15-1851

15-1851. Commission for postsecondary
education; purpose; report; members; terms; powers and duties;
compensation; quorum; personal liability; definition

(L08, Ch. 287, sec. 18. Eff. until 7/1/11)

A. The commission for postsecondary education is established and shall administer
the applicable programs identified under section 1203 of the higher education act
amendments of 1998 (P.L. 105-244), including the leveraging educational assistance
partnership program, the federal family education loan program and the Paul Douglas
teacher scholarships program, and shall supervise the state guarantee agency under the
higher education act amendments of 1998.

B. In addition to the responsibilities prescribed in subsection A of this section,
the commission shall:

1. Provide a forum to public and private postsecondary education institutions for
discussion of issues of mutual interest, including the following:

(a) The postsecondary needs of unserved and underserved individuals in this state.

(b) The resources of public and private institutions, organizations and agencies
that are located in this state and that are capable of providing postsecondary education
opportunities.

(d) Cooperative comprehensive instructional and capital planning.

2. Provide reports pursuant to this subsection on discussions of issues of mutual
interest.

3. Coordinate and promote collaborative studies on issues of mutual interest to
public and private postsecondary education institutions.

4. Compile and disseminate information to the public regarding postsecondary
education opportunities in this state.

5. Prepare an annual report that summarizes the results of the commission's
activities prescribed in this section and section 15-1852. The annual report shall be
submitted to the speaker of the house of representatives, the president of the senate,
the governor and the Arizona state library, archives and public records by December 28.

C. The commission consists of the executive director of the Arizona board of
regents, the executive director of the state board for private postsecondary education
and the following additional members who shall be appointed by the governor pursuant to
section 38-211:

1. Two members who hold senior executive or managerial positions in a university
under the jurisdiction of the Arizona board of regents.

2. Two members who hold senior executive or managerial positions in a community
college district, one representing a community college district in a county with a
population of five hundred thousand persons or more and one representing a community
college district in a county with a population of less than five hundred thousand
persons.

3. Two members who hold senior executive or managerial positions in private
postsecondary institutions of higher education that are licensed under title 32, chapter
30, that are located in this state, that offer bachelor or higher degrees and that are
accredited by a regional accreditation agency approved by the United States department of
education.

4. Two members who hold senior executive or managerial positions in private
postsecondary institutions of higher education that are licensed under title 32, chapter
30, that are located in this state, that offer vocational education programs and that are
accredited by a national accreditation agency approved by the United States department of
education.

5. One member who holds a senior executive or managerial position in a private
cosmetology school that is licensed under title 32, chapter 5, that is located in this
state, that offers cosmetology programs approved by the board of cosmetology and that is
accredited by a national accreditation agency approved by the United States department of
education.

6. One member who holds a senior executive or managerial position in an institution
that is licensed under title 32, chapter 23 or under the provisions of 14 Code of Federal
Regulations part 147, that offers vocational education programs at the postsecondary
level, that is located in this state and that is not an institution that is qualified
under any other category.

7. One member who has held a senior executive or managerial level position in
commerce or industry in this state for at least three years before the member's
appointment and who is not qualified to serve under any other category.

8. Two members who hold senior executive or managerial positions in the high school
education system in this state.

9. One member who is an owner, operator or administrator of a charter school in
this state.

D. Members of the commission appointed pursuant to subsection C, paragraphs 1
through 9 of this section shall serve four year terms. Appointed members of the
commission shall be residents of this state. Appointed members of the commission at all
times during their terms shall continue to be eligible for appointment under the category
that they were appointed to represent. Terms of appointed members of the commission begin
on the third Monday in January. No appointed member of the commission may serve more than
two consecutive terms.

E. The executive director of the Arizona board of regents and the executive
director of the state board for private postsecondary education serve as members of the
commission during their respective terms of office and are not eligible to vote with
respect to the commission's review of any postsecondary institution.

F. Members appointed pursuant to subsection C, paragraphs 1 through 9 of this
section are eligible to receive compensation pursuant to section 38-611 for each day
spent in the performance of commission duties and may be reimbursed for expenses properly
incurred in connection with the attendance at meetings or hearings of the commission.

G. The governor shall appoint a chairman from among the members of the commission
who shall serve a one year term that begins on the third Monday in January.

H. A majority of the members of the commission constitutes a quorum for the
transaction of commission business. The vote of a majority of the quorum constitutes
authority for the commission to act.

I. Members of the commission are immune from personal liability with respect to all
actions that are taken in good faith and within the scope of the commission's authority.

J. For the purposes of this section, "community college district" means a community
college district that is established pursuant to sections 15-1402 and 15-1403 and that is
a political subdivision of this state.