News, Views and Careers for All of Higher Education
June 5
A year after Education Secretary Margaret Spellings abandoned plans to propose new federal rules governing higher education accreditation, under heavy pressure from members of Congress, the Education Department is reportedly contemplating issuing such regulations when legislation to renew the Higher Education Act becomes law. That possibility is being met with astonishment by college leaders and many on Capitol Hill, who describe it as both practically difficult and politically foolhardy.
Last spring, in the face of strong opposition by several key U.S. senators, who (cheered by college leaders) argued that the department was overstepping its bounds, Spellings grudgingly agreed not to publish regulations to toughen the government’s oversight of the activities of accrediting agencies, the product of contested negotiations among accreditors, college administrators and U.S. officials. In a June 2007 letter to Sen. Lamar Alexander, who had warned the department not to release new regulations until after Congress finished its work on legislation to renew the Higher Education Act, Spellings said she would not publish such rules “at this time as we work to finalize statutory language around accreditation issues.”
Congress went on, in a measure allocating funds for the Education Department for 2008, to include a provision that specifically barred the department from promulgating rules on accreditation.
Ever since, Spellings and her top aides, including Sara Martinez Tucker, the under secretary for education who last week took on the added responsibility for federal higher education policy, have made clear in various venues (including interviews with Inside Higher Ed and sharply worded op-eds in publications like Politico) their frustration at having their hands tied. Department officials had viewed changes in the accreditation system as a major tool for bringing about some of the changes in higher education called for in Spellings’s Commission on the Future of Higher Education, including prodding them to more aggressively measure and improve the quality of student learning. By barring the department from imposing the accreditation regulations, Spellings wrote in her fiery op-ed, Congress was “digging a moat around the ‘ivory tower’ instead of knocking down the very barriers that block access to an affordable postsecondary education and to information that can guide a student’s decision-making process.”
“Would the American people let powerful lobbying forces persuade Congress to handcuff the U.S. Securities and Exchange Commission from carrying out its responsibility for ensuring that consumers have the data they need to make informed decisions about their investments, whether saving for a home, their retirement or their children’s education? Of course not! Then why has Congress been persuaded to block the U.S. Department of Education from overseeing the quality of institutions of higher education by special interest forces determined to keep the accreditation process insular, clubby and accountable to no one but themselves?”
With the clock ticking on the Bush administration’s time in office, many higher education officials have wondered whether (and in some cases feared that) Spellings and her aides might make a final push to institute policies that might instigate change in higher education — to take “one more bite at the apple,” as one Congressional aide put it.
So many college lobbyists were understandably gripped when word circulated in recent days that when Congress finally finishes its work on the Higher Education Act legislation (most have stopped saying “if,” although after five full years, passage of the law still seems like it may never happen), the department would formally propose (possibly as a place holder for new rules that the Higher Education Act would mandate) the accreditation regulations that Spellings abandoned a year ago.
A spokeswoman for the department, Samara Yudof, said this week that department officials “did not have any plans at this time” to reintroduce the accreditation rules that emerged from the 2007 negotiated rule making sessions. “We continue to work closely with Congress and at such time a bill is signed in to law, we would begin a new [negotiated rule making] process,” Yudof said. Asked specifically if the proposed rules from last year are “dead, or is there a chance that they will be implemented (perhaps as a placeholder?) once the Higher Education Act legislation is signed by the president?” Yudof said department officials were unwilling to speculate about hypothetical situations.
College lobbyists and some Congressional aides said they were stunned that department officials would consider such a tack. Some said they suspected that the department might be on at least defensible legal ground in putting forward such regulations, since Spellings had committed only to withholding such regulations until after Congress renewed the Higher Education Act, which aides to members of the Senate and the House are working feverishly to finish with the stated goal of polishing it off by the July 4 recess. And while the Higher Education Act measure currently has language that would appear to restrict the department from issuing regulations that deal with accreditors’ oversight of colleges’ student learning outcomes, department officials might be able to argue, some college officials speculate, that the withheld regulations were drafted under existing Higher Education Act language, and therefore fall outside that restriction.
But even if there might be a passable legal justification for issuing the accreditation regulations, most higher education lobbyists and Congressional aides say, the department might be on shaky political ground in coming forward at this point with rules that have been widely opposed by many on Capitol Hill.
“If it’s true, they’re nuts,” said Victor Klatt, a former top aide to Rep. Howard P (Buck) McKeon (R-Calif.) who has now returned to work on education issues at Van Scoyoc Associates, a Washington lobbying firm. “It’s not that we don’t have a little bit of an understanding of where they’re coming from [in seeking to prod accreditors and colleges], but they have to know it’s not feasible at this time to do it. It makes no sense to do it at the end of an administration when either Congress will overrule them or the incoming administration will overrule them.”
Klatt and others speculated that introducing the regulations now could infuriate key legislators, notably Sen. Lamar Alexander (R-Tenn.), on whom the department may depend to achieve important goals in its final months, including making desired changes in the No Child Left Behind law.
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Cliff Adelman’s recommendations are sound and I salute his persistence in keeping the vision in front of us. There is, however, a different approach to accountability that may be more uniquely suited to U.S. higher education and the American culture in which it exists, still largely in isolation from other forms of corporations. Given U.S. HE’s legacy of semi-independence and diversity, there is something to be said as well for a solution that preserves uniqueness while introducing essential elements of accountability. Consider these talking points.
1. For the most part the ways things get done in U.S. HE still reflect the culture of a guild with its attendant values and insular structures that resist change. 2. Attempts at organic change by directly addressing culture, structure, and business rules have been successfully resisted with very little effort on the part of the guild against great effort on the part of the change agent. Given the disproportionate expenditure of resources, the change agents eventually go away or compromise away their core mission. 3. Needed is a very thin point of leverage that will engage the self-interests of the members of the guild to change in the desired direction—an inflection point, if you will. 4. Compensation is just such an inflection point and, perhaps, is the only one given the mentality of the guild’s members that they will go down with the ship rather than change to save it. 5. If compensation is aligned with the desired behaviors, the energies of those compensated will be directed toward reaching compromise, rather than resisting, in refining the value proposition of their work.
Any experienced business person will look at these comments and remark, “. . . and your point!” And the point is that HE’s overseers and regulators must first change themselves before a leveraged system can be engineered. The entire system – the guild and its overseers and regulators – are rabidly opposed to performance-based compensation. They are illogical in asserting that such is unethical when, in fact, it is more ethical than rewarding slackers and hard working high performers equally. The HEA slogged out 12 terminally ambiguous safe harbor tests against compensating enrollment personnel for doing their job; i.e., enrolling. Imagine their position on compensating for learner satisfaction, goal attainment, learning outcomes, behavioral proficiencies, and impact. Executive directors of the Regional’s laugh nervously when I suggest that if documented learning outcomes and continuous improvement are really important to them, they will work with the schools to engineer a system of differential pay for the outcomes they desire. They immediately retreat to the scientifically indefensible position that it is too difficult to control for inputs (it is not).
The entire HE culture, while constructing illogical and unethical means by which compensation is actually increased, turns ghostly pale when you suggest paying for performance across the full range of higher education roles.
Yet, when performance is compensated properly, the attention of all stakeholders is keenly focused on the definitions, metrics, and documentations of performance. In the case of U.S. HE, solutions will be somewhat unique to the institution. We can be sure that the consumers will get a front seat in the planning because revenue, and eventually, margins will be essential elements in allocating funds. The process will be messy and imperfect but the job will get done.
Any takers?
Robert Tucker, President at InterEd, Inc., at 11:40 am EDT on June 5, 2008
Hey, let’s start with the Harvard Business School. Let’s see if people with MBA degrees from there, when they start businesses like oil companies or baseball teams, do well with them compared to the industry average. Let’s see also if, when Harvard MBAs get elected president of the United States, the economy does well, helps working people rise in society, and lowers unemployment. All this stuff is about accountability for teachers and professors who are doing their best while the rest of the culture devalues and debases education, with a free ride for those who gain public office by bashing intellectuals.Enough!
jayvee, at 11:55 am EDT on June 5, 2008
Undergraduate education in this country is already fast becoming a bit of a joke, when compared with systems elsewhere. Employers are screaming about mono-lingual graduates with poor writing skills, poor numeracy skills and an inability to think critically. At a time when a Google-enabled world makes finding information easy, but sorting through it hard, we are still teaching students the old-fashioned way: to amass facts, memorize theory and solve (deterministic) problems in formulaic ways. The real question is: do our graduates warrant the high salaries (by global standards) they now command and expect to continue to enjoy? Are multinational (US-origin) employers wrong in rationally seeking cost-effective talent elsewhere?
For all the flaws in their higher-education systems, India and China’s top 5% alone (=115 million) can cause enough dislocation in the West through IT-enabled, offshoring of white-collar jobs. And global companies, given their DNA, cannot be expected to shed tears! Don’t forget that the returns on our pension funds depend on their doing well financially!
US academics need to sit up and take note, or change must be forced upon them. The inflection point (the juncture at which the Asian tail will wag the Western dog) will come MUCH sooner than most Westerners expect, simply because of the lopsided populations of the two regions and the average age of India (25), if not that of aging China, compared with an aging West. Also, don’t expect AARP to devote their electoral/ legislative bargaining power to do anything to come to your rescue or do anything that is long-term in nature. They don’t have to think long-term.
Now, let’s close our eyes and focus for a minute: $250-oil (Goldman Sachs’ prediction), a nearly-two-trillion-dollar estimate for extricating ourselves from two wars, higher food-prices, more foreclosures, impending negative economic growth, budget deficits, national debt, a falling dollar and surging growth in China and India....
And, our academics and their-ilk-turned-administrators say we can pull through with business-mostly-as-usual?? Shame on the PhDs funded by taxpayers!!
CR, at 1:30 pm EDT on June 5, 2008
We lose sight of the fact that Sec 498 of HEA amendments of 1992 included a student outcome requirement the accreditors had to have in order to be recognized for Title IV purposes.
Unfortunately, this was never fleshed out by the Secretary of Education in black and white revisions to 34 CFR 602. Most recently, attempts to insert even a modicum of accountability into the regulations were stoutly and resolutely defeated by the self-regulating guilds of HE. So much the worse for the unsuspecting students and taxpayers.
I suspect this rumor is a red herring, perhaps an attempt to determine if the guild watchdogs at CHEA have gone to sleep for the summer or not.
Or it may be a way of just irritating the ruling elites, a way of letting them know that this issue will not go away.
Glen S. McGhee, Dir., at Florida Higher Education Accountability Project, at 2:50 pm EDT on June 5, 2008
Well written jayvee!
Even when patients (students) follow theirdoctor’s (professor’s) orders, they don’t always get well.
All Higher Education graduates are ceremonially dumped out into the chaotic vortex of the world and only then dowe find out who has been faking it.
Even those patients who religiously follow the physical therapy or chemo regimes, maynot regain as much health and well-being as other. The environment exerts blind, impartial judgement.
Didn’t take your pills? Didn’t stop smoking or drinking? Didn’t follow your physical (or other) therapy?
THEN don’t blame the doctor (professor)!
Dr. F. Gump, at 4:15 pm EDT on June 5, 2008
Tenure....so much for assessing learning. The only professional in the world with fulltime employment for life, despite outcomes assessement measures. It is so discourageing.
Interested Administrator, at 5:20 pm EDT on June 5, 2008
Once again the government is showing its contempt for the professionalism of the Academy. The bulwark of America’s system of higher education is the professoriate.
As one president of a major technological university has aptly stated:"The university is the faculty for the students, supported by the administration.”
If the government wins the oversight sought what is the difference between a kindergarten teacher and a university teacher? {Note I dropped the term professor.}
Ollie, Professor, at 8:45 pm EDT on June 8, 2008
Sorry for two responses, but....
In order for a democratic society to flourish, even just survive, there must be an institution where an individual can, in effect, express their opinion that “The emperor has no clothes.” without the fear of loosing their livelihood. The university tenure system while not ideal, but what is, is an excellent place to locate that protection.
Unpopular, as well as popular, ideas need exposure. Sunlight is the best disinfectant.
Ollie, Professor, at 8:45 pm EDT on June 8, 2008
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None of them understand accountability
The Spellings’ Commission on the Future of Higher Education threw every notion of accountability that crossed its shallow radar screen, helter-skelter, at the higher education community. Within a year, a large segment of the higher education community responded by adopting a “voluntary system of accountability,” which basically can be described as a public relations enterprise, telling the public how many pieces of paper colleges and universities handed out (to whom, and when), how much students liked different aspects of their experience at an institution, and how much scores on tests of something called “critical thinking” improved for a sample of their students between entrance and senior year. Shortly after that, another segment of U.S. higher education offered a statement of principles for student learning and accountability that can best be described as a well-meaning set of platitudes and wish lists.
All of these efforts were genuine. All of them sought improvement—in something. But that “something” is not really accountability. At best, it’s “accountability light.” And students neither played a role in fashioning these efforts nor will be affected by them at all.
Want to understand how we might approach accountability more fruitfully? Study what 46 European countries participating in the Bologna Process have done with qualification frameworks and benchmarking. It’s taken them 10 years of hard work and they still are not done. We think we can solve it all, with no sweat and no changes to organizational culture, in 18 months. What the Euros have done, though, is already being imitated on other continents, and will likely be the dominant global paradigm within another decade. So take your heads out of the sand, look beyond your borders, keep your mind open to some new ways of providing real evidence of learning and attainment for all your students (and not just a sample), and you might just understand what accountability really means.
For some learning about this, try www.ihep.org/Research/GlobalPerformance.cfm
Cliff Adelman, at 10:25 am EDT on June 5, 2008