Budget Amendment ID: FY2019-S4-323-R1

Redraft EDU 323

UMass Requirement

Messrs. Collins, Lewis, Rodrigues, Montigny and Eldridge, Ms. L'Italien, Mr. O'Connor, Ms. O'Connor Ives, Messrs. Ross and Moore moved that the proposed new text be amended in section 2, in item 7100-0200, by inserting after section 5 the following section:-

“SECTION 5A. Chapter 15A of the General Laws is hereby amended by inserting after section 31 the following section:-

Section 31A. (a) An institution of higher education with the power to grant degrees and located in the commonwealth that begins discussions or deliberations, or enters into a written agreement to: (i) close; (ii) merge with another institution of higher education; (iii) acquire the facilities or land of another institution of higher education; or (iv) to open a branch campus shall provide the board of higher education with reasonable notice not less than 120 days before the intended closure, merger, acquisition or opening.

An institution of higher education with the power to grant degrees and located in the commonwealth shall, upon learning that it may not have the financial resources to sustain the quality of its education programs, support institutional improvements, or graduate its entering class, notify the board of higher education not less than 14 days after the institution becomes aware of those circumstances.

The board of higher education shall establish standards and guidelines on notice required under this subsection which shall include, but shall not be limited to, requirements on notice to current students, employees and applicants of the institution of higher education. The board may establish sanctions or fines, not to exceed $1,000 per day, for institutions that fail to comply with the board’s notification requirements.

(b) Notwithstanding any general or special law to the contrary, a proposal by a public institution of higher education to: (i) merge with another institution of higher education; (ii) acquire the facilities or land of an institution of higher education; or (iii) open a branch campus shall be subject to the notice requirements under subsection (a) and be reviewed by the board of higher education. During its review of the merger, acquisition or opening, the board may request additional information from the public institution of higher education.

The board’s review of such proposal shall include a determination as to whether the proposal is consistent with the institution of higher education’s 5 year master plan, as required by subsection (l) of section 22 and subsection (l) of section 1A of chapter 75.

(c) Notice under this section shall not be a public record and shall be exempt from disclosure under clause Twenty sixth of section 7 of chapter 4 and section 10 of chapter 66.”.