H. B. 2090
(By Delegate Spencer)
[Introduced February 10, 1993; referred to the
Committee on Education.]
A BILL to amend and reenact section seven, article two, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section eight, article one, chapter eighteen-b of said code,
all relating to designating sign language as an accepted
course of study for credit as a foreign language in
secondary and higher education.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section eight,
article one, chapter eighteen-b of said code be amended and
reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-7. Courses of study; language of instruction.
The state board of education shall prescribe minimumstandards in the courses of study to be offered in elementary
schools, high schools, vocational schools and in all other kinds,
grades and classes of schools or departments thereof, which may
now or hereafter be maintained in the state, in whole or in part,
from any state fund or funds:
Provided,
That the courses of
study in the public schools in the state shall be prepared by the
faculties, teachers or other constituted authority thereof, and
shall, before going into effect, be submitted to the state board
of education for its approval. The basic language of instruction
in all schools, public, private and parochial, shall be the
English language only. The state board shall not adopt any
policies, or rules which set out time requirements within the
instructional day for instruction in kindergarten through fourth
grade.
The state board of education shall provide that sign
language may be accepted as a credited course of study as a
foreign language in elementary schools, high schools, vocational
schools and in all other kinds, grades and classes of schools or
departments thereof.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-8. Powers and duties of governing boards generally.
(a) Each governing board shall separately have the power and
duty to:
(1) Determine, control, supervise and manage the financial,
business and educational policies and affairs of the stateinstitutions of higher education under its jurisdiction;
(2) Prepare a master plan for the state institutions of
higher education under its jurisdiction, setting forth the goals,
missions, degree offerings, resource requirements, physical plant
needs, state personnel needs, enrollment levels and other
planning determinates and projections necessary in such a plan:
Provided, That the master plan for post-secondary vocational
education is subject to approval by the joint commission for
post-secondary occupational education. The plan shall also
address the roles and missions of private post-secondary
education providers in the state. Each board shall involve the
executive and legislative branches of state government and the
general public in the development of all segments of the plan for
post-secondary education in the state. The plan shall be
established for periods of not less than five nor more than ten
years and shall be periodically revised as necessary, including
the addition or deletion of degree programs as in the discretion
of the boards may be necessary. Whenever a state institution of
higher education desires to establish a new degree program, such
program proposal shall not be implemented until the same is filed
with both governing boards. Upon objection thereto within sixty
days by either governing board, such program proposal shall be
filed with the secretary of education and the arts, who shall
approve or disapprove such proposal within one year of the filing
of said program proposal;
(3) Prescribe and allocate among the state institutions ofhigher education under its jurisdiction, in accordance with its
master plan, specific functions and responsibilities to meet the
higher education needs of the state and to avoid unnecessary
duplication;
(4) Consult with the executive branch and the Legislature in
the establishment of funding parameters, priorities and goals;
(5) Establish guidelines for and direct the preparation of
budget requests for each of the state institutions of higher
education under its jurisdiction, such requests to relate
directly to missions, goals and projections in its state master
plan;
(6) Consider, revise and submit to the appropriate agencies
of the executive and legislative branches of state government
separate budget requests on behalf of the state institutions of
higher education under its jurisdiction or a single budget for
the state institutions of higher education under its
jurisdiction:
Provided,
That when a single budget is submitted,
that budget shall be accompanied by a tentative schedule of
proposed allocations of funds to the separate state institutions
of higher education under its jurisdiction;
(7) Prepare and submit to the speaker of the House of
Delegates and the president of the Senate, no later than the
first day of each regular session of the Legislature, and to any
member of the Legislature upon request, an analysis of the budget
request submitted under subdivision (6) of this subsection. The
analysis shall summarize all amounts and sources of funds outsideof the general revenue fund anticipated to be received by each
state institution of higher education under its jurisdiction and
the effect of such funds on the budget request;
(8) Prepare and submit to the legislative auditor, no later
than the first day of July of each year, the approved operating
budgets of each state institution of higher education under its
jurisdiction for the fiscal year beginning on that date and, no
later than the first day of August, a summary of federal and
other external funds received at each such institution during the
previous fiscal year;
(9) Establish a system of information and data management
that can be effectively utilized in the development and
management of higher education policy, mission and goals;
(10) Review, at least every five years, all academic
programs offered at the state institutions of higher education
under its jurisdiction. The review shall address the viability,
adequacy and necessity of the programs in relation to its master
plan;
(11) Utilize faculty, students, and classified staff in
institutional level planning and decision-making when those
groups are affected;
(12) Administer a uniform system of personnel classification
and compensation for all employees other than faculty and policy
level administrators;
(13) Establish a uniform system for the hearing of employee
grievances and appeals therefrom, so that aggrieved parties maybe assured of timely and objective review;
(14) Solicit and utilize or expend voluntary support,
including financial contributions and support services, for the
state institutions of higher education;
(15) Appoint a president or other administrative head for
each institution of higher education from candidates submitted by
the search and screening committees of the institutional boards
of advisors pursuant to section one, article six of this chapter;
(16) Conduct performance evaluations of each institution's
president in every fourth year of employment as president,
recognizing unique characteristics of the institution and
utilizing institutional personnel, institutional boards of
advisors, staff of the appropriate governing board and persons
knowledgeable in higher education matters who are not otherwise
employed by a governing board;
(17) Submit to the joint committee on government and
finance, no later than the first day of December of each year, an
annual report of the performance of the system of higher
education under its jurisdiction during the previous fiscal year
as compared to stated goals in its master plan and budget
appropriations for that fiscal year;
(18) Provide that sign language may be accepted as a
credited course of study as a foreign language.
(b) The power herein given to each governing board to
prescribe and allocate among the state institutions of higher
education under its jurisdiction specific functions andresponsibilities to meet the higher educational needs of the
state and avoid unnecessary duplication shall not be restricted
by any provision of law assigning specified functions and
responsibilities to designated state institutions of higher
education, and such power shall supersede any such provision of
law:
Provided,
That each governing board may delegate, with
prescribed standards and limitations, such part of its power and
control over the business affairs of a particular state
institution of higher education to the president or other
administrative head of such state institution of higher education
in any case where it deems such delegation necessary and prudent
in order to enable such institution to function in a proper and
expeditious manner:
Provided,
however, That such delegation
shall not be interpreted to include classification of employees,
lawful appeals made by students in accordance with the
appropriate governing board's policy, lawful appeals made by
faculty or staff, or final review of new or established academic
or other programs. Any such delegation of power and control may
be rescinded by the appropriate governing board at any time, in
whole or in part.
NOTE: The purpose of this bill is to designate sign
language as a credited course of study as a foreign language in
secondary education and higher education levels.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.