S 3814 — Revises licensure process for out-of-State institutions of higher education.

S3814 1R [First Reprint] SENATE, No.

  CURRENT VERSION OF TEXT      As introduced.reported by the Senate Higher Education Committee on March 16, 2026, with amendments.

     (1)(1)   evidenceevidence that the institution is licensed in the state in which the institution is incorporated, and in the case of a petition to offer an academic degree completion program, evidence that the institution is authorized to offer the full degree program in the state in which the institution is incorporated;

     (2)(2)   thethe accreditation status of the out-of-State institution;

     (3)(3)   thethe mission statement of the institution that defines the scope, purpose, and basic tenets of the institution;

     (4)(4)   informationinformation equivalent to the annual summary sheet required by the regional or national institutional accrediting association for the institution;

     (5)(5)   thethe institution’s financial statements and management letters, if issued, for each of the preceding three academic years;

     (6)(6)   evidenceevidence that the institution has access to sufficient financial and operation resources to sustain the proposed course or program;

     (7)(7)   informationinformation on the qualifications of prospective faculty for the proposed course or program that at a minimum meet the faculty qualifications of a comparable course or program in the State;

     (8)(8)   aa description of the selection and review process for faculty teaching in the State;

     (9)(9)   aa catalog and other data that supports the petition;

     (10)(10)   anan impact analysis on existing in-State institutions of higher education, clinical sites and placements, and field sites and placements, as appropriate;

     (11)(11)   aa plan for the ongoing assessment and development of the course or program;

     (12)(12)   evidence1[evidence that the proposed curriculum aligns with State professional licensure and certification requirements, as appropriate;appropriate] documentation demonstrating that any academic program intended to prepare students for professional licensure or certification in the State is designed to meet the educational requirements of the applicable State licensing or certification authority1;

and      (13)(13)   anyany other information deemed necessary by the secretary. secretary.            c.  The impact analysis required in the petition pursuant to paragraph (10) of subsection b.

     (1)(1)   thethe identification and mapping of comparable courses and programs of study in the State;

     (2)(2)   evidenceevidence of unmet need in the State for the proposed course or program that may include evidence of capacity constraints, waitlists, or geographic challenges relating to a comparable in-State course or program;

     (3)(3)   evidenceevidence of unmet demand in the State for the proposed course or program, which may include labor market data, employer needs assessments, or State workforce reports;

     (4)(4)   forfor programs requiring clinical placements, sites, and supervisors or field placements, sites, and supervisors, evidence that the proposed program will not displace or reduce the placements, sites, or supervisors available to students enrolled in existing in-State programs;

and      (5) if the proposed course or program is duplicative of an in-State course or program, justification for the petition.          3.  a.  The secretary shall review all licensure petitions submitted pursuant to section 2 of this act.        3.b.  Upon receipt of a petition, the secretary shall distribute a brief summary of the petition’s content, and information on how to access the petition on the website of the Office of the Secretary of Higher Education, to all institutions of higher education in the State.  The secretary shall provide an opportunity for public comment on the petition in the 30 days following notification of the petition.       c.  The secretary shall send the petition and all comments received on the petition to the New Jersey Presidents’ Council for review and written recommendation to the secretary 1[in such timeframe as is determined by the secretary] within 60 days of receipt of the information1.       d.  The secretary shall, after considering the recommendation of the New Jersey Presidents’ Council, issue a final determination on the petition.  The secretary shall license only those institutions that meet all the petition requirements established pursuant to this act and whose proposed offerings:

 a.     (1)  meet State standards of quality and provide a plan for the ongoing monitoring of student outcomes;

 The     secretary(2)  shallare reviewfiscally allviable; licensure petitions submitted pursuant to section 2 of this act.         b.

 Upon     receipt(3)  ofserve a petition,demonstrable theneed secretary shall distribute a brief summary of the petition’s content, and informationdemonstrate onthat how to access the petitionproposed oncourse theor websiteprogram ofwill thenot Officeunduly ofimpact theexisting Secretaryin-State ofprograms; Higher Education, to all institutions of higher education in the State.  The secretary shall provide an opportunity for public comment on the petition in the 30 days following notification of the petition.       c.  The secretary shall send the petition and all comments received on the petition to the New Jersey Presidents’ Council for review and written recommendation to the secretary in such timeframe as is determined by the secretary.       d.  The secretary shall, after considering the recommendation of the New Jersey Presidents’ Council, issue a final determination on the petition.

 Theand secretary     shall(4)  licenseare onlyin thoseaccordance institutionswith thatthe meetmost allrecent thecomprehensive petitionStatewide requirementsplan establishedfor pursuanthigher toeducation thisdeveloped actpursuant andto whosesubsection proposeda. offerings:

of section 14 of P.L.1994, c.48 (C.18A:3B-14), as applicable.       (1)e.   meetA Statelicense standardsauthorized ofby qualitythe secretary pursuant to this section shall be valid for a period not exceeding three years 1for an initial licensure period1 and providemay be 1subsequently1 reauthorized 1for a planperiod fornot theexceeding ongoingfive monitoringyears1 ofupon studentdemonstration outcomes;of:

     (2)(1)   arecontinued fiscallyneed; viable;

     (3)(2)   servecompliance awith demonstrableState needreporting andrequirements; demonstrate that the proposed course or program will not unduly impact existing in-State programs;

and      (4)(3)   arepositive inprogram accordanceoutcomes aligned with theState mostworkforce recentand comprehensivestudent Statewideneeds; plan for higher education developed pursuant to subsection a.

ofand section     14(4)  ofany P.L.1994,other c.48criteria (C.18A:3B-14),to asbe applicable. determined     by e. the Asecretary.  license     authorizedf.  Licensure by the secretary pursuantof toan thisout-of-State sectioninstitution shall benot validpreclude foran in-State institution of higher education from providing a periodcourse notor exceedingprogram threesimilar yearsto andthat mayof bethe reauthorizedout-of-State uponinstitution.  demonstration  of:     4.  a.  The secretary shall prepare an annual report on the petitions submitted pursuant to this act.  The report shall include:

     (1)(1)   continuedthe need;total number of petitions submitted, disaggregated by degree level, program discipline, and need for clinical or field placements;

     (2)(2)   compliancethe withtotal Statenumber reportingof requirements;petitions approved, denied, withdrawn, or approved with conditions;

     (3)(3)   positivethe programbasis outcomesfor aligneda withpetition Statedenial workforceor andconditional studentapproval; needs;

and      (4)(4)   anya othersummary criteriaof tothe berecommendations determinedprovided by the secretary. New Jersey Presidents’ Council pursuant to section 3 of this act.       f. b.  LicensureThe byreport shall be made available for public inspection on the secretarywebsite of anthe out-of-StateOffice institutionof the Secretary of Higher Education and shall notbe precludesubmitted anannually in-Stateto institutionthe Governor, and to the Legislature pursuant to section 2 of higherP.L.1991, educationc.164 from(C.52:14-19.1).  providing     1[c.  Any proprietary information included in a coursepetition submitted to the secretary pursuant to this act shall not be included in the report or programotherwise similarmade available to thatthe ofgeneral public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the out-of-Stateopen institution. public records act.]1        4.5.

 a.

 The secretary shall prepare an annual report on the petitions submitted pursuant to this act.  The report shall include:

     (1)  the total number of petitions submitted, disaggregated by degree level, program discipline, and need for clinical or field placements;

     (2)  the total number of petitions approved, denied, withdrawn, or approved with conditions;

     (3)  the basis for a petition denial or conditional approval;

and      (4)  a summary of the recommendations provided by the New Jersey Presidents’ Council pursuant to section 3 of this act.       b.  The report shall be made available for public inspection on the website of the Office of the Secretary of Higher Education and shall be submitted annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).       c.  Any proprietary information included in a petition submitted to the secretary pursuant to this act shall not be included in the report or otherwise made available to the general public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.

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