Montana Board of Regents of Higher Education

MINUTES

September 19-20, 1996

Big Butte/Highlands

Student Union Building

Montana Tech of The University of Montana

Butte, Montana

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BOARD ACTION: Approved unanimously November 21, 1996 (Missoula).

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ADMINISTRATIVE/BUDGET COMMITTEE

ACADEMIC/STUDENT AFFAIRS COMMITTEE

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REGENTS PRESENT: Jim Kaze (Chairman), Paul Boylan, Colleen Conroy, Pat Davison, Mike Green, and Margie Thompson; Interim Commissioner of Higher Education Richard Crofts

REGENTS ABSENT: Kermit Schwanke (Excused)

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THURSDAY, SEPTEMBER 19, 1996

Chairman Jim Kaze called the regular meeting of the Board of Regents to order at 11:15 a.m. in the Big Butte/Highlands Room of the Student Union Building at Montana Tech of The University of Montana in Butte. Roll call showed that a quorum was present.

Regent Pat Davison moved that the Board approve the minutes from the July 1-2, 1996 regular meeting as mailed to Board members. The motion passed unanimously.

CONSENT AGENDA ITEMS

Staff Items

a. ITEM 92-1000-R0996--Staff; The University of Montana--Missoula

b. ITEM 92-1001-R0996--Appointment of Albert Borgmann as Regents' Professor; The University of Montana--Missoula

c. ITEM 92-1500-R0996--Staff; Montana Tech of The University of Montana

d. ITEM 92-1500A-R0996--Staff; Montana Bureau of Mines and Geology

e. ITEM 92-1600-R0996--Staff; Western Montana College of The University of Montana

f. ITEM 92-1900-R0996--Staff; Helena College of Technology of The University of Montana

g. ITEM 92-2000-R0996--Staff; Montana State University--Bozeman

h. ITEM 92-2001-R0996--Retirement of R. Clyde Greer, Professor of Agricultural Economics and Economics; Montana State University--Bozeman

i. ITEM 92-2002-R0996--Retirement of Dr. John Kohl, Professor and Dean of Education; Montana State University--Bozeman

j. ITEM 92-2003-R0996--Retirement of George S. McClure Jr., Professor of Architecture, College of Arts and Architecture; Montana State University--Bozeman

k. ITEM 92-2004-R0996--Retirement of Robert E. Moore, Professor of Biology and Department Head, Biology; Montana State University--Bozeman

l. ITEM 92-2005-R0996--Retirement of Franklin S. Newman, Professor of Veterinary Virology and Medical Sciences; Montana State University--Bozeman

m. ITEM 92-2300-R0996--Staff; Agricultural Experiment Station

n. ITEM 92-2400-R0996--Staff; Extension Service

o. ITEM 92-2700-R0996--Staff; Montana State University--Billings

p. ITEM 92-2800-R0996--Staff; Montana State University--Northern

q. ITEM 92-2802-R0996--Resolution Concerning the Retirement of Dr. Vivian Whaley Evenson, Professor of Nursing; Montana State University--Northern

r. ITEM 92-2850-R0996--Staff; Montana State University College of Technology--Great Falls

Capital Construction Items

a. ITEM 92-1002-R0996--Renovate Photo Lab, Fine Arts; The University of Montana--Missoula

b. ITEM 92-1003-R0996--Construct New Research Facility; The University of Montana--Missoula

c. ITEM 92-2010-R0996--Authorization to Remodel Areas of Hamilton, Traphagen and Wilson Halls; Montana State University--Bozeman

Regent Mike Green moved that the Board approve all items (staff and capital construction) on the Consent Agenda. The motion passed unanimously.

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STUDENT REPORTS

Jim McCray, student body president at Montana State University--Bozeman and president of MAS (Montana Associated Students), told the Board that MAS had met the previous evening and voted unanimously to oppose CA-30. He said MAS felt that passage of the amendment would politicize higher education and potentially harm academic freedom. Mr. McCray said the amendment did not guarantee student input into how the new commission would be formed and that the direct contact the students now had with the Regents may not exist under a new system. He said MAS would be releasing press announcements indicating its decision to oppose CA-30.

Jason Thielman, student body president at The University of Montana--Missoula, reviewed the results of the student vote on the academic facilities fee. Three proposals were presented: (1) assess fee to nonresidents only, which received 29% of the vote; (2) assess fee to all students, which received 44% of the vote; and (3) assess no fee, which received 27% of the vote. Mr. Thielman said the Administrative/Budget Committee agreed to recommend approval of a fee on all students rather than nonresidents only.

Chris Veis, student body president at Montana Tech of The UM, welcomed the Regents to Tech's campus. He said the students also supported Montana Tech's requests for exemptions to the 120 credit-hour undergraduate degree requirement for its engineering programs.

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COMMITTEE REPORTS

ADMINISTRATIVE/BUDGET COMMITTEE

The Administrative/Budget Committee met at 9:00 a.m. in the Pintlar Room of the Student Union Building at Montana Tech. Committee members present included Regents Colleen Conroy (chair), Paul Boylan, and Jim Kaze. Chairman Kaze asked Regent Conroy to present the committee's report to the full Board.

SUBMISSION AGENDA

a. ITEM 92-001-R0996--Transferability of Sick and Annual Leave; Montana University System (NEW)

Regent Conroy said this policy stated that employees at any unit of the university system who accepted positions at other units may not receive cash compensation for unused leave. The receiving unit of the university system would assume the liability for accrued leave transferred with the employee.

The Board concurred with the committee's recommendation to move ITEM 92-001-R0996 to the action agenda at the November 21-22, 1996 meeting in Missoula.

CONSENT AGENDA--ACTION

a. ITEM 92-1004-R0996--Certificate of Completion, Land Acquisition Phase I, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

b. ITEM 92-1005-R0996--Certificate of Completion, Mortgage Refinancing Project, Series C 1995 Facilities Improvement and Acquisition Revenue Bonds; The University of Montana--Missoula

c. ITEM 92-1006-R0996--Certificate of Completion, Stadium Meeting and Locker Rooms, Series A 1993 Facilities Improvement and Refunding Bonds; The University of Montana--Missoula

d. ITEM 92-1007-R0996--Certificate of Completion, Washington-Grizzly Stadium Renovations, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

e. ITEM 92-1902-R0996--Authorization to Expend Up to $45,000 of Computer Fees; Helena College of Technology of The University of Montana

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEMS 92-1004-R0996, 92-1005-R0996, 92-1006-R0996, 92-1007-R0996, and 92-1902-R0996. The motion passed unanimously.

ACTION AGENDA

a. ITEM 26-016-R0380--Employment Instruments; Professional and Administrative Employees (REVISED 711.1)

Regent Conroy said two amendments had been suggested to this item during the committee meeting: (1) In Section 1., change "Subsection 5" to "Subsection 6"; and (2) In Section 3.a., replace "a President, Chancellor," with "the campus Chief Executive Officer."

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 26-016-R0380 as amended. The motion passed unanimously.

b. ITEM 92-002-R0796--Drug and Alcohol Testing; Montana University System (NEW)

Regent Conroy said this policy would bring the university system into compliance with the federal Controlled Substances and Alcohol Use and Testing requirements. The regulations required drug and alcohol testing of employees in positions requiring a commercial driver's license. The policy would affect about 30 system employees.

After brief discussion, Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 92-002-R0796. The motion passed unanimously.

c. ITEM 92-003-R0796--Repeal of Certain Board of Regents' Policies from the Montana University System Policy and Procedures Manual; Montana University System

Regent Conroy said when the academic inventory of programs was created, certain sections of the Board's policy manual that dealt with listing programs approved for each institution had been repealed. Some of those policies had been left out and were now brought forward to be repealed.

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 92-003-R0796. The motion passed unanimously.

d. ITEM 92-002-R0996--Approval of FY97 Operating Budgets; Montana University System

Chairman Kaze said the Regents had to approve these budgets by October 1, 1996. During the committee meeting, Associate Commissioner for Fiscal Affairs Rod Sundsted had distributed comparative schedules (on file) of budgetary increases by agency and several graphs (on file) that presented historical changes in general fund, tuition, and millage in the university system since 1980; support program expenditure percentages of total budget since 1980; and program expenditure percentages of total budget since 1980.

Mr. Sundsted said for the first time this biennium they had received legislative authority and appropriations for projected enrollments. In the past, they would have a budget and actually spend more because they would have budget amendments. This time, they had authority for the full enrollments plus the 1% or 2% overage. Mr. Sundsted said in essence, they did not spend their full budget. As a result, the numbers tended to be distorted. In 1995, they budgeted in current unrestricted almost $210 million and only expended about $205 million. He said they expected the same thing to happen in 1997, though they were approving a budget of nearly $220 million.

After further discussion on the operating budgets and enrollment projections, Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 92-002-R0996. The motion passed unanimously.

e. ITEM 92-003-R0996--Approval of Post-Baccalaureate Fee Schedules; Montana University System

Regent Conroy said these schedules were necessary because the Regents had amended Policy 940.27 (Tuition) to include the following statement: "Residents of Montana who take additional undergraduate courses after earning a baccalaureate degree will be charged 120% of the resident undergraduate tuition rate." For the campuses with graduate fee schedules, the post-baccalaureate schedules were equivalent. However, Western Montana College of The UM was adding a fee schedule, and the colleges of technology added post-baccalaureate fee schedules. In addition, the Butte and Helena colleges of technology added WUE schedules.

Interim Commissioner Crofts said because of the manner in which the policy was adopted, some degree of confusion had been created about rationale. The rationale for the 120% for post-baccalaureate courses was not related to or involved with the rationale for a limit on subsidized tuition. Dr. Crofts said many universities throughout the country had recommended that once a baccalaureate degree was earned, continuing beyond that point would incur some type of additional charge. For the Montana University System and many others, that additional charge was the same as that charged for graduate tuition. He said the reason for adopting that amount of additional charge was to ensure that students were not provided with a financial incentive to say they were not graduate students but just wanted to take some more courses. Using the same fee structure as graduate education was to encourage people to go ahead and enter into the graduate programs they were contemplating.

In regard to the second baccalaureate, Interim Commissioner Crofts said the rationale was harder of which to convince people. He said they must fall back on the fact that the institution did incur some additional expense beyond the cost of the course. Those students needed to re-processed, re-advised and handled differently.

Following discussion, Chairman Kaze said perhaps the Commissioner's Office should look at the issue with no predisposed conclusions in mind but to come back with any proposals for modification that were deemed appropriate. If they were decided to be inappropriate, they could discuss the reasons. He said this would provide a better opportunity to consider all the issues.

Interim Commissioner Crofts said approval of the item under consideration would approve a fee schedule that implemented the policy already approved under phase two of the restructuring. Dr. Crofts said his staff would be glad to take a look at the policy to see whether it needed further revisions.

After further discussion, Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 92-003-R0996. The motion passed unanimously.

The Board recessed at 12:00 noon for a lunch with student representatives.

The Board reconvened at 1:20 p.m.

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f. ITEM 92-1602-R0996--Authorization to Negotiate Lease-Purchase Construction of a 16- to 32-Unit Family Housing and Acquisition of the Land on Which to Construct the Units; Western Montana College of The University of Montana

g. ITEM 92-1603-R0996--Property Acquisition; Western Montana College of The University of Montana

George Dennison, President of The University of Montana, said these two items related to prior agreements made by the Regents. The first item related to an RFP (Request for Proposal) process the Regents approved earlier in the year that looked toward construction of either residence halls or family housing on all the campuses of The University of Montana. The second item related to an acquisition zone in Dillon that permitted the institution to work toward acquisition of property in that zone when it came on the market. He said the two items needed to be considered together.

President Dennison said that in any of these acquisitions there was a requirement for two appraisals. He said they were waiting for the two appraisals to come in on this piece of property in the acquisition zone. When those appraisals were received, the approval process required the president and the commissioner, assuming the Board provided preliminary approval, to decide whether the acquisition price was within the appraisal range. With regard to the construction, that would be in the context of an RFP already out. They would be looking at this and any other bid on a competitive basis in accordance with the regulations. He noted that language needed to be inserted into the first item stating that the final proposal would be subject to Regents' approval and the outcome of the previously approved RFP process. In the second item, language should be inserted indicating that final purchase would require two appraisals and the approval of the president and the commissioner.

Following discussion, Regent Conroy moved that the Board concur with the committee's recommendation to approve (1) ITEM 92-1602-R0996 with language inserted stating that the final proposal would be subject to Regents' approval and the outcome of the previously approved Request for Proposal (RFP) process; and (2) ITEM 92-1603-R0996 with language inserted stating that final purchase of the parcel would require two appraisals and approval of the President and the Commissioner. The motion passed unanimously as amended.

h. ITEM 93-2011-R0996--Approval of the Final Bond Resolution for the Issuance and Sale of the Forward Municipal Purchase Obligations, Facilities Improvement and Refunding Revenue Bonds, Series B 1996, in the Amount of $18,995,000; Montana State University--Bozeman

Robert Specter, Vice President for Administration and Finance from Montana State University--Bozeman, said ITEM 93-2011-R0996 was not on the agenda but had been sent to the Regents the previous week. He said the item was simply an affirmation of the Regents' action in 1993 with respect to a refinancing of Series 1986 bonds. The materials they received provided an explanation, but this was bond counsel's request that they reaffirm their 1993 action in light of the Securities and Exchange Commission's ruling on disclosure.

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 93-2011-R0996. The motion passed unanimously.

i. ITEM 92-1007-R0796 (REVISED)--Authorization to Proceed, Series D. 1996 new Money Issue; The University of Montana

j. ITEM 92-1011-R0796--Academic Facilities Fee; The University of Montana

President Dennison said this was a request for preliminary authorization to proceed. The final approval would be required when the pricing occurred. He referred the Board to a document titled "The University of Montana Credit Presentation" (on file) and two agenda items addressing an academic facilities fee: one that proposed imposing a fee on nonresidents only, and one that proposed a fee on all students, both resident and nonresident. President Dennison also distributed a comparison of tuition rates (on file).

President Dennison said this item was a follow-on from the approval process that began at the July 1996 meeting where the Board authorized The University of Montana to proceed with certain elements of a bond issue for 1996. The only addition to the revised version was the classroom and laboratory renovation that included $7 million for classrooms and laboratories on all four campuses. The land acquisition, which related to the prior agenda item, was $135,000. Everything else was the same as the item presented in July.

Referring to The University of Montana's credit presentation, President Dennison said they invited two rating agencies to examine the university's issuance of bonds to see how they were doing and what their credit rating was like. He said the result was a solid "A" uninsured. The point of going out for an uninsured rating was to see whether they were still being sound in their fiscal policies, which the results confirmed. He said they had received a bid for an insured issue of 25.9 basis points, which was very competitive. They would also insure the issue, which meant they would have an AAA rating on this bond issue as they had with the others.

Concerning the addition of $7 million for improvements in classrooms and laboratories, President Dennison said three types of improvements would be made: (1) cosmetic; (2) equipment appropriate to a lab or classroom depending on the type of instruction; and (3) disability access, which meant access to a specific lab or classroom, not to the building. He said the $7 million would be distributed among the campuses based on classroom and laboratory space built prior to 1971. They would have building committees on each campus to work with the architects to define the nature of the projects. Those committee would include students, faculty, and staff.

President Dennison said they had discussions on all the campuses about how to generate the revenue that would allow them to retire the $7 million bonds. An original proposal suggested imposing a fee on nonresident students only, which would be sufficient to generate the revenue needed each year to retire the bonds. Each campus solicited student input through some type of process such as a referendum or student senate discussions. The students ultimately decided that any fee of this type should be imposed on all students, both residents and nonresidents. After careful consideration, President Dennison said he finally decided to recommend they proceed with a fee on all students because that was what the students preferred. If the Regents approved that option, the fee would be $24.21 per semester at Missoula; $25.14 at Montana Tech; $23.19 at Western; and $20.58 at the Helena College of Technology.

President Dennison pointed out that the approval was preliminary. If the Board concurred, they would do a final statement, mail it out the following week, and the pricing would occur October 1. He said a Regent would be present for that, and it would occur only with the approval of the commissioner. At that point, they would place a telephone call.

In response to a question from Regent Davison concerning the ballot questions on the Missoula campus, ASUM President Jason Thielman said both residents and nonresidents had expressed a desire that the fee be assessed to all students and felt that option should be put forward for a vote.

Regent Davison said he believed the taxpayers of Montana had made a substantial investment in education, and he thought it was fair that people moving into Montana to live should carry their fair share of costs for the state's benefits. He understood that the students did not want to be divided by this type of fee, but he emphasized that Montana students had already paid their fair share. He said he was opposed to assessing the fee to Montana students and would vote accordingly. Regent Davison suggested the fee be imposed on nonresident students only.

Regent Green moved that the Board approve ITEM 92-1011-R0996, which would impose an academic facilities fee on all students, both resident and nonresident.

Regent Thompson said the focus needed to be on the students. When students voted in favor of assessing a fee on all students, that could not be ignored. If the students felt it would cause a division on campus, that needed to be considered.

Regent Green pointed out that the buildings were already built. The students using those buildings, both resident and nonresident, were now saying they wanted to pay for their maintenance.

ASUM President Jason Thielman said that via the building fee structure they now had, out-of-state students paid about 50% more than in-state students. If the new fee were to be imposed on nonresidents only, those students would be paying 200% more than in-state students. He said the students of The University of Montana had essentially agreed to tax themselves to ensure that the buildings received the required maintenance, accessibility, and technology.

Chairman Kaze said he was initially persuaded by the logic used by Regent Davison, but he going to concur with the students' request. He said he agreed with Regent Davison, however, on how out-of-state students should be assessed when it came to tuition and said that option was still open.

After further discussion, the Board approved Regent Green's motion to approve ITEM 92-1011-R0996, which would impose the fee on all students, both resident and nonresident. Regent Davison voted against the motion.

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 92-1007-R0796, which would give The University of Montana preliminary authorization to proceed.

Regent Green referred to a resolution (on file) passed by the ASWMC (Associated Students of Western Montana College) that opposed the level of expense proposed for the Residence Hall bond issues and believed it should be scaled down to make it more affordable. Regent Green asked ASWMC President Kris Johnson to respond and asked whether the student senate had a particular number in mind.

Mr. Johnson said they did not have a number in mind but wanted to voice concern with the total cost of education and the concern of the increased cost to live in the residence halls. He said the student senate was opposed to the residence hall construction at WMCUM rather than renovations to the current rooms.

In response to a question from Regent Thompson, President Dennison said that capacity in 1995 was 580, with 382 occupancy. Capacity in 1996 was 580, with 326 occupancy. They were also projecting 326 occupancy in 1997. The proposal looked toward reducing the number of rooms to 464, with 90% occupancy projected toward the end.

Western Montana College Chancellor Sheila Stearns said when they first began to look at the real needs of the dorms, the figure was $12 million. After discussion with the students in the early summer, the figure was lowered considerably to respond to their concerns, although they still thought it was too high. She also pointed out that two years ago the campus conducted a thorough charette of the needs of the residence halls, which included many students. She said it would take at least $4.5 million to accomplish those improvements. She said they wanted things like accessibility, power outlets, data ports, and overall safety and security.

Mr. Johnson said that although campus improvements were a plus, they needed to be careful of the costs.

After further discussion, the Board concurred with the committee's recommendation to approve ITEM 92-1007-R0796. The motion passed unanimously.

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COMMITTEE REPORTS

ACADEMIC/STUDENT AFFAIRS COMMITTEE

The Academic and Student Affairs Committee met at 9:00 a.m. in the Big Butte/Highlands Room of the Student Union Building at Montana Tech. Committee members present included Regents Pat Davison (chair), Mike Green, and Margie Thompson. Chairman Kaze asked Regent Davison to present the committee's report to the full Board.

ANNOUNCEMENTS

The Western Regional Graduate Program Council has approved the admission of the Veterinary Molecular Biology (PhD) program at Montana State University--Bozeman.

The following Level I changes were approved by the Commissioner's Office (September 18, 1996 memo to Board of Regents from Interim Deputy Commissioner for Academic Affairs Stuart Knapp on file):

a. Montana State University--Billings

Change the name of the Department of Communication Arts to "The Department of Communication and Theatre." No programmatic impact due to name change.

b. Montana Tech of The University of Montana

Create a minor in Biology in the Department of Biological Sciences.

c. College of Technology, Montana Tech of The University of Montana

Change the name of the AAS degree program in Environmental Sampling and Hazardous Material Technology to "Environmental Technology."

d. Flathead Valley Community College

Implement an Associate of Applied Science degree in Building Trades in accordance with policy on abbreviated program approval process.

CONSENT AGENDA--SUBMISSION

a. ITEM 92-1009-R0996--Proposal to Offer an Associate of Applied Science Degree in Welding Technology; College of Technology of The University of Montana--Missoula

b. ITEM 92-1010-R0996--Proposal to Offer an Associate of Applied Science Degree and Certificate in Human Services; College of Technology of The University of Montana--Missoula

c. ITEM 92-1601-R0996--Authorization of Associate of Arts Computer Layout and Design Degree; Western Montana College of The University of Montana

Regent Davison said Miles Community College had submitted a resolution (on file) to the committee on behalf of the MCC trustees, faculty, and administration concerning the offering of associate degrees by the public higher educational institutions in Montana. The resolution stated their belief that associate degree programs were most productively offered by the public community colleges and the colleges of technology. Those institutions were focused on the delivery of associate degrees, certificates, and lower-division instruction. The resolution further stated that baccalaureate-granting institutions in Montana should continue to do what they did best with baccalaureate degree programming, while the three community colleges and five colleges of technology continue with what they did best with associate degree programming. According to the resolution, diversification of the missions of the baccalaureate-granting institutions could only serve to lessen the quality of Montana's higher education system. As a result, Miles Community College was encouraging the Board of Regents to reject all new associate degree proposals presented by the six university system institutions that offered baccalaureate degrees.

Miles Community College President Frank Williams said the primary focus of the community colleges and colleges of technology was the associate degree program. Because of that focus, new programs should emanate from those units rather than the institutions offering baccalaureate degrees. Although ITEM 92-1601-R0996 appeared to be a new program, President Williams said he was convinced after talking with Chancellor Stearns and reviewing the program with her that it was basically a program revision instead of a new program.

d. ITEM 92-2006-R0996--Authorization for the Departments of Electrical Engineering and Computer Science to Offer a Bachelor's Degree in Computer Engineering; Montana State University--Bozeman

e. ITEM 92-2852-R0996--Approval to Convert the Approved Certificate Program in Practical Nurse to an Associate of Applied Science Degree Program in Practical Nurse; Montana State University College of Technology--Great Falls [Withdrawn from agenda at request of MSU College of Technology--Great Falls]

f. ITEM 92-2853-R0996--Approval of Proposal to Award the Associate of Applied Science Degree in Bioscience Technology; Montana State University College of Technology--Great Falls

g. ITEM 92-301-R0996--Approval of Proposal to Implement the Associate of Applied Science Degree in Professional Goldsmithing; Flathead Valley Community College

Regent Davison said ITEM 92-2852-R0996 had been withdrawn from the agenda at the request of the MSU College of Technology--Great Falls.

The Board concurred with the committee's recommendation to move ITEMS 92-1009-R0996, 92-1010-R0996, 92-1601-R0996, 92-2006-R0996, 92-2853-R0996, and 92-301-R0996 to the action agenda at the November 1996 meeting.

SUBMISSION AGENDA

a. ITEM 92-1008-R0996--Proposal to Offer a Bachelor of Technology Degree; The University of Montana--Missoula

Regent Davison said this title was similar to the bachelor of applied science at some of the other campuses. They were calling it a bachelor of technology degree instead of a bachelor of applied science degree because of potential conflicts within the campus at The University of Montana. He pointed out that the degree was a 130 credit-hour degree, and the committee questioned whether that was an exception to the 120-hour rule. Since no procedure was in place to address that situation, the committee wanted to bring the issue to the full Board.

Provost Bob Kindrick from The University of Montana--Missoula said the 130 credit hours were being requested because of the general education at the university that every student who receives a baccalaureate degree must complete. He said it was under review, and any changes would be reflected in the degree. He said they also needed to consider what the degree was to accomplish. In terms of unifying postsecondary education under the Regents, these degrees permitted students with associate of applied science degrees to move forward for a baccalaureate degree. Since the university wanted to recognize as much of that applied science credit as possible, they were suggesting a 50-hour component in the degree. Provost Kindrick said they wanted to show everyone that the applied science credits were worthy of transfer.

In the context of the 120-hour rule, Interim Commissioner Crofts said they would have to hold strongly and vigorously on course to get the most possible mileage out of that policy. Once they started accepting things that some might view as marginally part of the exception criteria, they would run the risk of things starting to unravel.

Regent Thompson said they needed to discuss the Board's position in regard to new programs that came forward in excess of 120 credit hours.

Chairman Kaze said they also needed to address exactly what the students wanted in terms of credit hours.

President Dennison pointed out that the degree was different to the extent that many of the students would be individuals who had decided they wanted to get back into the work force as quickly as possible. At some subsequent point, they may want a baccalaureate degree. In view of everything done in restructuring, they ought to keep that as the foremost consideration.

Chairman Kaze said they should use the interim period before the action agenda in November as a period of input from Regents, campus, administrators, faculty, etc.

Regent Davison agreed. He said that's what he envisioned. He also said he would work with Interim Commissioner Crofts on that to bring back some options to the Board.

Following further discussion, the Board concurred with the committee's recommendation to move ITEM 92-1008-R0996 to the action agenda at the November 1996 meeting.

b. ITEM 92-1901-R0996--Approval of Proposal to Offer a Two-Year Associate of Applied Science Degree in Protective Services; Helena College of Technology of The University of Montana

c. ITEM 92-2851-R0996--Approval to Add a Concentration in Fire and Rescue Technology with an Option in Paramedic to the Existing Associate of Applied Science Degree in Emergency Services; Montana State University College of Technology--Great Falls

Regent Davison said ITEMS 92-1901-R0996 and 92-2851-R0996 dealt with protective services in general and, more specifically, with firefighting and training of firefighters. The duplication issue was being addressed by both parties. From what they were seeing, both programs could coexist and provide good services to Montana.

Interim Deputy Commissioner for Academic Affairs Stuart Knapp said they would work out some areas of articulation and cooperation and thought they would be ready for the next Board meeting.

The Board concurred with the committee's recommendation to move ITEMS 92-1901-R0996 and 92-2851-R0996 to the action agenda at the November 1996 meeting.

d. ITEM 92-2008-R0996--Authorization to Establish the NASA-MSU TechLink Center: A Center to Implement a Technology Transfer and Commercialization Program to Access NASA and Other Federally Developed Technologies and Know-How for the Benefit of Companies and Industries in Montana, North Dakota, South Dakota, Wyoming and Idaho; Montana State University--Bozeman

Regent Davison said this item would take advantage of some technology through NASA, implement it, and bring it into the campuses. The center would establish the access and opportunity to participate. Benefits would be received not only within the campus but throughout the state and the northwest.

President Malone said this was entirely a grant-funded operation that was a good addition to Montana's research system.

The Board concurred with the committee's recommendation to move ITEM 92-2008-R0996 to the action agenda at the November 1996 meeting.

e. ITEM 92-2009-R0996--Authorization to Establish the Center for Computational Biology; Montana State University--Bozeman

Regent Davison said this center would have three major goals: research, training, and technology transfer. The center would be funded by a combination of federal, university, and partner funds. It would be a unique worldwide collaboratory that would take advantage of new telecommunication capabilities provided by the Burns Telecommunication Center to enable scientists at MSU and throughout the region to directly access computational capabilities far beyond those currently available.

After further discussion, the Board concurred with the committee's recommendation to move ITEM 92-2009-R0996 to the action agenda at the November 1996 meeting.

f. ITEM 92-2701-R0996--Authorization to Offer a Bachelor of Applied Science Degree; Montana State University--Billings

Regent Davison asked Janie Parke, Provost and Academic Vice Chancellor at Montana State University--Billings, what types of jobs graduates in this degree program would have or seek.

Dr. Parke said most of the students in the program would already be in the workforce. Students completing this degree would probably be looking at management-type postilions in their AAS disciplines. They would envision moving up into a supervisory or management position. She said they would be concerned with professional development.

After further discussion, the Board concurred with the committee's recommendation to move ITEM 92-2701-R0996 to the action agenda at the November 1996 meeting.

g. ITEM 92-2702-R0996--Authorization for the College of Arts and Sciences to Offer a Bachelor of Science Degree in Liberal Studies; Montana State University--Billings

Regent Davison said this degree would build upon a careful assessment of a student's prior learning and proficiency examinations to give credit for knowledge gained through experience or in a variety of educational settings. By doing so, MSU--Billings was seeking to serve Montana citizens by providing enhanced geographical access to higher education at a reasonable cost.

Dr. Parke said this degree was similar to that proposed in ITEM 92-2701-R0996 in the sense that it was viewed primarily as a way for students to complete a degree that would increase the probability of a student being able to enter into a baccalaureate program if they were coming from other universities with an accumulation of courses. This would be degree completion with a broader perspective. Students would be able to take their upper-division coursework, for instance, in perhaps two or three concentrated areas rather than one focus.

After further discussion, the Board concurred with the committee's recommendation to move ITEM 92-2702-R0996 to the action agenda at the November 1996 meeting.

ACTION AGENDA

a. ITEM 92-2005-R0796--Authorization to Establish the Big Sky Institute: A Center to Promote Excellence in Science, Mathematics, Engineering and Technology Education; Montana State University--Bozeman

After brief discussion, Regent Davison moved that the Board concur with the committee's recommendation to approve ITEM 92-2005-R0796. The motion passed unanimously.

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OLD BUSINESS

a. Two-Year Education

Interim Commissioner Crofts said both universities had initiated study efforts to examine the needs, possibilities, and potential for two-year education within their areas, and those reports would be shared with the regents. Interim Deputy Commissioner for Academic Affairs Stuart Knapp and Dr. Jane Karas, Director of Workforce Development, had been working with a committee of two- and four-year campus representatives to address issues related to two-year education. He asked Dr. Karas to give the Board a brief update of the committee's activities.

Dr. Karas said she and Deputy Commissioner Knapp had met with the two-year education committee to discuss a number of issues related to the enhancement and expansion of two-year education. She distributed a handout (on file) that summarized the discussions. Dr. Karas noted that the committee adopted as its vision that two-year education was an integral part of a seamless Montana education system that provided both personal enrichment and access to employment in a competitive global economy and met the needs of employers and students. Dr. Karas continued with a review of the mission, goals, and policy recommendations.

Chairman Kaze emphasized the need for input from other constituencies such as K-12. He suggested that before any policies were brought to the Board, they ought to be shared in advance with those other constituencies.

Dr. Karas said that would be appropriate. She said the committee was ongoing and would also be examining the two studies from MSU and The UM. Although those studies were specifically directed at the regions served by those universities, some issues that crossed the entire system would be addressed.

Referring to the five policy recommendations, Interim Commissioner Crofts said they encompassed significant issues, such as adjusting tuition. To do that and achieve the goals of the collaborative agreements with faculty would require the reallocation of general fund dollars to the two-year institutions. He said they needed to realize that many of the recommendations would address significant and controversial issues.

After further discussion, Dr. Karas said the committee would continue to meet and incorporate suggestions from the Regents and those outlined in Dr. Crofts' May 2, 1996 memo (on file).

Chairman Kaze asked what type of time frame they were looking at.

Dr. Karas said that due to the complexity of most of the issues and the various parties who needed to be involved in discussions, she would envision a final report on two-year restructuring being ready by March 1997.

Interim Commissioner Crofts said that although the March 1997 date could be viewed as an end point, individual components could come forward to the Regents sooner than that.

Chairman Kaze thanked Dr. Karas for her report.

President Dennison distributed an August 28, 1996 report prepared for The University of Montana by MGT of America titled "Needs Assessment of Two-Year Education in Western Montana: Final Report" (on file).

President Dennison referred the Regents to the report's executive summary and recommendations. He specifically noted recommendation #10, which stated that with respect to two-year program development, they ought to emphasize areas where there are unmet needs, such as agriculture, natural resources, recreation, health, protective services, construction, mechanical, and transportation sectors.

After highlighting several other recommendations, President Dennison said they would have more to say about the report at the November meeting but wanted to call the Board's attention to specific items.

President Malone distributed a report prepared by Montana State University titled "Reviewing and Rethinking Two-Year Postsecondary Education in Eastern Montana: A Report of Current and Future Needs" (on file).

President Malone briefly reviewed MSU's report. He emphasized four points: (1) intensive study of general fund distribution between two- and four-year institutions; (2) extensive enhancement of two-year training by distant delivery methods; (3) a systemwide workforce group in partnership with businesses; and (4) a proposal to bring a network among MSU's four campuses to provide ready access to information on all campuses.

b. Summary of Land Board Meeting

Chief Legal Counsel LeRoy Schramm summarized the results of the Land Board meeting held September 16, 1996. The Attorney General said the Land Board should consider three options: (1) do nothing; (2) litigate by going directly to the Supreme Court to receive an answer on the authority question, or the Land Board itself would go forward to seek to void all the titles; and (3) ratification by the legislature. Chief Counsel Schramm said the Attorney General felt they should look toward the future and indicated he would be satisfied if (1) the Regents gave the Land Board some assurance they would follow the procedures for land disposition that were adopted by the 1995 Legislature; and (2) the Regents agreed to look into the relations between them and their foundations and review the appropriate roles and functions of foundations with the system. After comments were heard from people at the meeting, Chief Counsel Schramm said Governor Racicot thought the Land Board should choose not to go forward with the inquiry. The Attorney General did not agree but said he understood it was a close call and said they should be looking toward the future. After lengthy debate, Chief Counsel Schramm said the Land Board agreed that it would not move forward, that the Attorney General would make inquiries into the four or five transactions at Bozeman, and that they would ask the Regents to consider a policy on land disposition that paralleled the new statute and a policy regarding the system's relations with the foundations.

The Board recessed at 4:45 p.m. for a meeting with faculty representatives.

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FRIDAY, SEPTEMBER 20, 1996

The Board of Education (the Board of Regents and the Board of Public Education) met via METNET at 9:00 a.m.

Following the Board of Education meeting, the Board of Regents reconvened on the Montana Tech campus at 10:35 a.m.

NEW BUSINESS

a. Election of Officers

Regent Davison moved that the Board reelect Jim Kaze as chairman of the Board of Regents. The motion passed unanimously.

Regent Conroy moved that the Board elect Regent Davison as vice-chairman of the Board of Regents. The motion passed unanimously.

d. ITEM 92-1501-R0996--Request for Exception to the 120 Credit Hour Undergraduate Degree Requirement for Engineering Programs; Montana Tech of The University of Montana

Dr. Tom Waring, Vice President for Academic Affairs at Montana Tech, made the presentation for ITEM 92-1501-R0996. He said Montana Tech was requesting an exemption to the 120 credit-hour undergraduate degree requirement for engineering programs, which included approval of 128 credits for the engineering science program and 136 credits for the resource engineering programs in petroleum, mining, metallurgical, geophysical, environmental, and geological engineering. Each of those programs previously required from 140-145 credits. Dr. Waring also noted the faculty review was fully supported by The University of Montana academic and administrative leadership, including the provost, the chancellor, and the president.

After showing a series of overhead transparencies, Dr. Waring introduced Dr. Dan Bradley, Dean for Engineering and also the head of the petroleum engineering department. Dr. Waring said Dr. Bradley had responsibilities for petroleum engineering, engineering science, and geophysical engineering. Dr. Bradley had been involved nationally with the Engineering Accreditation Commission and the criteria they were developing for all engineers across the country in relation to what they were looking for in terms of outcome.

Dr. Bradley's presentation was followed by comments from Jim Benner, Vice President and General Manager of North American Resources, a subsidiary of Montana Power Company, and a long-term member of the advisory board; and Dr. Pete Knudsen, Dean of the School of Mines and head of the Mining Engineering Department. Dr. Knudsen also was responsible for geological engineering and metallurgical engineering.

e. ITEM 92-1502-R0996--Request for Exception to the 120 Credit Hour Undergraduate Degree Requirement for the Occupational Safety & Health Program; Montana Tech of The University of Montana

Julie Norman, head of the Occupational Safety & Health program, made the presentation for ITEM 92-1502-R0996, which requested an exemption and approval for 128 credits--a reduction of eight credits from the original 136.

The Board also heard comments from several students who supported granting Montana Tech's exemptions to the 120 credit-hour undergraduate degree requirements.

f. ITEM 92-2007-R0996--Request for Exemption to the 120 Credit Hour Undergraduate Degree Requirement for Engineering and Engineering Technology Programs; Montana State University--Bozeman

David Gibson, Dean of Engineering at Montana State University--Bozeman, made the presentation for ITEM 92-2007-R0996, which requested an exemption and approval of 128 credits for five engineering programs; 128 credits for two engineering technology programs; and 126 for one engineering technology program. Dean Gibson noted the request was endorsed by the Dean of the College of Engineering, the Provost and Vice President for Academic Affairs, and the President.

The Board also heard comments from ASMSU President Jim McCray in support of granting the exemption.

g. ITEM 92-2801-R0996--Approval of Proposal to Request an Exception to the 120 Semester Credit Hour Policy for the Bachelor of Science in Civil Engineering Technology and Electronics Engineering Technology; Montana State University--Northern

MSU--Northern Chancellor William Daehling spoke on behalf of granting the exemption noted in ITEM 92-2801-R0996. He asked that the Board authorize a 124 credit-hour graduation requirement for the Bachelor of Science degrees in Civil Engineering Technology and Electronics Engineering Technology.

Following lengthy discussion on the exception requests, Regent Davison moved that the Board approve ITEMS 92-1501-R0996, 92-1502-R0996, 92-2007-R0996, and 92-2801-R0996. He said he was satisfied they were legitimate exemptions and felt it was appropriate to grant them. He also said he did not think they needed to come back in a year.

Regent Green said he supported Regent Davison's motion. He said the manner in which the engineering programs had gone about the exemption process should serve as a model for all programs coming forward for exemptions. He said they tore apart curriculum, involved advisory boards and employers, and examined everything. Regent Green said it was unrealistic to expect those programs to reduce their credits to 120.

Chairman Kaze said he agreed with the conclusion but noted they were not done yet. The process was ongoing, and the board should be proactive in that respect and not reactive. He said he would continue to encourage that.

After further discussion, the Board unanimously approved Regent Davison's motion to approve ITEMS 92-1501-R0996, 92-1502-R0996, 92-2007-R0996, and 92-2801-R0996.

COMMISSIONER'S REPORT

a. Mission Statements

Interim Commissioner Crofts distributed a September 16, 1996 memo (on file) from him to the Board regarding mission statements from all the campuses. He pointed out that the statements were in draft form and encouraged the Board to review them and send him any comments so he could share them with the campuses. As part of phase two of the restructuring, they had moved away from role and scope statements and toward mission statements.

b. Board Resolutions

Interim Commissioner Crofts referred to the previous day's discussions of the Land Board meeting and said Chief Counsel Schramm had prepared two resolutions to address the Land Board's suggestions to the Regents. The first resolution agreed to prepare a proposed policy for consideration at the November 1996 meeting to address the disposition of university system real property that reflected the procedures for such transactions adopted by the 1995 Montana Legislature. The second resolution agreed to present for the Board's consideration at the November 1996 meeting a proposed task force to review and study the relationships between the Montana University System and their private foundations.

Following discussion, Regent Conroy moved that the Board approve the first resolution concerning the disposition of land (ITEM 92-005-R0996, number assigned after meeting). The motion passed unanimously.

Following discussion, Regent Davison moved that the Board approve the second resolution concerning the relationships between the system and the foundations (ITEM 92-004-R0996, number assigned after meeting). The motion passed unanimously.

Regent Davison said he wanted to emphasize that this resolution was meant to deal with the relationships they enjoyed with the foundations and look to the future in regard to those relationships.

Chairman Kaze asked Interim Commissioner Crofts to make sure the two resolutions were delivered to the Land Board.

CAMPUS REPORTS

a. Academic Restructuring, Western Montana College of The University of Montana

Chancellor Sheila Stearns said this was an information item concerning reorganization of the academic structure within the college to make better use of the process they were following in regard to their collaborative agreement, which involved more evaluation and more integrated work on behalf of the college's programs.

b. Montana State University--Bozeman

President Malone said the campus was notified the previous month that in the recent issue of Money magazine's assessment of universities, Montana State University--Bozeman ranked in the top 15 western universities in quality of education as opposed to cost of instruction. Also, the accounting program at MSU--Bozeman ranked number one in the nation in the CPA pass rate among undergraduate institutions again this year.

c. Montana State University--Billings

Chancellor Ronald Sexton introduced Dr. David Matthew, the new Dean of Academic and Student Support.

d. The University of Montana--Missoula

Provost Bob Kindrick said their computer science program had received full accreditation for a six-year period. They had prepared responses for American Bar Association and American Psychological Association accreditation and were pleased with the responses the departments had generated. He said they were also involved in a multicampus study of graduate education involving remote delivery techniques. They believed this would result in some changes in instructional design and better use of distance delivery.

e. Miles Community College

President Frank Williams distributed the college's new telephone system list. He also announced that Miles Community College trustees had embarked on a student housing project that would house 44 students and had released bids for architects. The $900,000 project would receive a $400,000 low-interest loan from a federal loan project, $400,000 from four banks in Miles City, and $100,000 from the Miles Community College endowments.

Regent Davison asked that the Board get together at some future time to discuss items such as the Board's meeting calendar.

Chairman Kaze said the Regents did not have a workshop in 1996, but this type of item and others could possibly be addressed at a workshop in 1997 following the legislative session.

Chairman Kaze thanked Montana Tech Chancellor Norman and his staff for hosting the Board of Regents' meeting.

With no other business to come before the Board, the meeting adjourned at 12:45 p.m.

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