North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1446

Introduced
1/18/23  
Report Pass
2/17/23  
Engrossed
2/21/23  
Refer
3/3/23  

Caption

A program for tenured faculty review at institutions of higher education; to provide for a legislative management report; and to declare an emergency.

Impact

The enactment of HB 1446 would significantly reform how faculty tenure is managed and evaluated within institutions in North Dakota. This entails a shift towards increased accountability for tenured faculty, with provisions allowing institutional presidents to conduct reviews of faculty performance. Moreover, a president's decision to not renew a contract for non-compliance must be publicly justified, which enhances institutional oversight but may also generate tension between faculty members and administration. Overall, the bill aims to promote more effective teaching and student outcomes, establishing a framework that aligns faculty duties with institutional missions.

Summary

House Bill 1446 proposes the establishment of a structured program for the review of tenured faculty at institutions of higher education under the jurisdiction of the state board of higher education. The bill mandates the implementation of a four-year program focused on improving the tenure process in selected campuses while establishing clear duties and responsibilities for tenured faculty. These responsibilities include engaging in activities that aim to enhance student retention and success, taught with baseline academic loads. As part of the program oversight, schools must provide periodic updates to the legislative management, culminating in a final report by the end of 2026.

Sentiment

Discussion surrounding HB 1446 has elicited mixed sentiments. Supporters argue that this bill is essential in ensuring that tenured faculty are meeting their institutional responsibilities and are held accountable, thereby benefiting both students and the educational integrity of institutions. However, critics express concerns it may create a punitive environment for faculty, compromising academic freedom and leading to potential abuses in performance evaluation. The overall sentiment reflects a balance of promoting academic standards while safeguarding faculty rights.

Contention

Notably, HB 1446 introduces elements that could centralize power in the hands of institutional presidents regarding tenure evaluations. This change raises concerns about varied interpretations of faculty responsibilities and the potential for subjective reviews. Opponents of the bill cite fears that it undermines faculty autonomy and may lead to an environment of stress and instability among tenured staff. Moreover, the bill's assertion that decisions made by the presidents are not reviewable by faculty could inhibit personal recourse against perceived unfairness, inciting debates about governance and academic due process.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2003

The naming of the Bismarck state college polytechnic center; to authorize the state board of higher education to issue and sell bonds for capital projects; to provide for a transfer; to provide for the conveyance of real property; to provide for a legislative management higher education funding review committee; to provide for a legislative management study; to provide for a report; to provide legislative intent; to provide an exemption; and to declare an emergency.

ND HB4164

Relating to sexual misconduct at institutions of higher education; declaring an emergency.

ND HB3456

Relating to sexual misconduct at institutions of higher education; and declaring an emergency.

ND SB2343

State board of higher education policy; and to provide for a legislative management report.

ND HB3731

Relating to reporting by institutions of higher education; and declaring an emergency.

ND HB3564

Relating to higher education; and declaring an emergency.

ND HB1179

A BILL for an Act to provide for a legislative management study regarding paid time off for the faculty at an institution of higher education.

ND SB2004

The powers and duties of the state auditor and the salary of the state auditor; to provide for a legislative management study; to provide for a legislative management report; and to declare an emergency.

ND HB1003

Matching grants for legal education and the workforce education advisory council; to provide for a transfer; to provide for a legislative management study; to provide loan authorization for the Mayville state university old main project; to provide for a report; to provide an exemption; to provide legislative intent; and to declare an emergency.

ND SB18

Relating to the tenure and employment of faculty members at certain public institutions of higher education.

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