Sunset Public Hearing Questions forCreated by Section 49-7-201,
Tennessee Code Annotated (Sunset termination June 2012)
1. Provide a brief introduction to the Tennessee Higher Education
Commission, including
information about its purpose, statutory duties, and staff. The
Tennessee Higher Education Commission was created in 1967 for the
purpose of achieving cooperation and unity in higher education. The
coordination function grew out of a nationwide trend by governors
and legislators to promote planned growth, equitable funding, and
accountability among the state’s colleges and universities. Since
that time the Commission has created funding formulae, funding
initiatives based on performance, legislative benchmarks, master
plans, and criteria for new academic programs. THEC has been at the
forefront in the implementation of the Complete College Tennessee
Act (CCTA) to include an outcome based funding formula, master
planning to reflect the intent of the CCTA and the development of
the universal transfer of general education courses and pre-major
pathways to ensure seamless transfer between state institutions.
The Commission is also charged with a wide range of other
responsibilities including providing detailed analysis of the
lottery scholarship program, regulation of the proprietary school
industry, serving as the state approving authority for veteran
education programs, among other grants and programs. A more
detailed outline of the Commission’s responsibilities is included
with this response as Attachment A. 2. Provide a list of current
members of the commission and describe how membership
complies
with Section 49-7-204, Tennessee Code Annotated. Who appoints
members? Are there any vacancies on the commission? If so, what
steps have been taken to fill the vacancies?
A listing of the current commission members follows. As noted in
the list, members are appointed by the Governor from each
congressional district for six year terms pursuant to the
provisions of T.C.A. Section 49-7-204. The Governor also appoints
the two student members, one each from the University of Tennessee
system and the Tennessee Board of Regents, to two-year staggered
terms. The student who is serving in the second year has voting
privileges. Of the four ex officio members, the three
constitutional officers have voting privileges, while the executive
director of the State Board of Education is a non-voting member.
There are currently no vacancies on the commission.
1. Ms. Sue Atkinson Fifth Congressional District
2. Mr. Charles Bone Sixth Congressional District
3. Mr. Gregory Frye, non-voting student member UT Martin
4. Mr. Tre Hargett Secretary of State
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5. Ms. Sharon Hayes Eighth Congressional District
6. Mr. Greg Isaacs Second Congressional District
7. Mr. Cato Johnson Seventh Congressional District
8. Mr. Jon Kinsey Third Congressional District
9. Mr. David Lillard, Jr. State Treasurer
10. Mr. Charles Mann Fourth Congressional District
11. Mr. Gary Nixon, non-voting ex-officio Executive Director, State
Board of Education
12. Mr. Zachary Walden, voting student member East Tennessee State
University
13. Mr. Justin Wilson Comptroller
14. Mr. A C Wharton, Jr. Ninth Congressional District
15. Mr. Robert White First Congressional District
3. Does the commission’s membership include public/citizen members?
Female members?
Members of a racial minority? Members who are 60 years of age or
older? As noted in question #2 above, the Governor appoints 11 of
the Commission’s 15 members so it is very much dominated by
public/citizen members. The Commission membership includes two
women, three racial minorities, as well as six appointed members
and two ex officio members who are 60 years of age or older.
4. Is the commission subject to Sunshine law requirements (Section
8-44-101 et seq., Tennessee Code Annotated) for public notice of
meetings, prompt and full recording of minutes, and public access
to minutes? If so, what procedures does the commission have for
informing the public of its meetings and making its minutes
available to the public?
In November of each year, the Commission posts the dates of its
meetings for the following calendar year on its website. At least
two weeks prior to each meeting the agenda is posted on the website
followed by a posting of meeting agenda items generally one week
prior to the meeting. Notice of this information with the
appropriate website links is provided via email to members of the
press and other
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interested parties as it becomes available. Notice of the meeting
and the agenda are also posted in public places several days before
the meeting. The Commission meetings can be viewed live on line via
streaming video and the appropriate link to access the webcast is
provided on the website. Additionally, the webcast of each meeting
is archived and the website maintains a link that will enable a
person to view past meetings after the fact. Minutes of past
meetings are also available on the website. 5. In addition to the
disclosure requirements placed on some ex officio members of
the
commission at Section 8-50-501, Tennessee Code Annotated, does the
commission have any policies in place to address potential
conflicts of interests by commission members, commission employees,
or other state employees who work with the commission in any
capacity?
The Commission has adopted similar, but different policies on
conflict of interest for both Commission members and staff. Each
includes a conflict of interest statement that must be completed
and signed by the Commission members and all staff, respectively,
on an annual basis. Additionally, the Commission has adopted a Code
of Ethics applicable to the members and a Code of Conduct governing
staff interaction. Copies of each of these policies are included
with this response as Attachment B. ________ Responses continue on
page 6.
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6. What were the commission’s revenues (by source) and expenditures
(by object) for fiscal years 2010 and 2011?
Tennessee Higher Education Commission
Administration – 332.01
Category FY 2010 FY 2011 Salaries $ 3,567,396 $ 3,724,071 Longevity
45,432 46,000 Overtime 1,873 3,635 Benefits 1,247,620 1,270,652
Subtotal $ 4,862,322 $ 5,044,358 Travel $ 98,065 $ 127,909 Printing
and Duplicating 6,614 26,201 Utilities and Fuel 39 14
Communications 9,239 11,658 Maint. & Repairs 37,336 41,595 Prof
Services Third Party 739,178 1,894,212 Supplies and Materials
48,580 91,746 Rentals and Insurance 10,076 8,660 Motor Vehicle
Operation 34 41 Awards and Indemnities 176 393 Grants and Subsidies
2,895,112 3,959,489 Equipment - 1,137.45 Training 27,162 221,310
Data Processing 134,104 179,351 State Professional Services
1,336,712 550,013 Subtotal $ 5,342,427 $ 7,113,730 Total $
10,204,749 $ 12,158,088 State 1,496,560 1,975,908 Federal 5,596,121
4,943,583 NonGovernmental 83,780 417,221 Current Services 1,626,779
1,878,838 Interdepartmental 1,401,510 2,942,538
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Total $ 2,094,800 $ 2,216,600
$ 3,767,475 $ 3,679,041
Centers of Emphasis - 332.11 Grants 1,360,300 1,348,000
7. What have been the commission’s major accomplishments for the
past two years? The major accomplishments of THEC for the past two
years have largely grown out of Complete College Tennessee Act
(CCTA) implementation and THEC’s participation in significant
federally- and privately funded grant initiatives. These activities
demonstrate THEC’s success in developing and putting into place the
State’s overarching college readiness agenda and Tennessee’s
college completion public policy. In every instance, this success
is coming through collaboration with K-12, business and industry,
the private sector, government, communities, and from THEC’s
coordination of system efforts of the Tennessee Board of Regents
and the University of Tennessee to meet college readiness and
college completion goals. Specifically, these major THEC
accomplishments to date are:
• Developed and implemented the State 2010-2015 Public Agenda
(Master Plan) that capitalizes on available resources to increase
the number of postsecondary graduates, without diminishing
instructional quality. In January 2011, one year following the
signing of the CCTA, the Commission convened the Public Agenda
Steering Committee and higher education national leaders to monitor
progress and design next steps. Governor Haslam, who had just taken
office at the time, took this opportunity to lend his support to
the college completion agenda.
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• Sharpened focus on mission distinctions for all public college
and universities to accentuate differentiated institutional strong
suits and research capabilities and to avoid unnecessary
duplication of programs and services.
• Published a labor market supply-demand study to avoid unnecessary
duplication of programs and assist institutional leaders in making
academic program planning decisions in light of limited state
resources. The study compared the supply of higher education
graduates relative to state labor market demand by occupation and
highlighted critical shortage areas.
• Developed and implemented a higher education outcomes-based
funding formula that distributes appropriations based on student
success and institutional gains in the number of graduates rather
than on enrollment. The formula provides added incentives for the
graduation of low-income and adult students, establishing these
groups as student sub-populations critical to the future of
Tennessee.
• Reached out to underserved students in low-income and low
educational attainment counties to improve college readiness and to
transition students into postsecondary education through GEAR UP
TN.
• Collaborated with metropolitan and county governments and private
community funders to provide last dollar scholarships and mentoring
through tnAchieves.
• Collaborated with K-12 and the Governor’s office to implement the
State’s Race to the Top (RTTT) $500 million grant, with THEC
providing grant management for pre-service teacher training on:
science, technology, engineering, and mathematics (STEM)
instruction and using value-added data; implementing the national
K-12 Common Core Standards in teacher preparation curricula; and
issuing the legislatively required Report Card on Teacher Education
Programs. THEC continues to provide leadership in implementing the
RTTT-funded Tennessee Longitudinal Data System, a P-20 student unit
record database, under construction with Race to the Top funds, to
link K-12, higher education, and labor market data.
• Secured one of ten Completion Innovation Challenge Grants awarded
nationwide by Complete College America. This $1 million grant is
being used to:
o disseminate the Adaptive Advising Tool developed by Austin Peay
State University;
o propagate and standardize practice relative to institutional
assessment and awarding of credit for prior learning; and
o develop programming for three college completion academies
designed to assist Tennessee colleges and universities in
implementing a completion agenda at the institutional level.
Moreover, THEC played a significant role as an independent broker
of reliable information on postsecondary performance and
educational attainment by meeting the research and analysis needs
of legislative committees, individual members, and Governor’s
staff. The Commission produced several annual reports, including
the Tennessee Higher Education Fact Book, the Legislative County
Higher Education Profiles, and the Articulation and Transfer
Report. Finally, charged with serving as a repository of
information relative to the Tennessee Education Lottery
Scholarship, the Commission has reported annually since 2006 on
recipients’ college access, progress, and success. In addition to
these annual reports, the Commission produced analyses in the past
year, including:
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• cost-savings scenarios for the Lottery Stabilization Committee; •
long-range scholarship program cost projections to 2014-15 for the
State Funding Board; and • a series of short research reports
targeting: a baseline evaluation of the Wilder-Naifeh
Technical
Skills Grant; the impact of the provisional renewal rule; the
impact of extending the 2.75 renewal GPA to the 48-hour benchmark;
the lottery scholarship and college affordability; and the General
Assembly Merit Scholarship and its outcomes.
8. What parts of the Complete College Tennessee Act of 2010 have
been implemented and what
remains to be implemented? Status of CCTA implementation of Fall
2011 Requirements Complete: Institutional mission differentiation.
THEC has worked with systems and institutions to formulate
institutional profiles which declare institutional mission
distinctions and these differentiated missions serve as the basis
for the new THEC outcomes-based funding formula. This action
furthers the aim of the CCTA by clarifying expectations for each
individual institution to contribute to the graduate production,
workforce development, and (where appropriate) research needs of
the State. Complete: Outcomes-based funding formula. THEC has
developed and implemented a formula for allocating appropriations
based on institutional performance in producing graduates and
demonstrating student success, such as student retention and
persistence. The outcomes-based formula replaces a formula driven
by Fall term enrollment FTE and supports the production agenda of
the CCTA. Complete: Universal transfer of general education and
pre-major pathways. The TBR and UT, in consultation with THEC, have
established a fully- transferrable (across all community colleges
and state universities) 41-hour common general education core.
Additionally, the two systems, in consultation with THEC, have
fulfilled the CCTA objective of universal transfer of 19-hour
pre-major pathways to baccalaureate majors. In total, 46 pathways
have been developed across 28 disciplines. Complete: Dual
admission. The two systems, in consultation with THEC, have
established a common dual admission procedure for use in all state
higher education. All universities have established dual admission
provisions with at least one community college identified as its
primary transfer partner. Through dual admission, a student
benefits from the programs and services of both institutions and,
upon associate degree completion, will hold junior status at the
university. Complete: Designated not-for-transfer courses.
Institutions identify courses that meet applied degree (AAS)
requirements but are not designed for transfer as equivalent to
university parallel associate programs (AA/AS). Such
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courses are identified in college catalogs, advisement tools, and
web-based information. Underway: Common course numbering in
community colleges. The TBR has established common
learning outcomes for courses meeting general education
requirements and in most all cases has established common course
numbering. Significant progress has been made, through the faculty
deliberations in developing the 19-hour pre-major pathways, toward
greater commonality in numbering for courses in the
disciplines.
Significant Progress toward meeting July 1, 2012 requirements
Remedial/Developmental courses taught only in community colleges.
Universities and community college partnerships have been forged
whereby community colleges provide student support courses to
university students. With the TBR developmental studies redesign,
remedial/developmental courses have been removed from the
universities.
Community college system. The TBR has appointed a Vice Chancellor
for Community Colleges, has begun work on degree acceleration
processes (such as block scheduling and alternative scheduling)
through external funding, and has begun publicity “branding” the
unified and comprehensive” community college system within the
TBR.
Progress toward meeting June 30, 2013 Requirement Community college
budgets determined by TBR. The TBR, in consultation with THEC, has
begun the planning that will acknowledge the outcomes-based
foundation of the new funding formula while allocating individual
college budgets through developing processes. On-going (no
completion date assigned in CCTA) Research enhancement at the
University of Tennessee Knoxville. As enabled by the CCTA
appropriation of $6 million for research enhancement through UTK
and Oak Ridge National Laboratories, the university has proposed
and THEC has approved a Ph.D. in Energy Sciences and Engineering.
The doctoral program will anchor enhanced research, produce
graduates trained to lead emerging energy science technologies,
conduct research furthering the State’s economic development in
energy sciences, and attract additional collaboration to the
UTK-ORNL partnership. Memphis Research Consortium. Enabled by the
$10 million appropriation, the University of Memphis, the
University of Tennessee Health Sciences Center, St. Jude’s, and
other Memphis health sciences partners have established the
consortium aimed at furthering research in targeted biosciences and
biotechnologies.
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9. What are the future funding implications of the Outcomes-Based
Funding Formula mandated by the Complete College Tennessee
Act?
The outcomes-based funding formula completely altered the
methodology of allocating higher education state appropriations.
Universities are now funded based on the number of degrees they
produce, student retention, research and other factors, while
community colleges are funded based on degrees, student retention,
remedial success, job placement and other factors. The CCTA ushered
in an era in public policy where funding will no longer flow to
institutions with the greatest enrollment growth, but those with
the highest levels of productivity. The CCTA established that
productivity and educational attainment are the most important
public policy goals for higher education, and the funding formula
now reflects that.
10. What is being done in higher education facilities and
institutions to reduce costs through the
implementation of efficiencies? Due to the backlog of capital
maintenance and capital outlay projects across the higher education
system, institutions have had to increase facility efficiency in
order to accommodate increasing numbers of students. TBR and UT
institutions utilize night and weekend classes as much as possible,
while utilizing off-campus locations to increase their capacity to
serve students. In addition, many public institutions have energy
savings performance contracting programs, which produce lower
energy usage and costs. Institutional master plans incorporate
space utilization analysis, which allows a campus to understand the
types and uses of facilities on the campus. Institutions also
extensively use tools such as computerized scheduling and energy
usage tracking that allows campus personnel to make better and
data-driven decisions regarding the campus infrastructure.
11. There is an ongoing discussion in the state’s media concerning
increases in tuition being
charged to attend higher education facilities in Tennessee. How is
the money being used from the most recent tuition increase?
Average university tuition and fees in Tennessee is $6,044 which
compares to a regional average of $6,185 (per data from the
Southern Regional Education Board). Community college tuition and
fees average $3,211, compared to a regional average of $3,039.
Tennessee’s tuition and fee rates are comparable to other states in
spite of the fact that state funding has declined by $267.4 million
or 19.4 percent since 2008. While tuition prices have risen in
response to state funding reductions, higher education total
revenues per student have declined over the last few years. Total
revenue per student, defined as state appropriations and tuition
and fee revenue per student, fell by $1,800 or 14 percent from 2008
to 2012 after adjusting for inflation. Therefore, while it is true
that tuition has increased, which has partially but not completely
offset state funding reductions, overall higher education revenues
per student have declined in recent years. Tuition revenue is used
exclusively for operating purposes.
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12. What is the role of private education institutions in meeting
the ongoing need for graduates in Tennessee? What is being done to
ensure the quality of private institutions in Tennessee?
The state’s demand for college graduates cannot be met by public
higher education institutions alone. Reaching the national average
in degree attainment by 2025 requires public and private higher
education working together toward the goal. Additionally, citizens
of the state of Tennessee are well-served by the diversity of
academic offerings, institutional values, and geographic access
that private institutions provide. The educational attainment
benchmark against which Tennessee measures itself relative to other
states comes from the U.S. Census Bureau’s annual American
Community Survey, which asks respondents to report their highest
level of education completed. The question does not specify whether
the college(s) attended were public or private, or even for-profit
or non-profit. In the eyes of the Census, a degree is a degree.
Therefore, the private colleges, which accounted for about 37
percent of fall term headcount in fall 2010 (18 percent in TICUA
institutions, 19 percent for-profit), have a significant role to
play in meeting the ongoing need for graduates in Tennessee. For
Tennessee to meet the educational attainment goals outlined in the
2010-2015 Public Agenda for Tennessee Higher Education, sustained
statewide degree increases of four percent annually will be
required. Given their recent history of growth, private colleges
and universities are being counted on to sustain increases in the
numbers of graduates that are slightly above the state
average.
What is being done to ensure the quality of private institutions in
Tennessee? Regional accreditation is recognition of institutional
quality understood by the general public as well as the education
community. The regional accreditor for the southeast U.S. is the
Southern Association of Colleges and Schools (SACS) Commission on
Colleges (COC). Private institutions stand for accreditation
through the COC and are evaluated through the same accreditation
processes as state colleges and universities. An example of such
recognition of quality through accreditation is evident in the
framing of the Tennessee lottery scholarship program requirements.
Students can receive the scholarship only through enrollment in
regionally-accredited institutions (with a few legislated
exceptions). The same standard for scholarship eligibility for
public institutions is applied to private institutions. A second
mark of private institution quality is eligibility for membership
in the Tennessee Independent College and University Association
(TICUA), a federation of private institutions subscribing to the
same quality expectations. To be a TICUA member, private colleges
must be SACS-COC accredited. Additionally, private institutions
seek specialized programmatic accreditation (in engineering,
teacher preparation, and business, for example) by the same
recognition bodies accrediting public institutions. Additionally,
proprietary institutions as well as out-of-state institutions and
some non-profit schools are subject to the oversight of the
Commission pursuant to T.C.A. § 49-7-2001, et seq. The Commission
ensures that these institutions meet the minimum standards
established by the Legislature in order to operate in
Tennessee.
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13. What role does the commission have in Race to the Top and what
activities have been undertaken by the commission as part of that
program?
As a part of the American Recovery and Reinvestment Act of 2009,
President Barack Obama and Secretary of Education Arne Duncan
announced the United States Department of Education’s Race to the
Top competition. Race to the Top is a $4.35 billion incentive
program designed to make drastic reforms and improvements in
education and student performance. Tennessee was one of 41 states
to submit applications for the program in January of 2010. After a
rigorous competition, Tennessee emerged as one of two states
awarded Race to the Top funding and is receiving $501 million to
implement the proposed reforms. Tennessee’s Race to the Top
proposal concentrated on five areas of improvement: Great Teachers
and Leaders, Standards and Assessments, Data Systems to Support
Instruction, Turning Around Low- Performing Schools, and STEM
(Science, Technology, Engineering, and Math) Education. This
sweeping educational reform requires collaboration from all
educational stakeholders. The Tennessee Department of Education,
State Board of Education, Tennessee Higher Education Commission,
and Governor’s Office are leading the efforts in implementing the
reforms proposed in Race to the Top. The Tennessee Higher Education
Commission works closely with the Department of Education as one of
two agencies with programmatic and fiscal responsibility for Race
to the Top initiatives as well as serving in a leadership capacity
for the reform agenda. The THEC Executive Director serves on the
First to the Top Advisory Council which oversees implementation.
THEC staff also serve on various First to the Top working teams
such as the Project Management Oversight Committee, STEM leadership
team, and the First to the Top Oversight Team. Tennessee’s Race to
the Top framework names THEC as directing and managing several
projects with a total fiscal impact of over $23 million. These
projects aim to accomplish the following: • Improve teacher
preparation programs to increase the quality and quantity of
teachers in K-
12 education. Two Race to the Top programs focus on the content and
curriculum of teacher training programs in higher education
institutions: Integrating TVAAS into Pre-Service and Integrating
Common Core Standards into Pre-Service. THEC is contracting with
the SAS Corporation to develop curriculum to be implemented in all
teacher training programs. This curriculum will be a required
component of the over 40 teacher training programs in the state.
The training will be based on interactive computer modules which
will simulate student achievement data that teachers will use once
they are in the classroom. This will enable pre-service teachers to
have an in-depth understanding of Tennessee’s K-12 assessment
system and how to use their students’ data to improve student
learning and achievement. (Integrating TVAAS into Pre-Service
Training: $1,350,000) The State Board of Education adopted the
Common Core State Standards in 2010. All K-12 classrooms will
transition to the Common Core Standards and Assessments by 2014-15.
Teacher preparation programs are beginning the transition to Common
Core Standards currently so that all graduates will be prepared to
teach the standards upon graduation. THEC will issue a competitive
Request for Proposals and will work collaboratively with a
representative committee of teacher training programs to develop a
pre-service curriculum addressing the Common Core State
Standards.
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All teacher training programs will adopt this curriculum.
(Integrating Common Core Standards into Pre-Service Training:
$1,350,000)
• Provide accountability in teacher and school leader preparation
focused on strengthening
programs. Responsibility for the Report Card on Teacher Preparation
has been shifted from the State Board of Education to THEC, and
this responsibility is addressed in the Race to the Top framework.
The Report Card process provides accountability for the teacher
preparation programs and their graduates and provides valuable
feedback to the institutions to make programmatic changes. In
addition to the statutorily required Report Card on the
Effectiveness of Teacher Training Programs, a School Leaders Study
will be developed. This study will be similar to the teacher
preparation report card and will assess the effectiveness of the
principal preparation programs approved to license school
administrators. The School Leaders Study will evaluate programs on
multiple measures including graduate performance in school wide
value-added data, placement and retention rates, and interviews
with school district personnel.(Teacher Preparation Program
Effectiveness Report Card: $432,000; School Leaders Study
$172,800)
• Increase Tennessee’s competitiveness in STEM. The STEM network in
Tennessee will continue to expand through Race to the Top through
two new initiatives. In addition to the two UTeach replication
sites being currently funded by THEC and TDOE, the Race to the Top
funding names the establishment of two additional UTeach
replication sites at the University of Memphis and UT Chattanooga.
THEC will facilitate these additions which will dramatically
increase the number of secondary math and science teachers across
the state. (UTeach Program Replication: $4,104,000) THEC will also
contract with the university STEM centers to provide high quality
professional development to K-12 teachers in STEM disciplines.
(STEM Professional Development: $6,480,000)
• Expand the College Access Network. THEC will receive additional
funding to expand the current
College Access Network and to assist students in successful
application and admission to colleges and universities. (College
Access Network: $3,240,336)
• Oversee the work of the Tennessee Consortium on Research,
Evaluation, and Development. The Race to the Top application
established the Tennessee Consortium on Research, Evaluation, and
Development as the primary mechanism to evaluate the Race to the
Top reforms and recommend changes in the reform agenda. This
consortium is operated out of Vanderbilt University and is managed
by THEC. (TNCRED $4,966,360)
In addition to the work and projects listed above, THEC is a
partner in the development of the State Longitudinal Data System
(SLDS). The SLDS will combine K-12, higher education, and workforce
data that will allow researchers to study outcomes and
interventions in education leading to greater success in college
and the workforce.
14. A finding in the November 2007 performance audit of the
commission found: “The Tennessee
Higher Education Commission lacks sufficient documentation for the
Student Information System (SIS). In your six-month follow-up to
that audit you stated that you were
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implementing the auditor’s recommendations to that finding and
that, additionally, you were hiring an external consultant “to
review the completed database documentation for comprehensiveness
and clarity.” Has that process been completed and what were the
results of the review by the external consultant?
Subsequent to the November 2007 performance audit, documentation of
all procedures, queries, and programs was developed and catalogued
within THEC’s Lottery Assessment Unit. This was done with the goal
that a new employee, who was unfamiliar with the design of THEC’s
Student Information System (SIS) but familiar with a SQL
Server-based data environment, could continue database operations
in a seamless fashion. A local external reviewer was engaged to
review this documentation. An individual was recommended to THEC by
the head of the Computer Science department at Nashville State
because of his knowledge of Microsoft operating systems and
database systems design. Further, he was fluent in the Microsoft
TransactSQL operating environment utilized for THEC’s Student
Information System. The review was conducted from March through May
of 2008.
The review contained the consultant’s appraisal of how well the
documentation facilitates the reconstruction of database systems in
the event of a catastrophic incident. The review covered database
structures, stored procedures, roles, security provisions, database
object relationships, data validation and error capturing, and the
ease of understanding the re-construction process instructions. The
review also included suggestions to increase performance or
decrease system maintenance time.
The reviewer concluded that “the document in its current form would
prove to be an invaluable tool and would, in this author’s opinion,
enable a technically competent individual to continue this critical
business function on an emergency basis if needed.” He went on to
make recommendations as to how current documentation could be
improved with the inclusion of flow charts diagramming the flow of
information into and throughout the system. He further stated that
each documentation section should include an introduction clearly
stating the purpose of that section and clearly identifying the
affected databases. Since then, the tradition of external appraisal
of database operations has been continued with the hiring of Dr.
George Malo, the Board of Regents’ recently retired Associate Vice
Chancellor for Research and Assessment, to conduct a review of SIS
data quality. He found that data quality improved significantly
after the creation of the Lottery Assessment Unit and the resulting
upload-edits and table cross-checks were implemented. Beginning
with the UT Institutional Research Officers’ Retreat on September
29, THEC has begun sharing this information with system and
institutional research and information technology staff, so that
recommended data quality improvements can be corrected at the
source level. 15. Another finding read: “The Minority Teacher
Education program files lack documentation as
required by internal policy and program requirements.” What
processes were ultimately instituted to correct this lack of
documentation and how successful were they?
With the settlement of the Geier desegregation lawsuit, and in
light of current federal laws, the Minority Teacher Education
program has evolved into the Diversity in Teaching program. During
the previous audit, two findings were identified under the auspices
of a lack of documentation:
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1) Failure to obtain grant signatures prior to the start date of
the contract.
This finding has been fully addressed, and all current DIT
contracts were signed prior to the start date. Institution
Signature Date Project Start Date Austin Peay 7-29-11 8-15-11 Lee
University 7-26-11 8-15-11 UT-Chattanooga 7-18-11 8-15-11
UT-Knoxville 7-18-11 8-15-11
2) Need to develop a standardized annual evaluation format to
monitor programs. A standardized evaluation instrument was
developed, and is now administered to all Diversity in Teaching
programs. This report is completed by the staff at each Diversity
in Teaching site, and includes a comprehensive review of program
expenditures, measures of recruitment and retention success,
discussions of local education partnerships and PRAXIS exam passage
rates. This instrument is just one component of a comprehensive
monitoring program that includes on- site orientation meetings for
all project directors, campus audit visits, mid-term performance
assessments, and mandatory final report narratives.
16. Describe any items related to the commission that need
legislative attention and your proposed legislative changes.
The Commission is charged with making a number of reports to the
Legislature and/or the Governor. Over the years some of the reports
have been expanded to ensure that the intended recipient obtains a
complete picture of the status of higher education as it relates to
a particular report. This has also resulted in some duplication in
the various reports. In addition, at least one report is no longer
relevant. Specifically, T.C.A. § 49-5-5024 requires the Commission
to report on the status of achieving the goals developed in keeping
with the SREB Challenge 2000. The SREB no longer has such goals and
the intent of the report can be achieved through the reporting
requirements in the CCTA. The Commission will provide the
Government Operations Committee with suggestions on how to combine
some of the currently required reports to reduce the actual number
of reports without reducing the information the Legislature and the
Governor expects and needs. 17. Should the commission be continued?
To what extent and in what ways would the absence of
the commission affect the public health, safety, or welfare? The
Commission continues to serve the state for the purposes for which
it was established through enabling legislation, and the Complete
College Tennessee Act recertifies and, to some degree, expands the
service of the coordinating board in furthering the welfare,
health, and safety of Tennesseans. Specifically, the CCTA directs
the Commission to approve institutional mission differences to
capitalize on institutional strengths in contributing to the
economic development, research, and programmatic needs of the State
without unnecessary duplication. Such mission distinctiveness among
institutions as
14
health sciences, medicine, and engineering are examples of the type
of financial and quality assurance public agenda planning vested in
the THEC by legislation. Mission distinction also constitutes the
foundation of the outcomes based funding formula, which focuses on
state institutions producing a greater number of college graduates
for the health and welfare of the state’s economy. Without the
centrality of the funding formula, administered by the Commission,
equities in funding to individual institutions would not likely be
assured. The THEC as a coordinating entity supports the effective
roles of the governing boards of the two systems. The coordinating
function is essential not only in appropriations distribution,
mission differentiation, but also in ensuring a comprehensive
public university and community college network providing access to
higher education and providing student financial assistance through
the THEC/TSAC-managed HOPE lottery scholarship system and other
student financial assistance. 18. Please list all commission
programs or activities that receive federal financial assistance
and,
therefore are required to comply with Title VI of the Civil Rights
Act of 1964. Include the amount of federal funding received by
program/activity.
[Federal financial assistance includes:
(1) Grants and loans of Federal funds, (2) The grant or donation of
Federal Property and interests in property, (3) The detail of
Federal personnel, (4) The sale and lease of, and the permission to
use (on other than a casual or transient basis), Federal property
or any interest in such property without consideration or at a
nominal consideration, or at a consideration which is reduced for
the purpose of assisting the recipient, or in recognition of the
public interest to be served by such sale or lease to the
recipient, and (5) Any federal agreement, arrangement, or other
contract which has as one of its purposes the provision of
assistance. 28 C.F.R. Sec. 42.102(c)] [The term recipient means any
State, political subdivision of any State, or instrumentality of
any State or political subdivision, any public or private agency,
institution, or organization, or other entity, or any individual,
in any State, to whom Federal financial assistance is extended,
directly or through another recipient, for any program, including
any successor, assign, or transferee thereof, but such term does
not include any ultimate beneficiary under any such program. 28
C.F.R. Sec. 42.102(f)] The following Commission programs were
funded with federal funds for FY 2010-2011:
• GEAR UP Grant from the U. S. Department of Education (this grant
expired August 30, 2011) $3,500,000;
• College Access Challenge Grant from the U. S. Department of
Education, $2,716,766; • Race to the Top Grant via Tennessee
Department of Education, $744,255;
15
• Improving Teacher Quality Grant Program from the U. S. Department
of Education, $988,228;
• Veterans Education via contract with the U. S. Department of
Veterans Affairs to serve as State Approving Authority with
authority to ensure institutions offering veterans benefits to its
students meet federal standards, $318,290.
If the commission does receive federal assistance, please answer
questions 19 through 26. If the commission does not receive federal
assistance, proceed directly to question 25.
19. Does your commission prepare a Title VI plan? If yes, please
provide a copy of the most recent plan.
The Commission does prepare a Title VI plan. The most recent plan
was filed with the Tennessee Human Rights Commission on September
30, 2011, a copy of which is included with this response as
Attachment C.
20. Does your commission have a Title VI coordinator? If yes,
please provide the Title VI
coordinator’s name and phone number and a brief description of
his/her duties. If not, provide the name and phone number of the
person responsible for dealing with Title VI issues.
The individual responsible for developing, reporting and enforcing
Title VI guidelines is Will Burns, Associate Executive Director for
Legal and Regulatory Affairs who reports directly to the Executive
Director. Mr. Burns can be contacted at (615) 741-7571 or via
e-mail at
[email protected]. As the Title VI coordinator, Mr. Burns
is charged with developing the Commission’s Title VI implementation
plan and plan updates and provides overall direction and leadership
to the Commission’s Title VI compliance activities, including
professional development. If a complaint is filed with the
Commission, Mr. Burns would thoroughly investigate the complaint
and make appropriate findings.
21. To which state or federal agency (if any) does your commission
report concerning Title VI?
Please describe the information your commission submits to the
state or federal government and/or provide a copy of the most
recent report submitted.
Pursuant to §§ 4-21-203 and 4-21-901, the Commission submits its
annual plan to the Human Rights Commission.
22. Describe your commission’s actions to ensure that commission
staff and clients/program
participants understand the requirements of Title VI. Title VI
training for the Commission staff was accomplished this year
through an on-line tutorial module through Edison. The module
provided an overview of Title VI to include its history, key
elements and principles regarding application of the law to the
work of the Commission. The training included a post-test in which
the staff responded to questions related to the on-line tutorial.
The training module was available on June 7, 2010, for each staff
member to take as time permitted. Through
16
Edison, it was verified that 100 percent of the Commission staff
completed the module as of June 28, 2010. Additionally, the
Commission’s Title VI Implementation Plan is an agenda item each
year at the November meeting of the Commission. At that time,
information similar to what was covered in the on- line tutorial
for staff is reviewed with the Commission, as well as highlights of
the most recent Title VI plan. Specifically, this review was
included at the November 18, 2010, meeting of the Commission and
will be included at the November 10, 2011, meeting. Please also
refer to pages 18 through 24 of the Commission’s Title VI plan for
detailed information regarding the actions of the Commission to
ensure Title VI compliance by grantees/participants/clients.
23. Describe your commission’s actions to ensure it is meeting
Title VI requirements. Specifically,
describe any commission monitoring or tracking activities related
to Title VI, and how frequently these activities occur.
The information outlined in pages 18 through 24 of the Commission’s
Title VI plan also address the information requested here.
24. Please describe the commission’s procedures for handling Title
VI complaints. Has your
commission received any Title VI-related complaints during the past
two years? If yes, please describe each complaint, how each
complaint was investigated, and how each complaint was resolved
(or, if not yet resolved, the complaint’s current status).
The Commission has not had any Title VI related complaints during
the past two years, or during any other period of time. Should such
a complaint be filed the Commission would follow the procedure
outlined on pages 15 through 17 of the Commission’s Title VI
plan.
25. Please provide a breakdown of current commission staff by
title, ethnicity, and gender.
Tennessee Higher Education Commission Staff September 28,
2011
LAST NAME FIRST NAME MI PERSON TITLE GENDER
ETHNIC GROUP
Rhoda Richard G THEC-EXECUTIVE DIRECTOR Male White Carter Lovella
EXECUTIVE SECRETARY 2-NE Female White Dunn Melinda J ADMIN SERVICES
ASSISTANT 3-NE Female White Gibson Jessica R THEC-HIGHER ED PROGRAM
ADMIN Female White Bellard Chase Stephanie A PSA ASSISTANT EX
DIRECTOR Female Black Stevenson Melissa F EXECUTIVE SECRETARY 3-NE
Female Black Wiley Eboni INVESTIGATIONS OFFICER Female Black
Coleman Christina A PSA DIRECTOR Female Black Warren Teresa L PSA
TCL EDUCATION SPECIALIST Female White Brice Erica M EDUCATIONAL
SPECIALIST 3 Female Black Mansfield Richard G GRADUATE ASSISTANT-NE
Male White Cunningham Ronald L THEC-INV OFF & LEAD AUDITOR Male
Black Crittenden James W PSA ASSISTANT DIRECTOR Male White
17
Cook Nicholas R THEC-REGULATORY AFFAIRS A DIR Male White Witter
Wayne A GRADUATE ASSISTANT-NE Male Black Kouadio Diby M
THEC-RESEARCH & STAT AN DIR Male Black Perrin Lynda L THEC -
INVESTIGATIONS OFFICER Female White Smith Tanisha C THEC-RESEARCH
ANALYST Female Black Qualls Carolyn G THEC-LEGAL & ADMIN
SPECIALIST Female Black Woodruff Julie M THEC-REG AFF&COMPLAINT
RES DIR Female White Cavender Jason P HE ADMIN & FISC SERVICES
DIR Male White Deaton Steven B THEC-FIS POL&ADM ASSOC EX DIR
Male White Dickson Wiley Corsina A THEC-ADMIN BUDGET ANALYST 3
Female Black Higley Otho W FISC AFFAIRS/ IT A EX DIRECTOR Male
White Strong Stephanie L FISCAL DIRECTOR 3 Female Black Douglas
Susan D ADMIN SERVICES ASSISTANT 3-NE Female Black Nolan Patsy A
ADMIN SERVICES ASSISTANT 4-NE Female White King Heather B THEC-INFO
TECH ASST DIRECTOR Female White Boelscher Scott FIS POL/FAC
ANALYSIS DIRECTOR Male White Tierney Sean FISCAL POLICY & FAC
ANA ADIR Male White Dandridge Johnson Betty POLICY PLNG & RES A
EX DIR Female Black Krause Michael T THEC-HIGHER ED PROGRAM ADMIN
Male White Doran Linda D AC AF ASSOCIATE EX DIRECTOR Female White
Burns James W L&R AFFAIRS ASSOC EX DIRECTOR Male White Padgett
Rosie THEC-ADMIN ASSISTANT 4 Female Black Wright David ASSOCIATE EX
DIRECTOR-PPR Male White Freeman Matthew P GRADUATE ASSISTANT-NE
Male White Gorbunov Alexander V LOTTERY SCH ANALYSIS RES DIR Male
White Sanford Thomas THEC-LOT SCHOL & STUDENT FA RD Male White
Brewer Christopher B THEC-PPR ASST EXD & INFO SY DR Male White
Bursik Patrik DATA MANAGEMENT SPECIALIST Male White Hawkins James R
THEC-STUDENT INFO SYS ASSOC DR Male White Grant James T THEC-CACG
DIRECTOR Male White Bolton Stephanie M REGIONAL COORDINATOR Female
White Craig Flora REGIONAL COORDINATOR Female Black Barker Matthew
C OUTREACH SPECIALIST Male White Kreinberg Leslie M GRADUATE
ASSISTANT-NE Female White Merry Leigh Ann RESEARCH & PLANNING
ANALYST Female White Cullum James D THEC-FISCAL MANAGER Male White
Gardner Deborah A VETERANS EDUC DIRECTOR Female White Morrison
Thomas R VETERANS EDUC A EX DIRECTOR Male White Cowherd Franklin C
EDUCATIONAL SPECIALIST 3 Male White Purvis Robert A EDUCATIONAL
SPECIALIST 3 Male White Hall John W THEC-HIGHER ED PROGRAM COOR
Male White Carter Emily C THEC-HIGHER ED PROGRAM ASST DR Female
White Miller Katrina M THEC-HIGHER ED PROGRAM ADMIN Female
Other
26. Please list all commission contracts, detailing each
contractor, the services provided, the
amount of the contract, and the ethnicity of the
contractor/business owner. A listing of the Commissions contracts,
both fee-for-service contracts and grant contracts, follows. The
ethnicity of the contracts is not included as none of the contracts
were issued to individuals or entities in which ethnicity could be
determined. Specifically, three of the five fee-for-services
contracts and all
18
grant contracts were issued to non-profit entities or higher
education institutions. The other two fee-for- services contracts
were awarded to corporations.
CONTRACTOR or GRANTEE NAME DESCRIPTION AMOUNT FUNDING
Fee-for-Services Contracts
Lottery/ Federal
2 Tennessee Business Roundtable
Contract to engage business community in master planning process
per CCTA TCA 49-7-202(c)(1)(A) $ 225,000.00 MOA Grant
3 Walker and Associates- Amendment 1
Contract for creation of a broad based public outreach campaign to
encourage college access $ 2,040,000.00 Federal
4 National Student Clearinghouse
Contract to provide Student Tracker services to the State and its
Public Higher education Institutions $ 75,000.00 MOA Grant
5 Vanderbilt University- TN CRED
Contract to evaluate effectiveness of the state’s reforms under
RTTT grant $ 3,180,000.00 Federal
Grants
8 SREB-Doctoral Scholars
Grant to support Tennessee doctoral students pursuing degree in
underrepresented fields of study $ 375,000.00 State
9 Oasis Center Grant to establish Tennessee College Access and
Success Network $ 86,500.00 Federal
10 University of Tennessee Chattanooga Replicate UTeach program $
1,714,707.00 Federal
11 University of Memphis Replicate UTeach program $ 1,730,416.00
Federal
12 Dyersburg State Community College
Grant to develop initiative to enhance success on adult students $
220,000.00
Lumina Grant
13 Middle Tennessee State University
Grant to develop initiative to enhance success on adult students $
220,000.00
Lumina Grant
Grant under Improving Teacher Quality Program $ 75,000.00
Federal
15 Lee University Grant under Improving Teacher Quality Program $
75,000.00 Federal
16 Lipscomb University Grant under Improving Teacher Quality
Program $ 75,000.00 Federal
17
18
19
19
20 University of Tennessee Chattanooga
Grant under Improving Teacher Quality Program $ 71,511.00
Federal
21 University of Tennessee Chattanooga
Grant under Improving Teacher Quality Program $ 74,988.00
Federal
22 University of Tennessee Chattanooga
Grant under Improving Teacher Quality Program $ 55,155.00
Federal
23 University of Tennessee Martin
Grant under Improving Teacher Quality Program $ 75,000.00
Federal
24 Oasis Center Grant to expand Tennessee College Access and
Success Network $ 750,000.00 Federal
25 Alliance for Business and Training
Grant for the development of statewide College Mentor Corps $
776,249.00 Federal
26 Ayers Foundation Grant for the development of statewide College
Mentor Corps $ 945,142.56 Federal
27 Knoxville Chamber of Commerce
Grant for the development of statewide College Mentor Corps $
904,080.00 Federal
28 Oasis Center Grant for the development of statewide College
Mentor Corps $ 1,527,661.03 Federal
29 Public Education Foundation
Grant for the development of statewide College Mentor Corps $
1,089,000.00 Federal
30 Southwest Tennessee Development District
Grant for the development of statewide College Mentor Corps $
1,540,100.54 Federal
31 SREB Regional Education Program
Grant to reserve student slots for Tennessee residents per TCA
49-7- 303, -303 & -404 $ 1,132,902.00 State
32 SREB Doctoral Scholars
Grant to support Tennessee doctoral students pursuing degree in
underrepresented fields of study $ 225,000.00 State
33 Meharry Medical College Family Practice
Grant to support family practice training in Tennessee per TCA
49-7- 402 $ 168,000.00 State
34
Meharry Medical College Preventive Medicine
Grant to support preventive medicine training in Tennessee per TCA
49-7- 402 $ 85,200.00 State
35
John A. Gupton College Mortuary Science
Grant to reserve student slots for Tennessee residents per TCA
49-7- 203(b)(3) $ 32,040.00 State
36
Vanderbilt University Bridge Nursing Program
Grant to reserve student slots for Tennessee residents per TCA
49-7- 203(b)(3) $ 18,000.00 State
37 Maryville College Sign Language Interpretation
Grant to reserve student slots for Tennessee residents per TCA
49-7- 203(b)(3) $ 10,300.00 State
38
Meharry Medical College Conditional Grant
Grant to reserve student slots for Tennessee residents per TCA
49-7- 203(b)(3) $ 134,530.00 State
39 University of Tennessee, Knxoville Diversity in Teaching Grant $
50,000.00 State
20
21
40 Austin Peay State University Diversity in Teaching Grant $
40,000.00 State
41 University of Tennessee Chattanooga Diversity in Teaching Grant
$ 47,892.00 State
42 Lee University Diversity in Teaching Grant $ 50,000.00
State
43
44 Lipscomb University Grant under Improving Teacher Quality
Program $ 113,027.00 Federal
45 East Tennessee State University
Grant under Improving Teacher Quality Program $ 176,650.00
Federal
46 East Tennessee State University
Grant under Improving Teacher Quality Program $ 164,834.00
Federal
47 Austin Peay State University
Grant under Improving Teacher Quality Program $ 138,202.12
Federal
48 Middle Tennessee State University
Grant under Improving Teacher Quality Program $ 200,000.00
Federal
49
50
51
52 University of Tennessee Chattanooga
Grant under Improving Teacher Quality Program $ 199,905.00
Federal
53 University of Tennessee Chattanooga
Grant under Improving Teacher Quality Program $ 200,000.00
Federal
54 Oasis Center
Grant to support workshop to educate college access and success
professionals $ 10,000.00
Lumina Grant
55 Oasis Center
Grant for development of website for the Tennessee College Access
and Success Network $ 18,482.00
Lumina Grant
56 Tennessee Business Roundtable
Grant for conference to aid education institutions' efforts to meet
increased educational attainment levels $ 100,000.00 Gates
Grant
57 Austin Peay State University
Grant to lead expansion of the Adaptive Advising Tool for use by
all Tennessee higher education institutions $ 449,214.00 Gates
Grant
Attachment A
Programs Administered by the Tennessee Higher Education
Commission
The Tennessee Higher Education Commission was created in 1967 for
the purpose of achieving cooperation and unity in higher education.
The coordination function grew out of a nationwide trend by
governors and legislators to promote planned growth, equitable
funding, and accountability among the state’s colleges and
universities. Since that time the Commission has created funding
formulae, funding initiatives based on performance, legislative
benchmarks, master plans, and criteria for new academic programs.
The Commission believes strongly in working in a collaborative
effort with the two public governing boards, and the independent
sector to communicate clearly and frequently with various and
diverse constituency groups. The Commission currently:
• recommends a budget for a statewide system that is a billion
dollar enterprise,
• is engaged in master planning with a central focus on
increasing
educational attainment, focusing institutional missions and
expanding the use of technology, and
• answers questions regarding accountability measures on a daily
basis.
The Commission is committed to the principles of equity,
excellence, accessibility, and accountability and strives to
coordinate all of Tennessee higher education according to those
principles.
ENABLING LEGISLATION 1. Study the use of public funds for higher
education in Tennessee and
analyze programs and needs in the field of higher education. T.C.A.
§ 49-7-202(a)
2. Undertake such specific duties as may be directed by resolution
of the
general assembly or as may be requested by the Governor. T.C.A. §
49- 7-202(b)
3. Develop a master plan for the future development of public
higher
education in Tennessee, and make recommendations regarding the
implementation of the plan. The focus of the master plan shall
include consideration of the state’s economic development, work
force development and research needs. It will also require
attention to increased degree production and consider the missions
of the institutions as part of the process. T.C.A. §
49-7-202(c)(1)
4. Approve the mission of each institution after consultation with
the
respective governing board. The Commission shall consider the make
up
1
Attachment A
of the student population at each institution as well as other
unique features of the institutions. T.C.A. § 49-7-202(c)(2)
5. Develop policies and formulae or guidelines for the fair and
equitable
distribution and use of public funds among the state’s institutions
of higher learning, to include provisions for capital outlay and
institutional operating expenditures.
Consistent with the direction of the master planning, the funding
formula shall be outcomes-based. Elements such as “end of semester
enrollment for each semester, student retention, timely progress
toward degree completion” shall be included, as well as unique
factors of the community colleges. Additionally, such things as
“student transfer activity, research and student success” may be
included. Additionally the formula or guidelines shall provide for
the consideration of the impact of tuition, maintenance fees and
other charges assessed by each institution and in consideration of
these factors, the Commission shall make recommendations to the
governing boards on adjustments to tuition and maintenance fees.
T.C.A. § 49-7-202(c)(3)-(4)
6. Study the need for particular programs, departments,
academic
divisions, branch operations, extension services, adult education
activities, public service activities and work programs of the
various institutions of higher learning, with a particular view to
their cost and relevance and to make recommendations for the
governing boards for the purpose of minimizing duplication and
overlapping of functions and services and to foster cooperative
programs among the institutions. T.C.A. § 49-7-202(c)(5)
7. Review and approve or disapprove all proposals for new degrees
or degree
programs, or for the establishment of new academic departments or
divisions within the various institutions. T.C.A. §
49-7-202(c)(6)
8. Conduct a program of public information concerning higher
education in
Tennessee. T.C.A. § 49-7-202(c)(7) 9. Study and make determination
concerning the establishment of new
institutions of higher learning as to the desirability or
understandability of their establishment, their location,
standards, functions, financing and source of governance. T.C.A. §
49-7-202(c)(8)
10. Submit a biennial report to the governor and the general
assembly commenting upon major developments, trends, new policies,
budgets and financial considerations which would be useful to the
governor and the general assembly in planning for the sound and
adequate development of the state’s program of public higher
education. T.C.A. § 49-7-202(c)(9)
2
Attachment A
11. Review and approve or disapprove all proposals by an existing
higher education institution to establish a physical presence at
any location other than its main campus, or to expand an existing
location, which will be utilized for administrative purposes or to
offer courses for which academic credit is offered. Report to the
chairs of the fiscal review and education committees by February 15
on the applications filed in the previous year and the status of
the application. T.C.A. § 49-7-202 (c)(10)
12. Develop a university tract program consisting of sixty (60)
hours that will
allow a student to transfer from a community college as a junior.
The sixty (60) hours is to consist of forty-one (41) general
education instruction and nineteen (19) hours of pre-major
instruction. Additionally, to ensure that the transition from a
community college to a university as seamless as possible the
Commission shall develop a common course numbering system at the
community colleges and direct that any list of course offerings by
a community college will be listed in a way that clearly identifies
courses that will not transfer to a university. Beginning with the
fall 2010 semester the Commission will report on progress being
made to the chairs of the Education and Finance, Ways and Means
Committees of both the House and Senate prior to each semester
until Fall 2011 implementation. The Commission shall have ongoing
responsibility to update and revise the requirements as necessary
and report to the various committees on action taken each year.
T.C.A. § 49-7-202(d)-(f)
13. Determine and post on the Commission’s website information
concerning
career opportunities for the various fields of study leading to a
baccalaureate degree at all institutions of higher education within
the University of Tennessee and the Tennessee Board of Regents
systems. Such information shall include, but not be limited to
potential job market in Tennessee, the median income or an income
range for the jobs and whether an advanced degree is required to
obtain a position within a particular discipline. T.C.A. §
49-7-202(h)
14. By February 1, transmit jointly with the State Board of
Education an
Annual Joint Report on Pre-Kindergarten through Higher Education in
Tennessee. The Annual Joint Report outlines progress toward P-16
performance goals. T.C.A. § 49-1-302(a)(10))
15. By February 15, transmit the Annual Master Plan Progress
Report, which marks annual progress toward the five-year goals
outlined in the Master Plan for Tennessee Higher Education. T.C.A.
§ 49-5-2054 (c)(2))
16. By February 15, transmit the Statutory Data Report, which
provides a
variety of data points on public universities, community colleges,
and technology centers including accredited programs, admissions
data, job placement rates, and licensure exam scores. T.C.A. §
49-7-210
3
Attachment A
Additional Legislative Imposed Responsibilities Academic Common
Market The Academic Common Market was created in 1974 as a means of
sharing specialized academic programs among Southern Regional
Education Board states. Over 1,800 programs at the baccalaureate
and higher degree levels at over 151 colleges and universities
currently participate in the Market. The Academic Common Market is
administered by the Southern Regional Education Board with the
cooperation of 14 of the 15 SREB states. The Market allows
residents of participating states to have a broader range of
educational opportunities at in-state tuition rates. The Market has
a three-fold purpose: (1) eliminating unnecessary duplication among
states, in that it is impractical for any institution or single
state to develop or maintain degree programs in every field of
knowledge; (2) support existing degree programs that have the
capacity to serve additional students; and (3) provide access and
encourage movement across state lines for programs not available in
a student’s home state. T.C.A. § 49-7-301 Combat Sports Grant In
2008 the Legislature created the Tennessee Athletic Commission to
regulate mixed martial arts and other “professional unarmed combat”
sports including licensing of individuals involved in any aspect of
the sport including combatants, managers, promoters and ringside
physicians. The law directs that beginning with FY 2010-2011 a
portion of the funds generated through regulation of this industry
shall be set aside to fund a grant program that will develop and
maintain NCAA Division I combat sports programs in the state’s
postsecondary educational institutions. The Commission is charged
with developing the grant in collaboration with athletic directors
of each postsecondary educational institution in the state with an
NCAA Division I sanctioned combat sports program. T.C.A. §
68-115-107 Community Service Awards The Community Service Awards
were created in 1991 to reward faculty and students in higher
education who provide a public service to the community. Those
honored by an award have distinguished themselves in the many
dimensions of community service and leadership roles in community
organizations. They serve as ambassadors for community service
among public and independent institutions of higher education.
T.C.A. §§ 49-7-208 and -209 Consortium of Historically Black
Colleges and Universities The Commission is authorized to provide
assistance to a consortium of Tennessee historically black colleges
and universities in their efforts to impact the economic
development of the state by strategically partnering with the State
and private industry. The Commission is to facilitate strategy
development and coordinate the implementation of the partnership
between the Consortium and other parties. The program has not yet
been funded. T.C.A. §§ 49-7-2901 et seq.
4
Attachment A
Contract Education Program The Contract Education Program provides
Tennessee residents with the opportunity to pursue academic
programs where access is limited due to the size and/or location of
the programs or where the programs are not offered in a public
college or university. Providing access to these special needs
areas in this manner is more economical than initiating or
expanding comparable programs in public institutions. In addition
to reserving positions for Tennessee residents in these special
needs areas, the contract education program also provides some form
of financial assistance to the students. Additionally, in an effort
to meet a shortage of physicians in family medicine and preventive
medicine, the contract education program partially funds medical
residency positions at Meharry Medical College, regardless of their
state of residence. Some additional programs currently being
contracted are Mortuary Science, Sign Language Interpretation,
Optometry and graduate level nursing programs. T.C.A. §§
49-7-203(b), 49-7-301 et seq., 47-7-401, -402 and -404 Education
Lottery Scholarship Program The Commission has been charged with
the responsibility to collect and analyze data related to students
receiving lottery scholarships to provide the General Assembly with
information related to student success and scholarship retention.
The Commission is to make an annual report to the General Assembly
on its findings by the second Tuesday in January. T.C.A. § 49-4-903
Legislative Benchmarks – Challenge 2010 The legislative benchmarks
were created in 1984 as an accountability measure to be developed
and reported by the Commission. The benchmarks were revised in 1989
to mirror goals established by the Southern Regional Education
Board for its 15 member states and became known as Challenge 2000.
With the passing of the year 2000, the Commission established
Challenge 2010 The Annual Progress Report, which marks progress on
the 2005-2010 Master Plan. Preparation of the annual benchmark
report requires access to statewide data from both public and
independent institutions. The Commission developed and maintains
the statewide data to support this accountability measure. Through
this and other assessment activities (e.g. performance funding),
Tennessee continues to lead the way in developing usable
accountability measures of higher education outcomes. The
Commission is currently updating these goals. T.C.A. § 49-5-5024
Medical School Authorities Act of 2010 The Medical School
Authorization Act of 2010 authorizes certain municipalities to
establish a medical school authority to aid in the establishment
and operation of a medical or dental school. The Commission shall
review and approve for public funding any proposed project of a
medical school authority where state or municipal bonds will be
issued, or if state funding in otherwise included in the project.
Additionally, a medical school authority can not approve a project,
regardless of funding source, until the Commission finds there is a
need for the project and that it is consistent with the state’s
higher education master plan, and if debt is to be issued, the
ability of the authority
5
Attachment A
and medical education program to repay the incurred debt. T.C.A. §
7-90-122 and -123 Postsecondary Education Authorization Program The
Postsecondary Education Authorization Act of 1974 was established
to protect the education and welfare of the citizens of the State
of Tennessee. The Tennessee Higher Education Commission has been
designated as the agency to authorize the operation of institutions
in Tennessee, which are included under this Act. The Commission
establishes minimum standards concerning quality of education,
ethical and business practices, health, safety, and fiscal
responsibility, and protects the Tennessee consumer against
fraudulent institutions and practices. It also authorizes the
granting of degrees, diplomas, or other educational credentials by
postsecondary institutions; prohibits the granting of false
educational credentials; regulates the use of terminology in naming
institutions; and prohibits misleading literature, advertising,
solicitation, or representations by institutions. T.C.A. §
49-7-2001 et seq. Teacher Diversity Program A competitive matching
grant program was established in 1989 to support pilot projects
designed to expand the recruitment pool of minorities preparing to
be teachers. Since the resolution of the state higher education
desegregation lawsuit, the focus of the program has become one
where an examination of a student’s commitment to diversity in
instruction will be of primary import in determining eligibility.
The program will continue to be a joint effort between higher
education institutions and local school districts, these projects
target groups including teacher aides, substitute teachers, high
school students, community college students, non-degreed community
residents, military personnel, and college graduates presently not
teaching who are interested in entering the teaching profession.
Project initiatives must include matching state-appropriated funds
with local funds on a one-to-one basis and the establishment of an
evaluation model. This program is authorized through funding in the
appropriations bill and the two year awards are contingent on such
funding. Tuition Discount and Fee Waiver Programs The dependent
children age 24 years and under of all full-time state employees
(who have been employed for more than six months) or retired state
employees may receive a 25 percent maintenance fee discount on
undergraduate tuition at any public college or university. The
discount is also available for the child of a former State employee
who died while employed by the State, whether or not the death was
job-related or in the line of duty. The same 25 percent discount
also applies for the dependent children of current full-time public
school teachers in Tennessee, as well as the dependent children of
former public school teachers who die while their child is
receiving the benefit as long as all other eligibility requirements
are met. Full-time state employees and members of the General
Assembly are allowed to take one course per term at any public
college, university, technology center or the Tennessee Foreign
Language Institute at no charge. When these discounts were
authorized by the General Assembly, the Tennessee Higher
Education
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Attachment A
Commission was charged with formulating the rules and regulations
to implement the waiver. T.C.A. §§ 8-50-114, 8-50-115,
49-7-119
FEDERAL PROGRAMS
College Access Challenge Grant (CACG) The U.S. Department of
Education awarded Tennessee a two year College Access Challenge
Grant in 2008; Tennessee’s grant award amount totaled $1,453,709
each year of the grant. Tennessee’s CACG is coordinated and
administered by the Tennessee Higher Education. By design,
Tennessee’s CACG compliments and significantly enhances the depth
and breadth of statewide college access and success programs,
awareness, and partnerships. The CACG includes five programmatic
components including sub-grants to non-profit organizations, two
Outreach Specialist positions in the Tennessee Student Assistance
Corporation (TSAC), professional development, enhanced public
awareness and outreach campaign, and a collaborative college access
course for pre- and in-service counselors. The five core components
of Tennessee’s CACG expand college access and success initiatives
to reach many underserved, low-income, populations in every corner
of the state. The sub-grants directly serve 847 students and nine
communities in east, middle and west Tennessee; the TSAC Outreach
Specialists help to expand total outreach activities by 188
percent; professional development initiatives included over 690
middle and high school counselors; the public outreach campaign
introduced new brochures to students, parents and guardians, and
plans to touch every middle and high school counselor in the state;
and, finally, the collaborative online counselor course will fill a
knowledge and instruction gap in counselor degree and professional
development programs Gaining Early Awareness & Readiness for
Undergraduate Programs (GEAR UP) In April 2005, the Tennessee
Higher Education Commission applied for a federal Gaining Early
Awareness & Readiness for Undergraduate Programs grant. In
September 2005, THEC was awarded a $3.5 million federal
discretionary grant by the U.S. Department of Education, known as
Gaining Early Awareness & Readiness for Undergraduate Programs
(GEAR UP). GEAR UP provides resources to assist state efforts to
increase the number of low- income students who are prepared to
enter and succeed in postsecondary education. Partnering together
in the development and implementation of GEAR UP Tennessee (GEAR UP
TN) are the Tennessee Higher Education Commission, Tennessee
Department of Education, Tennessee Board of Regents, University of
Tennessee System, along with other consultants and local/regional
partnerships. GEAR UP TN will serve an estimated 6,000 students per
year in 9 counties and 47 schools. The project is designed to
promote student achievement, enhance awareness and expand access to
post-secondary education statewide, especially in those areas of
the state that are traditionally underserved. During the
grant
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Attachment A
period from 2005 to 2011, GEAR UP TN will provide participating
counties with resources to serve the high school Class of 2011 from
their 8th grade year through the completion of high school.
Concurrently, GEAR UP funds will be used to promote college access
initiatives and incentives to 11th and 12th grade students in the
partnering counties. Any student graduating from a participating
high school with a regular or special education diploma will be
eligible for a GEAR UP TN Bridge Award of no less than $750 to be
utilized at any public or private institution in Tennessee
participating in the Tennessee Lottery Scholarship Program. Through
the creation of early intervention programs, enhanced academic
assessments, and a broad-based outreach campaign articulating the
importance of postsecondary access, GEAR UP TN aims to achieve the
following goals:
• Increase educational expectations of GEAR UP students and their
families through an expanded knowledge of postsecondary access and
financial aid opportunities.
• Enhance the academic preparation of GEAR UP students to improve
high school graduation rates and postsecondary enrollment,
retention, and completion.
• Provide effective professional development for classroom teachers
and school staff to ensure increased academic rigor and
postsecondary preparation.
• Encourage family and community involvement through GEAR UP to
foster an environment that supports life-long learning.
GEAR UP TN will directly serve students in Campbell, Cocke, Grundy,
Hardeman, Johnson, Lake, Meigs, Union and Wayne counties. Improving
Teacher Quality Grant Program This federal program operates as
Title II Part A of No Child Left Behind. It was established to
provide grants to colleges and universities in order to provide
professional development for K-12 teachers, paraprofessionals and
principals. The chosen areas of study are: mathematics, science,
social studies, English/language arts, foreign languages and
related arts. One of the missions of the Commission is to study the
need for particular programs, departments, academic divisions,
branch operations, extension services, adult education activities,
public service activities and work programs of the various
institutions of higher learning. One of the goals established was
to develop a collaborative planning partnership between higher
education and K-12 education for teacher preparation and continuing
professional development. This program helps stimulate the linkages
between higher education faculty and K-12 faculty for the
preparation of teachers to use curriculum and instructional
processes which promote active learning, problem solving,
interdisciplinary learning, and content application. Race to the
Top With Tennessee’s successful Race to the Top bid, higher
education will have a significant role in achieving the overall
goals of the federal school reform grant. THEC and institutions of
higher education are instrumental in ensuring the
8
9
success of Race to the Top in the state. The THEC Executive
Director serves on the First to the Top Advisory Council which
oversees implementation. THEC staff also serve on various First to
the Top working teams such as Project Management Oversight
Committee, STEM leadership team, and the First to the Top Oversight
Team. Not only will higher education be involved in shaping the
education reforms being enacted but will also be directly
responsible as programmatic and fiscal manager for numerous
programs. Individual institutions will have opportunities to apply
for funding for projects that will address the provisions of the
federal award. Tennessee’s Race to the Top framework names THEC as
directing and managing several projects with a total fiscal impact
of over $20 million. Veterans Education Program In 1983 the
Tennessee Higher Education Commission was assigned to be the State
Approving Agency for determining training programs in the state in
which eligible veterans may enroll and receive veteran’s education
benefits, more commonly known as the GI Bill. The Commission works
in partnership with the U.S. Department of Veterans Affairs,
following both state and federal legislation and regulations in
administering the approval program. Many of the institutions and
programs that are reviewed for authorization are also reviewed by
Commission staff members for veteran’s education approval purposes.
September 6, 2011
Attachment B
Section Title: Legal and Regulatory Policies Policy Title: Code of
Ethics for Commission Members Policy Number: LR5.0
5.0.10 1. The Tennessee Higher Education Commission is charged by
statute to achieve coordination and unity in public higher
education in Tennessee. To ensure the effectiveness of the
Commission, its members must adhere to the strictest of ethical
standards. The purpose of this policy is to outline those general
principles.
5.0.11 1. Commission members must carefully prepare for, regularly
attend, and actively participate in board meetings and special
assignments.
2. The business of the Commission shall be conducted only in public
meetings and properly publicized in accordance with Title 8,
Chapter 44, Part 1 on Tennessee Code Annotated, as it is amended
from time to time.
3. Commission members must accept and abide by the legal and fiscal
responsibilities of the Commission as specified by statute, state
rules and regulations and the Commission’s policies.
4. Commission members are expected to perform their duties
faithfully and efficiently and never to give rise to suspicion of
improper conflict of interest. Additionally, Commission members
should not use the position as Commission member for personal
benefit or gain and shall promptly and honestly file all conflict
of interest statements as required by state law and/or Commission
policy.
5. Commission members shall not accept any favor or gratuity from
any firm, person, or corporation which is engaged in, or attempting
to engage in, business transactions with the Commission or any
institution that is coordinated or regulated by the Commission
which might affect or be suspected of affecting a Commission
member’s judgment in the impartial performance of his/her
duties.
6. Commission members shall not grant or make available to any
person any consideration, treatment, information or favor beyond
that which is general practice to grant or make available to the
public at large.
7. Commission members shall base all decisions on all available
facts in each situation and vote his/her honest conviction in every
case, not to be swayed by partisan bias of any kind and abide by
and support the final decision of the Commission.
8. Commission members shall have no legal authority outside
the
1
Attachment B
meetings of the Commission and shall conduct all relationships with
governing boards, public and private institutions, media and other
interested entities and persons on the basis of that fact.
Commission members shall avoid acting as a spokesperson for the
entire Commission unless specifically authorized to do so.
Approved: July 13, 2003
Attachment B
Section Title: Legal and Regulatory Policies Policy Title: Conflict
of Interest Disclosure Policy for Commission
Members Policy Number: LR5.1 5.1.10 1. It shall be inappropriate
for a Commission member to have a direct
interest in any contract the Commission has entered into for goods
or services as a result of a bid process or any other business
transaction with the Commission.
2. A Commission member shall disclose any of the following
interests: (a) Any indirect interest in any contract or other
business
transaction with the Commission; (b) Any interest in any contract
or other business transaction with
any higher education institution which is coordinated by,
contracted by, contracted with, or authorized by the Commission;
and
(c) Any indirect interest created by a relative who has (to the
extent the Commission member is aware) any contract or business
transaction with the Commission or with any higher education
institution which is coordinated by, contracted by, contracted
with, or authorized by the Commission.
3. “Direct interest” means any contract to provide goods or
services to
the Commission as a result of a bid process or any other business
transaction with a: (a) the Commission member; (b) a relative of
the Commission member; or (c) a business in which the Commission
member or the Commission
member’s relative is: (i) the sole proprietor; (ii) a partner; or
(iii) the person having the controlling ownership or control
of
the largest numbers of outstanding shares owned by any single
individual or corporation.
4. “Indirect interest” means any contract in which the
Commission
member is interested but not directly so, but includes contracts
where the Commission member is directly interested but is the sole
supplier of goods or services.
5. “Relative” includes spouse, parents, siblings, or
children.
6. In the event a member of the Commission has an indirect interest
in a matter to be voted upon, a Commission member may abstain
for
3
Attachment B
cause by announcing such to the Chair of the Commission. Any
Commission member who abstains from voting for cause on any issue
coming to a vote before the Commission shall not be counted for the
purpose of determining a majority vote. This provision shall not be
construed to prohibit any Commission member from voting on the
higher education funding recommendation, or amendments thereto,
unless the vote is on a specific amendment to the funding
recommendation in which such person has a direct interest.
7. The basic underlying principle in conflict of interest is that
Commission members should disclose any activity, investment, or
interest that might reflect unfavorably upon the Commission, using
the disclosure form. Because of the sensitive nature of the
Commission’s relationship with all of the postsecondary
institutions, as well as the General Assembly, it is important that
members resolve questions of conflict of interest by disclosure.
Any activity which might constitute, or be perceived to constitute,
a prohibited conflict should be fully reported. Full disclosure of
any situation in doubt should be made.
8. The conflict of interest form must be filed within thirty (30)
days after the Commission’s regular Spring meeting, but in no case
shall it be filed later than June 1. In the case of a member
appointed to the Commission after the Spring meeting, the newly
appointed member shall file a conflict of interest statement no
later than thirty (30) days after the first Commission meeting
following his/her appointment.
9. A Commission member shall amend his/her disclosure because of
termination or acquisition of interests of which disclosure is
required.
Approved January 31, 1992 Revised: April 15, 2004
4
TENNESSEE HIGHER EDUCATION COMMISSION 1900 Parkway Towers, 404
James Robertson Parkway
Nashville, TN 37243-0830 (615) 741-3605
TENNESSEE HIGHER EDUCATION COMMISSION
DISCLOSURE STATEMENT FOR INDIRECT INTERESTS OF COMMISSION
MEMBERS
I, the undersigned member of the Tennessee Higher Education
Commission, in order to assure that any appearance of conflict of
interest is avoided, and in order to assure that any indirect
interests are publicly acknowledged, hereby make the following
statements and assurances:
1. I am related to the following employees of the Tennessee Higher
Education Commission or any official of any corporation,
partnership, sole proprietorship, association, institution of
higher education or other entities which do business with, are
licensed by, or are otherwise involved with the Tennessee Higher
Education Commission:
2. I am employed or professionally affiliated with the following
corporation,
partnerships, sole proprietorships, associations, institutions of
higher education or any other entities which are licensed by the
Tennessee Higher Education Commission:
3. I have an ownership interest in or serve on the Board of the
following
corporations, partnerships, sole proprietorships, associations,
institutions of higher education or other entities which, to my
knowledge, do business with postsecondary institutions coordinated
or licensed by the Tennessee Higher Education Commission:
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Attachment B
4. In my household and among my dependents, to my knowledge,
the
following individuals have an ownership interest as stated in
Number 3 above:
5. I am