ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3215
(By Delegates Doyle, Wysong and Tabb)
[Passed March 8, 2008; in effect July 1, 2008.]
AN ACT to repeal §18B-1-7 of the Code of West Virginia, 1931, as
amended; to repeal §18B-1A-7 of said code; to repeal §18B-1B-
11 of said code; to repeal §18B-2B-6a of said code; to repeal
§18B-6-1 of said code; to repeal §18B-14-8 of said code; to
amend and reenact §18B-1-2 and §18B-1-8 of said code; to amend
and reenact §18B-1B-6 of said code; to amend and reenact §18B-
1C-2 of said code; to amend and reenact §18B-2A-1, §18B-2A-2
and §18B-2A-4 of said code; to amend said code by adding
thereto a new section, designated §18B-2A-7a; to amend and
reenact §18B-2B-6 of said code; to amend and reenact §18B-2C-1
and §18B-2C-3 of said code; to amend and reenact §18B-3-3 of
said code; to amend and reenact §18B-3C-5, §18B-3C-8, §18B-3C-
12, §18B-3C-13 and §18B-3C-14; to amend said code by adding
thereto a new section, designated §18B-3C-15; and to amend and
reenact §18B-8-3 of said code, all relating to higher
education generally; state institutions of higher education;
statewide network of independently accredited community and technical colleges;
modifying certain powers and duties of
West Virginia Council for Community and Technical College
Education,
Higher Education Policy Commission and
institutional boards of governors; defining terms; designating
certain community and technical colleges as independent state
institutions of higher education and removing administrative
link to former sponsoring institutions; clarifying student
rights under certain circumstances; providing for appointment
of institutional presidents;
specifying contract terms and
evaluation procedures; modifying title of certain
institutional employees; providing for continuation in office;
abolishing institutional boards of advisors and establishing
boards of governors for certain community and technical
colleges; providing for initial appointments to boards of
governors; quorums; establishing eligibility criteria and
defining membership; requiring institutional master plans and
compacts focused on achieving state goals, objectives and
priorities; providing for transfer of certain orders,
resolutions, rules and obligations from former sponsoring
institutions to certain boards of governors; requiring
division of assets and liabilities by date certain; providing
guidelines for division of assets and liabilities; providing
mechanism and time lines for resolution of disputes;
prohibiting challenge of certain decisions in state courts;
modifying requirements for certain rules; requiring certain
legislative and emergency rules; specifying approval procedure for emergency rules; clarifying certain reporting
requirements;
modifying procedure for establishing priorities
for certain capital projects;
modifying specifications for
development of certain budgets; clarifying and redefining
relationships between and among certain higher education
boards and institutions; making legislative findings and
specifying legislative intent; defining statewide network of
independently accredited community and technical colleges;
establishing core mission, objectives and priorities for
independent community and technical colleges; authorizing
certain governing boards to change institutional name by date
certain; modifying number of lay members on certain governing
boards; authorizing certain governing boards to maintain
association with former sponsoring institutions under certain
circumstances; continuing certain contracts related to program
delivery and provision of certain services; making certain
governing boards responsible for maintaining or achieving
independent accreditation and essential conditions; requiring
former sponsoring institutions to provide certain services for
specified period; modifying fee requirements and limitations;
specifying contract terms; providing for contract modification
under certain circumstances; establishing Pierpont Community
and Technical College as an independent state institution of
higher education; defining institutional mission and duties
and responsibilities of governing boards; requiring
independent accreditation by date certain; providing for program accreditation by Fairmont State University under
contract until certain date and requiring approval of contract
terms by Council for Community and Technical College
Education; directing Council to take steps necessary to
achieve independent accreditation status; providing for
severing accreditation contract between institutions under
certain circumstances; establishing advanced technology
centers; defining mission, goals and objectives; establishing
boards of advisors; specifying membership and terms of office;
providing for transition oversight and implementation by
Legislative Oversight Commission on Education Accountability;
providing for salary increase when faculty member is promoted
in rank; making technical corrections; and deleting obsolete
provisions.
Be it enacted by the Legislature of West Virginia:
That §18B-1-7 of the Code of West Virginia, 1931, as amended,
be repealed; that §18B-1A-7 of said code be repealed; that §18B-1B-
11 of said code be repealed; that §18B-2B-6a of said code be
repealed; that §18B-6-1 of said code be repealed; that §18B-14-8 of
said code be repealed; that §18B-1-2 and §18B-1-8 of said code be
amended and reenacted; that §18B-1B-6 of said code be amended and
reenacted; that §18B-1C-2 of said code be amended and reenacted;
that §18B-2A-1, §18B-2A-2 and §18B-2A-4 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-2A-7a; that §18B-2B-6 of said code be
amended and reenacted; that §18B-2C-1 and §18B-2C-3 of said code be amended and reenacted; that §18B-3-3 of said code be amended and
reenacted; that §18B-3C-5, §18B-3C-8, §18B-3C-12, §18B-3C-13 and
§18B-3C-14 of said code be amended and reenacted; that said code be
amended by adding thereto a new section, designated §18B-3C-15; and
that §18B-8-3 of said code be amended and reenacted, all to read as
follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meanings ascribed to them unless
the context clearly indicates a different meaning:
(a) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a
of this chapter;
(b) "Free-standing community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, and Eastern West
Virginia Community and Technical College, which may not be operated
as branches or off-campus locations of any other state institution
of higher education;
(c) "Community and technical college", in the singular or
plural, means the free-standing community and technical colleges
and other state institutions of higher education which deliver
community and technical college education. This definition
includes Southern West Virginia Community and Technical College,
West Virginia Northern Community and Technical College, Eastern West Virginia Community and Technical College, New River Community
and Technical College, West Virginia University at Parkersburg,
The Community and Technical College at West Virginia University
Institute of Technology, Blue Ridge Community and Technical
College, Marshall Community and Technical College, West Virginia
State Community and Technical College and Pierpont Community and
Technical College;
(d) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
delivery of community and technical college education programs;
(e) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(f) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(g) "Higher Education Policy Commission", "Policy Commission"
or "Commission" means the Commission created pursuant to section
one, article one-b of this chapter;
(h) "Chancellor for Higher Education" means the chief
executive officer of the Higher Education Policy Commission
employed pursuant to section five, article one-b of this chapter;
(i) "Chancellor for Community and Technical College Education"
means the chief executive officer of the West Virginia Council for
Community and Technical College Education employed pursuant to
section three, article two-b of this chapter;
(j) "Chancellor" means the Chancellor for Higher Education
where the context refers to a function of the Higher Education
Policy Commission. "Chancellor" means Chancellor for Community and
Technical College Education where the context refers to a function
of the West Virginia Council for Community and Technical College
Education;
(k) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources in the prior fiscal
year, including, but not limited to, tuition and fees and
legislative appropriation, and any adjustments to that funding as
approved by the Commission or Council based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(l) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education resulting
in or which may result in a two-year associate degree award
including an associate of arts, an associate of science and an
associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit
and noncredit workforce development programs; and transfer and
baccalaureate parallel programs. All programs are under the
jurisdiction of the Council. Any reference to "post-secondary
vocational education programs" means community and technical
college education programs as defined in this subsection;
(m) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(n) "Vice Chancellor for Administration" means the person
employed in accordance with section two, article four of this
chapter. Any reference in this chapter or chapter eighteen-c of
this code to "Senior Administrator" means Vice Chancellor for
Administration;
(o) "State college" means Bluefield State College, Concord
University, Fairmont State University, Glenville State College,
Shepherd University, West Liberty State College or West Virginia
State University;
(p) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(q) "Board of visitors" means the advisory board previously
appointed for the West Virginia Graduate College and the advisory
board previously appointed for West Virginia University Institute
of Technology, which provide guidance to the Marshall University
Graduate College and West Virginia University Institute of
Technology, respectively;
(r) "Institutional compact" means the compact between the
Commission or Council and a state institution of higher education
under its jurisdiction, as described in section six, article one-d
of this chapter;
(s) "Peer institutions", "peer group" or "peers" means public institutions of higher education used for comparison purposes and
selected by the Commission pursuant to section three, article one-a
of this chapter;
(t) "Administratively linked community and technical college"
means a state institution of higher education delivering community
and technical college education and programs which has maintained
a contractual agreement to receive essential services from another
accredited state institution of higher education prior to the first
day of July, two thousand eight;
(u) "Sponsoring institution" means a state institution of
higher education that maintained an administrative link to a
community and technical college providing essential services prior
to the first day of July, two thousand eight. This definition
includes institutions whose governing boards had under their
jurisdiction a community and technical college, regional campus or
a division delivering community and technical college education and
programs;
(v) "Collaboration" means entering into an agreement with one
or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(w) "Broker" or "brokering" means serving as an agent on
behalf of students, employers, communities or responsibility areas
to obtain education services not offered at that institution.
These services include courses, degree programs or other services
contracted through an agreement with a provider of education
services either in-state or out-of-state;
(x) "Council" means the West Virginia Council for Community
and Technical College Education created pursuant to article two-b
of this chapter;
(y) "West Virginia Consortium for Undergraduate Research and
Engineering" or "West Virginia CURE" means the collaborative
planning group established pursuant to article one-c of this
chapter;
(z) "Advanced technology center" means a facility established
under the direction of an independent community and technical
college for the purpose of implementing and delivering education
and training programs for high-skill, high-performance Twenty-first
Century workplaces;
(aa) "Statewide network of independently accredited community
and technical colleges" or "community and technical college
network" means the state institutions of higher education under the
jurisdiction of the West Virginia Council for Community and
Technical College Education which are independently accredited or
are seeking independent accreditation by the regional accrediting
agency, each governed by its own independent governing board, and
each having a core mission of providing affordable access to and
delivering high quality community and technical education in every
region of the state; and
(bb) "Independent community and technical college" means a
state institution of higher education under the jurisdiction of the
Council which is independently accredited or seeking independent
accreditation, is governed by its own independent governing board, and may not be operated as a branch or off-campus location of any
other state institution of higher education. This definition
includes Blue Ridge Community and Technical College, The Community
and Technical College at West Virginia University Institute of
Technology, Eastern West Virginia Community and Technical College,
Marshall Community and Technical College, New River Community and
Technical College, Pierpont Community and Technical College,
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, West Virginia
State Community and Technical College, and West Virginia University
at Parkersburg.
(cc) "Dual credit course" or "dual enrollment course" is a
credit-bearing college-level course offered in a high school by a
state institution of higher education for high school students in
which the students are concurrently enrolled and receiving credit
at the secondary level.
§18B-1-8. Student rights when institutional affiliations or
governance structures change.
(a) When a conflict exists between academic program
requirements at an institution to be consolidated, merged,
separated from, or administratively linked to another state
institution of higher education, the requirements of the
institution at which the student initially enrolled prevail. A
student may not be required to earn additional credits toward the
degree pursued, or to take additional courses, that were not
included in the program of study at the time the student declared that major at the enrolling institution.
(b) A student enrolled in an institution to be consolidated,
merged, separated from, or administratively linked to another state
institution of higher education shall continue to receive any
state-funded student financial aid for which he or she would
otherwise be eligible.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a)
Appointment of institutional presidents. -- Appointment of
presidents of the state institutions of higher education shall be
made as follows:
(1) The initial contract term for a president of a state
institution of higher education may not exceed two years. At the
end of the initial contract period, and subject to the provisions
of subsection (c) of this section, the governing board may offer
the president a contract of longer duration, but not to exceed five
years.
(A) The provisions relating to initial contract periods do not
affect the terms of a current contract for any person holding a
multi-year contract and serving as president of a state institution
of higher education or division of a state institution of higher
education delivering community and technical education on the
thirtieth day of June, two thousand eight;
(B) At the end of the current contract period and thereafter,
the governing board shall make presidential appointments in
accordance with the provisions of this section.
(2) The person who is president, provost, or divisional
administrative head of the community and technical college on the
thirtieth day of June, two thousand eight, becomes the president of
the institution on the effective date of this section.
(3) The president of a state institution of higher education
serves at the will and pleasure of the appointing governing board.
(4) Subject to the approval of the Commission, the governing
board of the institution appoints a president for Bluefield State
College, Concord University, Fairmont State University, Glenville
State College, Marshall University, Shepherd University, West
Liberty State College, West Virginia School of Osteopathic
Medicine, West Virginia State University and West Virginia
University.
(5) Subject to the approval of the Council, the governing
board of the community and technical college appoints a president
for Blue Ridge Community and Technical College, The Community and
Technical College at West Virginia University Institute of
Technology, Eastern West Virginia Community and Technical College,
Marshall Community and Technical College, New River Community and
Technical College, Pierpont Community and Technical College,
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, West Virginia
State Community and Technical College, and West Virginia University
at Parkersburg.
(b)
Other appointments. -- The institutional president
appoints a provost to be the administrative head of the Potomac campus of West Virginia University and a provost to be the
administrative head of West Virginia University Institute of
Technology.
(c)
Evaluation of presidents. --
(1) The appointing governing board shall conduct written
performance evaluations of the institution's president.
Evaluations shall be done at the end of the initial two-year
contract period and in every third year of employment as president
thereafter, recognizing unique characteristics of the institution
and using institutional personnel, boards of advisors as
appropriate, staff of the appropriate governing board and persons
knowledgeable in higher education matters who are not otherwise
employed by a governing board. A part of the evaluation shall be
a determination of the success of the institution in meeting the
requirements of its institutional compact and in achieving the
goals, objectives and priorities established in articles one and
one-d of this chapter.
(2) After reviewing the evaluations, the board of governors
shall make a determination by majority vote of its members on
continuing employment and the compensation level for the president
in accordance with the provisions of subsection (a) of this
section.
(d) The Commission and Council each shall propose a rule for
legislative approval in accordance with the provisions of section
six, article one of this chapter and article three-a, chapter
twenty-nine-a of this code by the first day of September, two thousand eight, to provide guidance for the institutional governing
boards in filling vacancies in the office of president in
accordance with the provisions of this chapter. The rule shall
include, but is not limited to, clarifying the powers, duties and
roles of the governing boards, the Commission, the Council, and the
chancellors in the presidential appointment process.
(e) The Legislature finds that an emergency exists and,
therefore, the Commission and the Council each shall file a rule to
implement the provisions of this section as an emergency rule by
the first day of September, two thousand eight, pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code.
The emergency rule may not be implemented without prior approval of
the Legislative Oversight Commission on Education Accountability.
ARTICLE 1C. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY.
§18B-1C-2. West Virginia University Institute of Technology;
division of West Virginia University.
(a) West Virginia University Institute of Technology is a
fully integrated division of West Virginia University. All
administrative and academic units are consolidated with primary
responsibility for direction and support assigned to West Virginia
University. The advisory board previously appointed for West
Virginia University Institute of Technology is known as the board
of visitors and shall provide guidance to the division in
fulfilling its mission. The chairperson of the board of visitors
serves as an ex-officio, voting member of the West Virginia University Board of Governors.
(b) The fully integrated division is named West Virginia
University Institute of Technology. The headquarters of West
Virginia University Institute of Technology remains in Montgomery,
West Virginia.
(c) The provisions of this section do not affect the
independent accreditation or continued operation of The Community
and Technical College at West Virginia University Institute of
Technology. Effective the first day of July, two thousand eight,
the institution becomes an independent community and technical
college administered by its own governing board under the
jurisdiction and authority of the Council and is subject to all
applicable provisions of this chapter and chapter eighteen-c of
this code.
(d) Auxiliary enterprises shall be incorporated into the West
Virginia University auxiliary enterprise system. The West Virginia
University Board of Governors shall determine if operations at West
Virginia University Institute of Technology can be operated on a
self-sufficient basis when establishing rates for auxiliary
services and products.
(e) West Virginia University Institute of Technology has a
strong reputation in engineering and other scientific disciplines.
These programs shall be maintained, cultivated and emphasized
further as its sustaining mission over the next decade.
(f) By the first day of April, two thousand seven, the West
Virginia University Board of Governors shall develop and approve a plan to implement the provisions of this article. Beginning the
first day of July, two thousand six, the board of governors may
begin implementing appropriate changes in the operations of West
Virginia University Institute of Technology to further the purposes
of this article.
(g) By the first day of November, two thousand six, and
annually thereafter for a period of four years, the West Virginia
University Board of Governors shall prepare and submit a report to
the Commission and Legislative Oversight Commission on Education
Accountability on progress being made to implement the provisions
of this article.
(h) West Virginia University Institute of Technology shall
develop or maintain baccalaureate degree programs as a permanent
component of its curriculum.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment;
establishment of boards for independent community
and technical colleges.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, Southern West Virginia Community and Technical College, West Liberty State College, West
Virginia Northern Community and Technical College, the West
Virginia School of Osteopathic Medicine, West Virginia State
University and West Virginia University.
(b)
Independent community and technical colleges established
--
(1) Effective the first day of July, two thousand eight, the
board of advisors is abolished and a board of governors is
established for Marshall Community and Technical College; Pierpont
Community and Technical College, formerly a division of Fairmont
State University; The Community and Technical College at West
Virginia University Institute of Technology; West Virginia State
Community and Technical College; and West Virginia University at
Parkersburg.
(A) In making the initial appointments to these boards of
governors, the Governor shall appoint those persons who are lay
members of the boards of governors by the thirtieth day of June,
two thousand eight.
(B) At the end of the initial term, and thereafter, an
appointment to fill a vacancy on the board or reappointment of a
member who is eligible to serve an additional term is made in
accordance with the provisions of this section.
(c) The institutional boards of governors for Marshall
University and West Virginia University consist of sixteen persons.
The boards of governors of the other state institutions of higher
education consist of twelve persons.
(d) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the institutional Board of Governors at Marshall
University, thirteen lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this
section.
(5) For the institutional Board of Governors at West Virginia
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the
Board of Visitors of West Virginia University Institute of
Technology.
(6) For each institutional board of governors of the other
state institutions of higher education, nine lay members appointed
by the Governor, by and with the advice and consent of the Senate,
pursuant to this section.
(e) Of the nine members appointed by the Governor, no more
than five may be of the same political party. Of the thirteen members appointed by the Governor to the governing board of
Marshall University, no more than eight may be of the same
political party. Of the twelve members appointed by the Governor
to the governing board of West Virginia University, no more than
seven may be of the same political party. Of the nine members
appointed by the Governor, at least six shall be residents of the
state. Of the thirteen members appointed by the Governor to the
governing board of Marshall University, at least eight shall be
residents of the state. Of the twelve members appointed by the
Governor to the governing board of West Virginia University, at
least eight shall be residents of the state.
(f) The student member serves for a term of one year. Each
term begins on the first day of July.
(g) The faculty member serves for a term of two years. Each
term begins on the first day of July. Faculty members are eligible
to succeed themselves for three additional terms, not to exceed a
total of eight consecutive years.
(h) The member representing classified employees serves for a
term of two years. Each term begins on the first day of July.
Members representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(i) The appointed lay citizen members serve terms of up to
four years each and are eligible to succeed themselves for no more
than one additional term.
(j) A vacancy in an unexpired term of a member shall be filled for the unexpired term within thirty days of the occurrence of the
vacancy in the same manner as the original appointment or election.
Except in the case of a vacancy, all elections shall be held and
all appointments shall be made no later than the thirtieth day of
June preceding the commencement of the term. Each board of
governors shall elect one of its appointed lay members to be
chairperson in June of each year except for the fiscal year
beginning on the first day of July, two thousand eight only, when
the board shall elect the chairperson in July. A member may not
serve as chairperson for more than four consecutive years.
(k) The appointed members of the institutional boards of
governors serve staggered terms of up to four years except that
four of the initial appointments to the governing boards of
community and technical colleges which become independent on the
first day of July, two thousand eight are for terms of two years
and five of the initial appointments are for terms of four years.
(l) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, an employee of any institution of
higher education; an officer or member of any political party
executive committee; the holder of any other public office or
public employment under the government of this state or any of its
political subdivisions; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; or
a member of the Council or Commission. This subsection does not
prevent the representative from the faculty, classified employees,
students, or the superintendent of a county board of education from
being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of a board of visitors of
any public institution of higher education; an employee of any
institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; an
employee of any affiliated research corporation created pursuant to
article twelve of this chapter; an employee of any affiliated
foundation organized and operated in support of one or more state
institutions of higher education; or a member of the Council or
Commission. This subsection does not prevent the representative
from the faculty, classified employees, students, or chairpersons
of the boards of advisors from being members of the governing
boards.
(m) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as such by taking and subscribing to the oath of office prescribed by
section five, article IV of the Constitution of West Virginia and
the certificate thereof shall be filed with the Secretary of State.
(n) A member of a governing board appointed by the Governor
may not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
(o) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
§18B-2A-2. Meetings.
(a) The boards of governors shall hold at least six meetings
in every fiscal year, including an annual meeting each June for the
purpose of electing officers.
Of the sixteen voting members of the boards of governors of
Marshall University and West Virginia University, nine shall
constitute a quorum. Of the twelve voting members of the boards of
governors of the other state institutions of higher education,
seven shall constitute a quorum. A majority vote of the quorum shall be necessary to pass upon matters before the institutional
board of governors.
(b) The boards of governors may set aside time as they
consider appropriate to afford administrators, faculty, students
and classified staff an opportunity to discuss issues affecting
these groups.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institution of higher education under its jurisdiction;
(b) Develop a master plan for the institution under its
jurisdiction.
(1) The ultimate responsibility for developing and updating
the master plans at the institutional level resides with the board
of governors, but the ultimate responsibility for approving the
final version of the institutional master plans, including periodic
updates, resides with the Commission or Council, as appropriate.
(2) Each master plan shall include, but not be limited to, the
following:
(A) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(B) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and projections necessary in a plan to assure that the needs of the
institution's area of responsibility for a quality system of higher
education are addressed;
(C) Document the involvement of the Commission or Council, as
appropriate, institutional constituency groups, clientele of the
institution and the general public in the development of all
segments of the institutional master plan.
(3) The plan shall be established for periods of not less than
three nor more than five years and shall be revised periodically as
necessary, including the addition or deletion of degree programs
as, in the discretion of the appropriate governing board, are
necessary;
(c) Prescribe for the institution under its jurisdiction, in
accordance with its master plan and compact, specific functions and
responsibilities to achieve the goals, objectives and priorities
established in articles one and one-d of this chapter to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;
(d) Direct the preparation of a budget request for the
institution under its jurisdiction, which relates directly to
missions, goals and projections as found in the institutional
master plan and the institutional compact;
(e) Consider, revise and submit to the Commission or Council,
as appropriate, a budget request on behalf of the institution under
its jurisdiction;
(f) Review, at least every five years, all academic programs offered at the institution under its jurisdiction. The review
shall address the viability, adequacy and necessity of the programs
in relation to established state goals, objectives and priorities,
the institutional master plan, the institutional compact and the
education and workforce needs of its responsibility district. As
a part of the review, each governing board shall require the
institution under its jurisdiction to conduct periodic studies of
its graduates and their employers to determine placement patterns
and the effectiveness of the education experience. Where
appropriate, these studies should coincide with the studies
required of many academic disciplines by their accrediting bodies;
(g) Ensure that the sequence and availability of academic
programs and courses offered by the institution under its
jurisdiction is such that students have the maximum opportunity to
complete programs in the time frame normally associated with
program completion. Each governing board is responsible to see
that the needs of nontraditional college-age students are
appropriately addressed and, to the extent it is possible for the
individual governing board to control, to assure core course work
completed at the institution under its jurisdiction is transferable
to any other state institution of higher education for credit with
the grade earned;
(h) Subject to the provisions of article one-b of this
chapter, approve the teacher education programs offered in the
institution under its control. In order to permit graduates of
teacher education programs to receive a degree from a nationally accredited program and in order to prevent expensive duplication of
program accreditation, the Commission may select and use one
nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation;
(i) Use faculty, students and classified employees in
institutional-level planning and decisionmaking when those groups
are affected;
(j) Subject to the provisions of federal law and pursuant to
the provisions of article nine of this chapter and to rules adopted
by the Commission and the Council, administer a system for the
management of personnel matters, including, but not limited to,
personnel classification, compensation and discipline for employees
at the institution under its jurisdiction;
(k) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article two, chapter six-c
of this code is the exclusive mechanism for hearing prospective
employee grievances and appeals;
(l) Solicit and use or expend voluntary support, including
financial contributions and support services, for the institution
under its jurisdiction;
(m) Appoint a president for the institution under its
jurisdiction subject to the provisions of section six, article
one-b of this chapter;
(n) Conduct written performance evaluations of the president
pursuant to section six, article one-b of this chapter;
(o) Employ all faculty and staff at the institution under its
jurisdiction. The employees operate under the supervision of the
president, but are employees of the governing board;
(p) Submit to the Commission or Council, as appropriate, no
later than the first day of November of each year an annual report
of the performance of the institution under its jurisdiction during
the previous fiscal year as compared to established state goals,
objectives, and priorities, and goals stated in its master plan and
institutional compact;
(q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the public
institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal,
the boards may share resources among the various groups in the
community;
(r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this
chapter;
(s) Delegate, with prescribed standards and limitations, the
part of its power and control over the business affairs of the
institution to the president in any case where it considers the
delegation necessary and prudent in order to enable the institution
to function in a proper and expeditious manner and to meet the
requirements of its master plan and institutional compact. If a governing board elects to delegate any of its power and control
under the provisions of this subsection, it shall enter the
delegation in the minutes of the meeting when the decision was made
and shall notify the Commission or Council, as appropriate. Any
delegation of power and control may be rescinded by the appropriate
governing board, the Commission or Council, as appropriate, at any
time, in whole or in part, except that the Commission may not
revoke delegations of authority made by the governing boards of
Marshall University or West Virginia University as they relate to
the state institutions of higher education known as Marshall
University and West Virginia University;
(t) Unless changed by the Commission or the Council, as
appropriate, continue to abide by existing rules setting forth
standards for acceptance of advanced placement credit for the
institution under its jurisdiction. Individual departments at a
state institution of higher education may, upon approval of the
institutional faculty senate, require higher scores on the advanced
placement test than scores designated by the governing board when
the credit is to be used toward meeting a requirement of the core
curriculum for a major in that department;
(u) Consult, cooperate and work with the State Treasurer and
the State Auditor to update as necessary and maintain an efficient
and cost-effective system for the financial management and
expenditure of special revenue and appropriated state funds at the
institution under its jurisdiction that ensures that properly
submitted requests for payment be paid on or before due date but, in any event, within fifteen days of receipt in the State Auditor's
office;
(v) In consultation with the appropriate chancellor and the
Secretary of the Department of Administration, develop, update as
necessary and maintain a plan to administer a consistent method of
conducting personnel transactions, including, but not limited to,
hiring, dismissal, promotions and transfers at the institution
under its jurisdiction. Each personnel transaction shall be
accompanied by the appropriate standardized system or forms which
shall be submitted to the respective governing board and the
Department of Finance and Administration;
(w) Notwithstanding any other provision of this code to the
contrary, transfer funds from any account specifically appropriated
for its use to any corresponding line item in a general revenue
account at any agency or institution under its jurisdiction as long
as such transferred funds are used for the purposes appropriated;
(x) Transfer funds from appropriated special revenue accounts
for capital improvements under its jurisdiction to special revenue
accounts at agencies or institutions under its jurisdiction as long
as such transferred funds are used for the purposes appropriated;
(y) Notwithstanding any other provision of this code to the
contrary, acquire legal services that are necessary, including
representation of the governing board, its institution, employees
and officers before any court or administrative body. The counsel
may be employed either on a salaried basis or on a reasonable fee
basis. In addition, the governing board may, but is not required to, call upon the Attorney General for legal assistance and
representation as provided by law; and
(z) Contract and pay for disability insurance for a class or
classes of employees at a state institution of higher education
under its jurisdiction.
§18B-2A-7a. Transfer of orders, resolutions, policies and rules,
obligations, etc.
(a) Effective the first day of July, two thousand eight, a
governing board is established for the following state institutions
of higher education pursuant to section one of this article:
(1) Marshall Community and Technical College;
(2) Pierpont Community and Technical College, formerly a
division of Fairmont State University;
(3) The Community and Technical College at West Virginia
University Institute of Technology;
(4) West Virginia State Community and Technical College; and
(5) West Virginia University at Parkersburg.
(b) All orders, resolutions, policies and rules adopted or
promulgated by a governing board of a former administratively
linked community and technical college, regional campus, or
division within an accredited institution on behalf of an
institution named in subsection (a) of this section relating to the
community and technical college or community and technical college
education, or which the newly-established board of governors finds
necessary or expedient for the exercise of its lawful powers and
duties pursuant to the provisions of this chapter, shall continue in effect until rescinded, revised, altered or amended by the
newly-established board of governors. Nothing in this section
requires the initial rules or policies of a community and technical
college to be promulgated again under the rule adopted by the
Council pursuant to section six, article one of this chapter unless
such rules or policies are rescinded, revised, altered or amended.
(c) Each valid agreement and obligation, undertaken or agreed
to by the former sponsoring institution or governing board of a
division, regional campus or administratively-linked community and
technical college before the first day of July, two thousand eight,
on behalf of a community and technical college named in subsection
(a) of this section is hereby transferred to the board of governors
of that community and technical college.
(d) Each newly established board of governors and each
appropriate institution formerly sponsoring a community and
technical college shall jointly agree on a division of all assets
and liabilities. If the boards of governors are unable to reach
agreement concerning a division of assets and liabilities on or
before the first day of December, two thousand eight, the boards of
governors shall submit a summary of issues in dispute to the
Commission and the Council which shall jointly resolve all
outstanding issues concerning the division of assets and
liabilities.
(e) For purposes of generating audited financial statements
for inclusion in the higher education fund and state single audits,
the division of all assets and liabilities shall be effective retroactively to the first day of July, two thousand eight.
(f) Any other disputes between an independent community and
technical college and its former sponsoring institution, regarding
their respective rights and responsibilities under this chapter of
the code, which cannot be resolved by the governing boards, shall
be resolved as follows:
(1) The matters in dispute shall be summarized in writing and
submitted to the chancellors jointly for resolution;
(2) If the matters in dispute cannot be resolved by the
chancellors within thirty days, they shall be submitted to the
Council and Commission for resolution;
(3) If the Commission and Council jointly cannot reach a
resolution following their first regularly scheduled meeting or
within sixty days, whichever is sooner, the chairpersons of the
Commission and Council respectively shall establish a three-person
panel to hear the matters and issue a decision within thirty days:
(A) The three-person panel is comprised of one person
appointed by the chairperson of the Commission, one person
appointed by the chairperson of the Council, and one person
appointed jointly by the two chairpersons.
(B) The decision rendered by the three-person panel is binding
on the governing boards, Commission and Council, and may not be
challenged in the courts of this state.
(g) Each former sponsoring institution and community and
technical college shall enter into a comprehensive agreement to
address the division of assets and liabilities and the allocation of revenues and expenditures between former sponsoring institutions
and newly independent community and technical colleges.
(h) Absent manifest injustice as determined jointly by the
Council and Commission, the following general principles apply to
the division of assets and liabilities and allocation of revenues
and expenditures between former sponsoring institutions and the
newly independent community and technical colleges:
(1) For accounting purposes, the institution that assumes
responsibility for any asset also shall assume responsibility for
any associated liabilities.
(2) Although one institution may assume responsibility for an
asset and associated liabilities for accounting purposes, both
institutions shall agree on their respective responsibilities for
reducing and ultimately eliminating the liability over time if the
asset was originally acquired and/or is being used for the benefit
of both institutions.
(A) Any agreement to allocate system and institution
educational and general and auxiliary debt service payments shall
be consistent with the provisions of all applicable bond covenants.
(B) Absent a controlling bond covenant or other agreement,
debt service payments associated with bonded indebtedness
presumptively shall be allocated based on the relative full-time
equivalent student enrollment of the two institutions either as a
whole or on the campus where the asset is located and may be
adjusted annually to reflect enrollment changes at the two
institutions.
(3) The institutions shall agree to allocate educational and
general and auxiliary capital fees in excess of those needed to
cover bonded indebtedness to ensure that assets of both
institutions are maintained in proper repair and that the
institutions assume responsibility for a reasonable share of the
total costs of maintaining the facilities.
(4) The institutions shall develop a plan that ensures the
financial stability of auxiliary enterprises, including, but not
limited to, student housing, student centers, dining services,
parking, and athletics through fiscal year two thousand twelve.
(A) If community and technical college students pay a
mandatory athletics fee for the benefit of a former sponsoring
institution, but receive no direct benefit from that fee, the
community and technical college may phase out that fee over a five-
year period.
(B) If certain community and technical college students were
required to live in institution housing consistent with rules or
policies in effect on the effective date of this section, the
former sponsoring institution may continue to require these
students to live in institution housing for at least one year.
(i) If either institution proposes to reduce the services that
it provides or purchases from the other institution by more than
ten percent in any one year and the reduction exceeds two hundred
thousand dollars, the institution shall obtain the approval of both
the Council and the Commission before doing so. In evaluating the
proposal, the Council and Commission shall consider the following:
(1) The benefit to be obtained for the institution seeking to
reduce the services it provides or purchases;
(2) The impact of the proposed reduction on the institution
currently providing the services;
(3) Any additional costs that might be incurred as a result of
the reduction in services; and
(4) The adequacy of the transition plan.
(j) To the extent practicable, state financial systems shall
be set up for higher education institutions which participate in
shared services agreements to facilitate ease of processing while
ensuring that data from the two institutions are readily segregable
at the state level.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-6. Powers and duties of the Council.
(a) The Council is the sole agency responsible for
administration of vocational-technical-occupational education and
community and technical college education in the state. The
Council has jurisdiction and authority over the community and
technical colleges and the statewide network of independently
accredited community and technical colleges as a whole, including
community and technical college education programs as defined in
section two, article one of this chapter.
(b) The Council shall propose rules pursuant to section six,
article one of this chapter and article three-a, chapter twenty-nine-a of this code to implement the provisions of this section and
applicable provisions of article one-d of this chapter:
(1) To implement the provisions of article one-d of this
chapter relevant to community and technical colleges, the Council
may propose rules jointly with the Commission or separately and may
choose to address all components of the accountability system in a
single rule or may propose additional rules to cover specific
components;
(2) The rules pertaining to financing policy and benchmarks
and indicators required by this section shall be filed with the
Legislative Oversight Commission on Education Accountability by the
first day of October, two thousand eight. Nothing in this
subsection requires other rules of the Council to be promulgated
again under the procedure set forth in article three-a, chapter
twenty-nine-a of this code unless such rules are rescinded,
revised, altered or amended; and
(3) The Legislature finds that an emergency exists and,
therefore, the Council shall propose an emergency rule or rules to
implement the provisions of this section relating to the financing
policy and benchmarks and indicators in accordance with section
six, article one of this chapter and article three-a, chapter
twenty-nine-a of this code by the first day of October, two
thousand eight. The emergency rule or rules may not be implemented
without prior approval of the Legislative Oversight Commission on
Education Accountability.
(c) The Council has the following powers and duties relating to the authority established in subsection (a) of this section:
(1) Develop, oversee and advance the public policy agenda for
community and technical college education for the purpose of
accomplishing the mandates of this section, including, but not
limited to, the following:
(A) Achieving the goals and objectives established in articles
one and one-d of this chapter;
(B) Addressing the goals and objectives contained in the
institutional compacts created pursuant to section seven, article
one-d of this chapter; and
(C) Developing and implementing the master plan described in
section five, article one-d of this chapter;;
(2) Propose a legislative rule pursuant to subsection (b) of
this section and article three-a, chapter twenty-nine-a of this
code to develop and implement a financing policy for community and
technical college education in West Virginia. The rule shall meet
the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
(C) Establish a plan for strategic funding to strengthen
capacity for support of community and technical college education;
and
(D) Establish a plan that measures progress and provides performance-based funding to institutions which make significant
progress in the following specific areas:
(i) Achieving the objectives and priorities established in
article one-d of this chapter;
(ii) Serving targeted populations, especially working age
adults twenty-five years of age and over;
(iii) Providing access to high cost, high demand technical
programs in every region of the state;
(iv) Increasing the percentage of functionally literate adults
in every region of the state; and
(v) Providing high quality community and technical college
education services to residents of every region of the state.
(3) Create a policy leadership structure relating to community
and technical college education capable of the following actions:
(A) Developing, building public consensus around and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the Council shall seek input from the
Legislature and the governor and specifically from the State Board
of Education and local school districts in order to create the
necessary linkages to assure smooth, effective and seamless
movement of students through the public education and
post-secondary education systems and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the governing boards of the institutions
under the Council's jurisdiction carry out their duty effectively to govern the individual institutions of higher education; and
(C) Holding each community and technical college and the
statewide network of independently accredited community and
technical colleges as a whole accountable for accomplishing their
missions and achieving the goals and objectives established in
articles one, one-d, and three-c of this chapter;
(4) Develop for inclusion in the statewide public agenda, a
plan for raising education attainment, increasing adult literacy,
promoting workforce and economic development and ensuring access to
advanced education for the citizens of West Virginia;
(5) Provide statewide leadership, coordination, support, and
technical assistance to the community and technical colleges and to
provide a focal point for visible and effective advocacy for their
work and for the public policy agendas approved by the Commission
and Council.
(6) Review and adopt annually all institutional compacts for
the community and technical colleges pursuant to the provisions of
section seven, article one-d of this chapter;
(7) Fulfill the mandates of the accountability system
established in article one-d of this chapter and report on progress
in meeting established goals, objectives, and priorities to the
elected leadership of the state;
(8) Propose a legislative rule pursuant to subsection (b) of
this section and article three-a, chapter twenty-nine-a of this
code to establish benchmarks and indicators in accordance with the
provisions of this subsection;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional progress:
(A) In meeting state goals, objectives, and priorities
established in articles one and one-d of this chapter;
(B) In carrying out institutional missions; and
(C) In meeting the essential conditions established in article
three-c of this chapter;
(10) Collect and analyze data relating to the performance of
community and technical colleges in every region of West Virginia
and report periodically or as directed to the Legislative Oversight
Commission on Education Accountability on the progress in meeting
the goals and objectives established in articles one and one-d of
this chapter.
Additionally, the Council shall report annually during the
January interim meetings on a date and at a time and location to be
determined by the President of the Senate and the Speaker of the
House of Delegates.
The annual report shall address at least the following:
(A) The performance of the community and technical college
network during the previous fiscal year, including, but not limited
to, progress in meeting goals stated in the compacts and progress
of the institutions and the network as a whole in meeting the goals
and objectives established in articles one and one-d of this
chapter;
(B) The priorities established for capital investment needs
pursuant to subdivision (11) of this subsection and the justification for such priority; and
(C) Recommendations of the Council for statutory changes
necessary or expedient to achieve established state goals and
objectives;
(11) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments for consideration by the Governor and the Legislature
as part of the appropriation request process. Notwithstanding the
language in subdivision eleven, subsection a, section four, article
one-b of this chapter, the Commission is not a part of the process
for identifying needs for capital investments for the Statewide
network of independently accredited community and technical
colleges.
(12) Draw upon the expertise available within the Governor's
Workforce Investment Office and the West Virginia Development
Office as a resource in the area of workforce development and
training;
(13) Acquire legal services that are considered necessary,
including representation of the Council, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the Council may, but is not
required to, call upon the attorney general for legal assistance
and representation as provided by law;
(14) Employ a chancellor for community and technical college education pursuant to section three of this article;
(15) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the Council consistent with
the provisions of section two, article four of this chapter;
(16) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the Council who are employed
solely by the Council;
(17) Provide suitable offices in Charleston for the chancellor
and other staff;
(18) Approve the total compensation package from all sources
for presidents of community and technical colleges, as proposed by
the governing boards. The governing boards must obtain approval
from the Council of the total compensation package both when
presidents are employed initially and subsequently when any change
is made in the amount of the total compensation package;
(19) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(20) Establish and implement policies and programs, jointly
with the community and technical colleges, through which students
who have gained knowledge and skills through employment,
participation in education and training at vocational schools or
other education institutions, or internet-based education programs, may demonstrate by competency-based assessment that they have the
necessary knowledge and skills to be granted academic credit or
advanced placement standing toward the requirements of an associate
degree or a bachelor's degree at a state institution of higher
education;
(21) Seek out and attend regional and national meetings and
forums on education and workforce development-related topics, as
Council members consider critical for the performance of their
duties. The Council shall keep abreast of national and regional
community and technical college education trends and policies to
aid members in developing the policies for this state that meet the
education goals and objectives established in articles one and one-
d of this chapter;
(22) Assess community and technical colleges for the payment
of expenses of the Council or for the funding of statewide
services, obligations or initiatives related specifically to the
provision of community and technical college education;
(23) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to community
and technical colleges for qualifying noncapital expenditures
incurred in the provision of services to students with physical,
learning or severe sensory disabilities;
(24) Assume the prior authority of the Commission in examining
and approving tuition and fee increase proposals submitted by
community and technical college governing boards as provided in
section one, article ten of this chapter.
(25) Develop and submit to the Commission, a single budget for
community and technical college education that reflects recommended
appropriations for community and technical colleges and that meets
the following conditions:
(A) Incorporates the provisions of the financing rule mandated
by this section to measure and provide performance funding to
institutions which achieve or make significant progress toward
achieving established state objectives and priorities;
(B) Considers the progress of each institution toward meeting
the essential conditions set forth in section three, article
three-c of this chapter, including independent accreditation; and
(C) Considers the progress of each institution toward meeting
the goals objectives, and priorities established in article one-d
of this chapter and its approved institutional compact;
(26) Administer and distribute the independently accredited
community and technical college development account;
(27) Establish a plan of strategic funding to strengthen
capacity for support and assure delivery of high quality community
and technical college education in all regions of the state;
(28) Foster coordination among all state-level, regional and
local entities providing post-secondary vocational education or
workforce development and coordinate all public institutions and
entities that have a community and technical college mission;
(29) Assume the principal responsibility for oversight of
those community and technical colleges seeking independent
accreditation and for holding governing boards accountable for meeting the essential conditions pursuant to article three-c of
this chapter;
(30) Advise and consent in the appointment of the presidents
of the community and technical colleges pursuant to section six,
article one-b of this chapter. The role of the Council in
approving a president is to assure through personal interview that
the person selected understands and is committed to achieving the
goals and objectives established in the institutional compact and
in articles one, one-d, and three-c of this chapter;
(31) Provide a single, statewide link for current and
prospective employers whose needs extend beyond one locality;
(32) Provide a mechanism capable of serving two or more
institutions to facilitate joint problem-solving in areas
including, but not limited to the following:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across
the state;
(C) Providing one-stop service for workforce training to be
delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and
collaborative ventures;
(33) Provide support and technical assistance to develop,
coordinate, and deliver effective and efficient community and
technical college education programs and services in all regions of
the state;
(34) Assist the community and technical colleges in establishing and promoting links with business, industry and labor
in the geographic areas for which each community and technical
college is responsible;
(35) Develop alliances among the community and technical
colleges for resource sharing, joint development of courses and
courseware, and sharing of expertise and staff development;
(36) Serve aggressively as an advocate for development of a
seamless curriculum;
(37) Cooperate with all providers of education services in the
state to remove barriers relating to a seamless system of public
and higher education and to transfer and articulation between and
among community and technical colleges, state colleges and
universities and public education, preschool through grade twelve;
(38) Encourage the most efficient use of available resources;
(39) Coordinate with the Commission in informing public school
students, their parents and teachers of the academic preparation
that students need in order to be prepared adequately to succeed in
their selected fields of study and career plans, including
presentation of academic career fairs;
(40) Jointly with the Commission, approve and implement a
uniform standard, as developed by the chancellors, to determine
which students shall be placed in remedial or developmental
courses. The standard shall be aligned with college admission
tests and assessment tools used in West Virginia and shall be
applied uniformly by the governing boards throughout the public
higher education system. The chancellors shall develop a clear, concise explanation of the standard which the governing boards
shall communicate to the State Board of Education and the State
Superintendent of Schools;
(41) Develop and implement strategies and curriculum for
providing developmental education which shall be applied by any
state institution of higher education providing developmental
education.
(42) Develop a statewide system of community and technical
college programs and services in every region of West Virginia for
competency-based certification of knowledge and skills, including
a statewide competency-based associate degree program;
(43) Review and approve all institutional master plans for the
community and technical colleges pursuant to section four, article
two-a of this chapter;
(44) Propose rules for promulgation pursuant to subsection (b)
of this section and article three-a, chapter twenty-nine-a of this
code that are necessary or expedient for the effective and
efficient performance of community and technical colleges in the
state;
(45) In its sole discretion, transfer any rule under its
jurisdiction, other than a legislative rule, to the jurisdiction of
the governing boards who may rescind, revise, alter or amend any
rule transferred pursuant to rules adopted by the Council and
provide technical assistance to the institutions under its
jurisdiction to aid them in promulgating rules;
(46) Develop for inclusion in the higher education report card, as defined in section eight, article one-d of this chapter,
a separate section on community and technical colleges. This
section shall include, but is not limited to, evaluation of the
institutions based upon the benchmarks and indicators developed in
subdivision (9) of this subsection;
(47) Facilitate continuation of the Advantage Valley Community
College Network under the leadership and direction of Marshall
Community and Technical College;
(48) Initiate and facilitate creation of other regional
networks of affiliated community and technical colleges that the
Council finds to be appropriate and in the best interests of the
citizens to be served;
(49) Develop with the State Board of Education plans for
secondary and post-secondary vocational-technical-occupational and
adult basic education, including, but not limited to the following:
(A) Policies to strengthen vocational-technical-occupational
and adult basic education; and
(B) Programs and methods to assist in the improvement,
modernization and expanded delivery of vocational-technical-
occupational and adult basic education programs;
(50) Distribute federal vocational education funding provided
under the Carl D. Perkins Vocational and Technical Education Act of
1998, PL 105-332, with an emphasis on distributing financial
assistance among secondary and post-secondary vocational-
technical-occupational and adult basic education programs to help
meet the public policy agenda.
In distributing funds the Council shall use the following
guidelines:
(A) The State Board of Education shall continue to be the
fiscal agent for federal vocational education funding;
(B) The percentage split between the State Board of Education
and the Council shall be determined by rule promulgated by the
Council under the provisions of article three-a, chapter
twenty-nine-a of this code. The Council shall first obtain the
approval of the State Board of Education before proposing a rule;
(51) Collaborate, cooperate and interact with all secondary
and post-secondary vocational-technical-occupational and adult
basic education programs in the state, including the programs
assisted under the federal Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, and the Workforce Investment Act
of 1998, to promote the development of seamless curriculum and the
elimination of duplicative programs;
(52) Coordinate the delivery of vocational-technical-
occupational and adult basic education in a manner designed to make
the most effective use of available public funds to increase
accessibility for students;
(53) Analyze and report to the State Board of Education on the
distribution of spending for vocational-technical- occupational and
adult basic education in the state and on the availability of
vocational-technical-occupational and adult basic education
activities and services within the state;
(54) Promote the delivery of vocational-technical-occupational education, adult basic education and community and technical
college education programs in the state which emphasize the
involvement of business, industry and labor organizations;
(55) Promote public participation in the provision of
vocational-technical-occupational education, adult basic education
and community and technical education at the local level,
emphasizing programs which involve the participation of local
employers and labor organizations;
(56) Promote equal access to quality vocational-
technical-occupational education, adult basic education and
community and technical college education programs to handicapped
and disadvantaged individuals, adults in need of training and
retraining, single parents, homemakers, participants in programs
designed to eliminate sexual bias and stereotyping and criminal
offenders serving in correctional institutions;
(57) Meet annually between the months of October and December
with the Advisory Committee of Community and Technical College
Presidents created pursuant to section eight of this article to
discuss those matters relating to community and technical college
education in which advisory committee members or the Council may
have an interest;
(58) Accept and expend any gift, grant, contribution, bequest,
endowment or other money for the purposes of this article;
(59) Assume the powers set out in section nine of this
article. The rules previously promulgated by the State College
System Board of Directors pursuant to that section and transferred to the Commission are hereby transferred to the Council and shall
continue in effect until rescinded, revised, altered or amended by
the Council;
(60) Pursuant to the provisions of subsection (b) of this
section and article three-a, chapter twenty-nine-a of this code,
promulgate a uniform joint legislative rule with the Commission for
the purpose of standardizing, as much as possible, the
administration of personnel matters among the institutions of
higher education;
(61) Determine when a joint rule among the governing boards of
the community and technical colleges is necessary or required by
law and, in those instances and in consultation with the governing
boards, promulgate the joint rule;
(62) Promulgate a joint rule with the Commission establishing
tuition and fee policy for all institutions of higher education.
The rule shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Any other policies the Commission and Council consider
appropriate;
(63) In cooperation with the West Virginia Division of
Highways, study a method for increasing the signage signifying
community and technical college locations along the state
interstate highways, and report to the Legislative Oversight Commission on Education Accountability regarding any
recommendations and required costs; and
(64) Implement a policy jointly with the Commission whereby
any course credit earned at a community and technical college
transfers for program credit at any other state institution of
higher education and is not limited to fulfilling a general
education requirement.
(d) In addition to the powers and duties listed in subsections
(a), (b) and (c) of this section, the Council has the following
general powers and duties related to its role in developing,
articulating and overseeing the implementation of the public policy
agenda for community and technical colleges:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda for the delivery
of community and technical college education and in serving as an
agent of change;
(2) Policy analysis and research focused on issues affecting
the community and technical college network as a whole or a
geographical region thereof;
(3) Development and implementation of each community and
technical college mission definition including use of incentive and
performance funds to influence institutional behavior in ways that
are consistent with achieving established state goals, objectives,
and priorities;
(4) Academic program review and approval for the institutions
under its jurisdiction, including the use of institutional missions as a template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes;
(5) Development of budget and allocation of resources for
institutions delivering community and technical college education,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
(6) Acting as the agent to receive and disburse public funds
related to community and technical college education when a
governmental entity requires designation of a statewide higher
education agency for this purpose;
(7) Development, establishment and implementation of
information, assessment and internal accountability systems,
including maintenance of statewide data systems that facilitate
long-term planning and accurate measurement of strategic outcomes
and performance indicators for community and technical colleges;
(8) Jointly with the Commission, development, establishment
and implementation of policies for licensing and oversight of both
public and private degree-granting and nondegree-granting
institutions that provide post-secondary education courses or
programs.
(9) Development, implementation and oversight of statewide and
regionwide projects and initiatives related specifically to
providing community and technical college education such as those
using funds from federal categorical programs or those using
incentive and performance-based funding from any source; and
(10) Quality assurance that intersects with all other duties
of the Council particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information
and accountability systems.
(e) The Council may withdraw specific powers of a governing
board under its jurisdiction for a period not to exceed two years
if the Council makes a determination that any of the following
conditions exist:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in section seven,
article one-d of this chapter;
(2) The Council has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the Council,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
The period of withdrawal of specific powers may not exceed two
years during which time the Council is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
(f) In addition to the powers and duties provided for in
subsections (a), (b), (c) and (d) of this section and any others
assigned to it by law, the Council has those powers and duties
necessary or expedient to accomplish the purposes of this article; and
(g) When the Council and Commission, each, is required to
consent, cooperate, collaborate or provide input into the actions
of the other the following conditions apply:
(1) The body acting first shall convey its decision in the
matter to the other body with a request for concurrence in the
action;
(2) The Commission or the Council, as the receiving body,
shall place the proposal on its agenda and shall take final action
within sixty days of the date when the request for concurrence is
received; and
(3) If the receiving body fails to take final action within
sixty days, the original proposal stands and is binding on both the
Commission and the Council.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
§18B-2C-1. Legislative findings; intent.
(a)
Legislative findings. --
(1) The Legislature hereby finds that for nearly two decades
legislation has been enacted having as a principal goal creation of
a strong, effective system of community and technical education
capable of meeting the needs of the citizens of the state. In
furtherance of that goal, the Legislature has passed the following
major pieces of legislation:
(A) Enrolled Senate Bill 420, passed during the regular
session of one thousand nine hundred eighty-nine, reorganized the
governance structure of public higher education and created the Joint Commission for Vocational-technical-occupational Education to
bridge the gap between secondary and post-secondary vocational,
technical, and occupational education;
(B) Enrolled Senate Bill 377, passed during the regular
session of one thousand nine hundred ninety-three, adopted goals
and objectives for public post-secondary education, addressed the
needs of nontraditional students, directed the institutions to
include an assessment of work force development needs in their
master plans and established the resource allocation model and
policies to aid governing boards and institutions in meeting the
established goals and objectives;
(C) Enrolled Senate Bill 547, passed during the regular
session of one thousand nine hundred ninety-five, established goals
and funding for faculty and staff salaries, required the governing
boards to establish community and technical education with the
administrative, programmatic and budgetary control necessary to
respond to local needs and provided that community and technical
college budgets be appropriated to a separate control account;
(D) Enrolled Senate Bill 653, passed during the regular
session of two thousand, established the Commission to develop a
public policy agenda for higher education in conjunction with state
leaders, set forth the essential conditions that must be met by
each community and technical college in the state, and mandated
that most component community and technical colleges move to
independent accreditation.
(E) Enrolled Senate Bill 703, passed during the regular session of two thousand one, authorized the creation of a statewide
community and technical college to provide leadership and technical
support to the community and technical colleges to aid them in
achieving independent accreditation, enhance their ability to serve
the interests of the people of West Virginia, and focus attention
on achieving established state goals.
(F) Enrolled House Bill 2224, passed during the regular
session of two thousand three, created New River Community and
Technical College of Bluefield State College as a multi-campus
institution from existing community and technical college
components, branches and off-campus delivery sites in order to give
greater cohesiveness, emphasis and priority to meeting the
essential conditions pursuant to section three, article three-c of
this chapter and to provide greater access to high-quality programs
in the institution's expanded service district.
(G) Enrolled Senate Bill 448, passed during the regular
session of two thousand four, established the West Virginia Council
for Community and Technical College Education as a separate
coordinating agency with authority over state community and
technical colleges, branches, centers, regional centers, and other
delivery sites with a community and technical college mission.
(2) The
Market Street Report, the
McClenney Report, and the
Implementation Board Report, cited in article two-b of this
chapter, each reflects recent research and indicates that, while
these legislative actions cited above have helped the state to make
progress in certain areas of higher education, they have not offered a complete solution to the problems of community and
technical colleges.
(b)
Intent. -- Therefore, the intent of the Legislature in
enacting these pieces of legislation is as follows:
(1) To provide logical steps in the process of developing
strong institutions capable of delivering community and technical
education to meet the needs of the state. Each act may be viewed as
a building block added to the foundation laid by earlier
legislation;
(2) To create a mechanism whereby the Council, if necessary,
can assure through its own direct action that the goals established
in articles one, one-d, and three-c of this chapter are met; and
(3) To authorize the Council to create the West Virginia
Community and Technical College to serve the interests of the
people of West Virginia by advancing the public policy agenda
developed pursuant to article two-b of this chapter. If the
Council makes a determination under the provisions of this section
that it is necessary or expedient to create the statewide community
and technical college, the following goals are the specific focus
of the college and its governing board:
(A) To encourage development of a statewide mission that
raises education attainment, increases adult literacy, promotes
work force and economic development, and ensures access to post-
secondary education for every region of the state;
(B) To provide oversight or governance of the community and
technical colleges, branches, centers, regional centers, and other delivery sites with a community and technical college mission;
(C) To provide leadership, support and coordination; and
(D) To protect and expand the local autonomy and flexibility
necessary for community and technical colleges to succeed.
§18B-2C-3. Authority and duty of Council to determine progress of
community and technical colleges; conditions;
authority to create West Virginia community and
technical college.
(a) The Council annually shall review and analyze all the
state community and technical colleges, and any branches, centers,
regional centers or other delivery sites with a community and
technical college mission, to determine their progress toward
meeting the goals, objectives, priorities, and essential conditions
established in articles one, one-d and three-c of this chapter.
(b) The analysis required in subsection (a) of this section
shall be based, in whole or in part, upon the findings made
pursuant to the rule establishing benchmarks and indicators
promulgated by the Council pursuant to section six, article two-b
of this chapter.
(c) Based upon their analysis in subsections (a) and (b) of
this section, the Council shall make a determination whether any
one or more of the following conditions exists:
(1) A community and technical college required to do so has
not achieved or is not making sufficient, satisfactory progress
toward achieving the essential conditions, including independent accreditation;
(2) One or more of the public community and technical
colleges, branches, centers, regional centers and other delivery
sites with a community and technical college mission requires
financial assistance or other support to meet the goals and
essential conditions set forth in this chapter;
(3) It is in the best interests of the people of the state or
a region within the state to have a single, accredited institution
which can provide an umbrella of statewide accreditation;
(4) One or more of the state community and technical colleges,
branches, centers, regional centers or other delivery sites with a
community and technical college mission requests from the Council
the type of assistance which can best be delivered through
implementation of the provisions of section four of this article.
Institutional requests that may be considered by the Council
include, but are not limited to, assistance in seeking and/or
attaining independent accreditation, in meeting the goals,
priorities and essential conditions established in articles one,
one-d and three-c of this chapter, or in establishing and
implementing regional networks.
(5) One or more state community and technical colleges,
branches, centers, regional centers or other delivery sites with a
community and technical college mission has not achieved, or is not
making sufficient, satisfactory progress toward achieving, the
goals, objectives and essential conditions established in articles
one, one-d, and three-c of this chapter; and
(6) The Council determines that it is in the best interests of
the people of the state or a region of the state to create a
statewide, independently accredited community and technical
college.
(d) The Council may not make a determination subject to the
provisions of this section that a condition does not exist based
upon a finding that the higher education entity lacks sufficient
funds to make sufficient, satisfactory progress.
(e) By the first day of December annually, the Council shall
prepare and file with the Legislative Oversight Commission on
Education Accountability a written report on the findings and
determinations required by this section, together with a detailed
history of any actions taken by the Council under the authority of
this article.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH DOCTORAL-
GRANTING PUBLIC UNIVERSITIES.
§18B-3-3. Relationship of governing boards to the Commission and
the Council.
(a)
Relationship between the Commission and the governing
boards. --
(1) The Commission functions as a state-level coordinating
board exercising its powers and duties in relation to the governing
boards of Marshall University and West Virginia University only as
specifically prescribed by law;
(2) The primary responsibility of the Commission is to work collaboratively with the governing boards to research, develop and
propose policy that will achieve the established goals and
objectives set forth in this chapter and chapter eighteen-c of this
code; and
(3) The Commission has specific responsibilities which
include, but are not limited to, the following:
(A) Advocating for public higher education at the state level;
and
(B) Collecting and analyzing data, researching, developing
recommendations, and advising the Legislature and the Governor on
broad policy initiatives, use of incentive funding, national and
regional trends in higher education and issues of resource
allocation involving multiple governing boards.
(b)
Relationship between the Council and the governing boards.
--
(1) The Council maintains all powers and duties assigned to it
by law or policy relating to the institution known as Marshall
Community and Technical College, the institution known as The
Community and Technical College at West Virginia University
Institute of Technology and the institution known as West Virginia
University at Parkersburg;
(2) The Council functions as a coordinating board for the
institutions under its jurisdiction which make up the statewide
network of independently-accredited community and technical
colleges. In addition to recognizing the authority assigned by law
to the Council and abiding by rules duly promulgated by the Council relating to the community and technical colleges, it is the
responsibility of the governing boards of Marshall University and
West Virginia University to exercise their authority and carry out
their responsibilities in a manner that is consistent with and
complementary to the powers and duties assigned by law or policy to
the community and technical colleges or to the Council;
(c) The governing boards shall work collaboratively with the
Commission, the Council and their staff to provide any and all
information requested by the Commission or the Council in an
appropriate format and in a timely manner.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-5. Appointment of community and technical college
presidents.
(a) The administrative head of a community and technical
college is the president who is chosen pursuant to the terms of
section six, article one-b of this chapter.
(b) Any individual employed as provost, president, or
divisional administrative head of a community and technical college
on the thirtieth day of June, two thousand eight, which institution
becomes independent on the effective date of this section,
continues as the administrative head of the institution and becomes
the community and technical college president on the first day of
July, two thousand eight, subject to the provisions of section six,
article one-b of this chapter.
§18B-3C-8. Legislative findings and intent; statewide network of independently accredited community and technical
colleges; operations and administration.
(a)
Legislative findings. --
(1) The Legislature has enacted legislation, beginning with
Enrolled Senate Bill No. 653, passed during the two thousand
regular session, and continuing with Enrolled Senate Bill No. 703,
passed during the two thousand one regular session, Enrolled House
Bill No. 2224, passed during the two thousand three regular
session, and Enrolled Senate Bill No. 448, passed during the two
thousand four regular session, the purpose of which is to
strengthen the state's community and technical colleges, clarify
their core mission and establish essential conditions to be met,
and ensure the most effective delivery of services to business,
industry, and West Virginia citizens in every region of the state.
(2) The primary goal of the Legislature is to create a
statewide network of independently accredited community and
technical colleges that focuses on technical education, workforce
training, and lifelong learning for the Twenty-first Century,
consistent with the goals, objectives, priorities and essential
conditions established in articles one, one-d and three-c of this
chapter.
(3) A necessary precedent to accomplishing the legislative
goal is to change the way that leaders at all levels of education,
including institutional governing boards, view community and
technical colleges. Specifically, that the mission of community
and technical colleges is different from that of traditional four-year colleges in what they seek to accomplish and how they can
achieve it effectively and that the state can not compete
successfully in today's information-driven, technology-based
economy if community and technical colleges continue to be viewed
as add-ons or afterthoughts attached to the baccalaureate
institutions.
(b)
Legislative intent. --
(1) Therefore, it is the intent of the Legislature that the
statewide network of independently-accredited community and
technical colleges as a whole and each independent community and
technical college individually provide the following types of
services as part of the core institutional mission:
(A) Career and technical education certificate, associate of
applied science, and selected associate of science degree programs
for students seeking immediate employment, individual
entrepreneurship skills, occupational development, skill
enhancement and career mobility;
(B) Transfer education associate of arts and associate of
science degree programs for students whose educational goal is to
transfer into a baccalaureate degree program with particular
emphasis on reaching beyond traditional college-age students to
unserved or underserved adult populations;
(C) Developmental/remedial education courses, tutorials,
skills development labs, and other services for students who need
to improve their skills in mathematics, English, reading, study
skills, computers and other basic skill areas;
(D) Work force development education contracted with business
and industry to train or retrain employees;
(E) Continuing development assistance and education credit and
noncredit courses for professional and self-development,
certification and licensure, and literacy training; and
(F) Community service workshops, lectures, seminars, clinics,
concerts, theatrical performances and other noncredit activities to
meet the cultural, civic and personal interests and needs of the
community the institution serves.
(2) It is further the intent of the Legislature that each
community and technical college focus special attention on
programmatic delivery of their core mission services to unserved
and underserved populations to achieve established state
objectives. These include the following as highest priorities:
(A) Increasing the number of adults age twenty-five and above
who participate in post-secondary education;
(B) Developing technical programs that meet the documented
occupational needs of West Virginia's employers;
(C) Providing workforce development programs by implementing
the Adult Career Pathways Model, which provides opportunities for
the following:
(i)Adults to earn certifications through the completion of
skill-sets;
(ii) Ordered progression from skill-sets and certifications to
one-year certificate programs and progression from one-year
certificate degrees to Associate of Applied Science Degree programs, and
(iii) Students to exit at any stage of completion in order to
enter employment with the option of continuing the pathway
progression at a later time and/or on a part-time basis.
(D) Offering programs in various time frames other than the
traditional semester delivery model and at different locations,
including work sites, convenient to working adults;
(E) Providing technical programs in modules or "chunks",
defined in competencies required for employment, and tied to
certification and licensing requirements.
(F) Entering into collaborative programs that recognize high-
quality training programs provided through labor unions, registered
apprenticeships, and industry-sponsored training programs with the
goal of enabling more adults to earn a college credential;
(G) Developing innovative approaches to improve the basic and
functional literacy rates of West Virginians in all regions of the
state;
(H) Developing "bridge programs" for disadvantaged youth and
adults to enable them to acquire the skills necessary to be
successful in education and training programs that lead to high-
skills, high-wage jobs; and
(I) Providing access to post-secondary education through the
delivery of developmental education for those individuals
academically under-prepared for college-level work.
(c) In fulfillment of the purposes and intent defined in
subsections (a) and (b) of this section, there is continued a statewide network of independently accredited community and
technical colleges serving every region of the state. Each free-
standing and independent community and technical college is
strongly encouraged to serve as a higher education center for its
region by brokering with other colleges, universities and
providers, in-state and out-of-state, both public and private, to
afford the most coordinated access to needed programs and services
by students, employers and other clients, to achieve the goals,
objectives, and essential conditions established in articles one,
one-d, and three-c of this chapter, and to ensure the most
efficient use of scarce resources.
(d)
Statewide network of independently accredited community
and technical colleges. --
(1) By the first day of July, two thousand nine, each
governing board of a community and technical college which became
independent on the first day of July, two thousand eight, shall
make a determination by majority vote of the board whether to keep
the current name for its respective institution or to select a new
name. If a governing board chooses to select a new name, any
reference in this code to that institution by a name in use prior
to the first day of July, two thousand nine, means the institution
under the name designated by its board of governors.
(2) The statewide network of independently accredited
community and technical colleges is comprised of the following
independent state institutions of higher education under the
jurisdiction of the Council:
(A)
Blue Ridge Community and Technical College. --
Blue Ridge Community and Technical College is an independently
accredited state institution of higher education. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering
to the essential conditions pursuant to section three of this
article.
(B)
The Community and Technical College at West Virginia
University Institute of Technology. --
(i) The Community and Technical College at West Virginia
University Institute of Technology is an independently accredited
state institution of higher education which may maintain an
association with West Virginia University Institute of Technology,
a division of West Virginia University, or directly with West
Virginia University, subject to the provisions of section twelve of
this article. The president and the governing board of the
community and technical college are responsible for maintaining
independent accreditation and adhering to the essential conditions
pursuant to section three of this article.
(ii) West Virginia University Institute of Technology may
continue associate degree programs in areas of particular
institutional strength which are closely articulated to its
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the Council and through contract with the community and technical college. The terms of the contract shall
be negotiated between the governing boards of the community and
technical college and West Virginia University Institute of
Technology or directly with West Virginia University, as
appropriate. The final contract may not be implemented until
approved by the Council except that any contract between the
community and technical college and West Virginia University
Institute of Technology or West Virginia University related to
program delivery under the terms of this section in effect on the
first day of July, two thousand eight, shall continue in effect
until the first day of July, two thousand nine, unless amended or
revoked before that date by mutual agreement of the contract
parties with approval by the Council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the Council. If the
Council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(iii)
Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia University Institute of Technology and The Community and
Technical College at West Virginia University Institute of
Technology relating to delivery of dual credit courses as defined
in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(C)
Eastern West Virginia Community and Technical College. --
Eastern West Virginia Community and Technical College is a
free-standing state institution of higher education seeking
independent accreditation. The president and the governing board
of Eastern Community and Technical College are responsible for
achieving independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(D)
Marshall Community and Technical College. --
(i) Marshall Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Marshall University subject
to the provisions of section twelve of this article. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering
to the essential conditions pursuant to section three of this
article.
(ii) Marshall University may continue associate degree
programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the Council and through
contract with Marshall Community and Technical College. The terms
of the contract shall be negotiated between the governing boards of
the community and technical college and Marshall University. The
final contract may not be implemented until approved by the Council
except that any contract between the community and technical
college and Marshall University related to program delivery under
the terms of this section in effect on the first day of July, two
thousand eight, shall continue in effect until the first day of
July, two thousand nine, unless amended or revoked before that date
by mutual agreement of the contract parties with approval by the
Council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the Council. If the Council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by
Marshall Community and Technical College.
(iii)
Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Marshall
University and Marshall Community and Technical College relating to
delivery of dual credit courses as defined in section two, article
one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(E)
New River Community and Technical College. --
(i) New River Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Bluefield State College
subject to the provisions of section twelve of this article. The
community and technical college is headquartered in Beckley and
incorporates the campuses of Greenbrier Community College Center of
New River Community and Technical College and Nicholas Community
College Center of New River Community and Technical College.
(ii) The president and the governing board of New River
Community and Technical College are responsible for maintaining
independent accreditation and adhering to the essential conditions
pursuant to section three of this article.
(iii) Bluefield State College may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided through direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the Council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the governing
boards of the community and technical college and Bluefield State
College. The final contract may not be implemented until approved
by the Council except that any contract between the community and
technical college and Bluefield State College related to program
delivery under the terms of this section in effect on the first day
of July, two thousand eight, shall continue in effect until the
first day of July, two thousand nine, unless amended or revoked
before that date by mutual agreement of the contract parties with
approval by the Council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the Council. If the
Council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by New River Community and Technical College.
(iv) Bluefield State College may continue the associate of
science degree in nursing which is an existing nationally
accredited associate degree program in an area of particular
institutional strength and which is closely articulated to the
baccalaureate program and mission. The program is of a high-cost
nature and can best be provided through direct administration by a
baccalaureate institution. This program may not be transferred to
New River Community and Technical College or any other community and technical college as long as the program maintains national
accreditation and is seamlessly coordinated into the baccalaureate
program at the institution.
(v) New River Community and Technical College participates in
the planning and development of a unified effort involving multiple
providers to meet the documented education and workforce
development needs in the region. Nothing in this subdivision
prohibits or limits any existing, or the continuation of any
existing, affiliation between Mountain State University, West
Virginia University Institute of Technology and West Virginia
University. The objective is to assure students and employers in
the area that there is coordination and efficient use of resources
among the separate programs and facilities, existing and planned,
in the Beckley area.
(F)
Pierpont Community and Technical College. --
(i) Pierpont Community and Technical College is an independent
state institution of higher education seeking independent
accreditation. The president and the governing board of Pierpont
Community and Technical College, assisted by the president and
governing board of Fairmont State University, are responsible for
the community and technical college achieving independent
accreditation and adhering to the essential conditions pursuant to
sections three and thirteen of this article.
(ii) Fairmont State University may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the Council and through
contract with the community and technical college. The terms of
the contract shall be negotiated between the Council and the
governing board of Fairmont State University. The final contract
may not be implemented until approved by the Council except that
any contract between the community and technical college and
Fairmont State University related to program delivery under the
terms of this section in effect on the first day of July, two
thousand eight, shall continue in effect until the first day of
July, two thousand nine, unless amended or revoked before that date
by mutual agreement of the contract parties with approval by the
Council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the Council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the Council. If the
Council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(iii)
Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Fairmont
State University and Pierpont Community and Technical College
relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(G)
Southern West Virginia Community and Technical College. --
Southern West Virginia Community and Technical College is an
independently-accredited, free-standing state institution of higher
education. The president and the governing board of Southern West
Virginia Community and Technical College are responsible for
maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(H)
West Virginia Northern Community and Technical College. --
West Virginia Northern Community and Technical College is an
independently-accredited, free-standing state institution of higher
education. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(I)
West Virginia State Community and Technical College. --
(i) West Virginia State Community and Technical College is an independently accredited state institution of higher education
which may maintain an association with West Virginia State
University subject to the provisions of section twelve of this
article. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(ii) West Virginia State University may continue associate
degree programs in areas of particular institutional strength which
are closely articulated to its baccalaureate programs and missions
or which are of a high-cost nature and can best be provided in
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the Council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the governing
boards of the community and technical college and West Virginia
State University. The final contract may not be implemented until
approved by the Council except that any contract between the
community and technical college and West Virginia State University
related to program delivery under the terms of this section in
effect on the first day of July, two thousand eight, shall continue
in effect until the first day of July, two thousand nine, unless
amended or revoked before that date by mutual agreement of the
contract parties with approval by the Council. Such a program
shall be evaluated according to the benchmarks and indicators for
community and technical college education developed by the Council. If the Council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall
thereafter be delivered by the community and technical college.
(iii)
(Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia State University and West Virginia State Community and
Technical College relating to delivery of dual credit courses as
defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(J)
West Virginia University at Parkersburg. --
(i) West Virginia University at Parkersburg is an
independently accredited state institution of higher education
which may maintain an association with West Virginia University
subject to the provisions of section twelve of this article. The
president and the governing board of the community and technical
college are responsible for maintaining independent accreditation
and adhering to the essential conditions pursuant to section three of this article.
(ii) Any contract between the community and technical college
and West Virginia University related to program delivery under the
authority of the Council or related to delivery of baccalaureate
programs, in effect on the first day of July, two thousand eight,
shall continue in effect unless amended or revoked by mutual
agreement of the contract parties with approval by the Council.
(iii) In recognition of the unique and essential part West
Virginia University at Parkersburg plays in providing education
services in its region, the community and technical college may
continue delivering baccalaureate degree programs offered at the
institution on the effective date of this section,
may implement
additional baccalaureate programs with the approval of the
Commission
and is strongly encouraged:
(I) To continue and expand its role as a higher education
center pursuant to subsection (c) of this section; and
(II) To broker from West Virginia University and other higher
education institutions, as appropriate, additional baccalaureate
level degree programs the community and technical college
determines are needed in its service region.
(III) Any baccalaureate degree programs offered at the
community and technical college shall be delivered under the
authority of the Commission. The program shall be evaluated
according to the benchmarks and indicators for baccalaureate
education developed by the Commission.
§18B-3C-12. Relationship between independent community and technical colleges and former sponsoring
institutions.
(a) Intent and purposes. --
(1) It is the intent of the Legislature to establish community
and technical colleges in every region of the state that meet the
essential conditions of section three of this article and focus on
achieving established state goals and objectives.
(2) This section defines the relationship between a community
and technical college which was administratively linked to a
sponsoring institution prior to the first day of July, two thousand
eight.
(b) Where an independent community and technical college was
linked administratively to a sponsoring state college or
university,, or was designated as a regional campus or a division
of another accredited state institution of higher education, prior
to the first day of July, two thousand eight the following
conditions apply:
(1) The community and technical college shall be accredited
separately from the former sponsoring institution;
(2) All state funding allocations for the community and
technical college shall be transferred directly to the community
and technical college.
(3) The former sponsoring institution and the community and
technical college shall agree to the fees the former sponsoring
institution may charge for administrative overhead costs.
(A) The fee schedule model agreed to by the institutions shall delineate services to be provided and the fees to be charged to the
community and technical colleges for the services;
(B) The fee schedule shall be based upon the reasonable and
customary fee for any service, shall bear a rational relationship
to the cost of providing the service.
(C) Any contract between a community and technical college and
its former sponsoring institution related to provision of services
pursuant to subsection (c) of this section in effect on the first
day of July, two thousand eight, shall continue in effect until the
first day of July, two thousand nine, unless amended or revoked
before that date by mutual agreement of the contracting parties.
(D) The former sponsoring institution shall continue to
provide services pursuant to subsection (c) of this section as the
governing board of the community and technical college considers
appropriate under a negotiated contractual arrangement until the
first day of July, two thousand eleven or the governing boards of
both institutions mutually agree to end the contract arrangement.
(4) An independent community and technical college and the
institution from which it obtains services may customize the fee
schedule model to fit their needs.
(5) Policies shall be formally established to ensure the
separation of academic and faculty personnel policies of the
community and technical college from those of the former sponsoring
institution. These policies include, but are not limited to,
appointment, promotion, workload and, if appropriate, tenure; and
(c) The former sponsoring institution which was administratively linked to a community and technical college prior
to the first day of July, two thousand eight, shall provide the
following services subject to the provisions of subsection (b) of
this section:
(1) Personnel management;
(2) Recordkeeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Any other services determined to be necessary and
appropriate by the board of governors of the former sponsoring
institution and the board of governors of the community and
technical college.
(d) Any disputes between an independent community and
technical college and its former sponsoring institution, regarding
their respective rights and responsibilities under this chapter of
the code, which cannot be resolved by the governing boards, shall
be resolved as follows:
(1) The matters in dispute shall be summarized in writing and
submitted to the chancellors jointly for resolution;
(2) If the matters in dispute cannot be resolved by the
chancellors within thirty days, they shall be submitted to the
Council and Commission for resolution;
(3) If the Commission and Council jointly cannot reach a
resolution following their first regularly scheduled meeting or
within sixty days, whichever is sooner, the chairpersons of the
Commission and Council respectively shall establish a three-person
panel to hear the matters and issue a decision within thirty days:
(A) The three-person panel is comprised of one person
appointed by the chairperson of the Commission, one person
appointed by the chairperson of the Council, and one person
appointed jointly by the two chairpersons.
(B) The decision rendered by the three-person panel is binding
on the governing boards, Commission and Council, and may not be
challenged in the courts of this state.
(e) The governing board of the community and technical college
and the Council are responsible for the development of the
community and technical college and for compliance with the
essential conditions, all as required by this article.
(f) The president of the community and technical college has
such responsibilities, powers and duties in the development of the
community and technical college and in compliance with the
essential conditions, as directed by the governing board or as are
necessary for the proper implementation of the provisions of this
act.
(g) Notwithstanding any other provision of this code to the
contrary, the Commission shall take necessary steps to ensure that
institutional bonded indebtedness is secure and that each community
and technical college assumes its fair share of any institutional debt acquired while it was part of the baccalaureate institution.
(h) The community and technical college is encouraged to
secure academic services from the former sponsoring institution
when it is in their best interests and beneficial to the students
to be served. In determining whether or not to secure services
from the former sponsoring institution, the community and technical
college shall consider the following:
(1) The cost of the academic services;
(2) The quality of the academic services;
(3) The availability, both as to time and place, of the
academic services; and
(4) Such other considerations as the community and technical
college finds appropriate taking into account the best interests of
the students to be served, the community and technical college, and
the former sponsoring institution. Nothing in this article
prohibits any state institution of higher education from purchasing
or brokering remedial or developmental courses from a community and
technical college.
§18B-3C-13. Legislative intent; Pierpont Community and Technical
College established as independent state
institution of higher education; governing board;
institutional organization, structure,
accreditation status.
(a) The intent of the Legislature in enacting this section is
to provide for the most effective education delivery system for community and technical education programs to the entire region to
be served by Pierpont Community and Technical College and to focus
the institutional mission on achieving state goals, objectives,
priorities, and essential conditions as established in articles
one, one-d, and three-c of this chapter.
(b) Pierpont Community and Technical College is established as
an independent state institution of higher education. Any
reference in this code to Fairmont State Community and Technical
College or to Pierpont Community and Technical College, a division
of Fairmont State University, means the independent state
institution of higher education known as Pierpont Community and
Technical College.
(c) Effective the first day of July, two thousand eight, the
board of advisors for Pierpont Community and Technical College is
the governing board for that institution subject to the provisions
of article two-a of this chapter. The administrative head of
Pierpont Community and Technical College on the thirtieth day of
June, two thousand eight, is the president of the independent
community and technical college subject to the provisions of
section five of this article.
(d) In the delivery of community and technical college
education and programs, Pierpont Community and Technical College
shall adhere to all provisions set forth in this code and rules
promulgated by the Council for the delivery of education and
programs, including, but not limited to, Council review and
approval of academic programs, institutional compacts, master plans and tuition and fee rates, including capital fees.
(e) Pierpont Community and Technical College shall pursue
independent accreditation status and the board of governors of the
community and technical college shall provide through contractual
arrangement for the administration and operation of Pierpont
Community and Technical College by Fairmont State University while
the community and technical college seeks appropriate independent
accreditation. The contractual arrangement may not be implemented
until approved by the Council and shall include provisions to
ensure that the programs offered at Pierpont Community and
Technical College are accredited while independent accreditation is
being sought. Fairmont State University shall continue to provide
services to the community and technical college which the community
and technical college or the Council considers necessary or
expedient in carrying out its mission under the terms of an
agreement between the two institutions pursuant to the provisions
of section twelve of this article.
(f) The Council has the authority and the duty to take all
steps necessary to assure that the institution acquires independent
accreditation status as quickly as possible. If the community and
technical college fails to achieve independent accreditation by the
first day of July, two thousand eleven, the Council shall sever any
contractual agreement between Pierpont Community and Technical
College and Fairmont State University and assign the responsibility
for achieving independent accreditation to another state
institution of higher education.
§18B-3C-14. Findings; intent; advanced technology centers
established; administration; boards of advisors.
(a) Findings. --
(1) The Legislature finds that ninety percent of the high-
demand, high-wage new economy occupations require education and
training beyond high school. Technology has permeated every
industry requiring higher skill levels for technician-level
occupations. Technician skills, learning capacities and
adaptability to changing technologies affect the viability both of
individual employers and entire industries. Unless West Virginia
takes immediate steps to produce additional skilled workers to
replace the aging and retiring workforce, the state faces a
critical shortage of technician-level workers which it must have to
ensure economic growth. State employers must have access to a
technically proficient workforce able to keep pace with the
changing nature of occupations in the global economy and educating
and training this technician-level workforce is a vital component
in the state's plan for economic development.
(2) The Legislature further finds that establishment of
advanced technology centers will increase the capacity of West
Virginia's community and technical colleges to deliver state-of-
the-art technical education and training. The centers will serve
as models for the most effective delivery of technician-level
education and training with the potential to develop programs of
excellence that attract participants from outside the state adding
to their value as an economic stimulus. The centers serve as catalysts for state and regional economic development by educating
and training a highly skilled technical workforce capable of
meeting both the current and emerging needs of West Virginia
employers.
(b) Legislative intent. --
(1) It is the intent of the Legislature to establish advanced
technology centers to provide advanced instruction capable of
meeting the current and future demands of occupations requiring
technical skills including the following:
(A) Addressing skills sets needed for emerging and high
technology businesses and industries which are of vital importance
to expanding the economy of the State;
(B) Training and retraining personnel for West Virginia's new
and existing business and industries;
(C) Providing instruction in strategic technical program areas
that advances the economic development initiatives of the state and
regions within the state by providing access to a skilled workforce
for companies expanding or locating in West Virginia;
(D) Providing a setting for collaboration in the delivery of
technical programs among community and technical colleges,
secondary career-technical education and baccalaureate
institutions;
(E) Invigorating teaching by providing models for program
delivery that can be shared and replicated at all state community
and technical colleges; and
(F) Developing student interest in pursuing technical occupations through exposure to advanced technologies.
(2) It is further the intent of the Legislature that
programming offered by the centers be driven by the needs of state
and local employers and economic development considerations.
Centers shall be constructed with the flexibility to accommodate
various programs simultaneously and to react quickly to adjust
programming as employer and economic development demands change.
They are furnished with state-of-the-art equipment conducive to
delivering advanced technology programs and to providing students
with real-world experiences that reflect industry standards.
Education and training at the centers includes delivery of credit
and non-credit instruction, seminars, skill sets, industry
recognized certifications, certificates and associate degree
programs. Curricula is designed in modular and other innovative
formats allowing for open entry and open exit, compressed time
frames, skill upgrades, and easy transfer from career-technical
centers and other education providers. Centers shall embrace and
promote collaborative programming among community and technical
colleges and other providers of education and training programs and
serve as receiving sites for programs to be delivered by community
and technical colleges utilizing distance education, simulation and
other collaborative, innovative approaches to increase the capacity
of the community and technical college network to deliver technical
education.
(c) Boards of Advisors. --
(1) There is hereby established a board of advisors for each advanced technology center in the state specifically to provide
advice, assistance and programmatic oversight to the president of
the community and technical college, director of the center, and
others involved in its operation in areas relevant to program
delivery and general operation of the center. In order to be
successful, each center must act assertively to develop
collaborative partnerships with employers, community and technical
colleges in its service region, and local economic development
entities. It is the responsibility of the board of advisors to
promote this vital participation.
(A) For a center which has a single participating community
and technical college in its service region, the board of governors
of the institution is designated as the board of advisors for the
center.
(B) For a center which has more than one participating
community and technical college in its service region, the board of
advisors consists of eleven members, of which a minimum of seven
shall represent employers located in the region served by the
center.
(i) The advisory board provides guidance to all governing
boards and consists of the following members:
(I) Two members from the board of governors of each
participating community and technical college which is located in
the center's service region, appointed by the board of governors of
each institution.
(II) One member representing regional economic development entities, appointed by the Council, with advice from the governing
boards of the appropriate community and technical colleges; and
(III) Sufficient at-large members appointed by the Council,
with advice from the governing boards of the appropriate community
and technical colleges, to fill the remaining seats equal to a
membership of eleven.
(ii) Members of an advisory board serve staggered terms of up
to four years beginning on the first day of September, two thousand
eight, except that five of the initial appointments to an advisory
board are for terms of two years and six of the initial
appointments are for terms of four years. Each member who
qualifies under the provisions of this section may serve for no
more than one additional term. The Council shall fill a vacancy in
an unexpired term of a member for the unexpired term within thirty
days of the occurrence of the vacancy in the same manner as the
original appointment.
(iii) The chancellor for community and technical college
education shall call the first meeting of the board of advisors and
shall serve as chairperson until a permanent chairperson is
elected.
(iv) The president of each community and technical college
located in the center's service region shall make resources
available for conducting the business of the center's board of
advisors. The presidents of the institutions shall work
collaboratively to provide support for conducting board business.
(2) Each board of advisors, including each board of governors when sitting as a board of advisors, shall hold at least one
regular meeting during each quarter of the fiscal year including an
annual meeting in June for the purpose of electing a chairperson
and other officers as the board considers appropriate.
(A) Additional meetings may be held at the call of the
chairperson or upon written request of five or more members of the
advisory board.
(B) Officers serve a term of one year beginning on the first
day of July and ending on the thirtieth day of June, except for the
fiscal year beginning on the first day of July, two thousand eight,
terms begin on the first day of September, two thousand eight and
end on the thirtieth day of June, two thousand nine.
(C) One of the members representing employers shall be elected
to serve as chairperson at the annual meeting in June except, for
the fiscal year beginning on the first day of July, two thousand
eight, the chairperson and other officers shall be elected in
September, two thousand eight, and their terms shall expire on the
thirtieth day of June, two thousand nine. A member may not serve
as chairperson for more than two consecutive terms.
§18B-3C-15. Transition oversight.
(a) The Legislative Oversight Commission on Education
Accountability is charged with responsibility to monitor and
oversee implementation of the policy changes required by this act.
(b) The responsibilities include, but are not limited to, the
following:
(1) Reviewing the overall progress of the Council, the Commission and state institutions of higher education in
implementing the provisions of this act;
(2) Monitoring the development of the rules related to
financing policy and benchmarks and indicators pursuant to section
six, article two-b of this chapter;
(3) Monitoring the development of the statewide master plan
for community and technical college education and the institutional
compacts pursuant to sections five and seven, article one-d of this
chapter;
(4) Monitoring the development of the Council's state compact
pursuant to section six, article one-d of this chapter; and
(5) Monitoring the changes in institutional relationships
including development or changes in contractual arrangements for
services pursuant to section twelve of this article and delivery of
dual credit and baccalaureate-level courses;
(c) The provisions of this section expire the thirtieth day of
June, two thousand nine.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-3. Faculty salary policies; reductions in salary
prohibited; salary increase upon promotion in
rank.
(a) Each governing board shall establish and maintain a
faculty salary policy that is competitive and which furthers the
goals of attracting, retaining and rewarding high quality faculty.
(b) The salary of any full-time faculty member may not be reduced by the provisions of this article.
(c) Upon promotion in rank, each faculty member shall receive
a salary increase of ten percent.