State Board of Community Colleges

The Board was given a report on Performance Measures. The SBCC has adopted 12 performance measures that are used to assess community college accountability. In addition, six of the performance measures are used in the implementation of performance funding.

On a motion by Mr. Middlesworth, seconded by Mr. Watkins, the Board approved to adopt the following resolution:

Whereas, The North Carolina Community College System, the institution designated by the North Carolina General Assembly as "the primary lead agency for delivering job training, literacy and adult education programs in the State", has experienced unprecedented enrollment growth in fiscal year 2001-02, serving over 15,900 additional full-time equivalent students; and,

Whereas, The North Carolina Community College System is currently in the process of registering adults for the fall 2002 Semester in the face of uncertainty over the funding sufficient to meet the educational needs of students, and when final action may be forthcoming to adjust the fiscal year 2002-03 budget; and,

Whereas, adults that register for instruction for the fall 2002 Semester need a clear indication of the expected cost of attendance at a community college within the North Carolina Community College System, including the per credit hour charge for tuition; and,

Whereas, The North Carolina General Assembly has, in General Statute 115D-39, empowered the State Board of Community Colleges to "fix and regulate all tuition and fees charged to students applying to or attending any institution" and the increased tuition collected by community colleges goes into the general fund of the State; to be allocated to those colleges by action of the General Assembly; and,

Whereas, The State Board of Community Colleges has never exercised its authority to increase the per credit hour charge for tuition, preferring to keep tuition as low as practicable to insure student access, and deferring to actions of the North Carolina General Assembly in establishing the per credit hour charge for tuition; and,

Whereas, the General Assembly, having in place a Biennial Budget is not required by law to pass a Budget Adjustment Act during the current session; and,

Whereas, absent legislative action to allocate tuition increases which may be approved by the State Board, those dollars go into the General Fund with no guarantee that they will benefit the colleges or their students; and,

Whereas, there is an inherent danger in the State Board approving a tuition increase without knowing that that increase will ultimately be useable by community colleges to support the enrollment growth;

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE STATE BOARD OF COMMUNITY COLLEGES THAT: When the Appropriations Committees of the North Carolina Senate and the North Carolina House of Representatives have each approved an identical increase in the per credit hour charge for tuition, the State Board, even though final action of the General Assembly has not occurred, the Finance Committee of the State Board of Community Colleges is authorized to give final approval to fixing the tuition for community college students for the next academic year at rate agreed to by the two houses of the General Assembly and thereafter, community colleges shall collect that tuition as if it had been finally approved by the General Assembly, to be allocated by the State Board to the several colleges on a pro rata basis for enrollment growth; and,

BE IT FURTHER RESOLVED THAT: If the General Assembly thereafter adjourns without taking final action to approve a Conference Report resolving the differences in the budgets passed by the respective house, that tuition increase by this action is by this action immediately null and void and repealed ab initio and the same shall be refunded to all students who have paid the same.

BE IT FURTHER RESOLVED THAT: This action by the State Board is not meant to set a precedent, but is precipitated by the necessity of providing adults registering for classes certainty about their cost of attendance, and preventing unnecessarily complicated collection procedures.

2. Initiate the Rule-Making Process to Adopt Rule 2D.0201 of Title 23 of the North Carolina Administrative Code as a Temporary Rule Subject to Approval of the Office of Administrative Hearings

On a motion by Mr. Hans, seconded by Dr. Fountain, the Board approved to initiate the Rule-Making Process to amend Title 23 of the North Carolina Administrative Code to amend Rule 23 NCAC 2D.0201. Adopt Rule 23 NCAC 2D.0201 as proposed to be amended as a Temporary Rule subject to authorization of the General Assembly and approval of the Office of Administrative Hearings (Authority to establish tuition and fees).

3. Initiate the Rule-Making Process to Adopt Rule 2E.0405 of Title 23 of the North Carolina Administrative Code as a Temporary Rule Subject to Authorization of the General Assembly and Approval of the Office of Administrative Hearings

On a motion by Mr. Hans, seconded by Mr. Norman, the Board approved to initiate the Rule-Making Process to amend Title 23 of the North Carolina Administrative Code to adopt proposed Rule 23 NCAC 2E.0405. Adopt Proposed Rule 23 NCAC 2E.0405 as a Temporary Rule subject to authorization by the General Assembly and approval of the Office of Administrative Hearings (Training for public safety officers)

4. Initiate the Rule-Making Process to Adopt Rule 2D.0202 of Title 23 of the North Carolina Administrative Code as Amended as a Temporary Rule Subject to Approval of the Office of Administrative Hearings

On a motion by Mr. Hans, seconded by Ms. Steiner, the Board approved to initiate the Rule-Making Process to amend Title 23 of the North Carolina Administrative Code to amend Rule 23 NCAC 2D.0202. Adopt proposed Rule 23 NCAC 2D.0202 as proposed to be amended as a Temporary Rule subject to authorization of the General Assembly and approval of the Office of Administrative Hearings (Tuition and fees for curriculum programs)

On a motion by Mr. Hans, seconded by Ms. Pinnix-Ragland, the Board approved the 2003-2005 System Plan-Summary of Planning Council/Critical Challenges/Goals/Objectives.

The Board was given a report on In-Plant Training Courses approved in the period January, February, and March 2002.

The Board was given a report on 2001 Passing Rates for Nursing Graduates of the NCCCS.

The following community colleges requested and received approval to offer the programs listed: (A55370) Community Spanish Interpreter-Cleveland CC & Durham Technical CC; (D55370) Community Spanish Interpreter-College of The Albemarle; (C55160) Cosmetology Instructor- Cleveland CC & Isothermal CC; (A5522A) Early Childhood Associate/Special Education-Brunswick CC, Craven CC, & Fayetteville Technical CC; (A5522B) Early Childhood Associate/Teacher Associate-Asheville-Buncombe Technical CC, Brunswick CC, Central Carolina CC, Cleveland CC, College of The Albemarle, Fayetteville Technical CC, Forsyth Technical CC, Haywood CC, James Sprunt CC, Roanoke-Chowan CC, Sampson CC, Surry CC, Wayne CC, Wilkes CC, and Wilson Technical CC.

The Board will be asked to approve the Basic Skills State Plan Revision for years 4 and 5 (program years 2002-2003 and 2003-2004) of the State Plan.

The Board will be asked to approve the curriculum programs at the colleges listed on the condition that equipment funds are available to the colleges and operating funds generated by the budget formula will permit the offering of the programs without any special allocation of funds: Central Piedmont CC (A25___) Database Management and Isothermal CC (A5032_) Manufacturing Technology/Composites.

3. Curriculum Standard Revisions

The Board will be asked to approve revisions to the following curriculum standard: Catawba Valley CC (C50400) Upholstery Production Worker/Cutting, Sewing, and Pattern Making. The Board will also be asked to approve the following new certificate program: Catawba Valley CC (C5040_) Upholstery Production Worker/Spring-Up and Upholstery.

4. Curriculum Program Terminations

The Board will be asked to approve the following curriculum program terminations: Asheville-Buncombe Technical CC (C50120) Electronic Servicing Technology, Caldwell CC and Technical Institute (A35100) Air Conditioning, Heating, and Refrigeration Technology, Carteret CC (C45600) Phlebotomy, College of The Albemarle (A25400) Real Estate, (C25420) Real Estate Appraisal, (A25440) Travel and Tourism, and Johnston CC (A15180) Floriculture Technology, (A40220) Geographic Information System/Global Positioning System Technology, (A60160) Automotive Systems Technology.

5. Cooperative Agreement Revision Between the North Carolina Community College System and the North Carolina Department of Correction on Programming of Correctional Education

The Board will be asked to approve revisions to the Cooperative Agreement between NCCCS and NCDOC on Programming of Correctional Education. The purpose of the Cooperative Agreement is to establish in writing an understanding of responsibilities of the NCCCS and the NCDOC for providing education and training to inmates, probationers, and parolees in North Carolina. The current edition of the Agreement was approved in August 2000. In an effort to meet the changing needs of both DOC and NCCCS, the Interagency Committee agreed to make necessary revisions to the Agreement and the Committee is requesting State Board approval of those revisions.

On a motion by Ms. Turnage, seconded by Ms. Hayes, the Board approved the following curriculum program application on the condition that equipment funds are available to the college and operating funds generated by the budget formula will permit the offering of the program without any special allocation of funds: Wake Technical CC (A25___) High Performance Computing.

On a motion by Ms. Turnage, seconded by Ms. Steiner, the Board approved the following curriculum standard revision: Catawba Valley CC (C50200) Furniture Production Worker.

On a motion by Mr. Middlesworth, seconded by Mr. Norman, the Board approved to adopt the following resolution:

Whereas, the North Carolina Community College System has been successful in training and retraining the workforce of North Carolina because it is accessible and responsive to the needs of workers in the state; and

Whereas, that accessibility is mandated by action of the General Assembly in GS ll5D-5(b) which states that "In order to make instruction as accessible as possible to all citizens, the teaching of curricular courses and of noncurricular extension courses at convenient locations away from institution campuses as well as on campuses is authorized and shall be encouraged"; and

Whereas, one of the greatest strengths of community colleges is the ability to develop and offer programs to meet community, business and industry needs with little red tape and with little delay so as to meet the demands of industry being recruited to the community; and

Whereas, students in the Community College System are non-traditional: older, working, with family responsibilities, etc. and thus are unable to leave their work and drive to a community college in a county some distance from their homes and work; and

Whereas, if the System is to meet the need to train and retrain those students with special needs, programs important to those students and to the business and industry in their home county demand that these programs be available in the community; and

Whereas, the State Board of Community Colleges takes pride in their support of and strict adherence to policy set by the General Assembly; and

Whereas, the Session Laws of l993 provide that the State Board "shall require all new programs it approves be developed using a regional approach"; and

Whereas, GS ll5D-5(f) provides that the State Board "shall report on an annual basis to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the Joint Legislative Commission on Governmental Operations, and the Advisory Budget Commission on all new programs it approved during the year. The report shall include the specific reasons for which each program was approved."; and

Whereas, every effort is made to assure a regional approach is taken in the development of new programs, but that many programs by their nature must be offered on many if not all campuses in order to meet the mandate of accessibility and to meet the needs of students, business and industry; and

Whereas, this demand to be both accessible and regional in its approach makes it difficult to meet both mandates of the General Assembly; and

Whereas, because of the concern that program proliferation might be excessive and costing the State money in a time of limited resources, the Chairman of the State Board established a Task Force in May to study the program approval process and to determine if more programs might be regionalized and established that Task Force before the General Assembly itself began to focus on that same issue; and

Whereas, that Task Force reported to the State Board on July l8 that of the 247 curriculum programs offered, 81 are offered at only one college, 21 are offered at only two and 20 are offered at only three; that five programs are offered at all 58 colleges (college transfer, Business Administration, Early Childhood Education, Information Systems, and Office Systems Technology); other programs offered at multiple sites include Nursing and Basic Law Enforcement; 176 programs are collaborative programs offered by two or more colleges which share faculty, equipment and clinical sites; and based on those findings reaffirmed the efficacy of the current approval system as responsive to student, business and industry needs and demands; and

Whereas, the General Assembly has before it for consideration at this time a special provision in the Appropriation Adjustment Act of 2002 which would require that "all new programs it approves be developed using a regional approach unless there are extreme extenuating circumstances" and further provides an elaborate reporting process before new programs could be put in place; and

Whereas, to subject all programs to such a process will greatly restrict the State Board’s ability to be responsive to requests for approval of new programs to meet business and industry needs and that inability will do irreparable harm to economic development efforts of the State which demand quick action when recruiting a new or expanding industry; and

Whereas, to require all programs to be regional will greatly reduce accessibility of programs much needed by parents and working students who will be unable to travel significant distances to enroll.

NOW, THEREFORE, BE IT RESOLVED by the North Carolina State Board of Community Colleges that the General Assembly give consideration to studying further the impact of requiring that all new programs of the System be regional and to studying the relative importance of accessibility versus some costs saving from reducing the number of programs through regionalization before mandating that requirement.

This the 19^th day of July, 2002.

____________________________

James J. Woody, Jr., Chairman

State Board of Community Colleges

____________________________

H. Martin Lancaster, President

North Carolina Community College System

The Board was given the Bond Project Status Report-Ongoing Projects as of June 30, 2002.

The Board was given a report on Estimated Receipts as of June 30, 2002.

3. HUB Related Activities Report

The Board was given a Historically Underutilized Businesses (HUB) Related Activities Report.

4. Legislative Update

The Board was given a Legislative Update by Mr. Kennon Briggs.

5. "DRAFT" 2003-05 Consensus Budget

The Board was given a draft copy of "The 2003-05 Consensus Budget Request-A History of Unfunded Needs and Under-funding."

The Board was given a report on the actual collections and allocations of House Bill 275 funds for fiscal year 2001-02.

The Board was given an update on the readiness to go live for Phase 2A Colleges

The Board will be asked to give approval to the 2002-2003 College Budgets.

On a motion by Mr. Watkins, seconded by Mr. Middlesworth, the Board approved a request from the Finance & Capital Needs Committee that the Committee be allowed to meet and take action regarding the Community College Budget should the General Assembly adopt a budget before the next scheduled meeting of the SBCC.

On a motion by Mr. Watkins, seconded by Mr. Norman, the Board approved to accept recommendations 1, 2, and 3 on page six of the report "Fee Studies-A Survey to Determine Needed Changes in the Establishment of Additional Fees."

On a motion by Mr. Watkins, seconded by Mr. Middlesworth, the Board approved to accept the report "Fee Studies-Student Activity Fees-Follow-Up" and that the report be given to Brandon Johnson (SBCC Member & N4CSGA President) and that Mr. Johnson take the report to the N4CSGA and receive comment and feedback on the report from student members of that organization and report the students comments to the SBCC.

On a motion by Mr. Watkins, seconded by Mr. Norman, the Board authorized projects at Beaufort County CC, Blue Ridge CC, Brunswick CC, Coastal Carolina CC, Durham Technical CC (2), Fayetteville Technical CC, Haywood CC, Roanoke-Chowan CC, Rockingham CC, Sandhills CC, Southeastern CC (2), Surry CC, Wake Technical CC (3), and Wayne CC.

On a motion by Mr. Watkins, seconded by Mr. Middlesworth, the Board authorized the acquisition and disposal of real property at Carteret CC, Davidson CC, Fayetteville Technical CC, Guilford Technical CC, Tri-County CC, and Wake Technical CC. The request for acquisition and disposal of real property at Halifax CC was not approved.

5. Contractual Services-Web Portal Services (College Information System Project)-Contract Amendment (ACS)

On a motion by Mr. Watkins, seconded by Mr. Middlesworth, the Board approved a contract amendment with Affiliated Computer Services (ACS) for web portal services from TimeCruiser, Inc. for the college information system for 2002-03 through 2003-04.

On a motion by Dr. Fountain, seconded by Ms. Pinnix-Ragland, the Board convened in closed session for the discussion of personnel matters.

On a motion by Dr. Fountain, seconded by Treasurer Moore, the Board approved Dr. J. Larry Keen as Vice President for Economic & Workforce Development, effective September 1, 2002.

2. Approval of Interim Vice President for Economic & Workforce Development

On a motion by Dr. Fountain, seconded by Treasurer Moore, the Board approved Chuck Barham as Interim Vice President for Economic & Workforce Development for the month of August 2002, with a five percent salary increase.

3. Approval of Interim President of Robeson Community College

President Lancaster’s report was delivered to the SBCC. The text of his report is available on the NCCCS Web site.

CHAIR’S REMARKS, James J. Woody, Jr.

Appointed a Committee to develop the SBCC Meeting Calendar for 2003. Norma Turnage will chair this Committee. Chet Middlesworth and Sandra Hayes will also serve on this Committee.

Informed the Board Members that because the regular dates of the September SBCC Meeting conflicted with the National Trustees Association Meeting, the SBCC Members were polled and the majority voted to move the September Meetings up one week. Therefore, the September 2002 SBCC Meetings will be held September 12-13, 2002 in Raleigh.

Advised the Board Members that they can now file for travel reimbursement expenses.

Reminded the Board Members that the dates of the next SBCC Meetings are August 15-16, 2002, in Raleigh.

By acclamation, the Board adjourned at 11:10 a.m.

Agenda attachments referenced in this document were previously mailed and therefore are not attached to these minutes. If copies are needed, please contact the Office of State Board Affairs, North Carolina Community College System, 200 West Jones Street, Raleigh, NC 27603-1379, (919) 733-7051.