Malcolm Rivera
The constitution and bylaws are integral to the governance of higher education institutions, outlining the rights and responsibilities of various stakeholders. While the constitution establishes foundational principles, bylaws provide detailed rules and procedures governing the functioning of different bodies within the organizational structure. In the context of higher education, the constitution defines the right to education, influencing legislative decisions and shaping educational opportunities. Bylaws, on the other hand, regulate the operations of governing bodies, committees, and academic councils, determining their powers, membership, and decision-making processes. Understanding the constitution and bylaws is crucial for ensuring equitable access, resource distribution, and overall quality in higher education.
| Characteristics | Values |
|---|---|
| University bylaws define the powers and authority of the Board and its committees | The Executive Committee exercises all powers and authority of the Board, except for electing or removing Trustees, Officers, or committee members |
| University bylaws outline the rules of procedure for governance | The Senate adopts rules of procedure for governance, consistent with the Charter and Bylaws |
| University bylaws specify the composition and functions of various committees | The Deans Council includes the President, Chancellor, Provost, vice presidents, and deans of various schools and campuses |
| University bylaws establish the voting process and quorum requirements for meetings | A majority of voting Trustees are needed for a quorum, and a majority vote is required for decision-making |
| University bylaws define the roles and responsibilities of officers | The Board's officers include a Chair, Vice Chairs, and Executive Vice Chairs |
| Bylaws of educational organizations govern the transition of students from secondary school to higher education | The College Board facilitates the transition to higher learning and coordinates activities related to student evaluation, admission, and guidance |
| Bylaws outline the conditions for membership and its termination | Membership in the College Board can be terminated by resignation or automatically if eligibility ceases |
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What You'll Learn
The role of the US Department of Education
The US Department of Education was established in 1979 as a Cabinet-level agency. It is administered by the United States Secretary of Education and has over 4,000 employees. The Department's mission is twofold: to play a leadership role in the national conversation on improving educational outcomes for all students, and to pursue its twin goals of access and excellence through the administration of programs that cover every area of education, from preschool to postdoctoral research.
The Department's role in higher education specifically includes enforcing laws and policies that govern postsecondary institutions, such as the Higher Education Act of 1965, and educational policies set forth by Congress. This includes ensuring equal access to higher education opportunities and maintaining quality standards through accreditation. The Department also provides financial assistance and other resources for students and institutions of higher learning, including grants, loans, and work-study assistance to millions of postsecondary students.
The Department's budget has fluctuated over the years, with President Reagan significantly reducing it during his presidency. However, the Department's budget was increased to $268 billion in 2024, allowing it to provide billions of dollars in COVID-19 grants to schools and students during the pandemic. The Department has also been involved in investigating universities for alleged violations of civil rights laws and racial preferences in admissions.
Despite attempts by some political figures to reduce its role or eliminate it entirely, the Department of Education continues to play a crucial role in promoting student achievement and ensuring equal access to quality education at all levels, including higher education.
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State constitutional amendments
The differences between the U.S. Constitution and state governance realities have led to misconceptions about the possibilities in American politics, especially in higher education. State constitutional amendments offer a mechanism to address these discrepancies. For instance, despite the Supreme Court's rejection of a federal right to K–12 education in San Antonio Independent School District v. Rodriguez (1973), subsequent state-level lawsuits established this right in all 50 states. This underscores the stronger and more explicit education-related language in state constitutions compared to the federal level.
State constitutions should be amended to reflect the evolving importance of higher education, mirroring the significance accorded to K–12 schooling. Primary and secondary education benefit from a robust legal precedent and active constitutional debates around equitable and adequate resourcing. Every state is responsible for providing a system of schools and ensuring those schools meet student needs. This includes equitable distribution of resources based on community needs and sufficient funding to guarantee a quality education.
Higher education, with its limited constitutional language, has relied heavily on lobbying to drive change. Consequently, resources have tended to concentrate in the hands of those with financial means and prestige, rather than being distributed based on merit or student needs. Amendments to state constitutions can address this imbalance, ensuring that higher education becomes more accessible and affordable for all.
A notable example of a state constitutional amendment in higher education governance is Nevada's Question 1 proposal. This amendment seeks to modify the Nevada Constitution, empowering the state legislature to exert greater oversight and authority over the board of regents. If enacted, it would enable the legislature to audit higher education budgets, reform governance, and restructure the board to align with the state's workforce and economic goals. This amendment underscores the potential for state constitutional amendments to drive significant changes in higher education, ultimately improving accessibility, affordability, and quality for students.
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The rights of students
Students in higher education have a variety of rights, some of which are enshrined in law and others that are established by institutional policies. Here is a detailed overview of the rights of students:
Right to Information:
Students have the right to access information related to their education. This includes the availability of information related to educational objectives, teacher and course evaluations, and the justification for tuition and other fees. They are also entitled to know the full cost of attendance, including tuition, fees, room, board, books, and other expenses.
Right to Privacy:
The Family Educational Rights and Privacy Act (FERPA) protects student information and records. Students have the right to access their records, dispute record-keeping, and control the release of documents to third parties. They also have the right to privacy in their residence halls, and evidence found without a warrant cannot be used in court.
Right to Free Speech and Association:
Students have the right to express their opinions and engage in peaceful demonstrations. This includes symbolic speech, such as wearing clothing with a message. However, institutions may restrict speech that substantially disrupts the campus environment or violates reasonable campus rules.
Right to Due Process and Equality:
Students are entitled to fair and equal treatment. This includes equal housing policies and equality in athletics. Students also have the right to participate in the evaluation of teachers and courses and have a say in university governance.
Right to Education Materials and Resources:
Students should be provided with the educational materials and resources needed for their studies. This includes access to transportation, meals, and medical coverage while attending the institution.
Right to Continuous Enrollment:
Students have the right to a continuous contract during their period of enrollment, without unexpected changes in degree requirements.
Right to Retain Intellectual Property:
Students have the right to retain property and copyright for their research, artistic creations, and innovations unless other contracts are in place.
Right to Financial Aid Information:
Institutions are required to disclose financial aid information, including loan options and the average financial aid awarded.
Right to Grievance Procedures:
Students should have access to reporting, hearing, and appeals processes for grievances.
Right to Unionize and Lobby:
Students have the right to form unions and lobby for legislative change to expand their rights and improve their treatment by educational institutions.
It is important to note that some rights may vary depending on the country, state, and type of institution (public or private). Students are advised to refer to their specific institution's policies and the relevant laws in their jurisdiction.
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The role of the Board of Trustees
The Board of Trustees may also be called the board of directors, regents, governors, visitors, fellows, supervisors, or overseers. The names and structures of these governing bodies can vary depending on the type of institution, such as independent colleges or universities, nonprofit institutions, or public institutions. The size of the board can also vary, ranging from a few individuals to over 50 members. Trustees are typically appointed or elected for set terms, which may be renewable.
In recent years, college and university boards have faced scrutiny over issues such as the high cost of tuition, poor educational quality, affordability, and the poor job outlook for graduates. This has led to concerns about the leadership of these institutions and the need for boards to transition to more active roles in oversight and planning, while leaving daily management to the college president or CEO.
To ensure the effective functioning of the board, it is important for trustees to listen to the student body and various stakeholder groups, including faculty, staff, and students. They should also be well-informed about the school and its community, making decisions in the best interest of the institution while remaining independent and unbiased.
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The role of the Executive Committee
The Executive Committee plays a crucial role in the governance and decision-making processes of a university or higher education institution. The committee is typically granted significant powers and authority, often mirroring those of the Board of Trustees. This empowers the committee to act on behalf of the Board and make important decisions that shape the direction of the institution.
One of the key responsibilities of the Executive Committee is to oversee the academic affairs of the university. This includes reviewing and evaluating existing academic programs, as well as proposing and developing new ones. The committee works closely with the academic departments and faculties to ensure the quality and relevance of the academic offerings. They may also make recommendations to the Board regarding academic policies, curriculum changes, and resource allocation to support the academic mission of the institution.
In addition to academic affairs, the Executive Committee is often involved in the financial and administrative aspects of the university. They may be tasked with reviewing and approving budgets, managing financial resources, and overseeing the institution's operational efficiency. The committee ensures that the university's financial practices align with its strategic goals and that resources are allocated effectively to support the overall mission.
While the Executive Committee wields substantial authority, there are typically some actions that fall outside its scope. For example, the committee generally cannot elect or remove Trustees, Officers, or committee members, fill vacancies, or amend the Bylaws or Charter. These powers are usually reserved for the Board of Trustees or the full governing body. However, the Executive Committee may make recommendations and propose actions to the Board for their consideration and approval.
The Executive Committee typically consists of high-ranking members of the university, such as the President, Chancellor, Provost, and other vice presidents or deans. The committee meets regularly, often at least twice a year, to discuss important matters and make decisions that align with the institution's strategic vision. The frequency of meetings may increase as needed, depending on the demands and priorities of the university.
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Frequently asked questions
The Constitution plays a crucial role in ensuring that all students have equal access to quality higher education opportunities. It also guarantees a child's right to education, which has had a profound effect on legislative decision-making and resource allocation in education.
Bylaws are a set of rules and procedures that govern the functioning of educational institutions and organisations. They outline the roles and responsibilities of various committees, officers, and trustees, and guide decision-making processes. For example, bylaws may establish the quorum required for meetings and the voting procedures for trustee appointments.
State constitutions play a significant role in shaping higher education policies and funding. They can provide stronger language and guarantees for education than federal constitutions, influencing legislative decisions and ensuring more accessible and affordable higher education options.
In the United States, the Department of Education enforces laws such as the Higher Education Act of 1965 and the Higher Education Opportunity Act of 2008. These laws aim to ensure equal access to opportunities in higher education and provide financial assistance to students and institutions.
