S 1145 Session 111 (1995-1996)
S 1145 General Bill, By Setzler, Bryan, Cork, Courson, Drummond, Giese, Lander,
Moore, Washington and Wilson
A Bill to amend the Code of Laws of South Carolina, 1976, 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.-short title
02/15/96 Senate Introduced and read first time SJ-6
02/15/96 Senate Referred to Committee on Education SJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, 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;
TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30
SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS 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, 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 ANNUAL
BUDGET REQUEST IS DETERMINED AND 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, REQUIRE THE COMMISSION TO
REVIEW AND APPROVE EACH INSTITUTIONAL MISSION
STATEMENT, AND 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 PROVIDE THAT AN
INSTITUTION'S REQUEST FOR NEW OR EXPANDED
PROGRAMS MUST BE APPROVED BY THE COMMISSION;
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 AN
INSTITUTIONS' FACILITIES AND REAL PROPERTY
ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED;
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 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.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amend 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 for nontraditional 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
schools or colleges with a mission as stated in item (4) and not
become community or junior colleges."
SECTION 2. 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 the duty of making studies
of examining the state's institutions of higher learning
relative to both short and long-range programs and
missions which shall 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."
SECTION 3. 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) Qualify 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 goods 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) Classroom 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, 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 non-academic 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."
SECTION 4. Section 59-103-35 of the 1976 Code is amended
to read:
"Section 59-103-35. All public institutions of higher
learning shall submit summary budgets annual budget
requests to the commission in the manner set forth in this
section. The State Board for Technical and Comprehensive
Education shall submit a summary budget an annual
budget request to the commission representing the total
request 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 and
approved by 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
commission.
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. The commission has the authority to
recommend the termination of an existing program at any institution
within the purview of this chapter. An appeal from this
recommendation must be made by the governing board of an
affected institution within sixty days to the Senate Education
Committee and the House Education and Public Works Committee
which shall hear the parties to the appeal. If both committees
refuse to concur in the recommendation for termination, the
program must not be terminated pursuant to the recommendation of
the commission which is the subject of this appeal. A decision
must be reached by the committees within one hundred twenty days
from the date of the filing of the appeal. The commission's
decisions as to funding reductions or increases for individual
institutions, or both, are final and are not subject to administrative
or judicial review."
SECTION 5. 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; and
(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 of an institution under this
item (5) shall be as promulgated in regulations of the commission
which shall be submitted to the General Assembly for its review in
accordance with the Administrative Procedures Act;
(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."
SECTION 6. Section 59-103-60 of the 1976 Code is 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, and the Governor's
Office may shall 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. These requested appropriations or requests
for new or expanded programs must be approved by the
commission before they may be granted or implemented."
SECTION 7. 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."
SECTION 8. 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 any new permanent facility
at any location other than on a currently approved campus or on
property immediately contiguous thereto unless such new location
and or purchase or acquire any new improved or
unimproved real property unless such new facility,
purchase, or acquisition has been approved by the Commission.
Provided, that However, the provisions of this
section shall not apply to the Trident Technical College property in
Berkeley County or the new Palmer College site in Charleston
County or Francis Marion College University in
Florence County."
SECTION 9. 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 in
fall, 1988 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 means 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, half to be provided by the
post-secondary institution at which he is enrolled. 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 continue to work with all of the institutions to
improve articulation 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 by 1990 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
effectiveness 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
outcome 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 effectiveness
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
effectiveness achievement must include, but is not
limited to, a description of criteria by which such
institutional effectiveness 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 effectiveness
achievement program.
(3) The commission shall prepare a report that must include
results of institutional effectiveness 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 effectiveness
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
effectiveness achievement, all state-supported
colleges and universities shall describe their progress in developing
assessment programs and submit information on student
achievement to the commission."
SECTION 10. 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 beginning in 1993 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,
(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 and number 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, the number of minority students enrolled,
and the change in the total number of minority students enrolled
over the past five years;
(8) the percent and number 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; and
(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;
and
(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 on Higher Education 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 on Higher Education shall make no
funding recommendation decision, capital outlay
recommendation 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 to submit an in the annual report to
report on the progress of institutions of higher education in
implementing assessment programs, and 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."
SECTION 11. This act takes effect upon approval by the
Governor.
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