October 24th

                        TACT Legislative First Alert
                              October 24, 1997


The House Higher Education Committee has met the past two days in interim 
hearings. Much of the message was consistent with remarks we heard during 
the TACT Conference from Representative Henry Cuellar and Commissioner Don 
Brown regarding approaches to educational access in light of the Hopwood 
decision. 

UT Chancellor Cunningham announced two commissions to address methods of 
ensuring a diverse student body. The more high visibility of the two 
includes such notables as Wilhelmina Delco, William Hobby, Annette Strauss 
and Ron Kirk. 

The full six charges of the interim committee are:

#1 - CHARGE ON HOPWOOD

Review the effects of the Hopwood decision and the responses to the decision 
by institutions of higher learning, including professional schools. Monitor 
the implementation of HB 588 and policies of the Texas Higher Education 
Coordinating Board, and assess the impacts of such measures.   CHAIR: Rep. 
Irma Rangel, Committee on Higher Education

#2 - CHARGE ON ENROLLMENT INCREASES

Determine the adequacy of the plans of institutions of higher education and 
the Texas Higher Education Coordinating Board to accommodate projected 
enrollment increases over the next two decades. Determine the adequacy and 
cost effectiveness of the plans. Examine the contributions expected of 
non-traditional methods, such as reducing the number of years to degree, 
distance learning and multi-institutional learning arrangements.  CHAIR: 
Rep. Irma Rangel, Committee on Higher Education

#3 - CHARGE ON EDUCATION FUNDING

Review the use of special funds in higher education, including funds for the 
"back-to-basics" initiative, to ensure that they are used effectively and 
appropriately. Evaluate the success of the recently implemented higher 
education funding formula.  CHAIR: Rep. Henry Cuellar, Subcommittee on 
Education Funding

#4 - CHARGE ON EDUCATION COST

Study the trend in cost of a post-secondary education, financial aid, and 
family incomes; evaluate the effects on access to higher learning by persons 
of all socio-economic levels.  CHAIR: Rep. Jim Solis, Subcommittee on 
Education Costs

#5 - CHARGE ON THE WESTERN GOVERNORS UNIVERSITY

Review the Western Governors University initiative and assess its potential 
value for Texas institutions.  CHAIR:  Rep. Elvira Reyna, Subcommittee on 
the Western Governors University

#6 - CHARGE ON AGENCY OVERSIGHT & FINANCIAL AID PROGRAMS

Conduct active oversight of agencies under the committee's jurisdiction, 
including a review of the State Auditor's finding of material weakness in 
higher education administration of student financial aid programs.  CHAIR: 
Rep. Henry Cuellar, Subcommittee on Agency Oversight & Financial Aid Programs

October 8th

For Immediate Release	

From:	Chuck Hempstead
	512-873-7404



                        TACT to Celebrate 50th Anniversary


	The Texas Association of College Teachers (TACT) will celebrate its 50th 
year of operation when faculty leaders from across the state convene at the 
Four Points Hotel October 17 and 18 in Austin. 
	"This is exciting yet humbling," said the association's president, Tom 
Hoffman, an associate professor of English at Midwestern State University.  
"As the oldest, largest and most successful faculty advocacy organization in 
Texas, it is certainly appropriate that we pause to reflect upon and 
appreciate the contributions of the people who have made Texas higher 
education among the best in the world."
	TACT represents more than 33,000 faculty, librarians, professional staff, 
researchers and administrators on 34 campuses of Texas' senior public 
colleges and universities.  It originated in 1948 as a section of the Texas 
State Teachers Association (TSTA) and was called the College Classroom 
Teachers Association (CCTA).  In 1956, the name was changed when TACT 
disaffiliated from TSTA.  
	Friday afternoon and evening highlights of the conference include an 
address by State Representative Henry Cuellar, a panel discussion on faculty 
interests relative to distance learning technologies and a presentation by 
Dr. Don Brown, the new Commissioner of the Texas Higher Education 
Coordinating Board. 
	"I am particularly looking forward to the 4:00 PM session," President 
Hoffman said, "when we will distribute a thirty-six page history of the 
successes of TACT.  Many past presidents will be in attendance, and it will 
be fun to hear how this organization has contributed to faculty welfare over 
the decades."

                                #   #   #

September 24th

                    

Frequently, legislative success is a result of the goodwill developed over a 
long period of time through effective community relations.  That is why 
TACT's primary initiative for 1998 will be public relations.  To learn more 
about how you can contribute to a better positive public image of 
professionals in higher education, attend the TACT House of Delegates 
Meeting October 18 in Austin. For hotel registration contact the Four Points 
Hotel at 512-836-8520 and use the Group Code "TACT" or call the State Office 
for assistance at 512-873-7404.

September 23rd

Yesterday's Dallas Morning News included a guest editorial by Representative 
Ted Kamel outlining his H.B. 1404 which deregulated long-distance education 
in Texas.  Kamel wrote that his "(Texas Colleges On-Line will) never replace 
the traditional classroom environment, nor should it."  

The new provision permits any Coordinating Board-approved class to be 
offered electronically without the previous requirement of separate 
Coordinating Board approval.  Traditional tuition will be charged.  For 
further information on this legislation, technology and effect on faculty, 
plan to attend the TACT Fall Conference October 17 and 18 in Austin.

September 2nd

For Immediate Release:
Chuck Hempstead
512-873-7404


                "TACT President Chosen for Study Committee"


Dr. Thomas Hoffman, president of the Texas Association of College Teachers  
(TACT) and associate professor of English at Midwestern State University, 
has been named to the Formula Study Committee of the Texas Higher Education 
Coordinating Board.

The Formula Study Committee is convened at the request of the Texas 
Legislature to recommend changes to the procedure by which colleges and 
universities receive state funding. 

"One of the reasons I pursued this appointment, " Hoffman said, "was that 
Midwestern is one of only four public universities in Texas not associated 
with a system like the UT, A&M and State systems.  We want to make sure 
that the independents are well represented.  Additionally, I will be 
wearing my hat as TACT president to assure that our human resources -- the 
faculty and staff -- don't continue to lose ground to the rest of the 
nation on compensation issues."

The Texas Association of College Teachers is preparing to celebrate its 
50th year as the primary advocate for faculty, librarian and professional 
staff personnel issues.


                                #   #   # 

August 25th

                          
We told you last week that the Lt. Governor is beginning to announce his 
interim committee charges.  Specifically, the Senate Finance 
Subcommittee on Education is Mike Moncrief (chair), Buster Brown and 
Judith Zaffirini. They will:

1. Evaluate the usefulness of the institutions' performance measures;

2. Analyze the institutions' accuracy in reporting on performance measures;

3. Evaluate institutions' budgets and identify reasons for differences in 
budget requests and appropriated amounts;

4. Examine the history of institutions' unexpended balances and the causes 
for those balances;

5. Evaluate institutions' caseload, population or enrollment forecast methods;

6. Monitor institutions'  responses to State Auditor reports;

7. Analyze institutions' line-item strategies and determine if they are 
essential to and reflective of the institutions' missions;

8. Review increases and decreases in the number of institutions' full or 
part-time employees and use of consultant/contract individuals; and

9. Evaluate all judgment, settlement agreements, and pending legal claims, 
whether or not asserted in a lawsuit, which will or may impact institutions; 
FY '98-2001 budget periods. 

Additionally, Senators Bill Ratliff and Teel Bivins will cochair a special 
committee to look at funding issues in higher education and public schools. 
The committee also includes Senators Robert Duncan, Greg Luna, David Sibley, 
Royce West and Judith Zaffirini. They will:

1. Study the current status of student financial assistance and tuition 
exemption/waiver programs. Identify possible criteria to be 
considered by the Legislature in evaluating such proposals and to 
establish priorities for these programs in the future.

2. Study the management, investment, and distribution of funds dedicated to 
public and higher education, including the Permanent School Fund, Available 
School Fund, Permanent University Fund, Available University Fund, and 
Higher Education Fund. The Committee should review the purpose of these 
funds and the ability of these funds to continue to meet the needs of the state.

3. Study the factors affecting undergraduate enrollment and graduation rates 
at public colleges and universities in Texas, and make recommendations for 
any necessary legislative action. The Committee should consider the costs of 
higher education and the availability of financial assistance to students; 
collaborative efforts between higher education and public education systems; 
and student recruitment and retention efforts. The Committee should also 
consider methods to effectively measure institutions' performance in meeting 
enrollment and graduation goals set by the Legislature.

4. Evaluate and, if needed, make recommendations to determine need and 
allocation of funds for higher education budget special items, medical 
schools and Texas A&M Service agencies.

Finally, another committee will study the effect on students of taking the 
TASP in high school. Members are Senators Teel Bivins (chair), Troy Fraser, 
Michael Galloway, Tom Haywood, Greg Luna, Eliot Shapleigh, and Judith Zaffirini.

June 6th

-Final Senate Bill 149

                                   AN ACT
 1-1     relating to performance evaluation of tenured faculty at certain
 1-2     institutions of higher education.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
 1-5     amended by adding Section 51.942 to read as follows:
 1-6           Sec. 51.942.  PERFORMANCE EVALUATION OF TENURED FACULTY.
 1-7     (a)  In this section:
 1-8                 (1)  "Governing board" has the meaning assigned by
 1-9     Section 61.003.
1-10                 (2)  "Institution of higher education" means a general
1-11     academic teaching institution, medical and dental unit, or other
1-12     agency of higher education, as those terms are defined by Section
1-13     61.003.
1-14                 (3)  "Neglect of duty" means continuing or repeated
1-15     substantial neglect of professional responsibilities.
1-16           (b)  Each governing board of an institution of higher
1-17     education shall adopt rules and procedures providing for a periodic
1-18     performance evaluation process for all faculty tenured at the
1-19     institution.  The governing board may design its rules and
1-20     procedures to fit the institution's particular educational mission,
1-21     traditions, resources, and circumstances relevant to its character,
1-22     role, and scope, in addition to other relevant factors determined
1-23     by the governing board in the rules adopted pursuant to this
 2-1     section.  The governing board shall seek advice and comment from
 2-2     the faculty of the institution before adopting any rules pursuant
 2-3     to this section.  The advice and comment from the faculty on the
 2-4     performance evaluation of tenured faculty shall be given the utmost
 2-5     consideration by the governing board.
 2-6           (c)  In addition to any other provisions adopted by the
 2-7     governing board, the rules shall include provisions providing that:
 2-8                 (1)  each faculty member tenured at the institution be
 2-9     subject to a comprehensive performance evaluation process conducted
2-10     no more often than once every year, but no less often than once
2-11     every six years, after the date the faculty member was granted
2-12     tenure or received an academic promotion at the institution;
2-13                 (2)  the evaluation be based on the professional
2-14     responsibilities of the faculty member, in teaching, research,
2-15     service, patient care, and administration, and include peer review
2-16     of the faculty member;
2-17                 (3)  the process be directed toward the professional
2-18     development of the faculty member;
2-19                 (4)  the process incorporate commonly recognized
2-20     academic due process rights, including notice of the manner and
2-21     scope of the evaluation, the opportunity to provide documentation
2-22     during the evaluation process, and, before a faculty member may be
2-23     subject to disciplinary action on the basis of an evaluation
2-24     conducted pursuant to this section, notice of specific charges and
2-25     an opportunity for hearing on those charges; and
 3-1                 (5)  a faculty member be subject to revocation of
 3-2     tenure or other appropriate disciplinary action if incompetency,
 3-3     neglect of duty, or other good cause is determined to be present.
 3-4           (d)  A faculty member subject to termination on the basis of
 3-5     an evaluation conducted pursuant to this section must be given the
 3-6     opportunity for referral of the matter to a nonbinding alternative
 3-7     dispute resolution process as described in Chapter 154, Civil
 3-8     Practice and Remedies Code.  If both parties agree, another type of
 3-9     alternative dispute resolution method may be elected.  The
3-10     governing board must give specific reasons in writing for any
3-11     decision to terminate a faculty member on the basis of an
3-12     evaluation conducted pursuant to this section.
3-13           (e)  A governing board may not waive the evaluation process
3-14     for any faculty member granted tenure at an institution.
3-15           (f)  A governing board may not award tenure to an
3-16     administrator in any way that varies from the institution's general
3-17     policy on the award of tenure.
3-18           (g)  Each governing board shall file a copy of the rules
3-19     adopted pursuant to this section, and any amendments to such rules,
3-20     with the coordinating board on or before September 1 of each year.
3-21           SECTION 2.  The rules adopted by a governing board of an
3-22     institution of higher education pursuant to the provisions of this
3-23     Act shall provide for the performance evaluation of tenured faculty
3-24     not later than January 1, 2004, of each faculty member tenured at
3-25     the institution as of the effective date of this Act.
                                                                S.B. No. 149
 4-1           SECTION 3.  This Act takes effect January 1, 1998.
 4-2           SECTION 4.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended.