CHAPTER 739

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER

NUMBER FORTY-SEVEN

TO: Heads of All State Departments and Agencies

RE: Creation of the Delaware Postsecondary Education Commission

WHEREAS, the Labor-HEW Appropriations Act for Fiscal Year 1974 includes the sum of $3 million for Federal support of State Post-secondary Education Commissions; and

WHEREAS, these funds have been made available by the Congress under the appropriation authority contained in Section 1203 of the Higher Education Act of 1965, as amended in 1972; and

WHEREAS, that section provides that State Commissions established pursuant to Section 1202 of the Act may apply to the U.S. Commissioner of Education for grant funds and technical assistance to support "comprehensive inventories of, and studies with respect to all public and private postsecondary educational resources in the State, including planning necessary for such resources to be better coordinated, improved, expanded or altered so that all persons within the State who desire, and who can benefit from postsecondary education may have an opportunity to do so"; and

WHEREAS, to receive the available assistance, Delaware must establish a State Commission broadly and equitably representative of the general public and public and private nonprofit institutions of postsecondary education in the State, including community colleges, junior colleges, area vocational schools, technical institutes, four-year institutions of higher education and branches thereof; and

WHEREAS, the State of Delaware has received federal approval for the establishment of a "Delaware Postsecondary Education Commission", the so-called "1202 Commission" to carry out the comprehensive study of public and private post-secondary educational resources;

NOW, THEREFORE, I, SHERMAN W. TRIBBITT, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby declare and order as follows:

1. There is hereby established the "Delaware Postsecondary Education Commission".

2. The Commission shall consist of eleven members appointed by the Governor.

3. There shall be five (5) institutional members, who shall serve during the pleasure of the Governor, as follows:

(a) The President of the University of Delaware shall represent public four-year institutions (undergraduate and graduate levels).

(b) The President of Delaware State College shall represent four-year institutions (college level).

(c) The President of Wesley College shall represent the four-year private colleges of the State.

(d) The President of Delaware Technical and Community College shall represent public community colleges.

(e) The State Superintendent of Public Instruction shall represent elementary, secondary and area vocational schools.

4. There shall, in addition, be six (6) members broadly and equitably representative of the general public. The terms of these members shall be staggered. Initially one-third of the Commission members shall serve a one-year term, one-third a two-year term and one-third a three-year term. Thereafter, all new appointments shall serve a three-year term. Any appointment to replace a member whose position becomes vacant prior to the expiration of the term, shall be filled only for the remainder of the unexpired term. Members shall be eligible for reappointment.

5. The Chairman of the Commission shall be appointed by the Governor. All other officers shall be elected by the Commission.

6. (a) The purpose of the Commission shall be to prepare and compile comprehensive inventories and studies of all public and private postsecondary educational resources in the State, including planning necessary to insure the coordination, improvement, expansion and alteration of those resources so that all Delawareans who can benefit from postsecondary education may have the opportunity to do so.

(b) In addition, the Commission shall herewith administer and be responsible for the administration of the State program authorities of the Higher Education Act:

(1) the Community Services and Continuing Education Authority (HEA §105);

(2) the Equipment for Undergraduate Instruction Authority (HEA §603); and

(3) the Grants for Construction of Undergraduate Academic Facilities Authority (HEA §704).

7. The Commission is authorized and empowered to apply for, accept and disburse grants, gifts and contribution from the federal government for the purpose of furthering the objectives of the Commission.

8. The Commission is authorized and empowered to employ such staff as may be essential to the accomplishment of the above responsibilities within the limitation of its budget.

9. The Chairman of the Commission shall prepare an annual report for submission to the Governor.

Approved this 13th day of June, 1974.

(GREAT SEAL)

SHERMAN W. TRIBBITT

Governor

Attest:

ROBERT H. REED

Secretary of State