H. B. 4263
(By Delegate Morgan)
[Introduced February 1, 2010; referred to the
Committee on Education.]
A BILL to amend and reenact §18B-1-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §18B-1B-6 of said code;
to amend and reenact §18B-1D-2 and §18B-1D-7 of said code; to
amend and reenact §18B-2A-1 and §18B-2A-7a of said code; to
amend and reenact §18B-2B-6 of said code; to amend and reenact
§18B-3-1 and §18B-3-3 of said code; to amend and reenact §18B-
3C-4 and §18B-3C-8 of said code; to amend and reenact §18B-4-6
of said code; to amend and reenact §18B-6-1a of said code; and
to amend and reenact §18B-10-1 of said code, all relating to
changing the name of Marshall Community and Technical College
to MountWest Community and Technical College.
Be it enacted by the Legislature of West Virginia:
That
§18B-1-2
of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that
§18B-1B-6
of said code be amended
and reenacted; that
§18B-1D-2 and §18B-1D-7
of said code be amended
and reenacted;
that
§18B-2A-1 and §18B-2A-7a
of said code be amended and reenacted;
that
§18B-2B-6
of said code be amended and
reenacted;
that
§18B-3-1 and §18B-3-3
of said code be amended and
reenacted;
that
§18B-3C-4 and §18B-3C-8
of said code be amended and
reenacted;
that
§18B-4-6
of said code be amended and reenacted;
that
§18B-6-1a
of said code be amended and reenacted; and
that
§18B-10-1 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 MountWest 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 July 1,
2008;
(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 July 1, 2008. 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 MountWest 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.
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
multiyear 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 June 30,
2008;
(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 June
30, 2008, 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 MountWest 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 September 1, 2008, 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
September 1, 2008, 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 1D. HIGHER EDUCATION ACCOUNTABILITY.
§18B-1D-2. Definitions.
(a) General. -- For the purposes of this article and section
one-a, article one of this chapter, terms have the meaning ascribed
to them in section two, article one of this chapter, unless the
context in which the term is used clearly requires a different
meaning or a specific definition is provided in this section.
(b) Definitions. --
(1) "Accountability system for public higher education" or
"accountability system" means all research, reports, documents,
data and any other materials, the collection, analysis and
dissemination of which are necessary or expedient to accomplish the
purposes of this article or section one-a, article one of this
chapter. The system includes legislative goals, objectives and
priorities; public policy agendas; statewide master plans; state
and institutional compacts; implementation plans; institutional
mission statements and master plans; and the statewide report card.
(2) "Education partnership to achieve state goals and objectives" or "education partnership" means the formal and
informal working relationships established between and among the
State of West Virginia, the commission, the council, the state
Board of Education and State Department of Education and the state
institutions of higher education for the purpose of achieving state
goals and objectives.
(3) "Functional literacy rate" means the percentage of adults
over the age of seventeen who are able to read beyond a fourth
grade level and interpret basic information from sources such as
road signs, job applications, newspaper articles and food and
medicine labels.
(4) "Goals" means those long-term public purposes which are
the desired and expected end result for which public higher
education is established.
(5) "Implementation plan" means a document developed within
the higher education community that identifies a series of
objectives, sets forth performance indicators that can be used to
determine if objectives are being achieved, outlines strategies for
accomplishing the objectives and identifies benchmarks for
evaluating progress in accomplishing the objectives over the life
cycle of the plan.
(6) "Institutional compact" means a formal, written contract
between either the commission or council and a state institution of
higher education under its jurisdiction expressing intent to
accomplish state and system goals and objectives.
(7) "Institutions under the jurisdiction of the commission"
relative to the accountability system established by this article
and section one-a, article one of this chapter means Bluefield
State College, Concord University, Fairmont State University,
Glenville State College, Marshall University, Shepherd University,
West Liberty State College, the West Virginia School of Osteopathic
Medicine, West Virginia State University and West Virginia
University, including Potomac State College of West Virginia
University and the West Virginia University Institute of
Technology.
(8) "Institutions under the jurisdiction of the council"
relative to the accountability system established by this article
and section one-a, article one of this chapter means 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
MountWest 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.
(9) "Net college costs" means the total cost of tuition, room
and board minus the amount of financial aid a student receives.
(10) "Objectives" means the ends to be accomplished or attained within a specified period of time for the purpose of
meeting the established goals.
(11) "Priority" or "priorities" means the order in which
objectives are to be addressed for the purpose of achieving state
goals.
(12) "Strategy" or "strategies" means specific activities
carried out by public higher education which are directed toward
accomplishing specific objectives.
(13) "Statewide master plan" or "system master plan" means a
document developed by the council or commission that sets forth
system goals, objectives and strategies and is aligned with, but
not limited to, meeting state goals, objectives and priorities.
(14) "STEM courses and programs" means curricula leading to a
degree or other recognized credential in the science, technology,
engineering and mathematics fields of study or specialization.
(15) "State compact" means a formal, written agreement between
the council and/or the commission and at least one other member of
the education partnership to achieve state goals and objectives
where significant collaboration and commitment of resources between
the parties to the agreement is required in order to achieve the
desired results.
§18B-1D-7. Findings; establishment of institutional compacts;
compact elements; submission date; review and
approval process; rule required.
(a) The Legislature finds that West Virginia long has recognized the value of education and, on a per capita income
basis, ranks very high among the states in its investment to
support public education. The Legislature further finds that a
combination of state and national demographic and economic factors
as well as significant changes in methods of course and program
delivery compel both the state and public higher education to
create a process that will strengthen institutional capacity to
provide the services so valued by the citizens of the state and so
essential to promoting economic vitality.
(b) Therefore, each state college and university shall prepare
an institutional compact for submission to the commission and each
community and technical college shall prepare an institutional
compact for submission to the council. When the process herein
provided is completed, the resulting institutional compact
constitutes a negotiated contract between the state institution of
higher education and the commission or council, respectively,
containing at a minimum the following basic components:
(1) Institutional strategies for focusing resources on meeting
the goals and objectives set forth in this article and section one-
a, article one of this chapter; and
(2) Commission or council strategies for promoting and
supporting the institution in fulfilling its mission and
objectives, to make it more competitive with its peers and to
ensure the continuity of academic programs and services to its
students.
(c) In addition to the basic contract components described in
subsection (b) of this section, each compact shall contain at least
the following elements:
(1) A determination of the mission of the institution which
specifically addresses changes necessary or expedient to accomplish
the goals and objectives articulated by the state and the
appropriate statewide master plan;
(2) A detailed statement of how the compact is aligned with
and will be implemented in conjunction with the master plan of the
institution;
(3) A comprehensive assessment of education needs within the
institution's geographic area of responsibility;
(4) A strategy to ensure access to comprehensive community and
technical college and workforce development services within each
respective region of the state consistent with the mission of the
institution;
(5) Provision for collaboration and brokering of education
services as necessary or expedient to carry out the institutional
mission and meet its objectives;
(6) Provision of student services at the optimum level to
support the institutional mission and to achieve state goals and
objectives;
(7) Strategies for using existing infrastructure and resources
within each region, where feasible, to increase student access
while controlling costs and maintaining academic quality; and
(8) Other public policy objectives or initiatives adopted by
the commission or council pursuant to the intent and purposes of
this article and section one-a, article one of this chapter.
(d) Each institutional compact shall be updated annually and
shall follow the same general guidelines contained in this section.
(e) Development and updating of the institutional compacts is
subject to the following conditions:
(1) The ultimate responsibility for developing and updating
the compacts at the institutional level resides with the board of
advisors or the board of Governors, as appropriate. It is the
responsibility of the commission or council to provide technical
assistance as requested and to negotiate with the institution
development of the strategies to promote and support the
institution pursuant to subsection (b) of this section;
(2) The commission and the council each shall establish a date
by which institutions under their respective jurisdictions shall
submit their compacts to the commission or council pursuant to
the
provisions of this article. The date established by each state-
level coordinating board shall apply uniformly to all institutions
under the jurisdiction of that coordinating board and shall meet
the following additional conditions:
(A) Allow sufficient time for careful analysis of the compacts
by the central office staff and for review by members of the
commission or the council, as appropriate; and
(B) Allow sufficient time for the institutions to make necessary revisions to the compacts as provided in this section.
(3) The commission and council shall review each compact from
the institutions under their respective jurisdictions and either
adopt the compact or return it with specific comments for change or
improvement. The commission and council, respectively, shall
continue this process as long as each considers advisable;
(4) By May 1 annually, if the institutional compact of any
institution as presented by that institution is not adopted by the
respective commission or council, then the commission or council is
empowered and directed to develop and adopt the institutional
compact for the institution and the institution is bound by the
compact so adopted; and
(5) As far as practicable, the commission and council each
shall establish uniform processes and forms for the development and
submission of the institutional compacts by the institutions under
their respective jurisdictions, taking into consideration the
differences in institutional missions and objectives. As a part of
this function, the commission and council each shall organize the
statements of legislative goals and objectives contained in this
article and section one-a, article one of this chapter in a manner
that facilitates the purposes therein.
(f)
Assignment of geographic areas of responsibility. --
(1) The commission shall assign geographic areas of
responsibility to the state institutions of higher education under
its jurisdiction, except for the state institutions of higher education known as West Virginia School of Osteopathic Medicine,
Marshall University and West Virginia University. For institutions
other than the state institutions of higher education known as West
Virginia School of Osteopathic Medicine, Marshall University and
West Virginia University, the geographic areas of responsibility
are made a part of their institutional compacts to ensure that all
areas of the state are provided necessary programs and services to
achieve state goals and objectives. The commission and the council
each shall develop data-based measures to determine the extent to
which institutions under their respective jurisdictions are
providing higher education services aligned with state goals and
objectives and institutional missions within their geographic areas
of responsibility. This information shall be reported in the
statewide report card established pursuant to section eight of this
article.
(2) The council shall assign geographic areas of
responsibility to the state institutions of higher education under
its jurisdiction, including the administratively linked institution
known as
Marshall MountWest Community and Technical College, the
administratively linked institution known as the Community and
Technical College at West Virginia University Institute of
Technology and the regional campus known as West Virginia
University at Parkersburg.
(3) The geographic areas of responsibility for the state
institutions of higher education known as West Virginia School of Osteopathic Medicine, Marshall University and West Virginia
University are assigned by the Legislature.
(4) The benchmarks established in the institutional compacts
include measures of programs and services by geographic area
throughout the assigned geographic area of responsibility.
(g) The compacts shall contain benchmarks to be used to
determine progress toward meeting the objectives established in the
compacts. The benchmarks shall meet the following criteria:
(1) They shall be objective;
(2) They shall be directly linked to the objectives in the
compacts;
(3) They shall be measured by the indicators described in
subsection (h) of this section; and
(4) Where applicable, they shall be used to measure progress
in geographic areas of responsibility.
(h) The rules required by subsection (c), section one of this
article shall include indicators which measure the degree to which
the goals and objectives set forth in this article and section one-
a, article one of this chapter are being met by the institutions
under the jurisdiction of the commission and the council,
respectively.
(1) The rules pertaining to benchmarks and indicators in
effect for the commission and the council on the effective date of
this section remain in effect for the institutions under their
respective jurisdictions until amended, modified, repealed or replaced by the commission or the council, respectively, pursuant
to
the provisions of this article, section six, article one of this
chapter and article three-a, chapter twenty-nine-a of this code.
(2) The rules shall set forth at least the following as
pertains to all state institutions of higher education:
(A) The indicators used to measure the degree to which the
goals and objectives are being met;
(B) Uniform definitions for the various data elements to be
used in establishing the indicators;
(C) Guidelines for the collection and reporting of data; and
(D) Sufficient detail within the benchmarks and indicators to
provide the following information:
(i) Measurable evidence that the pursuits of the institution
are focused on the education needs of the citizens of the state and
are aligned with the objectives of the institutional compacts and
statewide master plans;
(ii) Delineation of the objectives and benchmarks for an
institution so that the commission or council can precisely measure
the degree to which progress is being made toward achieving the
goals and objectives provided in this article and section one-a,
article one of this chapter; and
(iii) Identification of specific objectives within the master
plan or compact of an institution that are not being met or toward
which sufficient progress is not being made.
(3) In addition to any other requirement, the rule established by the council shall set forth at least the following as pertains
to community and technical college education:
(A) Benchmarks and indicators which are targeted to identify
the following:
(i) The degree to which progress is being made by institutions
toward meeting state goals and objectives and the essential
conditions for community and technical college education pursuant
to section three, article three-c of this chapter;
(ii) Information and data necessary to be considered by the
council in making the determination required by section three,
article two-c of this chapter; and
(B) Sufficient detail within the benchmarks and indicators to
provide clear evidence to support an objective determination by the
council that an institution's progress toward achieving state goals
and objectives and the essential conditions for community and
technical college education is so deficient that implementation of
the provisions of section four, article two-c of this chapter is
warranted and necessary.
(i) The commission and the council, respectively, shall
approve the compacts developed for the institutions under their
respective jurisdictions by the boards of Governors or the boards
of advisors pursuant to this section and consistent with the powers
and duties prescribed in section four, article two-a of this
chapter.
and section one, article six of this chapter
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Findings; composition of boards; terms and
qualifications of members; vacancies; eligibility
for reappointment.
(a)
Findings. --
The Legislature finds that the State of West Virginia is
served best when the membership of each governing board includes
the following:
(1) The academic expertise and institutional experience of
faculty members and a student of the institution governed by the
board;
(2) The technical or professional expertise and institutional
experience of a classified employee of the institution governed by
the board;
(3) An awareness and understanding of the issues facing the
institution governed by the board; and
(4) The diverse perspectives that arise from a membership that
is balanced in terms of gender and varied in terms of race and
ethnic heritage.
(b)
Boards of Governors established. --
A board of Governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, The Community and Technical College at West
Virginia University Institute of Technology, Concord University,
Eastern West Virginia Community and Technical College, Fairmont State University, Glenville State College,
Marshall MountWest
Community and Technical College, Marshall University, New River
Community and Technical College, Pierpont Community and Technical
College, Shepherd University, Southern West Virginia Community and
Technical College, West Liberty State University, West Virginia
Northern Community and Technical College, the West Virginia School
of Osteopathic Medicine, West Virginia State Community and
Technical College, West Virginia State University, West Virginia
University and West Virginia University at Parkersburg.
(c)
Board Membership. --
(1) 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.
(2) The Board of Governors for Marshall University consists of
sixteen persons. The Board of Governors for West Virginia
University consists of seventeen persons. The boards of Governors
of the other state institutions of higher education consist of
twelve persons.
(3) Each board of Governors includes the following members:
(A) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(B) 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; and
(C) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
(4) For the 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 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:
(A) The chairperson of the board of visitors of West Virginia
University Institute of Technology;
(B) A full-time faculty member representing the extension
service at the institution or a full-time faculty member
representing the health sciences, selected by the faculty senate.
(6) For each 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.
(A) 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.
(B) Of the nine members appointed by the Governor, at least
five 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 seven shall be residents of the
state.
(7) In making lay appointments, the Governor shall consider
the institutional mission and membership characteristics including
the following:
(A) The need for individual skills, knowledge and experience
relevant to governing the institution;
(B) The need for awareness and understanding of institutional
problems and priorities, including those related to research,
teaching and outreach;
(C) The value of gender, racial and ethnic diversity; and
(D) The value of achieving balance in gender and diversity in
the racial and ethnic characteristics of the lay membership of each
board.
(d)
Board member terms. --
(1) The student member serves for a term of one year. Each
term begins on July 1.
(2) The faculty member serves for a term of two years. Each
term begins on July 1. Faculty members are eligible to succeed
themselves for three additional terms, not to exceed a total of eight consecutive years.
(3) The member representing classified employees serves for a
term of two years. Each term begins on July 1. Members
representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(4) 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.
(5) 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 are held and all
appointments are made no later than June 30 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. A member may not serve as chairperson for more than four
consecutive years.
(6) The appointed members of the 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 that became independent July 1, 2008, are for terms of two
years and five of the initial appointments are for terms of four
years.
(e)
Board member eligibility, expenses. --
(1) A person is ineligible for appointment to membership on a
board of Governors of a state institution of higher education under
the following conditions:
(A) 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.
(B) 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 or students from being
members of the governing boards.
(2) 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.
(3) 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.
(4) 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.
(5) The president of the institution shall make available
resources of the institution for conducting the business of its board of Governors. 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-7a. Transfer of orders, resolutions, policies and rules,
obligations, etc.
(a) Effective July 1, 2008, a governing board is established
for the following state institutions of higher education pursuant
to section one of this article:
(1)
Marshall MountWest 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 July 1, 2008, 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 December 1, 2008, 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 July 1, 2008.
(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 2012.
(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 $200,000, 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
October 1, 2008. 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 October 1, 2008. 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 (11), subsection
a (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
MountWest 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 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH DOCTORAL-
GRANTING PUBLIC UNIVERSITIES.
§18B-3-1. Legislative findings, purpose and intent; definitions.
(a) The Legislature finds that an effective and efficient
system of doctoral-level education is vital to providing for the
economic well-being of the citizens of West Virginia and for
accomplishing established state goals and objectives. As the only
research and doctoral-granting public universities in the state,
Marshall University and West Virginia University are major assets
to the citizens of West Virginia and must be an integral part of
any plan to strengthen and expand the economy.
(b) The Legislature further finds that these two institutions
must compete in both a national and global environment that is
rapidly changing, while they continue to provide high quality
education that is both affordable and accessible and remain
accountable to the people of West Virginia for the most efficient
and effective use of scarce resources.
(c) The Legislature further finds that Marshall University and
West Virginia University, under the direction of their respective
governing boards, have sufficient staff and internal expertise to
manage operational governance of their institutions in an efficient
and accountable manner and can best fulfill their public missions
when their governing boards are given flexibility and autonomy
sufficient to meet state goals established in this article and in
section one-a, article one of this chapter.
(d) Therefore, the purposes of this article include, but are
not limited to, the following:
(1) Enhancing the competitive position of Marshall University
and West Virginia University in the current environment for
research and development;
(2) Providing the governing boards of these institutions with
operational flexibility and autonomy, including tools to promote
economic development in West Virginia;
(3) Encouraging the development of research expertise in areas
directly beneficial to the state; and
(4) Focusing the attention and resources of the governing
boards on state goals and priorities to enhance the competitive
position of the state and the economic, social and cultural well-
being of its citizens.
(e) The following terms wherever used or referred to in this
chapter have the following meaning, unless a different meaning
plainly appears from the context:
(1) "State institution of higher education known as Marshall
University" means the doctoral-granting research institution and
does not include
Marshall MountWest Community and Technical
College; and
(2) "State institution of higher education known as West
Virginia University" means the doctoral-granting research
institution and does not include any of the following:
(A) Until July 1, 2007, the regional campus known as West
Virginia University Institute of Technology;
(B) The administratively linked institution known as The
Community and Technical College at West Virginia University
Institute of Technology; and
(C) The regional campus known as West Virginia University at
Parkersburg.
(f) The governing boards of Marshall University and West
Virginia University each have the power and the obligation to
perform functions, tasks and duties as prescribed by law and to
exercise their authority and carry out their responsibilities in a
manner that is consistent with and not in conflict with the powers
and duties assigned by law to the West Virginia council for
Community and Technical College Education and the Higher Education
Policy Commission.
(g) While the governing boards of Marshall University and West
Virginia University, respectively, may choose to delegate powers
and duties to the presidents of the state institutions of higher education known as Marshall University and West Virginia University
pursuant to subsection (s), section four, article two-a of this
chapter, ultimately, it is they who are accountable to the
Legislature, the Governor and the citizens of West Virginia for
meeting the established state goals set forth in this article and
section one-a, article one of this chapter. Therefore, it is the
intent of the Legislature that grants of operational flexibility
and autonomy be made directly to the governing boards and are not
grants of operational flexibility and autonomy to the presidents of
these institutions.
§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
MountWest 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-4. Community and technical college consortia planning
districts.
(a) Unless otherwise designated, the president of each
community and technical college facilitates the formation of
community and technical college consortia in the state, which
includes representatives of community and technical colleges,
public vocational-technical education centers, and public
baccalaureate institutions offering associate degrees. The
community and technical college consortium shall:
(1) Complete a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short- and long-term workforce development needs of the
district;
(2) Coordinate efforts with regional labor market information
systems to identify the ongoing needs of business and industry,
both current and projected, and to provide information to assist in
an informed program of planning and decisionmaking;
(3) Plan and develop a unified effort between the community
and technical colleges and public vocational-technical education to meet the documented workforce development needs of the district
through individual and cooperative programs, shared facilities,
faculty, staff, equipment and other resources and the development
and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the
workforce needs are met, develop new programs and phase out or
modify existing programs as appropriate to meet such needs,
streamline procedures for designing and implementing customized
training programs;
(5) Increase the integration of secondary and post-secondary
curriculum and programs that are targeted to meet regional labor
market needs, including implementation of seamless curricula
projects in all major career pathways and the West Virginia EDGE,
Earn a Degree, Graduate Early Program;
(6) Plan and implement integrated professional development
activities for secondary and post-secondary faculty, staff and
administrators;
(7) Ensure that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing student
credentialing;
(8) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating course work in which they already possess competency;
(9) Cooperate with workforce investment boards in establishing
one-stop-shop career centers with integrated employment and
training and labor market information systems that enable job
seekers to assess their skills, identify and secure needed
education training and secure employment and employers to locate
available workers;
(10) Increase the integration of adult literacy, adult basic
education, federal Work Force Investment Act and community and
technical college programs and services to expedite the transition
of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(b) The community and technical college education consortium
shall cooperate with the regional workforce investment board in the
district and shall participate in any development or amendment to
the regional workforce investment plan.
(c) To carry out
the provisions of this section, community and
technical college consortia planning districts are established and
defined as follows:
(1) Northern Panhandle Community and Technical College
District includes Hancock, Brooke, Ohio, Marshall and Wetzel
counties.
(A) The facilitating institution is West Virginia Northern
Community and Technical College.
(B) Participating institutions include West Virginia Northern
Community and Technical College; John Marshall High School; Cameron
High School; John D. Rockefeller Center; and other public
vocational technical schools offering post-secondary programs.
(2) North Central West Virginia Community and Technical
College District includes Monongalia, Marion, Preston, Taylor,
Barbour, Randolph, Doddridge, Harrison, Braxton, Lewis, Calhoun,
Gilmer and Upshur counties.
(A) The facilitating institution is Pierpont Community and
Technical College, a division of Fairmont State University.
(B) Participating institutions include Pierpont Community and
Technical College, a division of Fairmont State University;
Glenville State College; Randolph County Vocational-Technical
Center; Monongalia County Technical Education Center; United
Technical Center; Marion County Technical Center; Fred W. Eberly
Technical Center; and other public vocational-technical schools
offering post-secondary programs.
(3) Mid-Ohio Valley Community and Technical College District
includes Tyler, Pleasants, Ritchie, Wood, Wirt, Jackson and Roane
counties.
(A) The facilitating institution is West Virginia University
at Parkersburg.
(B) Participating institutions include West Virginia
University at Parkersburg; West Virginia Northern Community and
Technical College; Roane-Jackson Technical Center; Gaston Caperton Center; Wood County Technical Center; and other public vocational-
technical schools offering post-secondary programs.
(4) Potomac Highlands Community and Technical College District
includes Tucker, Pendleton, Grant, Hardy, Mineral and Hampshire
counties.
(A) The facilitating institution is Eastern West Virginia
Community and Technical College.
(B) Participating institutions include Eastern West Virginia
Community and Technical College; South Branch Career and Technical
Center; Mineral County Technical Center; and other public
vocational-technical schools offering post-secondary programs.
(5) Shenandoah Valley Community and Technical College District
includes Berkeley, Jefferson and Morgan counties.
(A) The facilitating institution is Blue Ridge Community and
Technical College.
(B) Participating institutions include Blue Ridge Community
and Technical College; James Rumsey Technical Institute; and other
public vocational-technical schools offering post-secondary
programs.
(6) Advantage Valley Community and Technical College District
includes Fayette, Kanawha, Clay, Putnam, Cabell, Mason and Wayne
counties.
(A) The facilitating institution is
Marshall MountWest
Community and Technical College.
(B) Every five years the council shall:
(i) Evaluate the progress of the Advantage Valley Consortia
toward achieving the goals and benchmarks of its compact;
(ii) Evaluate the progress of each community and technical
college in the district toward achieving the goals and benchmarks
of its institutional compact;
(iii) Determine which community and technical college in the
district would best serve the needs of the district for the
following five-year period if serving as the facilitating
institution; and
(iv) Designate the community and technical college selected
pursuant to subparagraph (iii) of this paragraph to serve as the
facilitating institution for the following five-year period.
(C) Participating institutions include
Marshall MountWest
Community and Technical College; the Community and Technical
College at West Virginia University Institute of Technology; West
Virginia State Community and Technical College; Carver Career
Center; Garnet Career Center; Ben Franklin Career Center; Putnam
County Vocational-Technical-Occupational Center; Cabell County
Career-Technical Center; and other public vocational-technical
schools offering post-secondary programs.
(7) Southern Mountains Community and Technical College
District includes Lincoln, Boone, Logan, Mingo, Wyoming and
McDowell counties.
(A) The facilitating institution is Southern West Virginia
Community and Technical College.
(B) Participating institutions include Southern West Virginia
Community and Technical College; New River Community and Technical
College; Boone County Career and Technical Center; Wyoming County
Vocational-Technical Center; Ralph R. Willis Career and Technical
Center; McDowell County Career and Technology Center; Mingo County
Vocation-Technical Center; Charles Yeager Technical Center; and
other public vocational-technical schools offering post-secondary
programs.
(8) Southeastern Community and Technical College District
includes Raleigh, Summers, Fayette, Nicholas, Webster, Pocahontas,
Greenbrier, Monroe and Mercer counties.
(A) The facilitating institution is New River Community and
Technical College.
(B) Participating institutions include New River Community and
Technical College; Southern West Virginia Community and Technical
College; the Community and Technical College at West Virginia
University Institute of Technology; Bluefield State College;
Academy of Careers and Technology; Fayette Plateau Vocation-
Technology Center; Summers County High School; Monroe County
Technical Center; Mercer County Technical Center; and other public
vocational-technical schools offering post-secondary programs.
(d) In the role of the facilitating institution of the
community and technical college district, the college:
(1) Communicates to the council;
(2) Facilitates the delivery of comprehensive community and technical college education in the region, which includes the seven
areas of comprehensive community and technical college education
delivery as required by section six of this article; and
(3) Facilitates development of statement of commitment signed
by all participating institutions in the region as to how community
and technical college education will be delivered.
(e) Participating institutions are not subordinate to the
facilitating institution but will sign the statement of commitment
to participate.
(f) The council shall:
(1) Maintain guidelines for community and technical college
consortia development;
(2) Set goals for each consortium based upon legislative goals
for the delivery of comprehensive community and technical college
education; and
(3) Maintain a format for developing and revising a consortium
compact outlining plans for achieving stated goals to be submitted
to the council annually for approval.
(g) On or before November 15, each year each consortium shall
submit to the council for approval a compact which outlines plans
for obtaining the stated goals. Each compact shall include the
implementation of seamless curricula and the West Virginia EDGE,
Earn a Degree, Graduate Early Program.
(h) The council annually shall evaluate the progress made in
meeting the compact goals for each community and technical college consortia through the development and collection of performance
indicator data.
§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 2000 regular
session, and continuing with Enrolled Senate Bill No. 703, passed
during the 2001 regular session, Enrolled House Bill No. 2224,
passed during the 2003 regular session, and Enrolled Senate Bill
No. 448, passed during the 2004 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, work force
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 work force 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 July 1, 2009, each governing board of a community and
technical college which became independent on July 1, 2008, 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 July 1, 2009, 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 July
1, 2008, shall continue in effect until July 1, 2009, 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 MountWest Community and Technical College. --
(i)
Marshall MountWest 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 MountWest 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 July
1, 2008, shall continue in effect until July 1, 2009, 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 MountWest 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 MountWest 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 July 1, 2008,
shall continue in effect until July 1, 2009, 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 work force
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 July 1, 2008, shall continue in
effect until July 1, 2009, 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 July 1, 2008, shall continue in effect until July 1,
2009, 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 July 1, 2008, 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.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-6. Acquisition, operation and regulation of parking areas
and facilities at state institutions of higher
education; regulation of parking, speed and flow of
traffic on campus roads and driveways; civil and
criminal penalties; disposition of revenue.
(a) The governing boards are hereby authorized to construct,
maintain and operate automobile parking facilities or areas upon any premises owned or leased at any state institution of higher
education under their jurisdiction for use by students, faculty,
staff and visitors. The governing boards may charge fees for use
of the parking facilities or areas under their control. All moneys
collected for the use of the parking facilities or areas shall be
paid to the credit of the state institution of higher education at
which the fees were charged into a special fund in the State
Treasury. The moneys in the fund are used first to pay the cost of
maintaining and operating the parking facilities or areas.
Any excess not needed for this purpose may be used for the
acquisition of property by lease or purchase and the construction
thereon of additional parking facilities or areas. Any money in
the fund not needed immediately for the acquisition, construction,
maintenance or operation of the parking facilities or areas may be
temporarily invested by the governing boards with the West Virginia
Investment Management Board to the credit of the institution by
which the fees were charged.
(b) Notwithstanding any other motor vehicle or traffic law or
regulation to the contrary, a governing board may regulate and
control at any state institution under its jurisdiction the speed,
flow and parking of vehicles on campus roads, driveways and parking
facilities or areas.
(1) Rules for this purpose shall be promulgated by the
governing boards in the manner prescribed in section six, article
one of this chapter; and
(2) When so promulgated, the rules have the force and effect
of law.
(3) The governing board shall post in a conspicuous location
in each parking facility or area, a summary of the rules governing
the use of the facility or area including, but not limited to, the
availability of temporary parking permits and where these permits
may be obtained and the penalties which may be imposed for
violations of the rules.
(4) The governing board shall post in a conspicuous location
along each campus road and driveway notice signs pertaining to the
speed of vehicles, spaces available for parking, directional flow
of traffic and penalties which may be imposed for violations of the
rules.
(c) Any person parking or operating a vehicle in violation of
the rules shall be issued a citation:
(1) Describing the offense charged;
(2) Ordering an appearance:
(A) Within ten days, excluding Saturdays, Sundays and holidays
observed by the state institution, before a designated official of
the institution;
(B) Before a magistrate located in the county if the person
cited fails to appear within the ten days; or
(C) Before the judge of the municipal court, if the state
institution is located within a municipality having such an
official, and the person cited fails to appear within the ten days.
(d) The designated official of the state institution has
exclusive jurisdiction of the offense during the ten-day period
until the citations are forwarded to a magistrate. For the state
institutions of higher education under the jurisdiction of the
Governing Board of Marshall University and for the state
institution of higher education known as West Virginia University
only, the designated official of the institution has exclusive
jurisdiction of the offense for thirty days following the
violation. After thirty days the official forwards the citation to
a magistrate. Any person so cited may plead no contest to the
offense and, by so pleading, is subject to a civil penalty to be
determined uniformly by the designated official and commensurate
with the severity of the offense. For the state institutions under
the jurisdiction of the Governing Board of Marshall University and
for the state institution of higher education known as West
Virginia University only, the amount imposed may not exceed $20.
For all other institutions the amount may not exceed $10, for each
offense as partial reimbursement to the state institution of higher
education for the cost of regulating traffic and parking. In the
case of the state institutions under the jurisdiction of the
Governing Board of Marshall University and in the case of the state
institution of higher education known as West Virginia University
only, the designated official shall determine the penalty
uniformly, commensurate with the severity of the offense, and may
apply academic restrictions in lieu of requiring a student to appear in court and receive penalties otherwise provided in this
section. Moneys derived from civil penalties imposed herein shall
be deposited in the special fund in the State Treasury created by
this section and credited to the state institution to which the
penalty was paid.
(e) Upon expiration of the ten-day or thirty-day period, as
applicable, or upon a pleading of not guilty before the designated
official of the state institution within the applicable period, the
magistrate or judge of the municipal court has jurisdiction of the
offense.
Any person cited under the provisions of this section,
upon a finding of guilty by the magistrate or municipal judge, is
subject to a fine for each offense by the state institutions under
the jurisdiction of the Governing Board of Marshall University
and
for the state institution of higher education known as West
Virginia University only, of up to $40, and at all other state
institutions not less than $10 nor more than $20, the amount to be
commensurate with the severity of the offense.
(f) Each designated official of a state institution presiding
over a case under the provisions of this section shall keep a
record of every citation which alleges a violation of such
provisions, or the rules promulgated in accordance therewith, and
shall keep a record of every official action in reference thereto
including, but not limited to, a record of every plea of no
contest, conviction or acquittal, of the offense charged, and the
amount of the fine or civil penalty resulting from each citation.
(g) Whenever a vehicle is parked on any state institution
campus road, driveway or parking facility or area in a manner which
violates posted rules and substantially impedes the flow of traffic
or endangers the health and safety, the institution may, in
addition to the issuing of a citation and subsequent procedures set
forth herein, remove the vehicle, by towing or otherwise, to an
area owned by the institution or areas designated for this purpose.
The vehicle, having been towed to the designated area or areas, may
be rendered immovable by use of locking wheel blocks or other
device not damaging to the vehicle. The state institution of
higher education shall maintain any vehicle so towed in the same
condition as it was immediately prior to being towed, but shall not
be liable for any damage to a vehicle towed to, or kept in, a
designated area pursuant to the provisions of this section. The
state institution of higher education shall pay for the cost of
removing the vehicle and shall have a right to reimbursement from
the owner for this cost and for the reasonable cost of keeping the
vehicle in the designated area. Until payment of these costs, the
state institution of higher education may retain possession of the
vehicle and the institution shall have a lien on the vehicle for
the amount due. The state institution of higher education may
enforce this lien in the manner provided in section fourteen,
article eleven, chapter thirty-eight of this code for the
enforcement of other liens. For the state institutions of higher
education under the jurisdiction of the Governing Board of Marshall University and for the state institution of higher education known
as West Virginia University only, the
provisions of this subsection
also apply applies when a vehicle is subject to three or more
unpaid citations.
(h)
If, at any time,
Marshall MountWest
Community and
Technical College ceases to share a physical campus location with
Marshall University, it may not be included as an institution under
the jurisdiction of the governing board of Marshall University for
the purposes of subsections (a),(d),(e) and (g) of this section.
ARTICLE 6. ADVISORY COUNCILS.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Advisory Council of Classified Employees" or "classified
council" means the state advisory organization of classified
employees created pursuant to section five of this article.
(b) "Advisory Council of Faculty" or "faculty council" means
the state advisory organization of faculty created pursuant to
section two of this article.
(c) "Advisory Council of Students" or "student advisory
council" means the state advisory organization of students created
pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means
any regular full-time or regular part-time employee of a governing board, the commission, the council or the West Virginia Network for
Educational Telecomputing who holds a position that is assigned a
particular job title and pay grade in accordance with the personnel
classification system established by law.
(e) "Community and technical college" means Eastern West
Virginia Community and Technical College, Marshall MountWest
Community and Technical College, New River Community and Technical
College, West Virginia Northern Community and Technical College,
Blue Ridge Community and Technical College, Southern West Virginia
Community and Technical College, West Virginia State Community and
Technical College, the Community and Technical College at West
Virginia University Institute of Technology, West Virginia
University at Parkersburg and any other community and technical
college so designated by the Legislature.
(f) "Council" means the West Virginia Council for Community
and Technical College Education created pursuant to section three,
article two-b of this chapter.
(g) "Institutional Classified Employee Council" or "staff
council" means the advisory group of classified employees formed at
a state institution of higher education pursuant to section six of
this article.
(h) "Institutional faculty senate", "faculty senate" or
"faculty assembly" means the advisory group of faculty formed at a
state institution of higher education pursuant to section three of
this article.
(i) "State institution of higher education", in the singular
or plural, means the institutions as defined in section two,
article one of this chapter and, additionally, Pierpont Community
and Technical College, a division of Fairmont State University,
Marshall MountWest Community and Technical College, New River
Community and Technical College, Potomac State College of West
Virginia University, Robert C. Byrd Health Sciences Charleston
Division of West Virginia University, Blue Ridge Community and
Technical College, West Virginia State Community and Technical
College, West Virginia University at Parkersburg, West Virginia
University Institute of Technology, the Community and Technical
College at West Virginia University Institute of Technology, the
Higher Education Policy Commission, the West Virginia Council for
Community and Technical College Education, the West Virginia
Network for Educational Telecomputing and any other institution so
designated by the Legislature.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among the tuition and fees any one or more of the following as defined in section one-b one-c
of this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing systemwide and institutional debt
service and future systemwide and institutional debt service,
capital projects and campus renewal for educational and general
facilities.
(4) Subject to any covenants or restrictions imposed with
respect to revenue bonds payable from the accounts, an institution
may expend funds from each special revenue account for any purpose
for which funds were collected within that account regardless of
the original purpose for which the funds were collected.
(c) The purposes for which tuition and fees may be expended
include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular activities.
Additionally, tuition and fees may be used to finance a student's
attorney to perform legal services for students in civil matters at the institutions: Provided, That the legal services are limited
only to those types of cases, programs or services approved by the
administrative head of the institution where the legal services are
to be performed.
(d) The commission and council jointly shall propose a rule
for legislative approval in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to govern the
fixing, collection and expenditure of tuition and other fees.
(e) The schedule of all tuition and fees, and any changes in
the schedule, shall be entered in the minutes of the meeting of the
appropriate governing board and the board shall file with the
commission or council, or both, as appropriate, and the Legislative
Auditor a certified copy of the schedule and changes.
(f) The boards shall establish the rates to be charged full-
time students, as defined in section one-b one-c of this article,
who are enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour and
graduate students taking fewer than nine credit hours in a regular
term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with the provisions of this subsection.
(g) All fees are due and payable by the student upon
enrollment and registration for classes except as provided in this
subsection:
(1) The governing boards shall permit fee payments to be made
in installments over the course of the academic term. All fees
shall be paid prior to the awarding of course credit at the end of
the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing
boards may charge the students for the reasonable and customary
charges incurred in accepting credit cards and other methods of
payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in
accordance with the provisions of article three-a, chapter twenty-
nine-a of this code defining conditions under which an institution
may offer tuition and fee deferred payment plans through the
institution or through third parties.
(5) An institution may charge interest or fees for any deferred or installment payment plans.
(h) In addition to the other fees provided in this section,
each governing board may impose, collect and distribute a fee to be
used to finance a nonprofit, student-controlled public interest
research group if the students at the institution demonstrate
support for the increased fee in a manner and method established by
that institution's elected student government. The fee may not be
used to finance litigation against the institution.
(i) Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with the tuition rule proposed by the commission and council
jointly pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of Governors may propose to the
commission, council or both, as appropriate, a mandatory auxiliary
fee under the following conditions:
(A) The fee shall be approved by the commission, council or
both, as appropriate, and either the students below the senior
level at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees. All state subsidies for the auxiliary
services shall cease five years from the date the mandatory
auxiliary fee is implemented;
(E) The commission, council or both, as appropriate, shall
certify to the Legislature annually by October 1, the amount of
fees collected for each of the five years;
(4) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.
(j) A penalty may not be imposed by the commission or council
upon any institution based upon the number of nonresidents who
attend the institution unless the commission or council determines
that admission of nonresidents to any institution or program of
study within the institution is impeding unreasonably the ability
of resident students to attend the institution or participate in
the programs of the institution. The institutions shall report
annually to the commission or council on the numbers of
nonresidents and such other enrollment information as the commission or council may request.
(k) Tuition and fee increases of the governing boards, except
for the governing boards of the state institutions of higher
education known as Marshall University and West Virginia
University, are subject to rules adopted by the commission and
council jointly pursuant to this section and in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of subdivisions (4) and (8) of
this subsection, a governing board of an institution under the
jurisdiction of the commission may propose tuition and fee
increases of up to nine and one-half percent for undergraduate
resident students for any fiscal year. The nine and one-half
percent total includes the amount of increase over existing tuition
and fees, combined with the amount of any newly established
specialized fee which may be proposed by a governing board.
(2) A governing board of an institution under the jurisdiction
of the council may propose tuition and fee increases of up to four
and three-quarters percent for undergraduate resident students for
any fiscal year, except a governing board may propose increases in
excess of four and three-quarters percent if existing tuition and
fee rates at the institution are below the state average for
tuition and fees at institutions under the jurisdiction of the
council. The four and three-quarters percent total includes the
amount of increase over existing tuition and fees, combined with
the amount of any newly established, specialized fee which may be proposed by a governing board.
(3) The commission or council, as appropriate, shall examine
individually each request from a governing board for an increase.
(4) Subject to the provisions of subdivision (8) of this
subsection, the governing boards of Marshall University and West
Virginia University, as these provisions relate to the state
institutions of higher education known as Marshall University and
West Virginia University, each may annually:
(A) Increase tuition and fees for undergraduate resident
students to the maximum allowed by this section without seeking
approval from the commission; and
(B) Set tuition and fee rates for post-baccalaureate resident
students and for all nonresident students, including establishing
regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of This subdivision do not apply to tuition
and fee rates of the administratively linked institution known as
Marshall MountWest Community and Technical College, the
administratively linked institution known as the Community and
Technical College at West Virginia University Institute of
Technology, the regional campus known as West Virginia University
at Parkersburg and, until July 1, 2007, the regional campus known
as West Virginia University Institute of Technology.
(5) Any proposed tuition and fee increase for state
institutions of higher education other than the state institutions
of higher education known as Marshall University and West Virginia University requires the approval of the commission or council, as
appropriate. In determining whether to approve or deny the
governing board's request, the commission or council shall
determine the progress the institution has made toward meeting the
conditions outlined in this subdivision and shall make this
determination the predominate factor in its decision. The
commission or council shall consider the degree to which each
institution has met the following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the commission or
council;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of
article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for post-
secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Has demonstrated to the satisfaction of the commission or
council that an increase will be used to maintain high-quality
programs at the institution;
(E) Has demonstrated to the satisfaction of the commission or
council that the institution is making adequate progress toward
achieving the goals for education established by the southern
regional education board; and
(F) To the extent authorized, will increase by up to five percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(6) This section does not require equal increases among
institutions or require any level of increase at an institution.
(7) The commission and council shall report to the Legislative
Oversight Commission on Education Accountability regarding the
basis for each approval or denial as determined using the criteria
established in subdivision (5) of this subsection.
(8) Notwithstanding the provisions of subdivisions (1) and (4)
of this subsection, tuition and fee increases at state institutions
of higher education which are under the jurisdiction of the
commission, including the state institutions of higher education
known as Marshall University and West Virginia University, are
subject to the following conditions:
(A) Institutions may increase tuition and fees for resident,
undergraduate students by no more than an average of seven and one-
half percent per year during any period covering four consecutive
fiscal years, with the first fiscal year of the first four fiscal-
year cycle beginning on July 1, 2007;
(B) The seven and one-half percent average cap does not apply
to an institution for any fiscal year in which the total state base
operating budget appropriations to that institution are less than
the total state base operating budget appropriations in the fiscal
year immediately preceding;
(C) A new capital fee or an increase in an existing capital fee is excluded from the tuition and fee increase calculation in
this subdivision:
(i) If the new fee or fee increase is approved by an
institutional governing board or by a referendum of an
institution's undergraduate students, or both, on or before
February 1, 2006; or
(ii) If the following conditions are met:
(I) The new fee or fee increase was approved by an
institutional governing board or by a referendum of an
institution's undergraduate students, or both, on or before July 1,
2006;
(II) The institution for which the capital fee is approved has
been designated a university pursuant to the provisions of section
six, article two-a of this chapter by the effective date of this
section; and
(III) The institutional board of Governors previously oversaw
a community and technical college that achieved independent
accreditation and consequently acquired its own board of Governors;
(D) Institutions shall provide, in a timely manner, any data
on tuition and fee increases requested by the staff of the
commission. The commission shall:
(i) Collect the data from any institution under its
jurisdiction; and
(ii) Annually by July 1, provide a detailed analysis of the
institutions' compliance with the provisions of this subdivision to the Legislative Oversight Commission on Education Accountability.
NOTE: The purpose of this bill is to change the name of
Marshall Community and Technical College to MountWest Community and
Technical College.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added
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