate action. The faculty member may appeal the decision of the president to the board of
33 trustees. If necessary, the full board of trustees shall make a final decision on the matter."
34 SECTION 3.(e) This section is effective when it becomes law and applies beginning
35 with persons hired on or after July 1, 2024. No faculty member hired by a constituent institution
36 of The University of North Carolina or a community college on or after that date shall receive
37 academic tenure.
38
39 PART IV. PROHIBIT USE OF HIGHER EDUCATION FUNDS FOR CERTAIN
40 EXTRACURRICULAR PURPOSES
41 SECTION 4.(a) G.S. 116-11 is amended by adding a new subdivision to read:
42 "(13d) The Board shall adopt a policy prohibiting the use of State and non-State funds
43 held by constituent institutions for certain extracurricular activities, as
44 follows:
45 a. This prohibition shall apply to all of the following:
46 1. Social fraternities and sororities.
47 2. Any activities related to political, social, or religious issues,
48 including special interest clubs and other student
49 organizations.
50 b. At a minimum, this prohibition shall not apply to the following:
51 1. Varsity, club, or intramural athletics.
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1 2. Band.
2 3. Student Government.
3 4. Academic clubs.
4 5. Nonsocial fraternities and sororities."
5 SECTION 4.(b) G.S. 115D-5 is amended by adding a new subsection to read:
6 "(bb) The State Board of Community Colleges shall adopt a policy prohibiting the use of
7 State and non-State funds held by community colleges for certain extracurricular activities, as
8 follows:
9 (1) This prohibition shall apply to all of the following:
10 a. Social fraternities and sororities.
11 b. Any activities related to political, social, or religious issues, including
12 special interest clubs and other student organizations.
13 (2) At a minimum, this prohibition shall not apply to the following:
14 a. Varsity, club, or intramural athletics.
15 b. Band.
16 c. Student Government.
17 d. Academic clubs.
18 e. Nonsocial fraternities and sororities."
19
20 PART V. UNIFIED ADMISSIONS APPLICATION
21 SECTION 5.(a) G.S. 116-11 is amended by adding a new subdivision to read:
22 "(13e) The Board shall adopt a unified undergraduate admissions application for all
23 postsecondary constituent institutions. The Board shall adopt a policy
24 prohibiting postsecondary constituent institutions from adding to or otherwise
25 modifying the unified undergraduate admissions application adopted by the
26 Board pursuant to this subdivision."
27 SECTION 5.(b) G.S. 115D-5 is amended by adding a new subsection to read:
28 "(cc) The State Board of Community Colleges shall adopt a unified admissions application
29 for all community colleges. The State Board shall adopt a policy prohibiting community colleges
30 from adding to or otherwise modifying the unified admissions application adopted by the State
31 Board pursuant to this subsection."
32
33 PART VI. ENCOURAGE AND ENHANCE CAREER AND COLLEGE PROMISE
34 TRANSFER PATHWAY PROGRAM
35 SECTION 6.(a) G.S. 116-11 is amended by adding a new subdivision to read:
36 "(13f) The Board shall do the following to improve the Career and College Promise
37 Transfer Pathway Program:
38 a. Encourage all constituent institutions to admit students who were
39 enrolled in a Career and College Promise Transfer Pathway Program.
40 b. Coordinate with the State Board of Community Colleges and the
41 Department of Public Instruction to maximize the number of course
42 credits that students may transfer from the Career and College Promise
43 Transfer Pathway Program. Notwithstanding any other provision of
44 law, a constituent institution shall not limit the total number of credit
45 hours earned under the Program that may be transferred to the
46 constituent institution.
47 c. Provide each constituent institution with information and
48 administrative support to achieve these purposes."
49 SECTION 6.(b) G.S. 115D-5 is amended by adding a new subsection to read:
50 "(dd) The State Board of Community Colleges shall do the following to improve the Career
51 and College Promise Transfer Pathway Program:
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1 (1) Encourage all community colleges to admit students who were enrolled in a
2 Career and College Promise Transfer Pathway Program.
3 (2) Coordinate with the Board of Governors of The University of North Carolina
4 and the Department of Public Instruction to maximize the number of course
5 credits that students may transfer from the Career and College Promise
6 Transfer Pathway Program. Notwithstanding any other provision of law, a
7 community college shall not limit the total number of credit hours earned
8 under the Program that may be transferred to the community college.
9 (3) Provide each community college with information and administrative support
10 to achieve these purposes."
11
12 PART VII. ENCOURAGE INSTITUTIONS TO TAKE ADVANTAGE OF ROTC AND
13 PELL GRANTS
14 SECTION 7.(a) G.S. 116-11 is amended by adding a new subdivision to read:
15 "(13g) The Board shall encourage all constituent institutions to take maximum
16 advantage of federal scholarship funds, including the Pell Grant and
17 scholarships related to the Reserve Officers' Training Corps (ROTC),
18 including Army ROTC, Navy ROTC, and Air Force ROTC. The Board shall
19 provide each constituent institution with information and administrative
20 support in furthering this purpose."
21 SECTION 7.(b) G.S. 115D-5 is amended by adding a new subsection to read:
22 "(ee) The State Board of Community Colleges shall encourage all community colleges to
23 take maximum advantage of federal scholarship funds, including the Pell Grant and scholarships
24 related to the Reserve Officers' Training Corps (ROTC), including Army ROTC, Navy ROTC,
25 and Air Force ROTC. The State Board shall provide each community college with information
26 and administrative support in furthering this purpose."
27
28 PART VIII. EFFICIENCY STUDY
29 SECTION 8.(a) For purposes of this section, the following definitions shall apply:
30 (1) Administrative office. – An office in an educational institution providing one
31 or more administrative services.
32 (2) Administrative services. – Support services provided by educational
33 institutions to education administration, including human resources,
34 accounting, finance, purchasing, healthcare, and information technology.
35 (3) Educational institution. – A constituent institution of The University of North
36 Carolina or a community college.
37 SECTION 8.(b) No later than March 15, 2024, The Uni