AUTHORIZATION OF DISTRICT OF COLUMBIA PUBLIC LIBERAL ARTS AND JUNIOR COLLEGES (S. 293 and S. 1612) MONDAY, MARCH 14, 1966 U.S. SENATE, SUBCOMMITTEE ON PUBLIC HEALTH, EDUCATION, The subcommittee met at 9 a.m., pursuant to call, in room 6226, Senate Office Building, Senator Wayne Morse (chairman of the subcommittee) presiding. Present: Senators Morse and Kennedy. Also present: Chester Smith, staff director; Richard Judd, professional staff member. Senator MORSE. The hearing will come to order. As chairman of the Subcommittee on Public Health, Education, Welfare, and Safety, I wish to express my sincerest apology for not finding the necessary time long before now to schedule hearings on S. 293 and S. 1612. Both bills establish a public junior college and a 4-year liberal arts college for the District of Columbia. The pace that the chairman of this subcommittee has had to keep in recent months on other matters vital to the interests of this Nation, has precluded my holding hearings on this legislation, as I would have desired to have done early last year. As most of you probably already know, I introduced legislation to establish these public institutions of higher learning for the District of Columbia on March 5, 1964. I introduced the legislation, S. 3081, late in the 2d session of the 88th Congress. This was done in order that public officials and interested groups within this community would have an opportunity to study and discuss the legislation prior to the 1st session of the 89th Congress. On January 6, 1965, I reintroduced a similar bill, S. 293. On March 25, 1965, Senator Bible introduced in the Senate, by request of the administration, S. 1612. I am pleased that the administration saw fit to pattern S. 1612 closely to the bill I introduced in 1964 and 1965. I am also pleased that several distinguished members of the Senate have cosponsored my bill, S. 293. They are: Senators Clark, Douglas, Gruening, McGee, McIntyre, Mrs. Neuberger, Kennedy of New York, Tydings, Yarborough, Young of Ohio, and Prouty. I wish to have incorporated in the hearing record at this point S. 293 and S. 1612. I also request that there be printed at this point in the hearing record a statement I made in the Senate when I introduced S. 293 on August 5, 1964. (The documents referred to follow :) [S. 293, 89th Cong., 1st sess.] A BILL To authorize the establishment of a public community college and a public college of arts and sciences in the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Public Higher Education Act". SEC. 2. As used in this Act (a) The term "public college of arts and sciences" means an institution of higher education established pursuant to this Act and which is organized and administered principally to provide a four-year program in the liberal arts and sciences acceptable for a bachelor's degree, including, but not limited to, courses in teacher education, and such additional program of study as may be acceptable for a master's degree, and courses on an individual, noncredit basis to those desiring to further their education without seeking a degree. (b) The term "public community college" means an institution of higher education established pursuant to this Act and which is organized and administered principally to provide a two-year program which is acceptable for full credit toward a bachelor's degree or for a degree of associate in arts, which program shall include, but shall not be limited to courses in business education, secretarial training, and business administration, and courses in engineering, mathematics, and the physical and biological sciences which are designed to prepare a student to work as a technician and at a semiprofessional level in engineering, scientific, and other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, and which college also provides courses on an individual, noncredit basis for persons desiring to further their education without seeking a degree. (c) The terms "Board of Higher Education" and "Board" mean the Board of Higher Education established by section 3 of this Act. (d) The term "Board of Education" means the Board of Education of the District of Columbia established by the Act of June 20, 1906 (34 Stat. 316), as amended (D.C. Code, sec. 31-101 et seq.). SEC. 3. (a) The control of the public college of arts and sciences and of the public community college is hereby vested in a Board of Higher Education, which shall consist of nine members of whom not less than five shall have been residents of the District of Columbia for a period of not less than five years immediately prior to their appointments. The members of the Board (including all members appointed to fill vacancies on such Board) shall be appointed by the judges of the United States District Court for the District of Columbia from a panel of nominees submitted to such judges pursuant to subsection (b) of this section. Such members shall be appointed for terms of six years; except that the terms of office of the members first taking office shall expire, as designated by the said judges at the time of appointment, three at the end of two years, three at the end of four years, and three at the end of six years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term. Members of the Board shall serve without compensation, and may be removed in the same manner as that provided for members of the Board of Education under section 2 of the Act of June 20, 1906 (34 Stat. 316), as amended (D.C. Code, sec. 31–101). (b) There is hereby established a committee to be known as the Board of Higher Education Nominating Committee, which shall consist of seven members of whom not less than four shall have been residents of the District of Columbia for a period of not less than five years immediately prior to their appointments. The members of the Committee shall be appointed by the judges of the United States District Court for the District of Columbia for terms of six years; except that the terms of office of three of the members first taking office shall expire, as designated by the said judges at the time of appointment, at the end of three years. Members of the Committee shall serve without compensation, and shall be subject to removal in the same manner as that provided for members of the Board of Education. The Committee shall elect a Chairman and a Vice Chairman from among its members. It shall be the duty of the Committee, as soon as practicable following the enactment of this Act, to submit to the said judges a panel of not less than twenty-seven nominees for consideration as initial ap pointees to the Board and to thereafter submit to the judges, in connection with any vacancy on the Board, a panel of not less than three nominees for consideration by such judges in filling that vacancy. (c) The Commissioners of the District of Columbia and the Board of Education may furnish to the Board of Higher Education, upon request of such Board, such space and facilities in public buildings of the government of the District of Columbia, records, information, services, personnel, offices, and equipment as the Commissioners and the Board of Education determine are available to enable the Board of Higher Education properly to perform its functions. SEC. 4. (a) The Board of Higher Education shall, at such time as may be mutually agreed upon by the Board and the Board of Education, merge the District of Columbia Teachers' College (established pursuant to the Act of February 25, 1929 (45 Stat. 1276; D.C. Code, sec. 31-118)) into the public college of arts and sicences. At the time of such merger, all personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available to, or to be made available to, such Teachers' College shall be transferred to, and shall be under the control of, the Board of Higher Education. (b) Notwithstanding any other provision of this Act, the laboratory schools in the District of Columbia shall remain under the control and management of, and the employees assigned to such schools shall remain subject to the supervision of, the Board of Education. SEC. 5. (a) The Board of Higher Education is hereby vested with the following powers: (1) To prepare plans for the establishment of a public college of arts and sciences (including the selection of a site), and, subject to the provisions of subsection (b) of this section, to establish, organize, and administer such college; (2) To prepare plans for the establishment of a public community college (including the selection of a site), and, subject to the provisions of subsection (b) of this section, to establish, organize, and administer such college; (3) To fix, from time to time, tuition and fees to be paid by residents and nonresidents attending any such college, which tuition and fees shall be deposited to the credit of the general revenues of the District of Columbia. Tuition and fees charged nonresidents shall be fixed in such amounts as will, to the extent feasible, approximate the cost to the District of Columbia of the services for which such charges are imposed; (4) To appoint, for a term of four years, a president for the public college of arts and sciences and a president for the public community college; (5) To appoint, promote, demote, transfer, suspend, or dismiss such administrative, educational, or noneducational employees of any college established pursuant to this Act as the president thereof may recommend in writing; (6) To accredit junior colleges operating in the District of Columbia; (7) To award appropriate degree and certificates of completion of courses of study in the colleges established pursuant to this Act; and (8) To make such rules and regulations as the Board deems necessary to carry out the purposes of this Act. (b) No action shall be taken with respect to the actual establishment of any college authorized under this Act prior to the expiration of ninety calendar days (which ninety days shall not include days on which either the Senate or the House of Representatives is not in session because of an adjournment of more than three calendar days to a day certain) after the plans for such college have been submitted to the Congress. (c) The Board of Higher Education shall annually on the first day of October transmit to the Commissioners of the District of Columbia an estimate in detail of the amount of money required for the colleges established pursuant to this Act for the ensuing year, and the Commissioners shall transmit the same in their annual estimate of appropriations for the District of Columbia, with such recommendations as they may deem proper. SEC. 6. All obligations and disbursements for the purposes of this Act shall be incurred, made, and accounted for in the same manner as other obligations and disbursements for the District of Columbia. SEO. 7. (a) Subchapter 1 of chapter 18 of the Act of March 3, 1901 (31 Stat. 1280), as amended (D.C. Code, sec. 29-401-29-419), is amended (1) by striking out "Board of Education" wherever it appears in such subchapter and by inserting in lieu thereof "Board of Higher Education", and (2) by adding at the end thereof the following new section: "SEC. 586g. As used in this subchapter, the term 'Board of Higher Education' means the Board of Higher Education established pursuant to the District of Columbia Public Higher Education Act." (b) Nothing contained in the amendment made by this section shall be construed as affecting the validity of any license issued by the Board of Education prior to the date of the enactment of this Act. [S. 1612, 89th Cong., 1st sess.] A BILL To establish a Board of Higher Education to plan, establish, organize, and operate a public community college and a public college of arts and sciences in the District of Columbia, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Public Higher Education Act of 1965". (a) The term "Commissioners" means the Commissioners of the District of Columbia sitting as a board or their authorized agents. (b) The terms "Board of Higher Education" and "Board" mean the Board of Higher Education established by section 3 of this Act. (c) The term "Board of Education" means the Board of Education of the District of Columbia established by the Act approved June 20, 1906 (34 Stat. 316), as amended (D.C. Code, 1961 ed., sec. 31-101 et seq.). SEC. 3. (a) There is hereby established as an agency of the District of Columbia, a Board of Higher Education, hereafter referred to as the Board. (b) The Board shall consist of not less than nine nor more than fifteen members, as the Commissioners shall from time to time determine, who may be employees of the United States or the District of Columbia. The Board shall be appointed by the Commissioners after consideration of nominees submitted in accordance with subsection (e), and a majority of whom shall have been for three years immediately preceding their appointment or designation bona fide residents of the District of Columbia. The Commissioners shall designate one of the members as Chairman. (c) The terms of the members of the Board shall be of such uniform length as the Commissioners may determine except that the terms of the initial members may be varied to provide such pattern of staggered terms as the Commissioners may determine. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term. (d) The Commissioners shall have the power to remove any member of the Board at any time for adequate cause, which relates to his character or to his efficiency as a member, after notice and opportunity for hearing. (e) The Commissioners shall establish a nominating committee, consisting of such number of members serving for such terms as the Commissioners shall from time to time determine, which shall submit for the Commissioners' consideration in making appointments under subsection (b) at least three nominees for each vacancy which may exist on the Board. A majority of the members of such committee shall have been for three years immediately preceding their appointment bona fide residents of the District of Columbia. (f) The members of the Board shall serve without compensation, but may be reimbursed for their travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons serving the Government without compensation. (g) The members of the Board shall not be personally liable in damages for any official action of the Board in which such members participate, nor shall they be liable for any costs that may be taxed against them or the Board on account of any such official action by them as members of the Board, but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits against the municipality; nor shall the Board or any of its members be required to give any bond or security for costs or damages on any appeal whatever. SEC. 4. The Board is hereby vested with the following powers and duties: (a) To develop detailed plans for and to establish, organize, and operate in the District of Columbia (1) a public college which will provide a program in the liberal arts and sciences, including, but not limited to courses in teacher education, leading to a bachelor's degree, and such additional program of study as may lead to a master's degree, and courses on an individual, noncredit basis for those desiring to further their education without seeking a degree. (2) a public community college which will provide programs generally extending not more than two years beyond the high school level including, but not limited to (a) programs leading to a degree of associate in the arts or for full credit toward a bachelors degree, (b) programs designed to prepare students to work as technicians and at a semiprofessional level in engineering, scientific, health-related and other technological fields, and (c) programs designed for individuals desiring to further their education without seeking a degree. (b) To establish policies, standards, and requirements governing admission, programs, graduation (including the award of degrees) and general administration of the colleges. (c) To employ and compensate without regard to the Civil Service Act or the Classification Act of 1949, as amended, a president and other officers for each of the colleges established pursuant to this Act and such educational employees for such colleges as the presidents thereof may recommend in writing: Provided, That subject to the approval of the Commissioners, the compensation schedules for these officers and employees shall be fixed and adjusted from time to time consistent with the public interest and in accordance with rates for comparable types of positions in like institutions of higher education. The Board, upon the recommendation of the presidents of the colleges, shall establish, with the approval of the Commissioners and without regard to the provisions of any other law, retirement and leave systems for such employees which shall be comparable to such systems in like institutions of higher education. (d) To employ and compensate in accordance with the civil service laws and the Classification Act of 1949, as amended, noneducational employees of the Board and of the colleges established pursuant to this Act. (e) To establish and determine, from time to time, with the approval of the Commissioners: (1) fees to be paid by students (including charges for room and board, and receipts from such fees shall be deposited into a revolving fund in a private depository in the District, which fund shall be available without fiscal year limitation for such purposes as the Board of Higher Education of the District shall approve, and the Board of Higher Education is authorized, with the approval of the Commissioners, to make necessary rules respecting deposits into and withdrawals from such fund; and (2) tuition rates (a) for residents and (b) for nonresidents, and receipts from tuition shall be deposited to the credit of the General Fund of the District of Columbia. (f) To transmit annually to the Commissioners estimates of the appropriation required for the colleges established pursuant to this Act for the ensuing year. (g) Subject to the approval of the Commissioners, to accept services and moneys, including gifts or endowments, from any source whatsoever, for use in carrying out the purposes of the Act. Such moneys shall be deposited in the Treasury of the United States to the credit of a trust fund account which is hereby authorized and may be invested and reinvested as trust funds of the District of Columbia. The disbursement of the moneys from such trust funds shall be in such amounts, to such extent, and in such manner as the Board of Higher Education, in its judgment, may determine necessary to carry out the purposes of this Act. (h) To submit to the Commissioners recommendations relating to legislation affecting the administration and programs of such colleges. (i) To make such rules and regulations as may be necessary and to carry out such other activities as may be required to achieve the purposes of this Act. (j) To assume control of the District of Columbia Teachers College established pursuant to the Act approved February 25, 1929 (45 Stat. 1276; D.C. Code, sec. 31-118) from the Board of Education at such time as may be mutually agreed upon by such Boards and approved by the Commissioners. At such time per |