CHAPTER 288

AN ACT TO AMEND TITLE 14, DELAWARE CODE, RELATING TO EDUCATION BY CREATING THE EDUCATIONAL AID ADVISORY COMMISSION.

Be it enacted by the General Assembly of the State of Delaware:

PART V. MISCELLANEOUS

CHAPTER 81. HIGHER EDUCATION

ADVISORY COMMISSION

§ 8101. Declaration of Policy

It is the policy of this State to encourage the attainment and maintenance of sufficient facilities to serve the higher education needs of the people.

§ 8102. Higher Educational Aid Advisory Commission

There is created an Higher Educational Aid Advisory Commission.

§ 8103. Appointment of Commission; compensation

The members of the Commission shall be appointed by the Governor and shall serve at his pleasure. They shall be reimbursed for actual expenses incurred on behalf of the Commission and may receive as compensation a sum not to exceed $25 for each meeting attended.

§ 8104. Public members

(a) Four members shall represent the general public, and shall not be State employees or employees, officers or members of the Governing Board of any educational institution or school.

(a) One of the public members shall be a resident of New Castle County outside the City of Wilmington; one shall be a

resident of the City of Wilmington; one shall be a resident of Kent County; and one shall be a resident of Sussex County.

(c) No more than two of the members appointed pursuant to this section shall be members of the same political party.

§ 8105. Institutional members

(a) One member shall be appointed who shall be an officer, employee or member of the Governing Body of the University of Delaware.

(b) One member shall be appointed who shall be an officer, employee or member of the Governing Body of Delaware State College.

(c) One member shall be appointed who shall be an officer, employee or member of the Governing Body of Wesley College, Inc.

§ 8106. Additional Institutional Members

(a) The Governor, upon being requested to do so by any corporation approved for the conferring of academic degrees by the State Board of Education, pursuant to § 125, Title 8, Delaware Code, shall appoint an officer, employee or member of the governing body of such corporation to the Commission.

(b) The Governor, upon request of any Board of Education in the State, which has established or is about to establish any new institution of higher education, public community college or public technical institution in this State, shall appoint an officer, employee or member of the Board of such Board of Education to the Commission.

§ 8107. Ex-officio member

The State Superintendent of Public Instruction or the Acting Superintendent shall be an ex-officio member of the Commission.

§ 8108. Officers

The Commission shall annually elect such officers as it deems necessary. (May hire employees and do all things necessary to effectuate the purposes of this chapter.)

§ 8109. Establishment of Federal Higher Education Aid Plan

(a) The Commission shall establish a plan for the participation by this State in the funds made available by the Federal Higher Education Facilities Act of 1963 (Public Law 88-204).

(b) The plan shall--

(1) Set forth consistently with basic criteria prescribed by regulations promulgated by the United States Commissioner of Education, pursuant to Section 107 of the Federal Higher Education Facilities Act of 1963, or amendments thereto, objective standards and methods--

(A) for determining the relative priorities of eligible projects for the construction of academic facilities submitted by institutions of higher education within this State; and

(B) for determining the federal share of the development cost of each such project other than a project for a public community college of public institute (unless the plan calls for a uniform federal share for all such projects).

(2) provide that the funds allotted (or reallotted) to the State for any year under Section 103 of the Federal Higher Education Facilities Act 1963, PL 88-204, ( or any amendment thereof) will be available only for use for the construction of academic facilities for public community colleges and public technical institutes and that funds allotted (or reallotted) for any year to this State under Section 104 of the Federal Higher Education Facilities Act of 1963, PL 88-204, (or any amendment thereof) will be available only for use for the construction of academic facilities for institutions of higher education other than public community colleges and public technical institutes;

(3) provide (A) for assigning priorities solely on the basis of such criteria, standards, and methods to eligible projects submitted to the Commission and deemed by it to be otherwise approvable under the provisions of the Federal Higher Educational Act of 1963; and (B) for approving and recommending to the U. S. Commissioner of Education in the order of such priority, applications covering such eligible projects, and for certifying to the Commissioner the Federal share, determined by the commission of the development cost of the project involved.

(4) provide (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the commission pursuant to the Federal Higher Education Act of 1963, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the U. S. Commissioner of Education to perform his functions under the law.

8110. Application

Any applicant for federal funds available pursuant to this Chapter shall file with the Commission a written application for project approval and the allocation of funds in such manner and at such times as the Commission may direct.

§ 8111. Consideration of application; notice

Before establishing priorities between different project applications the Commission shall hold a public hearing on the pending applications and shall notify in writing any applicant for project approval, at least ten days prior to the hearing of the time, date and place of hearing affecting the application. An applicant may be represented by counsel and may present such evidence as it desires to substantiate its application. Any applicant who has a project pending before the Commission for approval shall be given like notice of a hearing on any project of a different applicant pending before the Commission and may attend such hearing and cross-examine any other applicant.

§ 8112. Powers

The Commission may:

(a) Collect, correlate and analyze data relating to the extent and character of facilities within this State used for higher educational purposes or susceptible of such use.

(b) Assemble or otherwise obtain and keep current statistics detailing the number and character of both full and part-time students enrolled in each of the several types of higher educational institutions within this State, and project trends in such enrollments.

(c) Issue, revise and amend rules and regulations for the implementation of this Chapter and for the administration of any of its responsibilities and functions pursuant thereto.

(d) Hold such investigations and hearings as may be necessary or appropriate in the conduct of its work.

(e) Apply for, receive, administer, expend, and account for such federal moneys or other assistance as may be available, from time to time, within the areas of its work.

(f) Do such other things as may be necessary and incidental to effectuate the purposes of this Chapter.

§ 8113. Quorum

The Commission shall not make any binding decisions unless at least two public and two institutional members are present.

§ 8114. Notice of meetings

Notices of meetings of the Commission shall be sent to all members at least 5 days in advance of any meeting unless the notice is waived by all the members.

§ 8115. Expenses

The expenses of the Commission shall be first paid out of moneys available from the federal government or, if insufficient, shall be paid out of any annual appropriation to the Commission.

§ 8116. Staff

The State Board of Education shall, upon request, supply such staff as the Commission deems desirable or the Commission may hire its own staff.

Approved May 8, 1964.