Meanwhile, back at the North Dakota Legislature:
In the embarrassing cluster of foolish legislation stinking up the capitol, the attempt to erode college faculty tenure ranks right up there among the most irresponsible. Not only is it a solution looking for a problem that does not exist, it also sends a signal to top-tier educators and researchers across the nation to avoid the state’s university system campuses. Looking for a welcoming, stimulating place to teach and/or do cutting edge scientific investigation and humanities scholarship? Don’t come here. Looking for a system that values (and understands) academic freedom and encourages a broad-based liberal education? Don’t come here.
Supporters of the legislation apparently do not take seriously the provision in the state’s constitution that mandates the State Board of Higher Education exercise “full control and administration of (the colleges)” and has “full authority over the institutions under its control.” “Full control” and “full authority.” Pretty clear. That obviously means legislative manipulation of tenure requirements violates the constitution.
North Dakotans’ instinct to protect the campuses from political interference – the Legislature and the governor – goes back to the 1930s. In 1938 the governor fired the president and others at North Dakota State University (then the state agricultural college) over conflicts about experiment station funding and after the school lost accreditation. Responding to the governor’s heavy handed behavior, voters passed an initiated measure that established the independent higher ed board. The motivation for the board was an employment dispute, so it follows that legislators cannot interfere in hiring, firing and conditions for employment, such as tenure.
If the foundational purposes of the board are not clear to overreaching lawmakers, they should remind themselves about more recent attempts to weaken the board’s authority, all of which were turned back by voters. That includes several attempts to close smaller campuses. Indeed, one of those efforts resulted in bringing newer schools that were not in the constitution under constitutional protection.
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The bill under consideration, HB 1446, is a threat to not only the board’s constitutional autonomy, but also to the accreditation of individual schools. There is precedent: North Dakota State University lost accreditation in 1938 because of political meddling. The current board and chancellor oppose the bill, but their opposition has been muted and essentially ineffective. The board is among the weakest in recent years, and the chancellor often acts more like a tool of the Legislature rather than a strong advocate for higher education.
There have always been anti-higher ed members in the Legislature. They have seldom prevailed. And when they occasionally did, the voters slapped them down. Slow learners, I guess. House Bill 1446 is a misguided, punitive measure that should be rejected when it gets to the Senate. If it’s not, Gov. Doug Burgum, who at least gives lip service to the value of higher education, should use his veto. Failing that, voters still have the referral option.
Zaleski retired in 2017 after 30 years as The Forum’s editorial page editor. He is the author of a new history of Forum Communications Company . Contact him at jzaleski@forumcomm.com or 701-241-5521 or 701-566-3576.
This column does not necessarily reflect the opinion of The Forum's editorial board nor Forum ownership.
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