… would a faculty member proudly proclaim his commitment to pro bono work because …

  • he’s assisting the poor at his local legal aid office
  • he’s representing children as part of a CASA program
  • he’s working with a death penalty innocence project

… no, he’s handling appeals as an Assistant U.S. Attorney for the Western District of Virginia.  He says: “This appointment enables me to direct my commitment to pro bono work toward public/government service at a time when the District is in need of help.”

Unless things have changed dramatically since I worked for the federal court system, the only things surer than the Fourth Circuit’s affirmance of a criminal conviction or sentence (unless the judge did something crazy like depart downward from the Federal Sentencing Guidelines) are … death and taxes.

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Yesterday I addressed two lessons that West Virginia higher education institutions could learn from Harvard University’s endowment implosion.  Today I will focus on two more from the Vanity Fair article.

Lesson No. 3: Operate at a level you can afford.

Former Harvard University President Larry Summers remarked:  ”There is a temptation to go for what is comfortable, but this would be a mistake.  The universities have matchless resources that demand that they seize the moment.”  And seize the moment he did, building large buildings that would need to be maintained at greater and greater expense, increasing faculty and faculty salaries significantly, and making major new investments in the sciences, in large part from revenues generated from endowment proceeds.  His goal apparently was to make 21st century Boston the equivalent of 15th century Florence (his words, not mine).  Making Harvard’s financial situation more precarious, the new President Drew Gilpin announced a major new “college access” initiative to ensure that no student coming from a family with an income of less than $180,000 (poverty levels being different for Harvard families than for normal families) would be charged more than 10 percent of the family’s income for tuition.

While West Virginia has no institution that has spent as extravagantly as Harvard, it does have at least one institution that has seen operating expenses exceed operating revenues for several years – West Virginia State University.  There are several explanations for the situation in which WVSU finds itself, but it’s a situation that definitely needs to be corrected.

Lesson No. 4: Make meaningful budget cuts.

The Vanity Fair article includes a humorous discussion of some of Harvard University’s cost-saving strategies.  Early on, for instance, the author notes that free coffee for faculty, staff and students is no more at one Harvard facility.  Much later the author notes that most operating expenses are for personnel.  While it’s important to make reasonable reductions in costs from every line item in a budget, where possible, anyone who knows anything about higher education knows that far more than half and as much as 75 or 80 percent of higher education operating revenues are expended for personnel, benefits and related costs.  Like many higher education institutions, Harvard is ill-equipped to make personnel-related reductions.

In overseeing West Virginia higher education finance (against my will and in spite of repeated pleas to be relieved of the responsibility) for a number of years, I quickly learned that there’s really only one way to balance a higher education budget – by reducing staff.  If you’re savvy, you analyze vacancies and strategically realign staff over time rather than lay off people.  You can cut office supply budgets, training budgets, turn the lights off at night, etc. and won’t save nearly as much as you would by liquidating one or more positions – and the office supply and training and electricity costs associated with those positions.  Yet I repeatedly hear West Virginia higher education institutions claiming that they will be able to achieve significant cost savings in these other areas.  It’s not true.

It never ceases to amaze me how private and public policy often work together to help the rich get richer and the poor get poorer.  In their educational arms race to improve U.S. News and World Report rankings, many private institutions have adopted  merit-based, instead of need-based, financial aid policies.

Incredibly, many of these institutions – in a throwback to long-discredited trickle-down economic theories – argue that such policies will help poor students in the long run by allowing them to attract more funds and do more for poor students.

In a recent study appropriately titled “Keeping Up with the Joneses,” a Wake Forest economics professor explodes that myth.  Not the slightest bit surprisingly, such institutions enroll smaller shares of Pell grant recipients and African-American students ten years after adopting such policies.

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Sometimes policy makers create more problems and greater unfairness in efforts to incentivize higher education institutions to do the right thing than they would by leaving well enough alone.  So it is with the current House of Representatives’ proposal to reform the way in which Perkins loan program funds are distributed to institutions.

Problem No. 1: Institutional tuition rates are spinning out control.

House Solution: Distribute more Perkins funds to schools that keep their tuition low in comparison to comparable institutions.

Problem with Solution: The higher tuition rates are in your institution’s particular sector the more money you’re going to get if you keep tuition rates low.  So private four-year institutions, which charge the most as a sector, would get the most money – almost half of the available funds – followed closely by public four-year institutions.  Bringing up the rear would be community colleges, which, as a sector, have done the best job of keeping tuition rates low.  Despite accounting for more than 25 percent of institutions and an even higher percentage of students, they would receive only 7.1 percent of the incentive funds.

Problem No. 2: Institutions don’t devote enough internal funds to students with financial need.

House Solution: Distribute more Perkins funds to institutions that provide more need-based financial aid.

Problem with Solution: Institutions that have more resources available to offset tuition costs – the rich – would get richer, while the poor – you guessed it, community colleges – would receive little or nothing.  Making matters worse, merit aid, going to offset high tuition costs would count under the formula.

If you think the federal government is the only entity mismanaging financial aid distributions, look at West Virginia Higher Education Grant distribution data over the last decade.  I fought for five years to change its distribution methodology, which rewarded traditional students at the expense of non-traditional students and high tuition schools at the expense of low tuition schools, and succeeded in part only this past year.  I will be curious to see if the changes we made change educational outcomes.

Let’s hope Congress – in trying to incentivize colleges to do the right thing – doesn’t produce the same types of illogical outcomes the West Virginia Higher Education Grant Program did for many years.

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While attending law school, I had an opportunity to explain to an Associate Dean exactly how I would go about improving the law school’s U.S. News and World Report ranking, an issue over which he had been obsessing.  Basically, I went down the scoring criteria one by one and explained what logically could be changed and how difficult and/or costly it would be to make the change.

Today higher education institutions are light years ahead of me in scheming new ways to improve their U.S. News rankings.  Three of my favorites as reported over the last few months:

  • SAT Scores. Schools at which a student can avoid having his or her SAT/ACT score considered during the admissions process do not report the scores for such students and thus inflate their institutional SAT/ACT averages dramatically.
  • Class Size. Because U.S. News measures the proportion of classes with fewer than 20 students, Clemson University keeps some sections at 18 or 19 while bumping others to 70.
  • Reputation. Clemson University officials down-rank other institutions’ academic programs while up-ranking their own in reputational surveys.

I wonder if it’s hard to regulate student cheating at such institutions where the administrators also cheat.  Fortunately, or unfortunately, few West Virginia institutions compete seriously in the world of U.S. News rankings …  and as we will be reminded again very soon, some don’t even bother to participate in more meaningful ranking systems.

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