ࡱ> @ abjbjצצ +Y11181LF2Lըh22"222333xzzzzzz=R~zM33MMz22NNNM"22xNMxNN422 vݣ1Mȝ>x0ը  N^ |4 D43o<NNB G 333zz^diN"^MARYLAND SENATE BUDGET AND TAXATION SUBCOMMITTEE ON EDUCATION, BUSINESS AND ADMINISTRATION UNIVERSITY SYSTEM OF MARYLAND OFFICE TESTIMONY OF USM CHANCELLOR WILLIAM E. KIRWAN FRIDAY, MARCH 13, 2009 Chairman Kasemeyer, Vice-Chairman Madaleno, and members of the Committee, I am pleased to join you today in support of the ĢƵ (USM) Offices budget. I want to begin by reiterating a few of the points I made when testifying in support of the overall University System budget. First and foremost, I once again want to thank Governor OMalley and the members of this committee for supporting the ĢƵ. We are proud of the productive relationship we have forged with the leadership in Annapolis to advance our mutual priorities. As you know, Governor OMalley's proposed budget for FY 2010 includes $1.1 billion in state support for the ĢƵ. This represents a modest increase of 1.9 percent, or $27.3 million$16 million to freeze tuition for in-state, undergraduate students for a fourth consecutive year and $11.3 million towards increases in our mandatory costs. As I noted when I testified on the entire USM budget earlier this year, Maryland, the United States, and the world are facing a once-in-a-life-time economic upheaval. The USM has stepped forward to shoulder our share of the burden. USM absorbed a total of $76 million in cuts to our FY 2009 budget. In response we: Implemented system-wide hiring controls; Reduced funds for facility renewal projects; Reduced student services & academic program support; Drew upon our fund balance; And initiated system-wide furloughs. Similarly, this ethic of shared sacrifice continues as we approach the austere FY 2010 budget: Enrollment growth plans will be put on hold but demand will rise; Some key programmatic enhancements at our institutions, such as biomedical engineering and workforce development, will be delayed; Our goal of tripling the output of STEM educators will be negatively impacted; And there will be no pay increases for USM faculty and staff. Nevertheless, given the economic circumstances, USM is extremely pleased with its proposed budget and will do all we can to advance our mutual priorities of quality, access, and affordability. As Pat noted, the USM Office performs a number of vital coordinating functions. In addition, the USM Office continues its key role in advancing the three key strategic priorities I laid out before this committee last year: Enhancing the states global competitiveness, especially in the STEM areas; Intensifying our efforts to close the achievement gap; And expanding our role in fostering environmental sustainability. These are areas I have identified as needing particular attention during my remaining time as USM Chancellor. They are also areas in which the USM has a unique abilityand unique obligationto lead. Finally, they serve to underscore the fact that an investment in higher education is especially important under the current economic and employment circumstances. Enhancing Competitiveness The USM Office is coordinating our system-wide efforts to ensure Marylands competitiveness. To advance this initiative and bring greater focus to our efforts, I appointed two task forces this past fall. The first, The Presidential Task Force on Research and Economic Competitiveness, was chaired by University of Maryland, College Park President Dan Mote. This task force was charged with identifying specific areas of research where USM institutions have a competitive edge and which could impact our states economic growth. The Task Force was also asked to identify and recommend remedies for the weaknesses in the systems and states ability to transfer research results into economic activity. The second task force was called the Presidential Task Force on the STEM (Science, Technology, Engineering, and Math) Workforce, and it was chaired by Towson University President Bob Caret. This task force was charged with focusing on strategies to ensure Maryland has a strong STEM workforce, with special attention to the production of K-12 STEM teachers. President Motes task force has provided proposals for research centers of excellence as well as proposals to empower university-driven economic development. The essence of this task force report is an agenda that will enable the USM and the State to take better advantage of the more than $1 billion of academic research and development performed by USM research institutions annually. President Carets task force looked to enhance growth in the STEM fields in four key areas: Increasing STEM graduates; Increasing STEM teachers; Increasing retention of STEM majors; And increasing current knowledge base of STEM educators. The task force recommendations involve the USM, the State, and the private sectorworking independently and togetherto expand both the availability of and the funding for STEM programs. The USM Office also has a significant role to play, especially in coordinating our STEM efforts. Last fall the National Science Foundation awarded the USM a five-year, $12.4 million grant to enhance STEM teaching and learning experiences in Prince George's County schools. Called MSP-Squared--Minority Student Pipeline Math Science Partnership--the project will address one of the most pressing state and national issues in education: the underrepresentation of minorities in STEM fields of study and professions. Working with core partner Prince George's County Public Schools, the USM Office of Academic Affairs, Bowie State University (BSU), University of Maryland, College Park (UMCP), University of Maryland Biotechnology Institute (UMBI), and Prince Georges Community College will coordinate the project's multi-level strategy to enhance teacher development and student experiences in the sciences. Closing the Achievement Gap The MSP-Squared grant will also serve to advance our efforts in addressing the achievement gap; the gap in college participation, retention and graduation rates between low income and under-represented minorities on the one hand and the general student population on the other hand. Each USM campus has identified the institution-specific factors that lead to the gaps in academic success rates, and developed strategies to address these factors. Implementation began this past fall, with the goal of reducing the academic success achievement gaps by one-half by 2015 and eliminating the gaps altogether by 2020. I am pleased to note that the USM does well in this area relative to our peers. Five ĢƵ institutions--Bowie State University; Coppin State University; University of Maryland, College Park; University of Maryland Eastern Shore; and University of Maryland University College--have been ranked in the nation's Top 100 African-American undergraduate degree producers by Diverse Issues in Higher Education. But there can be no doubt that more needs to be done. Low-income students, first-generation students, and students of color represent a rapidly growing proportion of Marylands college-age population. At the same time, the rate at which these students go to college, stay in college, and graduate from college remains well below the rate of the student body at large. Last fall, the USM launched another initiative that will further advance our efforts along these lines. Way2GoMaryland is a new information campaign to motivate and encourage more students to begin preparing for college early. The campaign is targeting middle-school students and their families, with a particular focus on students who will be the first in their families to attend college as well as students from non-traditional and under-represented groups. Way2Go Maryland is designed to help students and their families navigate the processes of college preparation as well as college and financial aid applications successfully. The campaign also seeks to encourage more students to embrace the fact that college is both desirable and possible. Sustainability Finally, the USM is leading on the vital and complex issues of Environmental Sustainability and Climate Change. By developing policies, practices, and programs that promote environmental stewardship and sustainable practices across the USM, we will make the university system a national leader in institutional responses to this challenge With every USM president signing on to the American College & University Presidents Climate Commitment, our campuses have begun the process of completing an inventory of the institutions greenhouse gas emissions to determine their carbon footprint in order to develop and implement a climate neutral plan within two years. In addition, the commitment calls upon our campuses to integrate sustainability into the curriculum and make it part of the educational experience. In addition, last year I appointed Don Boesch, president of the University of Maryland Center for Environmental Science (UMCES), as Vice Chancellor of Environmental Sustainability for the USM. Don is coordinating our activities in this area in order to advance specific, measurable goals. Many campuses are going the extra mile toward sustainability, with greater energy efficiency, green practices, new educational programs focused on environmental concerns, new research initiatives to combat global warming, and many other efforts. Just as it has taken your support and commitment for the USM to advance the goals of access, affordability, and quality, so will it take your support and commitment for us to advance forward in these key areas. I look forward to working with you in partnership as we make progress for the future of Maryland. Turning now to the Legislative Analyst Recommendations for the USM Office: Response to Legislative Analysis Recommendation Recommended Actions: Add the following language to the unrestricted fund appropriation: , provided the appropriation herein for the ĢƵ Office (USMO) shall be reduced by $1,754,533. USMO shall allocate the reduction of $1,754,533 to the ĢƵ at Hagerstown. Authorization is hereby granted to transfer $172,000 to the Maryland Higher Education Commission budget code R62I0007 by budget amendment for the purpose of providing funding for a Hagerstown Regional Higher Education Center. Explanation: The language reduces the funds allocated to the ĢƵ at Hagerstown (USMH) by $1.8 million. USMH should be funded according to the same strategy used to fund non-USM Regional Higher Education Centers (RHEC). In the fiscal 2010 allowance, RHECs are expected to be funded at 26.8% of the full funding level, so Hagerstowns total funding would be $172,000. This amount is authorized to be transferred to the Maryland Higher Education Commission to be used to fund a RHEC at Hagerstown. Recommendation 1. Response: The USM strongly disagrees with the DLS recommendation. The USMs Hagerstown regional higher education center (USMH), which opened in January 2005, is the newest higher education center in Maryland, but already the states third largest in terms of enrollment. Designed specifically to help address the education and workforce training needs of the western Maryland region, USMH, through the support of the System and its institutions, local business and education leaders, and the state, has grown in four years to enroll more than 450 students in 21 undergraduate, graduate, and certificate programs offered by six ĢƵ (USM) institutions. In addition to providing students from Hagerstown and Frederick community colleges with the option of continuing their education at the baccalaureate level and beyond within their own community, the center also serves as a focal point for local businesses, schools, and nonprofit organizations in the region, partnering with them to provide a variety of outreach events and community service activities. Finally, USMH serves as a model for smart growth initiatives in both Maryland and nationally, and contributes to the economic renewal and revitalization of the City of Hagerstown. In creating the Hagerstown center, the Systems Board of Regents drew on the successful administrative and academic model the System had created for its regional center at Shady Grove. In addition to allocating $1.8 million of funding to seed and support the centers programs, the Board of Regents (BOR) has also worked to build program offerings and increase student enrollment by incentivizing growth and encouraging USM institutions to work cooperatively to develop programs. The undergraduate and graduate programs in nursing and social work offered at USMH, including, coming this fall, an innovative doctorate in education, which is jointly being developed and sponsored by UMCP and Frostburg, are just a few examples of the success the USM and the BOR have had in these efforts. These are programs that are designed to fulfilland indeed are fulfillingwork force needs in the region. They are also programs that are costly to support and complex to negotiate and administer. Without the financial, administrative, and coordinating role of the USM and the Board of Regents, these programs would not exist at USMH. Separating the center from USM would remove the incentive of the System and the majority of its institutions to work cooperatively to bring out such programs and address the education and workforce needs in the region. Let me speak frankly, we believe that the DLS recommendation, if enacted, would effectively undermine the relative success and stability of the Hagerstown center. It would stall ongoing growth at the center in terms of both students and programs. It would weaken the centers governance structure and remove it from the USMs planning and coordination process. It would eliminate a key source of institutional incentives to bring new programs out, particularly those that require significant and sustained investment in faculty and facilities (such as nursing and technology). More importantly, by reducing funding to the level recommended, we believe the result would be, in all likelihood, the closure of the facility. Purchased from the City of Hagerstown for $10.00 in 2004, the Baldwin House property has had over $15.4 million invested in it by the state and USM for design, construction and equipment. The facilitys operating costs, which include fuel and utilities, exceed $700,000. A cut in the centers budget on the order of magnitude recommended by the analyst would result in the facility, which was built by the State of Maryland and is owned by the USM, being closed. That action, in turn, would impact the entire community: students, businesses, and civic organizations. Following a January 2008 visit to the Hagerstown Center, former Maryland Governor Parris Glendening was quoted in the local paper as having said, Hagerstown is a successful national model of smart growth.... The campus helped stimulate the city's downtown. It's exactly what we predicted... Blight breeds blight ... [a vacant building] would be a cancer or blight right in the middle of an extraordinarily successful national model. The current DLS recommendation if adopted would effectively reverse the progress made to date. Adopt the following narrative: Institutional Aid Report: The committees request that data be submitted for each ĢƵ (USM) institution on all categories of institutional aid (need-based, merit, mission, and athletic). Data on tuition remission should be submitted as a separate category. The report should be in the same format it is submitted to the Maryland Higher Education Commission and include prior year actual, current year working, and allowance. The report should be submitted with the budget request and allowance. Recommendation 2. Response: Concur; pending changes to the language that move the submission date to January 1 annually. ĢƵ Office Audit Findings Finding 1: Certain significant contract provisions related to the transfer of approximately $197 million in endowment funds by the Office to the University of Maryland Foundation for investment were not adhered to. ĢƵ comments: The finding identifies 3 separate recommendations relating to the Common Trust Fund: development of an investment policy ensuring the USMF has the University System named as a third-party beneficiary on its contracts with fund managers, and the timely filing of investment reports agreed to in the legislation enabling the investment management of the Common Trust Fund by the USM Foundation Investment Policy The Investment Policy in place prior to the consolidation of the Common Trust Fund investment management under the UMF dealt with Board of Regents considerations in directly investing the funds. Benchmarks for individual investment manager performance standards were identified, as well as the proportions of the portfolio to be invested in stocks and bonds. Contractually assigning the responsibilities for investing the Common Trust Fund to the UMF means that the Systems investment policy needs to establish performance standards that the Regents will use in assessing the UMF performance, as well as provide for an updated and contemporary set of provisions for the possibility that the Regents may decide to change investment management responsibilities to return to the University System or change to another entity. This is a significant increase in complexity of the Investment Policy. The System Office is working with the USMF staff to identify a performance standard that is consistent with the way the portfolio is being managed, and satisfies Board of Regents objectives for the Common Trust Fund. The Foundation has reviewed its investment performance with the Board of Regents Finance Committee, and the Finance Committee is pleased that the Foundation performance has been superior to previous benchmarks and also has been better than the majority of other colleges and universities that participate in the annual National Association of College and University Business Officers survey of endowment fund portfolio investment performance. Third-party beneficiary designation The USMF has not included the System as a third-party beneficiary in contracts with investment managers. In discussions with Foundation staff, it is uncertain that the requirement of naming the System as a third-party beneficiary on all of its contracts is possible. The System and the Foundation are examining and rethinking that provision of the contract and intend to adjust the agreement to satisfy both the Systems needs for assurance that its funds are protected, as well as include a requirement that is possible in the context of the Foundations investment approach and its managers. Submission of annual investment performance reports Annual reports of investment performance as called for in legislation have been filed and will be completed in a timely fashion beginning with fiscal year 2009. Finding 2: Cash receipts were not adequately controlled. ĢƵ comments: The System Office has made the necessary changes in process and comments on control of cash receipts should not appear in future audit reports. Finding 3: Controls on critical ĢƵ Academic Telecommunications Systems (UMATS) management servers were inadequate. ĢƵ comments: Access to those servers will be severely limited to just those Internet addresses needed for the service. The servers will be added to the list of appliances that are regularly monitored. Finding 4: Administration and monitoring controls for critical UMATS networks devices were inadequate. ĢƵ comments: The recommendations made by the Legislative Auditors are being done. Finding 5: The Offices internal computer network was not adequately protected from security risks related to wireless connection. ĢƵ comments: Two separate networks are being created. One for employees will require authentication and will have access to internal servers. One that remains open for visitors will not have any internal service access but will only have external Internet access. Finding 6: Sensitive personal and financial information for prospective USM students was unnecessarily stored on a publicly accessible server. ĢƵ comments: The data has been encrypted. All historical student applications data have been moved to archival CD ROMs The current student application data (now encrypted) will be moved to the second server by the end of March. Finding 7: A complete information technology disaster recovery plan did not exist. ĢƵ comments: The Exec. Director responsible for the plan, died just before he completed it. He has not yet been replaced. The staff will complete the plan by April 1. They intend to update and test the plan annually thereafter. Finding 8: Controls and accountability over equipment at the Office and one regional higher education center were inadequate. ĢƵ comments: The ĢƵ Office agrees with the Legislative Auditors recommendations and is working towards a revision of the System Office policy on equipment handling and control. The $400,000 of equipment relates to computer equipment purchased in the early to mid 1990s that had long ago been replaced or disposed of in periodic information technology hardware upgrades. The disposal of these computers was not documented properly when disposed of, and in resolving the exceptions to the last inventory of personal property of the System Office, approval for removing these items was not signed off on by the System Office Comptroller. Inquiry into the disposition of the computer equipment was attempted, but due to personnel changes, was not completely possible. There was no indication of actual loss of equipment, and remaining Information Technology personnel could recollect the disposition of the old computers, though no documentation from Terrapin Trader was retained or could be found. This comment ONLY deals with the authorization of the System Office inventory records to remove computers that had been properly disposed of several years prior. The approval of resolution of the results of the inventory process was not contemplated in the System Offices policy on equipment handling and record-keeping, and the System Office will clarify and formalize that aspect of the process. *Bold denotes item repeated in full or part from preceding audit report. 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