Postsecondary Education and 'The Best Interests of the People of the States.'

The Constitution mandates that the states take primary responsibility for education. Except for a few specialized institutions, such as the service academies, educational institutions have been chartered, incorporated, licensed and/or authorized to operate by the states. This historical relationship between the states and higher education is outlined. The regulatory function has varied among the states over the years. Regulatory legislation has been influenced by concern to protect citizens against submarginal and fraudulent operations; to protect the integrity of legitimate institutions; development of statewide planning, coordinating and governing boards of public higher education; the question of institutional eligibility of federal funding; increased awareness within the states of the problems growing out of student unrest, and the impact of nontraditional forms of education; the movement for consumer protection in postsecondary education; and the redefinition of the role of states brought about by the Education Amendments of 1972. The trend toward declining enrollments and the resultant competition for students as well as competition for increasingly scarce funds will necessitate new approaches toward regulation and authorization of institutions in the future. (JMF)