TERTIARY EDUCATION POLICY AND REFORMS Dr Matthew Opoku

TERTIARY EDUCATION POLICY AND REFORMS Dr. Matthew Opoku Prempeh, (MP) Hon. Minister of Education Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 1

OUTLINE OF PRESENTATION • Background and purpose of forum • Highlights of tertiary education policy • Reforms arising • Brief on draft public universities bill • Conclusion Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 2

BACKGROUND AND PURPOSE OF FORUM • Mandate of the Ministry of Education – Ultimately responsible for ensuring that education provided at all levels is relevant and responds to national goals and aspirations – Expanding access to quality education at all levels • • • Initiates and formulates policy options for Government Initiates Legislation in furtherance of policies and programmes Coordinates implementation of policies and programmes Responsible for budget provision for infrastructure and operations Monitoring and Evaluation Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 3

Background • Antecedents to the TE Policy At courtesy call of VCG on Hon Minister on 20 th February, 2017 a number of issues were discussed, giving indication of Government’s policy intentions including: – Regularisation of Tamale and Cape Coast Polytechnics as converted Technical Universities – Creation of a Common Admissions Platform for undergraduate enrollment into Public Universities – Setting up of the National Research Fund – Adoption of renewable energy and energy efficiency measures in Public education institutions – Compliance with the Fees and Charges Act – Outsourcing of none-core activities by universities, including Halls of Residence – Work towards one Act for Universities These, alongside other issues raised at the meeting, were subsequently reiterated on other platforms and in a letter dated March 21, 2017 to NCTE to initiate the necessary action Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 4

Background • Recognition of the need for a comprehensive policy framework There was no one single point of reference document representing a coherent and holistic policy framework • In May 2018, Minister of State (Tertiary), in consultation with the NCTE, commissioned an Expert Team with the following terms of reference: – Produce a reference document pooling together various isolated policies in use and institutional best practices that will position institutions to better discharge their mandates – Take cognizance of National Vision, 1992 Constitution and existing legislative arrangements – Propose additional policies and guidelines considered essential to deal with emerging trends in the governance and effective running of tertiary education institutions – Take cognizance of current policy and reform initiatives of Government Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 5

Background • The Draft Policy document was shared with stakeholders and a validation workshop held on January 10 -12, 2019 in Koforidua. Stakeholders included NCTE, NABPTEX, VCG, UTAG, NUGS, GRASAG, CORP, PRINCOF, CETAG etc. • Revised Policy Document was approved by Cabinet May 9, 2019 subject to further refinement Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 6

Background • Purpose of the Forum – Sensitization and awareness creation about: • the Tertiary Education Policy • legislative and institutional reform implications of the Tertiary Education Policy – Discussion of the rationale for the Draft Public Universities Bill Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 7

HIGHLIGHTS OF THE TEP • Rationale – Tertiary Education Institutions in Ghana have witnessed a rapid growth over the last decade or two in response to the ever-growing demand. This growth has been largely sporadic and haphazard, being guided by isolated policies and piecemeal interventions – A comprehensive, coherent, well-articulated and holistic policy framework is required if our Tertiary Education system is to respond effectively and sustainably to the needs of the learning society and knowledge-driven economy that we aspire to – The holistic TEP is an opportunity to spell out clear guidelines for the ultimate structure, planning, development, regulation, operations and overall governance and accountability of the tertiary education system in one place Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 8

Highlights of the TEP • Structure and Scope The TEP is arranged under the following sections: 1. Governance and Management • • Institutional Level Governance Appointments and Designations of Principal Officers Academic Freedom Accountability of TEIs 2. Equity and Access • Expansion and Establishment of tertiary education institutions • Provision of Flexible and Distributed Learning • Diversification and Differentiation Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 9

Highlights of the TEP 3. Quality and Relevance • • • Entry Requirements Experiential Credit Conversion Relevance & Academic Programmes Development Academic Progression and Graduation Partnership with Industry Staff/Student Ratio Research and Postgraduate Training Teacher Education Academic Ranking and Benchmarking Physical Structures 4. Financing 5. Cross-cutting Issues • • Gender and Inclusion Sexual Harassment HIV/AIDS in TEIs Information and Communication Technology Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 10

Highlights of the TEP • Policies on Governance and Management – Coordination of Tertiary Education System The 1990 and 2004 reforms affected the governance and management of the institutions. Further to that some provisions regarding internal administration of the institutions have been superseded by the 1992 Constitution. Coordination seen challenges due to multiple oversight Policy Statements: i. The Ministry of Education shall have general policy formulation and monitoring functions ii. There shall be an apex Regulatory Body whose responsibility shall include general supervision and direction for all Tertiary Education Forum on Tertiary Education Reforms, June 14, 2019, 11 Institutions University of Ghana, Accra

Highlights of the TEP – Institutional Level Governance Bi-cameral system separates roles for Council and Academic Board. The White Paper of 1990 revised the composition of Governing Councils to a standard 15 members. Skills mix is critical for Council but constituency-based nominations results in “sectional” governance, focusing on sectional interest. Compact Councils, agile at decision making important Policy Statements: i. The Ministry of Education shall ensure that the Acts Governing Public Universities are harmonized to ensure consistency and enhance operational effectiveness and efficiency ii. Government through the appropriate regulatory body shall set out desirable qualifications that members of council must have as guidance for various nominating bodies. iii. Membership of Council/Board of a public tertiary institution shall not be less than nine (9) but not more than thirteen (13) members iv. Councils shall have the power to co-opt additional members from outside the institutions but such coopted members shall have non-voting status v. At least two-thirds of Council members must be persons who are not staff or Forum on Tertiary Education Reforms, June 14, 2019, 12 students of the institution University of Ghana, Accra

Highlights of the TEP – Appointments and Designation of Principal Officers The concept of principal officers has been subjected to many interpretations. These are officers who can commit their respective institutions in their official capacities. Policy Statements: – The designation Principal Officers shall apply only to the Chancellor, Pro. Chancellor (Chairman of Council) and the Vice-Chancellor – The Vice-Chancellor and other officers in the institution shall be appointed by the Governing Council in accordance with Article 195(3) of the 1992 Constitution – The Chancellor shall be appointed by the President following a recommendation made by the Governing Council – Only chartered Universities shall have Chancellors Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 13

Highlights of the TEP – Policies on Academic Culture • Use of Academic Titles In response to the rampant abuse of academic titles, the NAB has often had to issue public statements to provide guidance and education. Abuse is by awarding institutions and beneficiaries alike Policy Statements: – Tertiary institutions shall enact statutes on the award and conditions for use of academic titles, including honorary degrees – Appointment of Emeritus (Emerita) Professor must be based on statute, strictly on merit and granted only by the university from which the person retired as full professor – Only chartered institutions may award honorary degrees and appoint emeritus professors Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 14

Highlights of the TEP – Academic Fraud Academic fraud is a global phenomenon that has found its way into all professions. Risk of wrong people being employed in right businesses. Undermines the credibility of the educational system Policy Statements: – All forms of academic fraud are criminal and must be handled by the appropriate agencies – Employers have the primary responsibility to confirm credentials presented for consideration for employment by job applicants Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 15

Highlights of the TEP – Accountability of TEI Public tertiary institutions are set-up by law to provide quality education in specific mandated areas and are guided by delivery standards Policy statements: – The regulatory body shall have adequate mechanisms in place to demand accountability from tertiary education institutions, which the institutions shall abide by – Tertiary education institutions shall be subject to quality assurance and accreditation at both institutional and programme levels – The regulatory body shall establish a mechanism for ranking of institutions by type and programmes – The regulatory body shall publish the recognition status of tertiary education institutions as prescribed by law Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 16

Highlights of the TEP • Policies on Equity and Access – Expansion and Establishment of TEIs While establishment of new institutions have been by Government in response to constitutional imperatives, expansion interventions have largely been driven internally by the institutions with little or no formal reference to the regulator or government. These have broad implications for the overall structure of the TE system, it drives cost and has often led to mission creep Policy statements: – Government acting through the regulator shall ensure that expansion of existing and creation of new institutions shall be guided by the policy on differentiation and diversification – All public tertiary institutions shall develop 10 -year strategic plans endorsed by the regulator, which shall provide the framework and plans for future growth and expansion – Public tertiary institutions shall operate within their mandated focus area prescribed in their enabling Acts – Expansion of existing institutions through establishment of branch campuses shall be based on careful assessment of capacities to effectively manage without compromising quality. This shall be determined jointly by the institution and the regulator Forum on Tertiary Education Reforms, June 14, 2019, 17 University of Ghana, Accra options to ensure equitable access to – Government shall promote technology-driven

Highlights of the TEP – Private Participation in Tertiary Education While the role of the private sector is considered key, there have been complaints about proliferation and poor quality standards in some private institutions Policy statements: – Government shall provide an enabling environment for attract and sustain private sector provision of tertiary education, through policy and incentives – Private tertiary education institutions, including crossborder services shall established in accordance with the appropriate legal and regulatory requirements – The regulatory body shall institutionalise a monitoring and evaluation Forum on Tertiary Education Reforms, June 14, 2019, 18 mechanism for assessing the effectiveness of affiliation University of Ghana, Accra

Highlights of the TEP – Admissions The 1992 Constitution enjoins the State to provide equal access to university or equivalent level education with emphasis on Science and Technology. The NCTE publishes minimum entry requirements, usually based on WASSCE results. Currently decentralized and not always driven by constitutional imperatives. Policy statements: – All students seeking admission to TEIs must meet the minimum entry requirements approved by the regulator – Qualified candidates shall, as much as possible, be placed on merit, except under special circumstances when addressing equity and inclusion concerns – There shall be a Centralised Applications and Placement Service (CAPS) for public universities. Private tertiary institutions shall be encouraged to enlist on this service Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra – Admissions of different categories of students shall be guided by quotas 19

HIGHLIGHTS OF THE TEP • Policies on Quality and Relevance – Relevance of Academic Programme The main purpose of tertiary education is to create human capital for the national economy and to equip individuals to function as self-reliant and useful members of society. All programmes must be relevant and fit for purpose in this respect Policy statements: – The development of new programmes must have relevant industry stakeholder input and support – All new formal degree programmes proposed to be delivered at a public tertiary institution must be subject to relevance clearance and accreditation by the regulator(s) – No programmes shall be started unless they have been duly approved and accredited – Tertiary education institutions shall prioritise the mounting of programmes in their mandated focus areas Forum on Tertiary Education Reforms, June 14, 2019, 20 University of Ghana, Accra

Highlights of the TEP – Academic Progression and Graduation Students enrolling in any tertiary education programme expect to make progress during the different stages of study and to complete on time with prior agreed competencies and outcome Policy Statements: – Tertiary education institutions shall have appropriate information management systems to capture progression and attrition rates for each course, programme and institution as whole and report same annually to the regulator – The regulator shall design and implement a tertiary education management information system for easy and reliable retrieval and analysis of data to inform policy – Tertiary education institutions shall conduct tracer studies of their graduates every three years and shall report same to the regulator Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 21

Highlights of the TED – Research and Postgraduate Studies Research, innovation and training of postgraduates are the hallmarks of mature universities. It is through these that new knowledge is generated and high level manpower developed. Ghana lags behind countries such as South Africa, Kenya, Nigeria and Uganda in areas of research and publication and postgraduate training. Policy statements: – Government is committed to increasing funding for research from the present 0. 3% of GDP to at least the AU benchmark of 1% – Government shall establish a National Research and Innovation Fund to address priority areas of research and development in support of national economic growth and poverty reduction – Government shall facilitate the setting-up of centers of excellence in selected universities and disciplines, particularly in STEM – The regulator shall identify and designate research intensive universities for special support Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 22

Highlights of the TED – Teacher Education Academic attainment of students depends to a very large extent on the teacher. The teacher on the other hand needs to be properly prepared during pre-service and in-service. Policy Statements: – The Ministry shall ensure that Colleges of Education and other tertiary teacher education institutions provide relevant, high quality teaching and learning – The Ministry shall ensure that curriculum reforms in Teacher Education are coherent and address the National Teachers Standards and NTECF – Tertiary education institutions shall ensure that all academic staff go through teacher education programmes to prepare them to teach. New appointees shall have a graduate certificate in teaching – Colleges of Education Forum shall be integrated with selected Universities as on Tertiary Education Reforms, June 14, 2019, 23 University Colleges University of Ghana, Accra

Highlights of the TEP – Tertiary Level TVET Tertiary level TVET in Ghana takes place in two (2) polytechnics and eight (8) technical universities. TVET has enormous potential in driving Ghana’s economy forward through skills and job training, and development of skills for industry among others. This potential has however not been realized as the required, given the policy, legal and institutional setting; investment has also not received the needed attention Policy statements: – Technical Universities shall be the apex institutions in TVET for the training of highly-skilled human resource to drive economic growth; – Technical universities shall operate and be regulated as specialized universities with niche mandates – Technical Universities, while achieving parity of esteem with the universities, shall not depart from the practice-oriented philosophy of TVET – Technical Universities shall create progression pathways at the tertiary level for practically-inclined SHS students and technical school graduates – Tertiary TVET institutions shall develop strong links and collaboration with industry – There shall be a University specialized in the training of teachers for all levels of Forum on Tertiary Education Reforms, June 14, 2019, 24 TVET University of Ghana, Accra

Highlights of the TEP • Policies on Financing Providing tertiary education service is a constitutional imperative for the State. A lot continues to be invested in facilities and infrastructure as well as operational costs. Even so concerns remain that funding is out of sync with real needs both from the side of students and providers. Policy statements: – A sustainable funding framework shall be put in place to include Cost-sharing, Students Loans Trust Fund (SLTF), Ghana Education Trust Fund and Government Scholarship scheme for priority disciplines – The cost of tertiary education shall be shared between Government, TEIs, students and the private sector – Government budgetary allocation to tertiary education shall be at least 2. 5% of GDP – At least 50% of GET Fund budget allocation shall be disbursed to tertiary education – Tuition shall be free for Ghanaian students except those who opt for fee-paying category – Ghanaian students shall pay Academic Facility User Fees (AFUF) and for those in Halls of residence they shall pay in addition the stipulated Residential Facility User Fees (RFUF) and cost of utilities consumed Forum onpay Tertiary the Education Reforms, 2019, – Non-Ghanaian students shall full cost. Juneof 14, their education 25 University of Ghana, Accra

LIST OF REFORMS 1. Draft Bill for Harmonisation of Acts of Public Universities (Public Universities Bill) 2. Centralised Applications and Placements Service (CAPS) 3. Ghana Tertiary Education Commission (GTEC) 4. National Research and Innovation Fund (NRIF) 5. Tertiary Education Management Information System (TEMIS) 6. UDS splitting into UTAS and UBIDS 7. University of Media, Arts and Communications (UMAC) 8. Colleges of Education converting to University Colleges 9. National University of Skills and Entrepreneurial Development (NUSED) 10. Establishment of Open University Ghana 11. Outsourcing of Halls of Residence in Universities 12. Postgraduate Certificate in Teaching for University Lecturers Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 26

BRIEF ON DRAFT PUBLIC UNIVERSITIES BILL • Background – Apart from 8 Technical Universities converted from Polytechnics under the Technical Universities Act, 2016 (Act 922) as amended by Act 974, there are 10 traditional Public Universities in Ghana – The 10 universities are currently mandated by different Acts as follows: § § § KNUST – 1961(PDCL 240 of 1990; amended Act 559 1998) UCC; UDS – 1992 (PNDCL 278, 279 respectively) UPSA – 2012 (Act 850) UEW; GIMPA; UMa. T – 2004 (Act 672; Act 676 and Act 677) Uo. G – 2010 (Act 806) UHAS; UENR – 2011 (Act 828; Act 830) Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 27

Brief On Draft Public Universities Bill • Justification – Many Acts/Laws are long overdue for review, some dating back almost 30 years, preceding the Fourth Republic – Key provisions of the various laws vary widely (e. g. term of council members; number of council members; appointment of chancellor and council members, etc) – New policies and reforms in Tertiary Education have to find expression in the enabling laws of the various public Universities. – Need to ensure more effective regulatory oversight and accountability means provisions in the laws, particularly, in relation to the following have to be brought in line with Government policy § Appointment of Chancellor and Council § Term of Office of Council § Functions of Council that are likely to impact the Mission of the University or carry contingent financial liability for Government Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 28

Brief On Draft Public Universities Bill • Justification (cont’d) – Council membership structure to reflect good corporate governance principles – Need to harmonize provisions to ensure consistency and predictability in governance across all public Universities – Opportunity to provide for crises situations of governance breakdown or when Council loses confidence of stakeholders and the public Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 29

Brief On Draft Public Universities Bill • Options Considered – Carry out limited amendments of the individual Acts and bring them in line with some new policies and reforms but preserve the existing “autonomous” structure and functions of councils – Amend the individual Acts and bring them in line with new policies and reforms and to provide for more effective regulatory oversight and accountability Implications: • The Universities will keep their individual Acts and the semblance of distinct, independent and autonomous institutions • It will address concerns about a “one-size-fit-all” Act that will allegedly limit institutional uniqueness and creativity • This will be piecemeal and will not address recent challenges in governance nor respond to requirements of more effective accountability. Ensuring consistency across problematic • Both will entail an extremely laborious, time-consuming effort, yet unlikely to address the broad and overarching policy and governance issues in any meaningful way Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 30

Brief On Draft Public Universities Bill • Preferred Option – Promote a common Public Universities Act that will incorporate provisions reflecting new policies and reforms and requirements for more effective regulatory oversight and accountability. Implications: • This option makes it possible to repeal and replace either specific sections or the entire Acts to bring them in line with the expectations • Opportunity to focus on the broad and overarching issues • Opportunity to harmonize administrative procedures and infuse predictability • Approach is straightforward and reinforces shared status and attributes of the universities as Public Institutions • Much more efficient approach to updating the laws. The laws are not only updated but the key provisions are harmonized to ensure uniformity in governance structures and procedures that should result in consistency and predictability across all public Universities • Same approach in Colleges of Education; Polytechnics; Technical Universities Acts Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 31

Brief On Draft Public Universities Bill • Selected Provisions and the Rationale – Appointment of Chancellor • Existing provisions, post-PNDC, empower the Councils to appoint the Chancellor. The exception is with University of Ghana Act 2010 (Act 806), where an Electoral College consisting of Council and Academic Board to elect. • The proposed amendment is to provide for appointment of Chancellor by the President of the Republic, in consultation with the Councils. Reason for this is clarity in accountability to the appointing authority and resolves the anomaly and contradiction of Council appointing a person who then takes precedence over it. Also reinforces influence and role of Government as the “business owner” Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 32

Brief On Draft Public Universities Bill § Appointment of the Governing Council § Most provisions provide for the President of the Republic to appoint the Council in accordance with Article 70 of the 1992 Constitution. In isolated cases, however, there is no clarity on who appoints the Council as a whole or some of its members, if indeed it/they should be appointed at all. § The proposal is to confirm this provision to apply to all Public Universities to ensure consistency. Further to this, an additional provision to provide for the President/Minister in exercise of his appointing authority, to intervene and put in place interim arrangements, if necessary, in situations of crises and emergency where the position of the Council becomes untenable Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 33

Brief On Draft Public Universities Bill § Composition and Number of Members of the Governing Council § Majority of existing provisions stipulate 17 members, out of which 9 members are from within the University. The University of Ghana has extra provision for appointment of 6 others from outside the University, including the Vice Chancellor of an African University. § The proposal is to limit the number to between 9 -13. This is to make the number more manageable and effective and to reduce cost. The Councils may however co-opt extra hands to assist in deliberations. It is also proposed that in line with corporate best practice, that majority of the members come from outside the Forum on Tertiary Education Reforms, June 14, 2019, 34 University of Ghana, Accra University.

Brief On Draft Public Universities Bill § Term of Office of Council § This provision varies between 2 and 3 years for members other than the Vice Chancellor (Ex-officio member). 3 years is common in the more recent Acts. There is no separate provision for staff and student representatives. § The proposal is to harmonise the provision to 3 years, at least. Two (2) years is impractical, given the lead time in appointment of Councils and it barely allows enough time for members to have sufficient orientation and acquaint themselves with the university to enable them become effective. It will also be consistent with more recent practice Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 35

Brief On Draft Public Universities Bill § Provisions for Accountability § All existing Acts/Laws give unfettered powers to Council to take decisions necessary for the university to meet its objects. This includes Enactment of Statutes, internal re-organization, with the creation of new Colleges, Schools, Faculties etc. Council however is obliged to consult with the Academic Board on matters deemed to have direct bearing on academics. § Surprisingly, there is no obligation on Council to seek advice, consult and even seek approval from a Regulator or Government in decisions that have significant financial implications or affect the Mission of the University § The proposal is to introduce new provisions to moderate and guide enactment of statutes and the decisions of Council to ensure that the outcome does not result in contingent financial obligations on Government or mission creep by the University Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 36

Brief On Draft Public Universities Bill § Provisions for Alignment with new Policy Arrangements § Not much exists in the individual Acts that reinforce the reporting and accounting obligations of the University to the Regulator. Alignment is also required with new initiatives § The proposal is to introduce new provisions to ensure clarity in the reporting and accounting obligations to the Regulator – the Ghana Tertiary Education Commission. § Provision is also proposed to require all Public Universities to conduct their admissions over the new platform for processing University applications – the Centralised Applications Processing System (CAPS). It is important to note that this would be only a processing platform. Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 37

Brief On Draft Public Universities Bill • Centralised Applications and Placement Services (CAPS) – CAPS shall seek to promote merit-based admission, equity and convenient access to university and other Tertiary Education Institutions. Shall be operated on stated criteria: • To enable students, access the courses for which they apply taking into account their qualifications and listed priorities; • For affirmative action for disadvantaged groups and persons with disabilities; • Proposed quota (5%) for needy and underprivileged students, including but not limited to persons with disabilities and other underrepresented groups who have demonstrated capacity for advanced learning to ensure the representation of all classes of society in tertiary education; • Admission quota for sponsored Ghanaian (“fee-paying”) students shall not exceed 10% in public institutions. This shall be reviewed from time to time. Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 38

CONCLUSION • Set out to sensitize and create awareness about the Tertiary Education Policy, Legislative and Institutional Reforms arising from the Policy and the Draft Public Universities Bill • I hope I have been able to do that, otherwise, I am available to provide further clarification or receive your comments Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 39

THANK YOU Forum on Tertiary Education Reforms, June 14, 2019, University of Ghana, Accra 40