New Issue Brief: Public Universities Should Answer to the Public

Model legislation that can restore the balance between faculty autonomy and public accountability

NEW YORK, NY – Public universities are not private associations. They are chartered by the state, funded by taxpayers, and entrusted with educating students in the public’s name. This public mandate includes an expectation of accountability. Yet at many institutions, the decisions that shape campus culture and academic direction the most—from curriculum requirements to tenure-track hiring to leadership appointments—are made through opaque internal processes that are largely insulated from meaningful public oversight.

That insulation is often defended as “shared governance” and faculty autonomy. But as boards retreat from oversight or decline to exercise authority they already possess, public universities become more insular and less responsive to the public interest that justifies their taxpayer investment to begin with.

In a new Manhattan Institute issue brief, John Sailer, Director of Higher Education Policy, and Tal Fortgang, Legal Policy Fellow, argue that state legislatures should clarify governing boards’ responsibilities and expand board oversight of core academic and personnel decisions. With the aim of restoring a balance between faculty expertise and civic and educational obligations, Sailer and Fortgang also provide accompanying model legislation for states to adopt to improve their processes.

This Higher-Education Accountability and Governance Act includes:  

• Public review and annual reauthorization of the core curriculum, requiring boards to certify at public meetings that general-education courses are foundational, civically relevant, and consistent with core liberal-arts and preprofessional disciplines;

• Board approval of tenure-eligible faculty job postings, with required online public notice at least 30 days prior to the board meeting;

• Public vetting and board approval of senior administrators including presidents, provosts, and deans, along with annual review tied to qualifications and demonstrated commitment to civic formation and engagement with a wide array of ideas;

• Explicit limits on faculty senates and similar bodies, restricting them to an advisory role and requiring greater transparency in deliberations that bear on curriculum and institutional leadership.

Click here to read the full issue brief and model legislation.