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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 275   View pdf image (33K)
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HIGHER EDUCATION IN THE MARYLAND CONSTITUTION

"In a dynamic society, there is real
need for a degree of responsiveness to
new developments on the part of
every institution and governing board
within the State. This responsiveness
must be created in such a way as to
leave the institution free from a bind-
ing, hard and fast status quo situation
and free, as well, from the possibili-
ties of capricious change. Those who
oppose constitutional autonomy con-
clude that under these circumstances
statutory safeguards would seem to
be more fitting than constitutional
provisions to ensure the degree of
autonomy the University and state
colleges shall have to function ade-
quately in fulfillment of their purposes.
COORDINATION AND RESPONSIVENESS
TO STATE NEEDS

"As in any dynamic society, ques-
tions and issues arise as to the best
way in which public institutions of
higher learning may respond to chang-
ing individual and societal needs
while at the same time preserving the
basic purposes and integrity of those
institutions.
"Every ad hoc Commission since
1921 leading up to the present statu-
tory Advisory Council has pointed out
the need for responsiveness of indi-
vidual institutions to over-all state
needs. For instance, the Marbury
Commission report in 1947 pointed
out (p. 5) that 'although the existing
institutional pattern cannot be ig-
nored in appraising the services of the
State in higher education, the states-
man-like development of plans must
not consider the welfare of individual
institutions as a primary or important
purpose of higher education. Instead,
the institutional organization must be
constantly adjusted Jo the needs of the
State. This may at times require the

establishment of new institutions,
modification in the pattern of existing
institutions, or even the complete dis-
continuance of some that can no
longer contribute effectively to meet-
ing state needs.'
"Although the intent of many of
the ad hoc commissions has been to
provide freedom and flexibility for
administrative action, no mention has
been made of the need for constitu-
tional autonomy to achieve this pur-
pose. . . ."
The Council summed up its view-
points with the admonition that
"those considering the inclusion in
the Constitution of the sections per-
taining to higher education should
take into account the desirability of
broad-based rather than detailed
statements. The Council also wishes
to emphasize its belief that no matter
what the degree of autonomy granted
and the manner in which it is pro-
vided, it is essential that the concept
'in accordance with law' be safe-
guarded and actually incorporated
into the wording of the provision."
A firm stand in favor of establishing
autonomy for higher education through
a provision in the State constitution is
presented by the Board of Trustees of
the State Colleges who feel that the
growth and development of the state
college "is most likely to remain respon-
sive to the public interest if constitu-
tional autonomy is granted."
The Board of Trustees of the State
Colleges stated:
"Our argument is that three goals
for constitutional consideration — re-
sponsive democracy, effective and effi-
cient government, and respect for
traditions — can be obtained by pro-
275

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 275   View pdf image (33K)
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