Senate Bill No. 536
(By Senators McCabe, Foster, Wells, Palumbo, Plymale and
Stollings)
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[Introduced March 11, 2009; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18B-3F-1, §18B-3F-2,
§18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7,
§18B-3F-8, §18B-3F-9 and §18B-3F-10, all relating to
reorganization and consolidation of community and technical
colleges; setting forth the powers and duties of the West
Virginia Council for Community and Technical College
Education
; providing definitions; legislative findings;
setting forth the development of a strategic reorganization
plan; establishing an administrative planning committee;
setting forth membership of the committee, terms of offices,
powers and duties; appointing of an institutional president
and other officers; identifying transfer of assets and
liabilities, operating budgets, orders, policies and procedures; setting forth employee benefits; and notification
requirements of certain employees of retention or termination
by certain date under certain circumstances.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18B-3F-1, §18B-3F-2,
§18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8,
§18B-3F-9 and §18B-3F-10, all to read as follows:
ARTICLE 3F. REORGANIZATION OF COMMUNITY AND TECHNICAL COLLEGES.
§18B-3F-1. Definitions.
(a)
General. -- For the purposes of this article 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) "Administrative planning committee" or "planning
committee" means the advisory group established pursuant to the
provisions of section five of this article to oversee the
reorganization of community and technical colleges and to serve as
liaison to the institutional governing boards and the council.
(2) "Chancellor" 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.
(3) "Community and technical college" means an institution
under the jurisdiction of the council as defined in section two,
article one of this chapter.
(4) "Consolidated institution" means a community and technical
college that is joined with one or more other institutions to
create a new institution. A consolidated institution ceases to
exist as an independent institution of higher education on the date
the reorganization is complete.
(5) "Council" means the West Virginia Council for Community
and Technical College Education as established by section three,
article two-b of this chapter.
(6) "Institution" means any community and technical college
under the jurisdiction of the council.
(7) "Institutional reorganization" or "reorganization" means
the combination of two or more institutions to form a new community
and technical college or the merger of one or more institutions
into an existing community and technical college.
(8) "Merged institution" means the community and technical
college which is integrated into and becomes a part of another
community and technical college in accordance with the provisions
of this article. A merged institution ceases to exist as an
independent institution of higher education on the date the
reorganization is complete.
(9) "Receiving institution" means the community and technical
college into which another institution is merged.
(10) "Statewide master plan" means the planning document
prepared by the council in accordance with section five, article
one-d of this chapter.
(11) "Strategic reorganization plan" or "plan" means the
document developed in accordance with the provisions of section
four of this article consisting of strategies, procedures and
guidelines to be used in implementing an institutional
reorganization.
§18B-3F-2. Legislative findings.
(a) The Legislature finds that while certain areas of the
state currently lack a sufficient population or employer base to
support independent community and technical colleges, it is vital
to the citizens and businesses of that area to have access to
comprehensive, high quality community and technical education
programs and services that are well articulated with the public
schools, baccalaureate institutions, and other community and
technical colleges; that make the most efficient and effective use
of facilities, faculty, staff, equipment and other available
resources; that encourage students of all ages, ability levels, and
economic circumstances to pursue a lifetime of learning; that serve
as engines of economic development, and that have the ability to
adapt quickly to changing needs for workforce training.
(b) The Legislature further finds that there is a critical
need to enhance the role of community and technical education in
every area of the state; to encourage and strengthen collaborative
and cooperative relationships between and among institutions in
order to provide the highest quality programs and services most
effectively; and to make the most efficient use of scarce resources
while avoiding, to the extent practicable, duplication of
administrative and programmatic costs. Establishment of
multi-campus institutions provides an excellent opportunity to
implement more effective and efficient systems of program delivery
and to explore alternative organizational and management structures
best suited to serving the needs of students, employers and the
citizens of a geographic region.
§18B-3F-3. Duties of the council.
(a) It is the duty of the council to address the findings
cited in section two of this article. To this end the council has
the following responsibilities related to institutional
reorganization:
(1) To assess annually the progress of each institution under
its jurisdiction toward meeting the following criteria:
(A) State goals and objectives established in article one-d of
this chapter;
(B) Council goals and objectives established by the statewide
master plan;
(C) Council goals and objectives established by legislative
rules relating to finance policy and benchmarks and indicators as
required by section six, article two-b of this chapter and
promulgated in accordance with section six, article one of this
chapter; and
(D) Institutional goals and objectives established by the
institutional compact pursuant to section seven, article one-d of
this chapter.
(2) To reorganize an institution by merging or consolidating
with another institution under the jurisdiction of the council when
one or more of the following conditions exist:
(A) The institution lacks the capacity to deliver community
and technical college education effectively as determined by the
council based upon the assessment required in subdivision one of
this subsection;
(B) The institution has an annualized full-time equivalent
enrollment (FTE) of fewer than one thousand students or has
averaged fewer than one thousand students in annualized full-time
equivalent enrollment for the three-year period immediately
preceding the year in which the assessment is performed;
(C) The institution serves the same community and technical
college district or population center as another public institution
of higher education and has the same programmatic emphasis;
(D) The institution serves the same geographic area or population center as another institution, but has different
programmatic emphasis so that, if combined, the resulting
consolidated institution will enhance the delivery of comprehensive
community and technical college education to that geographical
region.
(b) By October 1, 2009, and every October 1 thereafter, the
council shall file with the Legislative Oversight Commission on
Education Accountability a detailed report including an analysis of
institutional assessments pursuant to subdivision one, subsection
(a) of this section, council actions taken as a result of
assessment findings, and the status of strategic reorganization
plans developed as required by section four of this article.
§
18B-3F-4. Strategic reorganization plan.
(a) The council shall collaborate with the administrative
planning committee to develop a strategic reorganization plan for
each institution meeting one or more of the conditions described in
section two of this article. The council shall develop the plan
within twelve months of the date on which the assessment of the
institution is complete and shall implement and complete the
reorganization within three years. The council has final approval
over each reorganization plan developed in accordance with the
provisions of this article.
(b) The reorganization plan includes, but is not limited to,
the following elements:
(1) A time line showing specific steps for completing the
reorganization within three years;
(2) A procedure to assure that all affected employees are
notified of their employment status pursuant to section eight of
this article;
(3) A statement of assurances showing specific steps to be
taken to safeguard the rights, privileges, and benefits of faculty,
classified employees, nonclassified employees, and administrators
of the institutions to be reorganized including provisions for
fulfilling contracts and protecting earned benefits;
(4) A description of the instructional benefits expected from
the reorganization including a detailed explanation of enhancements
to academic program offerings, workforce development programs for
employers, and services to students;
(5) A description of the fiscal benefits expected from the
reorganization including a detailed explanation of management
efficiencies, enhanced leadership skills, better coordination of
instruction and student support services, and efficiencies in
expenditures per full-time equivalent student;
(6) A statement of assurance that student access to high
quality education programming will be enhanced and/or maintained;
(7) A strategy to secure or, if appropriate, maintain regional
accreditation of a reorganized institution including a detailed
analysis of technical assistance to be provided to the institution; and
(8) A student population projection and student demographic
analysis for each reorganized institution.
§18B-3F-5. Administrative planning committee; purpose; membership;
duties; termination.
(a) The council shall establish an administrative planning
committee for each reorganization undertaken.
(b) The administrative planning committee oversees the
reorganization process including collaborating with the council in
developing the strategic reorganization plan and provides advice
and technical assistance to the institutional governing boards and
council.
(c)
Membership. -- Each administrative planning committee
consists of the following members:
(1) The president of each institution to be reorganized;
(2) The chair of the governing board of each institution to be
reorganized;
(3) The chair of the council;
(4) The vice chancellor for administration or a designee; and
(5) The chancellor who is the chair of the planning committee.
(d) The administrative planning council is created to assist
in a specific reorganization and ceases to exist on the date
established by the council for completion of the reorganization or
three years from the date on which the council completed the institutional assessment requiring the reorganization.
§18B-3F-6. Appointment of institutional governing boards.
(a) Initial appointments to the governing board of a
reorganized institution are made pursuant to the provisions of
section one, article two-a of this chapter, except as follows:
(1) When a consolidated institution is created, the governing
board of each affected institution is abolished. The Governor
selects lay citizen members of the governing board for the
consolidated institution equally from the former lay citizen
members of each of the consolidated institutions. Four of the
initial appointments shall be for terms of four years and five of
the initial appointments shall be for terms of three years. When
the number of lay citizen members can not be equally apportioned
between or among the consolidated institutions, the Governor makes
any remaining appointments in accordance with section one, article
two-a of this chapter.
(2) When an institution is merged into an existing
institution, the number of lay citizen members of the governing
board of the receiving institution is increased from nine to
twelve. In appointing the three additional lay citizen members,
the Governor selects from residents of the county wherein the
merged institution is located and the contiguous counties. No more
than two of the lay citizen members selected as specific
representatives of the merged institution may reside in the same county. One of the appointed lay citizen members serves an initial
term of two years, one an initial term of three years and one an
initial term of four years. The appointed lay citizen members are
eligible to succeed themselves for no more than one additional
term.
(b) At the end of the initial term, and thereafter, an
appointment to the governing board of a reorganized institution,
either to fill a vacancy or to reappoint a member who is eligible
to serve an additional term, is made in accordance with section
one, article two-a of this chapter.
§18B-3F-7. Appointment of institutional president; other officers.
(a) The governing board of a receiving institution appoints
the president in accordance with the provisions of section six,
article one-b of this chapter.
(b) For a consolidated institution, the president of each
institution to be consolidated continues to serve in that capacity
until a new institutional governing board is appointed pursuant to
section five of this article. At that time, the governing board
chooses as president of the newly-created consolidated institution
the president of one of the consolidated institutions and
designates each of the other presidents as provost or chief
executive officer of his or her respective campus. The salary and
benefits of an individual who is serving as an institutional
president at the time of a reorganization may not be reduced solely as a result of the reorganization. Provosts and chief executive
officers report directly to the president of the consolidated
institution.
(c) After the initial contract period ends or at the
expiration of a president's current contract, the governing board
of each reorganized institution appoints the president in
accordance with section six, article one-b of this chapter.
§18B-3F-8. Budget.
(a) When an institution is merged or when a new consolidated
institution is created, the operating budget of each affected
consolidated or merged institution is integrated under the
authority and jurisdiction of the governing board of the receiving
institution or the newly-formed consolidated institution, as
appropriate.
(b) All financial assets, including state fund balances, and
liabilities are transferred from the authority of the governing
board of each consolidated or merged institution to the authority
of the institutional governing board of the receiving institution
or newly-formed consolidated institution, as appropriate.
(c) Any capital debt service payment formerly the
responsibility of a merged or consolidated institution continues in
the required amount and is the responsibility of the governing
board of the receiving institution or newly-formed consolidated
institution, as appropriate.
§18B-3F-9. Transfer of property, orders, policies, procedures,
etc.; duties of board of governors of receiving
institution.
(a)
Merged institution. --
(1) The programs of a merged institution are operated under
the procedures, policies, rules and practices of the board of
governors of the receiving institution.
(2) The title to all real property, facilities and equipment
of, as well as each valid agreement and obligation undertaken by,
the merged institution are transferred to the board of governors of
the receiving institution which shall exercise general
determination, control, supervision and management of the
financial, business and education policies and affairs of the
merged institution.
(3) It is the duty of the board of governors of the receiving
institution to adopt policies, procedures and standards that
authorize, support and encourage the merged institution to fulfill
its core mission. It is further the specific duty of the governing
board to facilitate delivery of a comprehensive program of
community and technical college education in the counties that are
served by the merged institution. To that end, the board shall
expend from the appropriations allocated for the merged institution
such funds as are necessary or expedient to operate and conduct
programs, to acquire clear title to any real property and to make necessary capital improvements. The title to all property
purchased for the use of the merged institution is vested in the
governing board of the receiving institution.
(b)
Consolidated institutions. --
(1) The programs of a consolidated institution are operated
under the procedures, policies, rules and practices of the newly
formed board of governors, which shall initially adopt the rules
and policies of one of the consolidated institutions until the time
new or revised policies are promulgated and approved. The
administrative planning committee shall make a recommendation to
the newly-formed board of governors regarding which of the rules
and policies of the consolidated institutions should be adopted.
(2) The title to all real property, facilities, and equipment
of, as well as each valid agreement and obligation undertaken by,
the consolidated institutions are transferred to the newly-formed
board of governors of the consolidated institution, which shall
exercise general determination, control, supervision and management
of the financial, business and education policies and affairs of
the consolidated institution.
(3) It is the duty of the board of governors of the
consolidated institution to adopt policies, procedures and
standards that authorize, support and encourage the consolidated
institution to fulfill its core mission. It is further the
specific duty of the governing board to facilitate delivery of a comprehensive program of community and technical college education
in the counties that are served by the consolidated institution.
To that end, the board shall expend from the appropriations
allocated to the consolidated institutions such funds as are
necessary or expedient to operate and conduct programs, to acquire
clear title to any real property and to make necessary capital
improvements. The title to all property purchased for the use of
a consolidated institution is vested in the governing board of the
newly-formed consolidated institution.
§18B-3F-10. Rights and benefits of employees of merged
institutions; notice of employment status
required.
(a) The president of a receiving institution, in consultation
with the governing board, determines which, if any, employees of
the board of governors of a merged institution are to be retained
by the receiving institution. The president shall provide official
notice to each employee of his or her employment status not later
than three months prior to the merger completion date as
established by the council in the strategic reorganization plan.
(b) For an employee who is not to be retained, the official
notice shall contain a date of termination which may not be later
than six months following the merger completion date established by
the council.
(c) An employee who is not retained as a result of the merger may not use or be subject to the provisions of section one, article
seven of this chapter or any other provisions of this code or rules
of the board of governors or council regarding layoffs, reductions
in force, retention, or recall.
(d) An employee who is retained by the receiving institution
at the completion of the merger is considered as having no break in
service for calculation of years of service, seniority, or
continued employment by the state.
NOTE: The purpose of this bill is to authorize the
reorganization and consolidation of community and technical
colleges. The bill sets forth the powers and duties of the West
Virginia Council for Community and Technical College Education
;
provides definitions. The bill makes legislative findings, sets
forth the development of a strategic reorganization plan,
establishes an administrative planning committee, sets forth
membership of that committee, terms of offices, powers and duties.
The bill also identifies the appointment of an institutional
president and other officers. Additionally, the bill identifies
transfer of assets and liabilities, operating budgets, orders,
policies, and procedures; sets
operating budgets, orders, policies,
and procedures for consolidation institutions. Moreover, the bill
sets forth employee benefits and notification requirements of
certain employees of retention or termination by certain date,
under certain circumstances.
This article is new; therefore, strike-throughs and
underscoring have been omitted.