S*1195 Session 111 (1995-1996)
S*1195(Rat #0368, Act #0359 of 1996) General Bill, By Senate Education
A Bill to amend Section 59-103-10, as amended, Code of Laws of South Carolina,
1976, relating to the Commission on Higher Education, so as to revise the
manner in which certain members thereof shall be appointed; to amend the 1976
Code by adding Section 59-103-15 so as to define the mission of higher
education in South Carolina and of each type of public institution of higher
learning.-amended title
02/29/96 Senate Introduced, read first time, placed on calendar
without reference SJ-3
03/14/96 Senate Amended SJ-13
03/14/96 Senate Read second time SJ-13
03/14/96 Senate Ordered to third reading with notice of
amendments SJ-13
03/26/96 Senate Special order SJ-59
03/27/96 Senate Debate interrupted SJ-29
04/02/96 Senate Debate interrupted SJ-28
04/03/96 Senate Debate interrupted SJ-17
04/04/96 Senate Debate interrupted SJ-65
04/09/96 Senate Amended SJ-19
04/09/96 Senate Debate interrupted SJ-19
04/10/96 Senate Amended SJ-25
04/10/96 Senate Read third time and sent to House SJ-79
04/16/96 House Introduced and read first time HJ-9
04/16/96 House Referred to Committee on Education and Public
Works HJ-10
04/25/96 House Committee report: Favorable with amendment
Education and Public Works HJ-4
05/01/96 House Amended HJ-41
05/01/96 House Read second time HJ-57
05/02/96 House Read third time and returned to Senate with
amendments HJ-12
05/02/96 Senate Non-concurrence in House amendment SJ-15
05/07/96 House House insists upon amendment and conference
committee appointed Reps. Wright, Allison &
Stille HJ-6
05/07/96 Senate Conference committee appointed Sens. Setzler,
Washington, Cork SJ-24
05/09/96 House Conference report received and adopted HJ-7
05/09/96 Senate Conference report received and adopted SJ-6
05/09/96 Senate Ordered enrolled for ratification SJ-15
05/14/96 Ratified R 368
05/20/96 Signed By Governor
05/20/96 Effective date 07/01/96
06/18/96 Copies available
06/18/96 Act No. 359
(A359, R368, S1195)
AN ACT TO AMEND SECTION 59-103-10, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE
MANNER IN WHICH CERTAIN MEMBERS THEREOF SHALL BE
APPOINTED; TO AMEND THE 1976 CODE BY ADDING SECTION
59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER
EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF
PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND
SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS
OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE
COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED,
EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN
THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF
THE COMMISSION IN THIS REGARD; BY ADDING SECTION
59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS
IN PRIORITY ORDER FOR ACADEMIC QUALITY IN THE
INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE
PERFORMANCE INDICATORS BY WHICH THESE SUCCESS
FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35,
AS AMENDED, RELATING TO THE SUBMISSION OF THE
BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING
AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF
THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN
WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S AND
EACH INSTITUTION'S ANNUAL BUDGET REQUEST IS
DETERMINED, TO PROVIDE CERTAIN EXCEPTIONS FOR
CAPITAL IMPROVEMENT PROJECTS FUNDED BEFORE JULY 30,
1996, AND TO REVISE THE COMMISSION'S RESPONSIBILITIES
WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND
SECTION 59-103-45, RELATING TO THE DUTIES AND
FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO
AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS
FOR AND MEASUREMENT MECHANISMS OF THESE
PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO
BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN
INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS,
PERMIT THE COMMISSION TO REDUCE, EXPAND, OR
CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH
DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND
BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS
WHICH DO NOT MEET THESE STANDARDS, TO PROVIDE THAT
THE PROCESS TO BE FOLLOWED FOR THE CLOSURE,
REDUCTION, EXPANSION, OR CONSOLIDATION OF AN
INSTITUTION SHALL BE AS PROMULGATED IN REGULATIONS
OF THE COMMISSION WHICH SHALL BE SUBMITTED TO AND
APPROVED BY THE GENERAL ASSEMBLY, TO REQUIRE THE
COMMISSION TO REVIEW AND APPROVE EACH
INSTITUTIONAL MISSION STATEMENT, TO PROVIDE THAT THE
COMMISSION SHALL DEFINE MINIMUM ACADEMIC
EXPECTATIONS FOR PROSPECTIVE POST-SECONDARY
STUDENTS AND COMMUNICATE THESE EXPECTATIONS TO
THE STATE BOARD OF EDUCATION, AND TO PROVIDE THAT
THE COMMISSION SHALL ENSURE ACCESS AND EQUITY
OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF
THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO
RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD
AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS
TO MAKE TECHNICAL CORRECTIONS; BY ADDING SECTION
59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN
INSTITUTION SHALL BE CLOSED IF AN INSTITUTION
BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO
AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW
CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER
LEARNING, SO AS TO REVISE THE MANNER IN WHICH A
PUBLIC INSTITUTION'S CONSTRUCTION OR PURCHASE OF
CERTAIN NEW FACILITIES OR REAL PROPERTY IS APPROVED,
AND TO DELETE CERTAIN LANGUAGE RELATING TO THE
APPLICABILITY OF THE SECTION; TO AMEND CHAPTER 104 OF
TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND
ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS
TO INCORPORATE APPROPRIATE REFERENCES TO THE
PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS
ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES
AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION,
AND TO DELETE THE REQUIREMENT THAT A
POST-SECONDARY INSTITUTION PROVIDE HALF THE COST OF
A PALMETTO FELLOWS SCHOLARSHIP; TO AMEND SECTION
59-101-350, RELATING TO THE ANNUAL REPORT TO THE
GOVERNOR AND GENERAL ASSEMBLY BY THE STATE
COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE
CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST
SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING
THE REPORT; AND TO AMEND SECTION 95, PART II OF ACT 145
OF 1995, RELATING TO SINGLE-GENDER PROGRAMS OF
HIGHER LEARNING, SO AS TO PROVIDE THAT THE
COMMISSION SHALL NOT BE AUTHORIZED TO REQUIRE ANY
CHANGE TO A COURT-APPROVED SINGLE-GENDER
EDUCATION PROGRAM WHICH WOULD HINDER THE
PROGRAM'S ABILITY TO PRODUCE A SUBSTANTIVELY
COMPARABLE OUTCOME, AND TO REVISE THE EFFECTIVE
DATE OF THIS SECTION.
Be it enacted by the General Assembly of the State of South
Carolina:
Manner of appointment revised
SECTION 1. Section 59-103-10 of the 1976 Code, as last amended by
Act 137 of 1995, is further amended to read:
"Section 59-103-10. There is created the State Commission on
Higher Education. The commission shall consist of fourteen members
appointed by the Governor. The membership must consist of one
at-large member to serve as chairman, one representative from each of
the six congressional districts, three members appointed from the State
at-large, three representatives of the public colleges and universities, and
one representative of the independent colleges and universities of South
Carolina.
The membership of the Commission on Higher Education must be as
follows:
(1) Nine members, six to represent each of the congressional
districts of this State appointed by the Governor upon the
recommendation of a majority of the senators and a majority of the
members of the House of Representatives comprising the legislative
delegation from the district and three members appointed from the State
at-large upon the advice and consent of the Senate. Each representative
of a congressional district must be a resident of the congressional district
he represents. In order to qualify for appointment, the representatives
from the congressional districts and those appointed at large must have
experience in at least one of the following areas: business, the education
of future leaders and teachers, management, or policy. A member
representing the congressional districts or appointed at large must not
have been, during the succeeding five years, a member of a governing
body of a public institution of higher learning in this State and must not
be employed or have immediate family members employed by any of the
public colleges and universities of this State. These members must be
appointed for terms of four years and shall not serve on the commission
for more than two consecutive terms. However, the initial term of office
for a member appointed from an even-numbered congressional district
shall be two years.
If the boundaries of the congressional districts are changed, members
serving on the commission shall continue to serve until the expiration of
their current terms, but successors to members whose terms expire must
be appointed from the newly defined congressional districts. If a
congressional district is added, the commission must be enlarged to
include a representative from that district.
(2) Three members to serve ex officio to represent the public
colleges and universities appointed by the Governor with the advice and
consent of the Senate. It shall not be a conflict of interest for any voting
ex officio member to vote on matters pertaining to their individual
college or university. One member must be serving on the board of
trustees of one of the public senior research institutions, one member
must be serving on the board of trustees of one of the four-year public
institutions of higher learning, and one member must be a member of one
of the local area technical education commissions or the State Board for
Technical and Comprehensive Education to represent the State Board for
Technical and Comprehensive Education. These members must be
appointed to serve terms of two years with terms to rotate among the
institutions.
(3) One ex officio member to represent the independent colleges and
universities by the Governor upon the advice and consent of the Senate.
The individual appointed must be serving as a member of the Advisory
Council of Private College Presidents. This member must be appointed
for a term of two years and shall serve as a nonvoting member.
(4) One at-large member to serve as chairman appointed by the
Governor with the advice and consent of the Senate. This member must
be appointed for a term of four years and may be reappointed for one
additional term; however, he may serve only one term as chairman.
The Governor, by his appointments, shall assure that various economic
interests and minority groups, especially women and blacks, are fairly
represented on the commission and shall attempt to assure that the
graduates of no one public or private college or technical college are
dominant on the commission. Vacancies must be filled in the manner of
the original appointment for the unexpired portion of the term. All
members of the commission shall serve until their successors are
appointed and qualify."
Higher education mission
SECTION 2. The 1976 Code is amended by adding:
"Section 59-103-15. (A)(1) The General Assembly has
determined that the mission for higher education in South Carolina is to
be a global leader in providing a coordinated, comprehensive system of
excellence in education by providing instruction, research, and life-long
learning opportunities which are focused on economic development and
benefit the State of South Carolina.
(2) The goals to be achieved through this mission are:
(a) high academic quality;
(b) affordable and accessible education;
(c) instructional excellence;
(d) coordination and cooperation with public education;
(e) cooperation among the General Assembly, Commission on
Higher Education, Council of Presidents of State Institutions, institutions
of higher learning, and the business community;
(f) economic growth;
(g) clearly defined missions.
(B) The General Assembly has determined that the primary mission or
focus for each type of institution of higher learning or other
post-secondary school in this State is as follows:
(1) Research institutions
(a) college-level baccalaureate education, master's, professional, and
doctor of philosophy degrees which lead to continued education or
employment;
(b) research through the use of government, corporate,
nonprofit-organization grants, or state resources, or both;
(c) public service to the State and the local community;
(2) Four-year colleges and universities
(a) college-level baccalaureate education and selected master's
degrees which lead to employment or continued education, or both,
except for doctoral degrees currently being offered;
(b) limited and specialized research;
(c) public service to the State and the local community;
(3) Two-year institutions - branches of the University of South
Carolina
(a) college-level pre-baccalaureate education necessary to confer
associates' degrees which lead to continued education at a four-year or
research institution;
(b) public service to the State and the local community;
(4) State technical and comprehensive education system
(a) all post-secondary vocational, technical, and occupational
diploma and associate degree programs leading directly to employment or
maintenance of employment and associate degree programs which enable
students to gain access to other post-secondary education;
(b) up-to-date and appropriate occupational and technical training
for adults;
(c) special school programs that provide training for prospective
employees for prospective and existing industry in order to enhance the
economic development of South Carolina;
(d) public service to the State and the local community;
(e) continue to remain technical, vocational, or occupational colleges
with a mission as stated in item (4) and primarily focused on technical
education and the economic development of the State."
Responsibilities of commission
SECTION 3. Section 59-103-20 of the 1976 Code is amended to
read:
"Section 59-103-20. The commission shall meet regularly and
shall have the authority and responsibility for a coordinated, efficient,
and responsive higher education system in this State consistent with the
missions of each type of institution as stipulated in Section 59-103-15.
In meeting this responsibility and in performing its duties and functions,
the commission shall coordinate and collaborate at a minimum with the
Council of Presidents of State Institutions, the council of board chairs of
the various public institutions of higher learning, and the business
community. The commission also is charged with examining the state's
institutions of higher learning relative to both short and long-range
programs and missions which include:
(a) the role of state-supported higher education in serving the needs
of the State and the roles and participation of the individual institutions
in the statewide program;
(b) enrollment trends, student costs, business management practices,
accounting methods, operating results and needs, and capital fund
requirements;
(c) the administrative setup and curriculum offerings of the several
institutions and of the various departments, schools, institutes, and
services within each institution and the respective relationships to the
services and offerings of other institutions;
(d) areas of state-level coordination and cooperation with the
objective of reducing duplication, increasing effectiveness, and achieving
economies and eliminating sources of friction and misunderstanding;
(e) efforts to promote a clearer understanding and greater unity and
good will among all institutions of higher learning, both public and
private, in the interest of serving the educational needs of the people of
South Carolina on a statewide level."
Critical success factors and performance indicators
SECTION 4. The 1976 Code is amended by adding:
"Section 59-103-30. (A) The General Assembly has determined
that the critical success factors, in priority order, for academic quality in
the several institutions of higher learning in this State are as follows:
(1) Mission Focus;
(2) Quality of Faculty;
(3) Classroom Quality;
(4) Institutional Cooperation and Collaboration;
(5) Administrative Efficiency;
(6) Entrance Requirements;
(7) Graduates' Achievements;
(8) User-friendliness of the Institution;
(9) Research Funding.
(B) The General Assembly has determined that whether or not an
institution embodies these critical success factors can be measured by the
following performance indicators as reflected under the critical success
factors below:
(1) Mission Focus
(a) expenditure of funds to achieve institutional mission;
(b) curricula offered to achieve mission;
(c) approval of a mission statement;
(d) adoption of a strategic plan to support the mission
statement;
(e) attainment of goals of the strategic plan.
(2) Quality of Faculty
(a) academic and other credentials of professors and
instructors;
(b) performance review system for faculty to include student and
peer evaluations;
(c) post-tenure review for tenured faculty;
(d) compensation of faculty;
(e) availability of faculty to students outside the classroom;
(f) community and public service activities of faculty for which no
extra compensation is paid.
(3) Instructional Quality
(a) class sizes and student/teacher ratios;
(b) number of credit hours taught by faculty;
(c) ratio of full-time faculty as compared to other full-time
employees;
(d) accreditation of degree-granting programs;
(e) institutional emphasis on quality teacher education and
reform.
(4) Institutional Cooperation and Collaboration
(a) sharing and use of technology, programs, equipment, supplies,
and source matter experts within the institution, with other institutions,
and with the business community;
(b) cooperation and collaboration with private industry.
(5) Administrative Efficiency
(a) percentage of administrative costs as compared to academic
costs;
(b) use of best management practices;
(c) elimination of unjustified duplication of and waste in
administrative and academic programs;
(d) amount of general overhead costs.
(6) Entrance Requirements
(a) SAT and ACT scores of student body;
(b) high school class standing, grade point averages, and activities
of student body;
(c) post-secondary nonacademic achievements of student body;
(d) priority on enrolling in-state residents.
(7) Graduates' Achievements
(a) graduation rate;
(b) employment rate for graduates;
(c) employer feedback on graduates who were employed or not
employed;
(d) scores of graduates on post-undergraduate professional,
graduate, or employment-related examinations and certification tests;
(e) number of graduates who continued their education;
(f) credit hours earned of graduates.
(8) User-Friendliness of Institution
(a) transferability of credits to and from the institution;
(b) continuing education programs for graduates and others;
(c) accessibility to the institution of all citizens of the State.
(9) Research Funding
(a) financial support for reform in teacher education;
(b) amount of public and private sector grants.
(C) The commission, when using the critical success factors for the
purpose of funding recommendations for institutions of higher learning,
is required to use objective, measurable criteria.
(D) Critical success factors developed and used for the purpose of
funding recommendations shall be those which are directly related to the
missions of the particular type of institution as outlined in Section
59-103-15(B) and not those factors which are not relevant to the success
factors of the particular type of institution."
Budget and program approval procedures revised
SECTION 5. Section 59-103-35 of the 1976 Code, as last amended by
Act 178 of 1993, is further amended to read:
"Section 59-103-35. All public institutions of higher learning
shall submit annual budget requests to the commission in the manner set
forth in this section. The State Board for Technical and Comprehensive
Education shall submit an annual budget request to the commission
representing the total requests of all area-wide technical and
comprehensive educational institutions. The budget submitted by each
institution and the State Board for Technical and Comprehensive
Education must include all state funds, federal grants, tuition, and fees
other than funds derived wholly from athletic or other student contests,
from the activities of student organizations, from approved private
practice plans, and from the operation of canteens and bookstores which
may be retained by the institutions and be used as determined by the
respective governing boards, subject to annual audit by the State. Fees
established by the respective governing boards for programs, activities,
and projects not covered by appropriations or other revenues may be
retained and used by each institution as previously determined by the
respective governing boards, subject to annual audit by the State. The
budget request for the public higher education system shall be submitted
by the commission to the Governor and appropriate standing committees
of the General Assembly in conjunction with the preparation of the
annual general appropriations act for the applicable year.
Supplemental appropriations requests from any public institution of
higher education must be submitted first to the commission. If the
commission does not concur in the requests, the affected institution may
request a hearing on the requests before the appropriate committee of the
General Assembly. The commission may appear at the hearing and
present its own recommendations and findings to the same committee.
The provisions of this paragraph do not apply to any capital improvement
projects funded in whole or in part prior to July 30, 1996.
No new program may be undertaken by any public institution of
higher education without the approval of the commission. The provisions
of this chapter apply to all college parallel, transferable, and associate
degree programs of technical and comprehensive education institutions.
All other programs and offerings of technical and comprehensive
education institutions are excluded from this chapter."
Duties and functions of commission revised
SECTION 6. Section 59-103-45 of the 1976 Code is amended to
read:
"Section 59-103-45. In addition to the powers, duties, and
functions of the Commission on Higher Education as provided by law,
the commission, notwithstanding any other provision of law to the
contrary, shall have the following additional duties and functions with
regard to the various public institutions of higher education:
(1) establish procedures for the transferability of courses at the
undergraduate level between two-year and four-year institutions or
schools;
(2) coordinate with the State Board of Education in the approval of
secondary education courses for the purpose of determining minimum
college entrance requirements, and define minimum academic
expectations for prospective post-secondary students, communicate these
expectations to the State Board of Education, and work with the state
board to ensure these expectations are met;
(3) review minimum undergraduate admissions standards for in-state
and out-of-state students;
(4)(a) develop standards for determining how well an institution has
met or achieved the performance indicators for quality academic success
as enumerated in Section 59-103-30, and develop mechanisms for
measuring the standards of achievement of particular institutions. These
standards and measurement mechanisms shall be developed in
consultation and cooperation with, at a minimum but not limited to, the
Council of Presidents of State Institutions, the chairmen of the governing
boards of the various institutions and the business community;
(b) base the higher education funding formula in part on the
achievement of the standards set for these performance indicators
including base-line funding for institutions meeting the standards of
achievement, incentive funding for institutions exceeding the standards of
achievement, and reductions in funding for institutions which do not meet
the standards of achievement, provided that each institution under the
formula until July 1, 1999, must receive at least its fiscal year 1996-1997
formula amount;
(c) promulgate regulations to implement the provisions of subitems
(a) and (b) above and submit such regulations to the General Assembly
for its review pursuant to the Administrative Procedures Act not later
than the beginning of the 1997 Session of the General Assembly.
(d) develop a higher education funding formula based entirely on an
institution's achievement of the standards set for these performance
indicators, this formula to be used beginning July 1, 1999. This new
funding formula also must be contained in regulations promulgated by
the commission and submitted to the General Assembly for its review in
accordance with the Administrative Procedures Act;
(5) reduce, expand, or consolidate any institution of higher learning
including those which do not meet the standards of achievement in regard
to the performance indicators for quality academic success enumerated in
Section 59-103-30, and beginning July 1, 1999, close any institution
which does not meet the standards of achievement in regard to the
performance indicators for quality academic success enumerated in
Section 59-103-30. The process to be followed for the closure,
reduction, expansion, or consolidation of an institution under this item (5)
shall be as promulgated in regulations of the commission which shall be
submitted to and approved by the General Assembly;
(6) review and approve each institutional mission statement to ensure
it is within the overall mission of that particular type of institution as
stipulated by Section 59-103-15 and is within the overall mission of the
State;
(7) ensure access and equity opportunities at each institution of higher
learning for all citizens of this State regardless of race, gender, color,
creed, or national origin within the parameters provided by
law."
Technical corrections
SECTION 7. Section 59-103-60 of the 1976 Code, as last amended by
Act 137 of 1995, is further amended to read:
"Section 59-103-60. The commission shall make such
recommendations to the Governor's Office and the General Assembly as
to policies, programs, curricula, facilities, administration, and financing
of all state-supported institutions of higher learning as may be considered
desirable. The House Ways and Means Committee, the Senate Finance
Committee, and the State Budget and Control Board may refer to the
commission for investigation, study, and report any requests of
institutions of higher learning for new or additional appropriations for
operating and for other purposes and for the establishment of new or
expanded programs."
Closure of an institution
SECTION 8. The 1976 Code is amended by adding:
"Section 59-103-65. If an institution beginning July 1, 1999, is
closed by the commission, the institution shall be treated as a terminated
agency under Section 1-20-30 and as such terminated in the manner
provided therein. However, any remaining funds shall not revert to the
general fund as provided in Section 1-20-30 but instead shall be
reallocated to higher education funding through use of the higher
education funding formula in the manner the commission shall
provide."
New construction and purchases
SECTION 9. Section 59-103-110 of the 1976 Code is amended to
read:
"Section 59-103-110. No public institution of higher learning
shall be authorized to construct or purchase any new permanent facility at
any location other than on a currently approved campus or on property
immediately contiguous thereto unless such new location or purchase of
improved or unimproved real property has been approved by the
commission."
References incorporated; cost of Palmetto Fellows
Scholarships
SECTION 10. Chapter 104 of Title 59 of the 1976 Code is amended to
read:
"CHAPTER 104
Initiatives for Research and Academic Excellence
Article 1
Excellence for Students
Section 59-104-10. (A) In consultation and coordination with the
public institutions of higher learning in this State, the State Commission
on Higher Education shall ensure that minimal admissions standards are
maintained by the institutions.
The commission, with the institutions, shall monitor the effect of
compliance with admissions prerequisites that are effective at the
institution.
(B) The boards of trustees of each public institution of higher
learning, excluding the State Board for Technical and Comprehensive
Education, shall adopt admission policies reflecting the desired mix of
in-state and out-of-state enrollment appropriate for each institution.
Changes in the policies affecting the mix of in-state and out-of-state
enrollment must be approved by the board of trustees of the affected
institution. The boards shall submit the policies to the commission by
July 1, 1989, and any subsequent changes to the policies must be
submitted to the commission. These admission policies and standards
shall be reviewed by the commission as provided in Section
59-103-45(3). For purposes of this section enrollment must be calculated
on a full-time equivalency basis with the equivalent of one full-time
student being a student enrolled for thirty credit hours in an academic
year. Out-of-state students mean students who are not eligible for
in-state rates for tuition and fees under Chapter 112 of Title 59.
Section 59-104-20. The Palmetto Fellows Scholarship Program is
established to foster scholarship among the state's post-secondary
students and retain outstanding South Carolina high school graduates in
the State through awards based on scholarship and achievement.
Measures must be taken to ensure equitable minority participation in this
program. Recipients of these scholarships are designated Palmetto
Fellows. Each Palmetto Fellow shall receive a scholarship in an amount
designated by the Commission on Higher Education. The commission
shall promulgate regulations and establish procedures to administer the
program and request annual state appropriations for the program.
Section 59-104-30. Each public institution of higher learning in this
State shall develop a plan for developmental education in accord with
provisions, procedures, and requirements developed by the Commission
on Higher Education. The commission shall conduct a study as well as
evaluations and reviews of developmental education in this State. The
commission shall develop appropriate methods of funding developmental
education programs and courses.
Section 59-104-40. (A) The technical education system in this State
shall convert from the quarter calendar to the semester calendar, if funds
are appropriated for this purpose. The Commission on Higher Education
shall request state appropriations for the conversion to be funded and
completed over a two-year period.
(B) The State Board for Technical and Comprehensive Education, in
consultation with the commission, shall limit the offering of courses
designed for college transfer in those technical colleges that do not have
approved college transfer programs. The offering of `college parallel'
general education courses in institutions not authorized to award the
associate in arts or associate in science degree is limited to those
necessary to support approved nontransfer programs. The commission,
after consultation with the State Board for Technical and Comprehensive
Education and with public senior colleges and universities, shall establish
rules and procedures by which this limitation must be regulated. The
commission shall establish procedures concerning courses acceptable for
transfer as provided in Section 59-103-45(1).
Article 3
Excellence in Instruction and Educational Services
Section 59-104-210. A competitive grants program is established to
improve undergraduate education in South Carolina. The State
Commission on Higher Education shall administer the program,
promulgate appropriate regulations, and request annual state
appropriations for this purpose. All public and private nonproprietary
post-secondary institutions accredited by the Commission on Colleges of
the Southern Association of Colleges and Schools are eligible to
participate in this program.
Section 59-104-220. The Governor's Professor of the Year Award is
established as follows:
(1) Each public or private institution of higher learning in this State is
eligible to nominate one faculty member for this award who has
demonstrated exceptional teaching performance.
(2) The Governor's Office in conjunction with the Commission on
Higher Education shall establish a committee to choose the Professor of
the Year. The committee must consist of representatives of the
Governor's Office, the commission, and appropriate civic, business,
government, and academic organizations.
(3) The award must include a citation and a payment of five thousand
dollars. The Governor's Office shall host an appropriate ceremony at
which the award must be presented.
(4) The commission shall request annual state appropriations for the
award.
Section 59-104-230. The Commission on Higher Education shall
request state funds and establish procedures to implement a program of
endowed professorships at senior public institutions of higher learning to
enable the institutions to attract or retain productive faculty scholars who
are making or show promise of making substantial contributions to the
intellectual life of the State.
Each professorship must be supported by the income from an
endowment fund created especially for that purpose. Half of the corpus
of each fund must be provided by the commission through this program,
and half must be provided by the institution from private funds
specifically donated for this purpose.
The State Treasurer shall establish a separate fund consisting of any
funds appropriated for all endowed professorships plus accrued interest
received. Any amount remaining in the established fund at the end of
any fiscal year must be carried forward to the next fiscal year to be used
for endowed professorships. Funds in the specified amounts to support
each endowment may be transferred by the commission to each eligible
institution.
Section 59-104-240. (A) The Commission on Higher Education shall
request state funds to implement a program to endow salary
enhancements for outstanding faculty in technical colleges and two-year
campuses of the University of South Carolina. The purpose of the
program is to enable the state's two-year college systems to retain and
reward outstanding instructional personnel.
(B) The commission, in collaboration with the State Board for
Technical and Comprehensive Education and the University of South
Carolina, shall establish procedures to implement the program. Each
salary enhancement must be supported by an endowment fund created
especially for that purpose. Half of the corpus of each fund must be
provided by the commission through this program, and half must be
provided by the institution from private sources specifically donated for
this purpose.
(C) The State Treasurer shall establish a separate fund consisting of
any funds appropriated for all salary enhancements plus accrued interest
received. Any amount remaining in the established fund at the end of
any fiscal year must be carried forward to the next fiscal year to be used
for salary enhancements. Funds in the specified amounts to support each
salary enhancement may be transferred by the commission to each
eligible institution.
Section 59-104-250. All libraries in the technical colleges in this State
shall convert to a computer-based automated system that is compatible
with existing state library systems and allows for appropriate networking
with public colleges and universities if funds are appropriated for this
purpose. The Commission on Higher Education shall request special
appropriations to accomplish the conversion.
Section 59-104-260. The Commission on Higher Education shall
encourage the development of joint programs that take advantage of the
strengths of the public colleges and universities and discourage the
development of independent competitive programs. The programs must
be developed through planning and cooperation among the institutions in
both academic and nonacademic areas.
Article 5
Excellence in Research For Economic Development
Section 59-104-410. A Research Investment Fund is created to
establish or expand research programs in public institutions of higher
learning in this State which are related to the continued economic
development of South Carolina. The fund must consist of appropriations
to the State Commission on Higher Education which it allocates to the
institutions for research. The funds must be apportioned among the three
senior universities and the four-year colleges in a manner that takes into
account the previous year's expenditures of externally generated funds for
research by the institutions as reported to the commission. However, the
commission may make exceptions to accommodate economic
development opportunities in any area of the State.
Section 59-104-420. (A) The fund must be used for research
which:
(1) has a direct, positive impact on economic development,
education, health, or welfare in this State;
(2) has an existing base in faculty expertise, resources, and
facilities;
(3) serves to improve the quality of undergraduate and graduate
education for South Carolina citizens in accordance with the institutions'
stated missions as given in the commission's master plan and as
developed by the institution and approved by the commission as provided
in Section 59-103-45(5).
(B) The fund must not be used for capital construction projects.
Section 59-104-430. At the end of each fiscal year, comprehensive
reports must be made to the Commission on Higher Education on the
expenditures of funds and the results realized from the research
programs. At the end of two fiscal years and each fiscal year after that,
the commission shall reexamine the process of appropriating funds for
research and the results obtained from the expenditures and recommend
changes and alterations in the funding of research by the State if the
changes are considered advisable by the commission.
Section 59-104-440. (A) With the exception of the University of
South Carolina, Clemson University, and the Medical University of South
Carolina, institutions seeking financial support from the fund for research
projects shall submit proposals to the commission for its review and
approval.
(B) The portion of the fund allocated to the three senior universities
excepted in subsection (A) must be distributed in a manner that takes into
account the previous year's expenditures of externally generated funds for
research which each university reported to the commission.
(C) No funds allocated under the provisions of this chapter nor
matching funds received pursuant to terms of this chapter may be used to
increase an institution's future years' formula funding as computed by
the Commission on Higher Education.
Article 7
Improving Accountability Through Planning and
Assessment
Section 59-104-610. The State Commission on Higher Education shall
maintain a statewide planning system to address strategic issues in public
and private higher education. The system must focus upon the following
goals to:
(1) identify future directions for higher education in South Carolina
and recommend appropriate methods for meeting the resultant
challenges;
(2) review major goals identified by the public and private institutions
of higher learning in this State and ascertain their relationship to higher
education in South Carolina;
(3) assure the maintenance and continued development of the quality
of higher education in South Carolina;
(4) assure the maintenance and continued provision of access to and
equality of educational opportunity in higher education in South
Carolina;
(5) measure and monitor an institution's standard of achievement in
regard to the performance indicators for quality academic success as
contained in Section 59-103-30.
Section 59-104-620. (A) The Commission on Higher Education shall
establish an Advisory Council on Planning to assist the commission and
the institutions of higher learning in maintaining planning as a high
priority.
(B) The advisory council shall report to the executive committee of
the commission, which shall serve as the standing committee on planning
for the commission.
(C) The advisory council shall submit to the executive committee of
the commission its advice, reports, and draft plans.
Section 59-104-630. The Commission on Higher Education shall
ensure that each public institution of higher learning in this State
maintains its individual planning process.
Section 59-104-640. (A) The chief executive officer of the
Commission on Higher Education shall develop a prospectus for planning
each year.
(B) In the initial year, the Advisory Council on Planning is
responsible for developing a statewide planning document for submission
to the commission.
(C) After the initial year and annually thereafter, the advisory council
shall prepare revisions of the planning document for consideration by the
commission. The revisions must conform to, but need not be limited to,
the prospectus provided by the commission.
Section 59-104-650. (A) The goals for maintaining an effective
system of quality assessment by institutions of higher learning in South
Carolina are to:
(1) assure that a system for measuring institutional achievement in
regard to the performance indicators for quality academic success as
contained in Section 59-103-30 is in effect on every public college and
university campus in this State;
(2) provide a vehicle for disseminating the results of these
measurements to the constituents within the State;
(3) provide data relative to the effectiveness of each institution that
can be used to initiate curriculum, programmatic, or policy changes
within the institution necessary to meet the standards for these
performance indicators.
(B) The process by which these goals must be attained is as
follows:
(1) Each institution of higher learning is responsible for maintaining
a system to measure institutional achievement in regard to the
performance indicators for quality academic success in accord with
provisions, procedures, and requirements developed by the Commission
on Higher Education. The system for measuring such institutional
achievement must include, but is not limited to, a description of criteria
by which such institutional achievement is being assessed.
(2) As a part of South Carolina's statewide planning process, each
institution shall provide the commission with an annual report on the
results of its institutional achievement program.
(3) The commission shall prepare a report that must include results
of institutional achievement, including student assessment programs.
Information from private colleges and universities must be included for
those institutions that voluntarily provide the information to the
commission.
Section 59-104-660. (A) All state-supported institutions of higher
learning shall establish their own procedures and programs to measure
student achievement which must include, but are not limited to, the
performance indicators contained in Section 59-103-30(B)(6) and (7).
The procedures and programs must be submitted to the Commission on
Higher Education as part of the plan for measuring institutional
achievement and must:
(1) derive from institutional initiatives, recognizing the diversity of
South Carolina public colleges and universities, the tradition of
institutional autonomy, and the capacity of faculty and administrators to
identify their own problems and solve them creatively;
(2) be consistent with each institution's mission and educational
objectives;
(3) involve faculty in setting the standards of achievement, selecting
the measurement instruments, and analyzing the results;
(4) follow student progress through the curriculum, as
appropriate;
(5) include follow-up of graduates.
(B) As part of their annual report on institutional achievement, all
state-supported colleges and universities shall describe their progress in
developing assessment programs and submit information on student
achievement to the commission."
Report contents revised
SECTION 11. Section 59-101-350 of the 1976 Code is amended to
read:
"Section 59-101-350. (A) The Commission on Higher
Education shall submit an annual report to the Governor and to the
General Assembly. The annual report must be published prior to January
fifteenth of each year and presented in a readable format so as to easily
compare with peer institutions in South Carolina and other Southern
Regional Education Board states the state's public, post-secondary
institutions. Prior to publication, the Commission on Higher Education
shall distribute a draft of the report to all public, post-secondary
institutions and shall allow comment upon the draft report. The
Commission on Higher Education shall develop and adopt a format for
the report and shall ensure consistent reporting and collecting of the data
in the report by the institutions.
(B) Each four-year, post-secondary institution shall submit to the
commission the following information for inclusion in the report, with
the South Carolina Department of Corrections' students identified and
reported separately:
(1) the number and percentage of accredited programs and the
number and percentage of programs eligible for accreditation;
(2) the number and percentage of undergraduate and graduate
students who completed their degree program;
(3) the percent of lower division instructional courses taught by
full-time faculty, part-time faculty, and graduate assistants;
(4) the percent and number of students enrolled in remedial courses
and the number of students exiting remedial courses and successfully
completing entry-level curriculum courses;
(5) the percent of graduate and upper division undergraduate
students participating in sponsored research programs;
(6) placement data on graduates;
(7) the percent change in the enrollment rate of students from
minority groups and the change in the total number of minority students
enrolled over the past five years;
(8) the percent of graduate students who received undergraduate
degrees at the institution, within the State, within the United States, and
from other nations;
(9) the number of full-time students who have transferred from a
two-year, post-secondary institution and the number of full-time students
who have transferred to two-year, post-secondary institutions;
(10) student scores on professional examinations with detailed
information on state and national means, passing scores, and pass rates,
as available, and with information on such scores over time, and the
number of students taking each exam;
(11) appropriate information relating to each institution's role and
mission;
(12) any information required by the commission in order for it to
measure and determine the institution's standard of achievement in regard
to the performance indicators for quality academic success enumerated in
Section 59-103-30.
(C) Each two-year, post-secondary institution shall submit to the
commission the following information for inclusion in the report:
(1) the number and percentage of accredited programs and the
number and percentage of programs eligible for accreditation;
(2) the number and percentage of undergraduate students who
completed their degree program;
(3) the percent of courses taught by full-time faculty members,
part-time faculty, and graduate assistants;
(4) placement rate on graduates;
(5) the percent change in the enrollment rate of students from
minority groups, the number of minority students enrolled and the change
in the total number of minority students enrolled over the past five
years;
(6) the number of students who have transferred into a four-year,
post-secondary institution and the number of students who have
transferred from four-year, post-secondary institutions;
(7) appropriate information relating to the institution's role and
mission;
(8) any information required by the commission in order for it to
measure and determine the institution's standard of achievement in regard
to the performance indicators for quality academic success enumerated in
Section 59-103-30.
(D) The commission also shall develop with the cooperation of the
public, post-secondary institutions, a uniform set of questions to be
included in surveys to be used by each public, post-secondary institution
in determining alumni satisfaction. The survey instruments must address
the issues of overall satisfaction, satisfaction with major instruction,
impact of general education, and current societal participation of alumni.
Every two years the graduating class of three years prior must be
surveyed by each institution using appropriate statistical techniques.
Information from these surveys must be included every two years in the
annual report as required herein.
(E) The commission shall make no funding decision, capital outlay
decision, distribution or certification on behalf of any public,
post-secondary institution that has not submitted the information required
pursuant to this section.
(F) After discussions with the institutions, the Commission on Higher
Education in consultation with the House Education and Public Works
Committee and the Senate Education Committee shall develop the format
for the higher education report as required herein.
(G) The Commission on Higher Education also is required in the
annual report to report on the progress of institutions of higher education
in implementing assessment programs, in their achievement of
effectiveness goals, and on each institution's standard of achievement in
regard to the performance indicators for academic success established in
Section 59-103-30.
(H) The report required by this section must be filed in magnetic
media form if the information is available in that form."
Changes to single-gender programs; effective date of section
SECTION 12. Subsections (A), (B), and (C) of Section 95, Part II of
Act 145 of 1995, are amended to read:
"(A) The General Assembly finds that some students, both male
and female, benefit from attending a single-gender college. For these
students, the opportunity to attend a single-gender college is a valuable
experience, likely to lead to better academic and professional
achievements. The General Assembly therefore adopts the findings of
fact in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238
(4th Cir. 1995) that `single-gender education at the college level is
beneficial to both sexes'. Further, in that single-gender education is both
beneficial and justifiable, the General Assembly finds that providing
opportunities for students to attend a single-gender college fulfills an
important and legitimate state objective, and therefore declares and
stipulates that it is the public policy of the State to support the
establishment and maintenance of single-gender programs of higher
learning for both sexes. Single-gender offerings to both men and women
need not be identical in form and detail, but should be designed to
produce substantively comparable outcomes.
(B) The General Assembly shall annually provide such funding as
may be necessary, under the auspices of the Commission on Higher
Education, to establish and maintain approved single-gender offerings,
provided that the commission shall not be authorized to require any
change to a court approved single-gender education program which
would hinder the program's ability to produce a substantively comparable
outcome.
(C) This section takes effect July 1, 1996, and upon approval of a
single-gender program by any court of competent jurisdiction."
Time effective
SECTION 13. This act takes effect July 1, 1996.
Approved the 20th day of May, 1996. |