Jack H. Schuster
Claremont Graduate University
Syllabus
Spring 2008
Education 456: PUBLIC POLICY DIMENSIONS OF HIGHER EDUCATION
Context and Objectives
This seminar seeks to help students to arrive at a better understanding of higher education
through an examination of public policymaking processes in general and selected current public
policy issues that significantly influence the way that American higher education is practiced.
The seminar focuses on public policy as distinguished from policies that are generated solely
intra-higher education (that is, by a campus or a higher education system). (Note in this regard
that "Education 462: Governance and Politics of Higher Education" focuses on institutional
policies and the corresponding internal policymaking/political processes.)
The seminar's basic premise holds that federal and state policies (and, in some instances, local
government policies, too) increasingly are influencing postsecondary education institutions in
substantial ways. Both the public and the independent sectors of higher education are affected,
though the former are shaped by public policy more broadly and more deeply than the latter.
Fundamentally important to our inquiry will be to understand better the authorization and
appropriation processes that we will explore at state and federal levels.
We will examine, in greater or lesser detail, numerous policy issues. Among the innumerable
topics that will continue to receive the attention of public policymakers (in the Legislative and
Executive branches and, in some instances, the Judicial branch, as well) are issues touching on
many aspects of higher education, such as: assessment (meaning, primarily, outcome measures
for undergraduates), access and equity (including hot-button affirmative action issues), faculty
productivity (meaning, primarily, quantitative measures of teaching effort, church-state issues,
college costs, student financial assistance, student indebtedness and the student loan industry,
intellectual property rights, economic competitiveness issues, protection of human subjects,
treatments of lab animals, science facilities and competitiveness, health costs (teaching
hospitals), immigration and other perceived security-related foreign student issues, tax policy
(including R & D tax credits, IRAs for education, tax-exempt bonds for research facilities, etc.),
discrimination issues, retirement-related policies (e.g., ADEA, which addresses age
discrimination, and ERISA), unionization/collective bargaining—and on and on it goes. Beyond
such substantive policy issues as these, there is the increasingly commonplace legislative strategy
of “earmarking” funds—a vexing and controversial phenomenon that now accounts for many
millions of dollars that are appropriated annually and are being scrutinized by the 110th Congress.
This Spring's activities will demonstrate the relevance of public policy in shaping higher
education in many ways. At the federal level, the usual annual struggle over budget and
appropriations (for Fiscal Year ’07) will be supplemented by authorizing legislation in an array
of policy areas of importance to the higher education community, but most importantly the
pivotal reauthorization of the massive Higher Education Act of 1965 and the policy battles that
that process will prompt. The intense competition among presidential aspirants for their party’s
1
nomination will suggest the extent that education/higher education is or is not a priority. With a
Republican Executive Branch and Democratic Legislative Branch, it remains to be seen just what
will be accomplished in this last session of the 110th Congress.
As a backdrop to the federal role, the Commission on the Future of Higher Education (a.k.a. the
Spellings Commission, bearing the name of its convener, U.S. Secretary of Education Margaret
Spelling) this past fall issued its long-awaited report. Its reception was decidedly mixed, and
implementation of any of its key recommendations remains to be seen, especially given the
Democratic Congress. Most important: the Commission did not disappear.
In many states, budgetary shortfalls will squeeze education at all levels, California chief among
them. California likewise features divided party control in Sacramento. As the state (with by far
the nation’s largest K-12 and higher education systems) grapples with innumerable challenges to
equity/access, quality, and infrastructure, we will attempt to sort out the realities and the
possibilities. The sheer number of new students anticipated in the proximate future (“Tidal Wave
II”) and their extraordinary diversity, pose acute challenges to Sacramento policymakers—and
will heavily influence the California political discourse pertaining to higher education. In all,
"competitiveness," "assessment" and "accountability" are terms omnipresent in statehouses and
legislatures across the land. We will try to keep abreast of these consequential developments,
perhaps especially the struggle to salvage as much budget share as possible.
Our seminar begins with some observations about the policy process generally, then moves to an
examination of the respective roles of the states and of the federal government, and next explores
a series of public policy issues and the dynamics of political processes that affect higher
education. Because there are limits to the number of topics that can be covered during a single
semester, this seminar will not address in depth a number of important topics, among them, the
financing of higher education. (A separate seminar—normally taught in summer and to be taught
summer ’08—focuses on the financing of higher education.) Also, the role of the courts will be
touched on, perhaps especially insofar as the judiciary has played—and will play—a crucial role
in dealing with equity-related issues in employment and access.
In sum, this seminar is intended:
 to demonstrate the increasing importance of public policy in shaping higher
education;
 to describe the policymaking process and the politics of higher education, particularly
at the national level;
 to familiarize seminar participants with ways in which colleges and universities
influence the formulation and implementation of public policy;
 to better equip seminar participants, with current or potential responsibilities as higher
education administrators or public policy analysts, to comprehend nuances of the
policy process and to participate more effectively in that process; and
2
 to introduce seminar participants to key State-level “players” and issues via a visit to
Sacramento.
Time and Place: The seminar will meet on Wednesdays from 7:00 to 9:30 p.m. in Harper 1
Format: Most seminar meetings will include lecture material and discussion focused on specific
policy-related issues and questions.
Seminar participants will spend one day in Sacramento (tentatively scheduled for Wednesday,
April 2) to meet with key policymakers in the Legislature, Department of Finance, and the
California Postsecondary Education Commission, as well as higher education
advocates/lobbyists for the public higher education “segments” and for the independent colleges.
Expectations and Responsibilities: Each student will be responsible for, and evaluated on, the
following activities:
1. An essay review, 5-6 pages in length, succinctly summarizing and analyzing one policy area,
preferably (but not necessarily) as treated in two books or articles espousing contrasting
viewpoints. The proposed topic, along with the identity of the proposed books/articles for
review, should be submitted to the instructor by February 13 and the assignment is to be
completed by March 5. The subject of the essay review should not be the same as, or overlap
substantially with, that of the more extensive seminar paper (see examples of topics at pages
7-10).
2. Seminar participation/discussion based on assigned readings and lecture material.
3. A seminar paper, due May 7, approximately 20-25 double-spaced, typewritten pages.
Each student shall develop a one-to-two page prospectus, proposing in some detail a topic
for the paper, including a preliminary list of references; two copies of the prospectus are
due no later than March 26, but preferably by March 12 or even earlier. (N.B.: If you
want to have your paper returned, please submit two copies.)
It is essential that the seminar paper address a public policy issue or issues. The issue(s)
you address should be contemporary--important topics of the day! Generally, you will be
expected to stake out a position on a policy question and to defend it. The range of topics
is virtually inexhaustible; see the attached "Sample of Public Policy Areas Impacting
Higher Education" for some ideas.
Team Projects: Collaborative projects are a possibility in lieu of a seminar paper. This can be
discussed in the early weeks of the seminar.
3
Resources:
The seminar will rely largely on handouts of current materials. An extensive
bibliography will be distributed. In addition, we will read Lester F. Goodchild, Cheryl D.
Lovell, Edward R. Hines, and Judith Gill (Eds.) Public Policy and Higher Education,
ASHE Reader Series (Needham Heights, MA: Pearson Custom Publishing, 1997).
Reading List: A reading list consisting of several dozen items will be distributed. The
bibliography also includes additional background readings.
There likely will be several guest speakers who are authorities on public policy and
higher education.
We will monitor various newsletters, bulletins and legislative updates
issued by higher education associations.
Whereabouts: My office is Harper 215; telephone: 621-8075; e-mail: jack.schuster@cgu.edu
Though I anticipate being in my office on weekday afternoons, you may find it helpful to call first.
4
Spring 2008
Jack H. Schuster
ED 456
SCHEDULE OF SEMINAR MEETINGS
A.
PERSPECTIVE
1.
Jan. 23
The American Nonsystem of Higher Education and
the Public Policy Arena: Is Anyone in Charge? (Well, no.)
Overview of Seminar and Objectives
(ASHE Reader: Introduction Material and Part IA)
2.
B.
C.
Jan. 30
The Process of Policymaking: The Basics
(ASHE Reader: Part IA [cont.] and Parts B and C)
THE ROLE OF THE STATES
3.
Feb. 6
History, Overview, and Selected Issues
(ASHE Reader: Part II, 3 & 6; review McGuinness; Gilley)
4.
Feb. 13
Postsecondary Education in California: The Public Policy Setting, the
Players and the Budget Crunch
5.
Feb. 20
California: The Master Plan in Play and the Rationing Crisis
6.
Feb. 27
California: In the Political Trenches: Representing the Independent
Sector
[Guest: Dr. Jonathan Brown, Association of Independent California
Colleges and Universities]
THE ROLE OF THE FEDERAL GOVERNMENT
7.
Mar. 5
History and Overview: Ambivalence, Instrumentality,
(ASHE Reader: review Rivlin; Gladieux, et al.)
8.
Mar. 12
The Higher Education Act of 1965 and its Progeny, including
“Reauthorization”
[Spring Recess: Week of March 17-21]
5
Spring 2008
Jack H. Schuster
ED 456
9.
D.
Mar. 26
The Distribution of Influence and the Formation of Public Policy at the
National Level
FIELD TRIP TO SACRAMENTO (tentative date)
10.
Wednesday, April 2: California Higher Education: Multiple Perspectives
Tentative flight schedule:
 6:15 a.m., leave ONT, Southwest Airline # 1852
 7:35 a.m., arrive SAC
 7:55 p.m., leave SAC, Southwest Airline # 2282
 9:10 p.m., arrive ONT
E.
F.
SELECTED PUBLIC POLICY ISSUES
11.
Apr. 9
Access and Affordability: (ASHE Reader: Part II, 1 & 2)
12.
Apr. 16
Equity and “Merit”: Affirmative Action, Bakke, California’s Prop.
209, the University of Michigan, and the Current Debate
13.
Apr. 23
Labor-Management Relations: Collective Bargaining, Yeshiva
Revisited, the Public Interest, and Consequences for the Academy
14.
Apr. 30
The “X” Factor: The Public Policy Aspects of Technology/Distance
Learning: (ASHE Reader: Part II, A8)
&
Teaching and the Curriculum: A Non-Public Policy Issue?
(ASHE Reader: Part II, 9 & 10);
(Schuster in J. Bess)
(plus presentation of student papers)
A SUMMATION
15.
May 7 Reflections on Policy Analysis, Policy Analysts, and the Policy Process
and The Outlook for the Higher Education-Public Policy Nexus: An
Agenda
(plus presentation of student papers)
6
Spring 2008
Jack H. Schuster
ED 456
A SAMPLE OF (ALMOST) 50 PUBLIC POLICY AREAS IMPACTING HIGHER EDUCATION
Below are listed some illustrative policy areas, some of them overlapping, (along with, in some
instances, references to related legislation) which students might choose to research for seminar
paper purposes. The topics, to repeat, are merely illustrative but are intended to suggest the range
of areas in which federal and state policies impinge on higher education.
1.
Accreditation
- regional and "specialized" associations that oversee accreditation
(accreditation can be considered a "quasi-governmental" process)
- Council for Higher Education Accreditation (CHEA)
- the federal role
2.
Affirmative Action
- Executive Order 11246, issued 1965, as amended in 1967 by Executive Order 11375 (to
include discrimination on the basis of sex)
- Numerous court cases, e.g., Bakke, DeFunis, Horowitz, Weber,
3.
Age Discrimination
- Age Discrimination in Employment Act (ADEA) Amendments, 1978
- "uncapping" mandatory retirement
4.
Animal Rights (re: lab experiments)
5.
Anti-trust laws (regarding price-fixing)
6.
Assessment, State-mandated
7.
Certificates, Diplomas, Degrees, Regulation of
- Fraudulent degrees/"diploma mills"
8.
"Competitiveness"/Job Training Programs
9.
Consulting: Conflict of Interest
10.
"Community College Reform"
11.
Consumerism
- Students' rights to disclosure
12.
Copyright and Patent
- P.L. 94-553 (1976)
7
Spring 2008
Jack H. Schuster
ED 456
13.
Crime prevention on campus/Campus security
- (Fed.) Campus Crime Awareness and Campus Security Act; Calif.
- (CA) AB3918
14.
Curriculum
- National Foundation on the Arts and Humanities Act, 1965
- Work and Education: Career Education
- Education Amendments of 1974 (Sec. 406)
- Career Education Incentive Act
15.
Data Collection and Maintenance
- NCES/OERI budgets
16.
"Developing Institutions"
- Title III, Higher Education Act
17.
Disabled Students
- Rehabilitation Act, Secs. 503 and 504; Americans with Disabilities Act
18.
"Drug-Free Workplace" legislation
19.
“Earmarking”—special targeted appropriations
20.
Environmental safety
21.
Equal Employment Opportunity
- Title VII, Civil Rights Act of 1964, as amended by the Equal Employment Opportunity
Act of 1972 and subsequent amendments
22.
“Homeland Security” issues affecting higher education, especially student visas
23.
Immigration (Immigration Act of 1990; NAFTA)
24.
Intercollegiate Athletics (especially anti-trust issues; reporting of graduation rates; Title IX)
25.
Intellectual Property Rights
26.
International Students/Scholar Exchange Programs (and security-related issues)
8
Spring 2008
Jack H. Schuster
ED 456
27.
Labor-Management Relations/Collective Bargaining
- National Labor Relations Act, 1935 (Wagner Act); Labor-Management Relations Act,
1947 ((Taft-Hartley); Labor-Management Reporting and Disclosure Act, 1959
(Landrum-Griffin)
- Various state enabling acts authorizing collective bargaining for public employees
28.
Licensure of professions and other occupations
29.
Military Education
- Education programs on military bases
- Subsidy of advanced degrees for military personnel
30.
National Service
31.
Occupational Safety and Health
- Occupational Safety and Health (OSHA) of 1970, as amended
32.
Privacy, Right to
- "Buckley Amendment"
33.
Proprietary Sector, Regulation of
34.
Retirement Benefits
- Employment Retirement Income Security Act (ERISA) of 1974
- Social Security (employer contribution)
35.
Research: Classified and Sensitive Research on Campus
36.
Research: Protection of Human Subjects; "Animal Rights"
37.
Research: Boundaries of Permissible Research
- Recombinant DNA; Genetic Engineering
38.
Research: Patterns of Funding
- Concentration versus dispersion by discipline; by type of institution; by state/region
- Basic versus applied research
39.
Research: Administrative Cost Allowances; Overhead/Indirect Costs
40.
Sex Discrimination and Sexual Harassment Policies
- Title IX, Education Amendments of 1972
9
Spring 2008
Jack H. Schuster
ED 456
41.
Social Security Education Benefits
42.
Standardized Testing, Regulation of
43.
Substance Abuse Policies
- Drug Free Schools and Communities Act, including 1989 Amendments
44.
State Coordination of Higher Education
45.
Student Financial Assistance
- Title IV, Higher Education Act
- Tuition Tax Credit Proposals
- Post-doctoral support
- Student loan default reduction
46.
Taxation Policy
- Tax Reform Act of 1976 (P.L. 94-455)
- Tax Reform Amendments of 1986
- Charitable deductions
- Tax treatment of educational assistance, including: scholarships, awards, graduate
teaching and research assistantships
- Taxability of faculty housing subsidy as income
- Unrelated Business Income Tax (UBIT)
- Social Security exemption
- IRAs for education
47.
Veteran's Benefits
- progeny of the “G.I. Bill”
48.
Higher Education Act Reautorization
49.
The Spellings Commission
10