HB4103 100TH GENERAL ASSEMBLY

LRB100 14822 AXK 29642 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4103

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

See Index

Amends the Board of Higher Education Act. Requires the Board of Higher Education to establish a uniform admission process online, which must be used at all public institutions of higher education; sets forth what components this admission process must include. Requires the Board (i) to ensure that any high school student in this State with a 3.0 cumulative grade point average or better on a 4.0 scale (or the equivalent on a 5.0 scale) receives access to the opportunity of higher education and (ii) to guarantee admission to a public university; requires cooperation by the State Board of Education, high schools, and public universities. Requires the Board to conduct a study of the academic programs offered at each public university campus. Sets forth the Board's duties concerning the study. Requires the Board to use the results of the study and other specified factors to determine which academic programs should be prioritized at campuses of public universities and to create and designate Higher Education Strategic Centers of Excellence. Requires the Board to work with the Illinois Community College Board to develop recommendations to integrate community colleges into this plan. Sets forth additional Board of Higher Education duties concerning evaluating programmatic expansions and new programs and studying student financial aid and multi-year budgeting. Amends various Acts relating to the governance of public universities to make conforming changes.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

WHEREAS, The goal of this Act is to protect quality; reduce duplication, redundancy, and inefficiency; protect ranked programs and the invaluable nature of public higher education research; and otherwise ensure that this State is prioritizing tax dollars to protect its higher educational strengths, eliminate its weaknesses, and ensure that Illinois maintains a highly educated, visibly skilled workforce ready to take advantage of opportunities for economic and social betterment; and

WHEREAS, According to historical enrollment data contained in the State of Illinois Budget Books prepared by the respective Governor's Office of Management and Budget, as well as full-time-equivalent enrollment figures compiled and produced by the Board of Higher Education and the Illinois Community College Board, statewide full-time-equivalent enrollment at Illinois public universities and community colleges has declined by approximately 50,000 students from 1991 to 2014; and

WHEREAS, According to an American Academy of Arts and Sciences 2015 publication entitled "Public Research Universities: Changes in State Funding", nationally, higher education's share of nationwide general fund spending has fallen significantly since 1990; and

WHEREAS, The same publication showed, between 2008 and 2013, that, nationally, appropriation support among the 50 states for public education per full-time-equivalent student declined by 26% at the median public research university; and

WHEREAS, According to the Academy's publication, "[i]n all, forty-six states cut support for public higher education per FTE student between 2008 and 2014, after adjusting for inflation"; and

WHEREAS, The Academy's report notes that "these cuts were deep: thirty-six states cut inflation-adjusted spending per FTE student by more than 20 percent, nineteen cut by more than 25 percent, and ten cut by more than 30 percent"; and

WHEREAS, The Academy's analysis observes that "[t]he decline in support in part reflects difficult choices states have made in response to mandatory spending programs like Medicaid, rising pension contributions, and a desire to preserve K-12 education"; and

WHEREAS, The same study found that, nationally, "the Medicaid share more than doubled, from 9.5 percent to 19.1 percent" and "[s]tates now spend more than twice as much on Medicaid as they do on higher education"; and

WHEREAS, According to data contained in the State of Illinois Budget Books prepared by the respective Governor's Office of Management and Budget, Illinois spending for higher education increased a net $1,100,000,000 from general funds from fiscal year 2005 to fiscal year 2015, with all increases attributable to rising State Universities Retirement System contributions, as during this time funding for operations declined; and

WHEREAS, In a May 3, 2017 U.S. News & World Report article, entitled "10 Colleges with the Highest Tuition for In-State Students", Jordan Friedman states, "[a]mong the 316 ranked public colleges that submitted these data to U.S. News in an annual survey, the average tuition was about $8,893 for the 2015-2016 academic year"; and

WHEREAS, According to the article, for the 2015-2016 academic year, the amount of in-state tuition and fees charged by the University of Illinois at Urbana-Champaign was $15,626, almost double the national average, which makes the University one of the 10 most expensive places in America for in-state tuition; and

WHEREAS, According to the 2015 Senate Democratic Caucus Investigative Report on Executive Compensation at Illinois Higher Education Institutions, in-state tuition nationwide at public institutions rose 67% from 2000 to 2011, after adjusting for inflation; and

WHEREAS, This same publication showed that, from 1978 to 2008, the cost of living doubled and medical costs ballooned roughly six-fold, but college tuition and fees saw a nearly ten-fold increase; even after adjusting for financial aid, the amount families have to pay for college has skyrocketed 439% since 1982; and

WHEREAS, The Senate Democratic Caucus report noted that, while state operating support for public universities has declined by 7% between Fiscal Year 2005 and Fiscal Year 2015, the corresponding increase in tuition and fee revenue during the same time period has not only offset state budget cuts, but sustained the annual public university revenue growth rate in excess of 5%; and

WHEREAS, The Executive Compensation report showed that the University of Illinois, for example, between Fiscal Year 2005 and Fiscal Year 2015, has seen a $36,000,000 or -5.2% decline in State funding, while revenues from tuition and fees has increased $668,000,000 or 155.5% during the same time period; and

WHEREAS, Since the 1960s, the State of Illinois has been the second highest net negative exporter of college students in the United States, according to "Residence and Migration of First-Time Freshmen Enrolled in Degree-Granting Institutions" by Samuel Fall Barbett with the National Center for Education Statistics; and

WHEREAS, According to a 2010 United States Department of Education examination, 24% of the 2008 fall freshman class from Illinois out-migrated; this was 6% higher than the national average of 18%; and

WHEREAS, In terms of academic preparation, the students deemed most ready for college, those with the highest GPA, the highest ACT scores (specifically higher ACT mathematics scores), and higher aggregate academic performance, generally had the highest rates of out-migration, according to "Using Hierarchical Generalized Linear Modeling (HGLM) to Establish the Determinants of Out-Migration" by R. Adam Manley, Cecile Dietrich, and Eric Lichtenberger); and

WHEREAS, Manley et al. notes that "[t]hirty percent of high school graduates who matriculate to four-year colleges do so at out-of-state institutions"; and

WHEREAS, According to research done by Manley et al., "Illinois ranks 49 out of 50 in net migration with [an] estimated loss of 9,773 freshmen", making the "outmigration rate much higher than the national average"; and

WHEREAS, Each year, Indiana, Iowa, Wisconsin, Missouri, and Michigan seem to consistently attract approximately 50% of Illinois migrant students according to "Outmigration and Human Capital: Homeward Bound or Gone for Good" by Eric Lichtenberger and Cecile Dietrich, 2014; and

WHEREAS, Lichtenberger and Dietrich also note that the migration of college students is particularly relevant to Illinois, because the state exports more high school students to colleges in other states than it imports. The consequences of this net-outmigration pattern is important because research shows that not only do college students contribute to state and local economies through their tuition and daily living expenditures while attending college, a majority who attend colleges in other states are less likely to return to their home state to live and work after graduation; and

WHEREAS, According to data provided by the Department of Employment Security, there are approximately 150,000 job openings in Illinois per year that require less than a bachelor's degree, but many who would otherwise apply for said jobs lack the necessary workforce skills and training to apply; filling the skills gap will become even more critical in coming years, as manufacturing equipment becomes more technical, requiring an even higher aptitude for math and computer skills; and our community college system fills a critical need in quickly training and preparing individuals for these jobs, in addition to being a pathway to a bachelor's degree; and

WHEREAS, As an example of the economic cost of out-migration, in 2000, Illinois lost 4,781 students to other states, and this out-migration of 4,781 students equated to an estimated lifetime loss of $776,400,930 in tax revenue (income & sales tax) to the State of Illinois, according to "Estimating the Economic Impact of College Student Migration from Illinois" by Ryan Smith and Andrew Wall; and

WHEREAS, During the same time period that (i) this State has seen such significant decreases in enrollment, (ii) nationally and in Illinois, funding trends have declined for operations, and (iii) educational costs have outpaced inflation, all leading to higher and higher tuition costs for students, the amount of campuses and course offerings have continued to increase across this State and this State has a major excess in capacity in its current higher education system; and

WHEREAS, In the University of Illinois's Fiscal Year 2018 capital budget request, one priority is a new $82,600,000 Science, Technology, Engineering, and Mathematics (STEM) building at the Springfield campus, despite the fact that the Board of Higher Education's Capital Working Group priorities already include $112,000,000 for a new science building at Eastern Illinois University, $118,000,000 for a science building at Western Illinois University, and $66,000,000 for construction of a Computer Science, Health Informatics, and Technology Center at Northern Illinois University; and

WHEREAS, Illinois' public higher education system should operate as a cohesive system, creating strong economic engines in every region of this State; and

WHEREAS, Illinois tax dollars should be funding excellence within this State's public higher education system; and

WHEREAS, Nationally, higher education is changing, and there is a need for this State's higher education system to strategically adapt in order to preserve, protect, and promote the vital role it plays in the overall health of the State of Illinois and the ability of any Illinois citizen to access affordable education; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Board of Higher Education Act is amended by adding Sections 9.07a, 9.07b, 9.37, 9.38, 9.39, and 9.40 as follows:

(110 ILCS 205/9.07a new)

Sec. 9.07a. Uniform admission process. The Board shall establish a uniform admission process online, which must be used at all public institutions of higher education. The goal of this uniform admission process program is to ensure that no matter which institution an applicant initially applies to, if that institution denies the applicant acceptance, then the applicant will be offered admission to another public institution of higher education. This admission process must include the following components:

(1) The Board shall create a uniform admission application known as the "Common App", to be accepted at all public institutions of higher education. The Board shall make the Common App available online on the Board's website. The Board shall inform all high schools in this State of the availability of the Common App online, and high school personnel shall provide this information to students and their parents or guardian. Common App data must be sent to all public universities. An applicant who is not offered admission to a public university must be automatically referred to the community college district where the applicant resides and provided with enrollment information from that district.

(2) If a public institution of higher education accepts a person for admission to the institution, the person shall receive a letter of acceptance from the institution, which shall set forth any grant or scholarship offers extended by the institution at that time. However, nothing shall prevent the institution from subsequently enhancing such grant or scholarship offers to the person.

(3) The process must be integrated such that if an applicant is not accepted for admission to the public institution of higher education that he or she applied to, then the Board shall forward his or her Common App to other public institutions of higher education whose admission standards are reasonably in line with the applicant's qualifications and who have programs and areas of study that the applicant wishes to enroll in. However, the Board, in so forwarding the Common App to an institution that matches the applicant's qualifications and criteria, shall also ensure that it maximizes the optimal efficiencies of each academic department of an institution and each institution itself by forwarding the Common App to institutions with a goal of ensuring that departments and institutions are operating with a critical mass of students to operate efficiently. The Board shall also forward the Common App to the community college district where the applicant resides.

(4) All admission decisions, other than under Section 9.07b of this Act, shall be made by each public institution of higher education, not the Board.

(110 ILCS 205/9.07b new)

Sec. 9.07b. Access to opportunity and automatic admission. The Board shall, as part of the Common App created under Section 9.07a of this Act, ensure that any high school student in this State with a 3.0 cumulative grade point average or better on a 4.0 scale (or the equivalent on a 5.0 scale) receives access to the opportunity of higher education and shall guarantee admission to a public university. The State Board of Education shall cooperate with the Board to ensure that each high school student in this State and his or her parent or guardian is provided, at the high school level, with the knowledge that the student will qualify for automatic admission if he or she maintains a 3.0 cumulative grade point average or better on a 4.0 scale (or the equivalent on a 5.0 scale) through graduation from high school. While a high school student is not required to complete the Common App, all high schools in this State shall provide the time, opportunity, and guidance to fill out the Common App and a Free Application for Federal Student Aid for any student wishing to do so. The Board shall work with each public university and each public university shall cooperate with the Board to ensure that each high school student in this State with a 3.0 cumulative grade point average or better on a 4.0 scale (or the equivalent on a 5.0 scale) is admitted to a public university that is in line with that student's academic interests and that is academically appropriate for that student.

(110 ILCS 205/9.37 new)

Sec. 9.37. 2017 Higher Education Strategic Centers of Excellence Plan.

(a) As used in this Section, "campus" includes any campus of a public university and public universities with only one campus.

(b) The Board shall conduct a study of the academic programs offered at each public university campus as follows:

(1) The Board shall conduct a survey that ranks the departmental quality of each academic department on a campus relative to corresponding departments at other public university campuses. The Board shall rank each academic program in relation to similar programs at other campuses in this State.

(2) The Board shall specifically study programmatic expansions, programmatic eliminations, and programs with low enrollment.

(3) The Board shall examine those academic areas with an opportunity for growth in relation to workforce demands.

(4) The Board shall produce a statement of excellence for each campus, determining each campus's greatest academic strengths and guiding the future mission and priorities of each campus.

(5) The Board shall institute an economic efficiency review of each campus and also of the top 8 ranked academic departments statewide, as determined in paragraph (1) of this subsection (b), in order to determine the optimal level of student population at each campus and each of the ranked departments, such that each campus and department is operating at maximum efficiency. In completing the review, the goal shall be to maximize the peak operating efficiency of each campus and to enable sustainable and affordable academic programs. The review shall include, but is not limited to, the following:

(A) determining the number of students per department necessary for that department to operate at peak efficiency; and

(B) determining how many students per campus are necessary for that campus to operate at peak efficiency.

The Board shall include the following factors, without limitation, when making its determination or evaluation under subdivisions (A), (B), and (C) of this paragraph (5):

(i) fixed costs;

(ii) variable costs;

(iii) administrative overhead;

(iv) ongoing maintenance;

(v) labor costs;

(vi) the existing physical plant;

(vii) deferred maintenance;

(viii) on-campus housing availability, the demand for and vacancy rates of such housing, the housing opportunities available, and the appropriate mix of students living on campus and off campus to determine the campus's most efficient mix of student population;

(ix) procurement-related costs;

(x) the existing debt of the campus and whether the campus would need to issue new debt in order to repair, renovate, or create new programs or rehabilitate the physical plant;

(xi) the impact on existing debt of the closure of any department or program; and

(xii) any other factor that would bear on the efficient operation of that particular campus or departmental program in order to ensure that the campus or department is operating at maximum efficiency.

Each public university shall prepare and present a statement to the Board of what it considers to be the university's areas of accomplishment and excellence within the university. The Board must consider a university's statement as part of the overall analysis involved in this subsection (b). This statement may be supported by whatever documentation the university wishes to present. Such documentation may include, but is not required to, nor is it limited to:

(I) departmental rankings from outside rankings services;

(II) graduation rates;

(III) access to an underserved population;

(IV) job placement rates;

(V) a unique or specific program or qualification of its faculty;

(VI) the relative value a student receives relative to the price of his or her degree versus his or her long-term earnings potential in his or her field of study;

(VII) research areas and research grants; and

(VIII) any other factor the university believes the Board should consider before making any designation.

For departments that are not ranked in the top 8 pursuant to paragraph (1) of this subsection (b), the Board shall evaluate the demand for that departmental program in the geographic region of the campus and whether continuing to offer such a program will address an existing market demand, provide access to an underserved population in that region of the State, or address the future demand for that offering in the reasonably foreseeable future.

(c) After completion of the study, the Board shall use the results of the study to determine which academic programs should be prioritized at each campus at a public university in this State. In determining which academic programs should be prioritized at which campuses, the Board shall, in addition to the results of the study completed under subsection (b) of this Section, consider all of the following factors:

(1) Maintaining enough academic programs at each campus to keep all campuses of public universities in this State open and operating at maximum efficiency.

(2) The ranking of each academic program at each campus. The Board shall have a goal of maintaining, at a minimum, the top 8 of each type of academic program.

(3) Geographic opportunity and access to programs of all types.

(4) Diversity of demographic groups served by that campus or department.

(5) Prioritizing available State funds to strengthen and buttress successful and academically superior programs while eliminating the subsidization of weaker academic programs.

(6) Ensuring continued support for existing medical, dental, pharmacy, nursing, or other health occupation programs or departments.

(7) Ensuring that campuses ranked as R1 institutions in the Carnegie Classification of Institutions of Higher Education or a similar ranking of top research institutions in the United States retain their ranking and designation;

(8) Maintaining science, technology, engineering, and mathematics centers of excellence.

(9) The important role that regional universities play in their region and in the overall economy of this State.

(10) Ensuring horizontal integration of teaching resources across campuses.

(11) Establishing opportunities for vertical integration between community colleges and public universities.

(12) Distance learning to optimize educational opportunity while controlling costs.

(13) The optimal student population of each campus, with the Board determining enrollment levels necessary for optimum efficiency.

The results of this review shall be used to create and designate, by program, Higher Education Strategic Centers of Excellence.

(d) The Board shall designate the Higher Education Strategic Centers of Excellence under subsection (c) of this Section within 18 months after the effective date of this amendatory Act of the 100th General Assembly and shall report its finding and actions required under this Section to the General Assembly within 18 months after the effective date of this amendatory Act of the 100th General Assembly, as provided in Section 3.1 of the General Assembly Organization Act. The report shall be re-evaluated as necessary, but no less than every 3 years, to ensure that public universities have a sustainable academic plan and that there is a balance of academic programs throughout this State.

(e) The Board shall, with the Illinois Community College Board, develop recommendations to integrate community colleges into the plan established under subsection (c) of this Section and shall have the authority to implement the recommendations as necessary.

(110 ILCS 205/9.38 new)

Sec. 9.38. Evaluation of programmatic expansions and new programs. In evaluating programmatic expansions and new programs at public institutions of higher education, the Board, prior to approving such expansions or new programs, shall make the following findings:

(1) that such an expansion or new program is meeting an unmet need in that region of the State or serving an unserved or underserved population;

(2) in cases in which subdivision (1) of this Section cannot be satisfied, that a market-demand analysis has been performed to rationally justify that growth opportunity in the area will be forthcoming in the immediate future;

(3) that the institution has the ability, if so approved, to offer a quality program at a price point that is cheaper for students than existing options elsewhere in the area; and

(4) that the opening of such a program does not negatively impact the optimal efficiency of the existing higher education infrastructure in this State and that the dedication of resources will not be at the expense of one of the Higher Education Strategic Centers of Excellence created in Section 9.37 of this Act.

(110 ILCS 205/9.39 new)

Sec. 9.39. Student financial aid study and reports.

(a) The Board shall study the opportunity for merit-based financial aid to be awarded to students within the specific budget of a public institution of higher education with the goal of inducing students who would otherwise leave this State to attend colleges and universities located inside this State and increasing marginal revenue to the institution's campus. This study must be completed on or before January 1, 2019. Upon completion of the study, the Board shall report its recommendations to the General Assembly as provided in Section 3.1 of the General Assembly Organization Act, including specific recommendations on the creation of a statewide merit-based financial aid program and how to pay for such a program.

(b) The Board shall produce a report detailing the last 25 years of student financial aid grant programs funded by this State to display factors indicative of a return on investment. The report shall, at a minimum, include the following for each State-funded grant program:

(1) the amount of State funding appropriated and spent each year;

(2) the amount of private or non-State revenues also supporting the program;

(3) student outcomes, including the number of program graduates; and

(4) post-college data detailing how grant recipients are currently benefiting this State.

This report must be submitted to the General Assembly, as provided in Section 3.1 of the General Assembly Organization Act, on or before January 1, 2019.

(c) This Section is repealed on January 1, 2020.

(110 ILCS 205/9.40 new)

Sec. 9.40. Multi-year budgeting study.

(a) The Board shall study the concept of multi-year budgeting in order to bring stability and security to this State's budgeting process so that public institutions of higher education can better and more efficiently plan their internal operations. The Board shall report specific recommendations on multi-year budgeting to the General Assembly, as provided in Section 3.1 of the General Assembly Organization Act, no later than January 1, 2019.

(b) This Section is repealed on January 1, 2020.

Section 10. The University of Illinois Act is amended by adding Section 100 as follows:

(110 ILCS 305/100 new)

Sec. 100. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 15. The Southern Illinois University Management Act is amended by adding Section 85 as follows:

(110 ILCS 520/85 new)

Sec. 85. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 20. The Chicago State University Law is amended by adding Section 5-195 as follows:

(110 ILCS 660/5-195 new)

Sec. 5-195. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 25. The Eastern Illinois University Law is amended by adding Section 10-195 as follows:

(110 ILCS 665/10-195 new)

Sec. 10-195. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 30. The Governors State University Law is amended by adding Section 15-195 as follows:

(110 ILCS 670/15-195 new)

Sec. 15-195. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 35. The Illinois State University Law is amended by adding Section 20-200 as follows:

(110 ILCS 675/20-200 new)

Sec. 20-200. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 40. The Northeastern Illinois University Law is amended by adding Section 25-195 as follows:

(110 ILCS 680/25-195 new)

Sec. 25-195. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 45. The Northern Illinois University Law is amended by adding Section 30-205 as follows:

(110 ILCS 685/30-205 new)

Sec. 30-205. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.

Section 50. The Western Illinois University Law is amended by adding Section 35-200 as follows:

(110 ILCS 690/35-200 new)

Sec. 35-200. 2017 Higher Education Strategic Centers of Excellence Plan. Notwithstanding anything in this Act to the contrary, the University shall cooperate with the Board of Higher Education and comply with any decisions made by the Board of Higher Education with respect to this amendatory Act of the 100th General Assembly. The University may not create any new academic program without the approval of the Board of Higher Education, as provided in Sections 7, 9.37, and 9.38 of the Board of Higher Education Act.