H. B. 2618
(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)
[By Request of the Executive]
[Introduced February 22, 1995; referred to the
Committee on Education then Finance.]
A BILL to repeal section four, article three-a, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to repeal section four,
article three, chapter eighteen-b of said code; to amend and
reenact section two, article two-b, chapter eighteen of said
code; to amend and reenact sections one-a, one-b, two, eight
and eight-a, article one, chapter eighteen-b of said code;
to further amend said article one by adding thereto two new
sections, designated sections one-c and one-d; to amend and
reenact section three, article three of said chapter; to
amend and reenact sections one-b, two and four, article three-a of said chapter; to amend and reenact article
three-b of said chapter; to amend and reenact sections one
and two, article four of said chapter; to amend article
eleven of said chapter by adding thereto a new section,
designated section five; and to amend article fourteen of
said chapter by adding thereto a new section, designated
section five; all relating to achieving the goals for higher
education; adding new objectives relating to access and
citizenship; requiring benchmarks and progress reports;
requiring institutions to strategically focus resources to
meet the goals and allowing them to retain and redirect
program savings; increasing institutional flexibility and
capacity for change through expedited procedures for review
and revision of governing board and institutional rules,
tuition and fee simplification, retirement and separation
incentives, limited waivers for local governance and general
authorization to sell property; creating a separate
community and technical college system and revising certain
provisions to comport such system; and creating an institute
for instructional technology and eliminating duplicative program authorizations.
Be it enacted by the Legislature of West Virginia:
That section four, article three-a, chapter eighteen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended be repealed; that section four, article three, chapter
eighteen-b of said code be repealed; that section two, article
two-b, chapter eighteen of said code be amended and reenacted;
that sections one-a, one-b, two, eight and eight-a, article one,
chapter eighteen-b of said code be amended and reenacted; that
said article one be further amended by adding thereto two new
sections, designated sections one-c and one-d; that section
three, article three of said chapter be amended and reenacted;
that sections one-b, two and four, article three-a of said
chapter be amended and reenacted; that article three-b of said
chapter be amended and reenacted; that sections one and two,
article four of said chapter be amended and reenacted; that
article eleven of said chapter be amended by adding thereto a new
section, designated section five; and that article fourteen of
said chapter be amended by adding thereto a new section,
designated section five; all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2B. AREA VOCATIONAL PROGRAM.
§18-2B-2. Joint Commission for vocational-technical-occupational
education; state board of education and board of
governors; authority to establish programs, etc.;
division of vocational education established;
rules; director.
(a) For the purpose of this article, the state board of
education is designated as the state board of vocational
education serving and meeting as the sole agency responsible for
the administration of vocational education and for supervision of
the administration thereof by local educational agencies and is
hereby authorized and empowered to establish, operate and
maintain area vocational educational programs including the
acquisition by purchase, lease, gift or otherwise of necessary
lands and the construction, expansion, remodeling, alteration and
equipping of necessary buildings for the purpose of operating and
conducting educational training centers. The state board of
vocational education may delegate for such period of time as it
may determine its operational authority for multi-county
vocational centers to an administrative council composed of equal representation from each of the participating county boards of
education, the superintendent of schools from each participating
county, and the state director of vocational education or his
representative. To this end, there is hereby expressly
established in the state board of education a division of
vocational education which shall establish the area or areas in
which the programs are to be conducted and shall have authority
to promulgate, pursuant to the provisions of chapter twenty-nine-
a of this code, rules and regulations necessary to carry out the
provisions of this article. The administration and supervision
of the area vocational educational programs shall be administered
by the director of the division of vocational education.
(b) Effective the first day of July, one thousand nine
hundred ninety,
(a) The West Virginia joint commission for
vocational-technical-occupational education, hereinafter referred
to as "joint commission," established pursuant to the provisions
of article three-a, chapter eighteen-b of this code, is
designated as the sole agency responsible for the administration
of vocational-technical-occupational education in the state. The joint commission is designated thereafter to receive federal
money for vocational-technical-occupational education in the
state as of the first day of July, one thousand nine hundred
ninety. Effective the first day of July, one thousand nine
hundred eighty-nine, The joint commission shall determine which
adult occupational education programs and which adult technical
preparatory education educational programs as defined in section
one-b, article three-a, chapter eighteen-b of this code, shall be
under the jurisdiction of the state board of education and which
said programs shall be under the jurisdiction of the board of
governors of the West Virginia community and technical college
system. directors. Effective the first day of July, one
thousand nine hundred eighty-nine, Any proposed new program by
the state board of education or the board of governors directors
in the areas of adult occupational education or adult technical
preparatory education as defined in section one-b, article
three-a, chapter eighteen-b of this code shall be filed with the
joint commission with notice of intent to plan, which such new
program shall require approval by the joint commission prior to
institution of such new program. The secondary and post-secondary vocational education programs of the state
existing as of the effective date of this article shall remain in
place until the first day of July, one thousand nine hundred
ninety, during which time the joint commission shall conduct a
study of secondary and post-secondary vocational education in the
state including definitions of same, and shall make
recommendations to the Legislature respecting secondary and
post-secondary vocational education in the state, including
recommendations as to the definitions of same, on or before the
first day of December, one thousand nine hundred ninety. As of
the first day of July, one thousand nine hundred ninety, The
joint commission is authorized to implement policies to supervise
and coordinate the secondary and post-secondary vocational
education programs in the state. The joint commission is hereby
empowered as of the first day of July, one thousand nine hundred
ninety, to determine the standards for the certification and
awards of vocational programs in the state or to delegate said
authority to the appropriate board. based on the joint
commission's aforesaid study of the secondary and post-secondary
vocational education in the state
(b) The state board of education shall be responsible for
the administration of secondary vocational education programs, as
determined by the joint commission, and for supervision of the
administration thereof by local educational agencies and is
hereby authorized and empowered to establish, operate and
maintain area vocational educational programs including the
acquisition by purchase, lease, gift or otherwise of necessary
lands and the construction, expansion, remodeling, alteration and
equipping of necessary buildings for the purpose of operating and
conducting secondary educational training centers. The state
board of education may delegate for such period of time as it may
determine its operational authority for multi-county vocational
centers to an administrative council composed of equal
representation from each of the participating county boards of
education, the superintendent of schools from each participating
county, and the state director of vocational education or his
representative. To this end, there is hereby expressly
established in the state board of education a division of
secondary vocational education which shall establish the area or
areas in which the programs are to be conducted and shall have authority to promulgate, pursuant to the provisions of chapter
twenty-nine-a of this code, rules necessary to carry out the
provisions of this article. The administration and supervision
of the area vocational educational programs shall be administered
by the director of the division of vocational education. The
state board of vocational education, previously established
under this article, is abolished effective the first day of July,
one thousand nine hundred ninety.
(c) The board of governors of the West Virginia community
and technical college system directors shall be responsible for
the administration of all post-secondary vocational education in
the state, as determined by the joint commission, which shall be
administered as a part of the community and technical college
state college system as defined in section two, article one,
chapter eighteen-b of this code. In the development of the
post-secondary education portion of any and all state plans or
amendments thereto as may be required for participation in the
Vocational Education Act of 1963, as amended, or as may be
required for state participation in any federally funded
post-secondary vocational-technical or occupational education programs, the board of governors directors shall solicit
recommendations from the state board of education and the
director of the division of vocational education for the post-
secondary education provisions to be included in all such plans.
(d) The joint commission shall, in any and all plans
submitted for federal vocational education funds in support of
vocational-technical or occupational education, provide that:
(a) (1) The secondary vocational-technical-occupational
education programs administered by the state board of education
shall be eligible to receive vocational-technical-occupational
education funds in accordance with federal guidelines;
(b) (2) The post-secondary vocational-technical-occupational
education programs under the jurisdiction of the board of
governors of the West Virginia community and technical college
system comprehensive community college education service regions
as established by the board of directors shall be eligible to
receive post-secondary vocational-technical-occupational funds in
accordance with federal guidelines;
(c) (3) Services, programs, equipment and facilities may be
contracted between comprehensive community and technical colleges, area vocational technical schools and county boards of
education as a means of preventing unnecessary duplication;
(d) (4) Federal funds provided to the state in support of
vocational-technical-occupational education shall be allocated
to the state board of education and to the board of
governors directors for use in the state system of comprehensive
vocational-technical-occupational education in an amount in
direct proportion as the respective vocational-technical-
occupational enrollments of each program is to the total
vocational-technical-occupational enrollment of the state.
(e) There shall be established an implementation team to
review the work of the joint commission for vocational-technical-
occupational education and to file a report with the governor and
the Legislature by the first day of December, one thousand nine
hundred ninety, and shall also file a report with the legislative
oversight commission on education accountability no later than
the first day of December, one thousand nine hundred eighty-nine.
The implementation team shall be composed of one representative
of the state department of education, one representative of the
community colleges, three members of the senate education committee and three members of the house education committee, all
to be appointed by the governor. The secretary of education and
the arts shall be responsible for staffing the implementation
team utilizing existing personnel, equipment and offices of the
board of directors of the state college system and the state
board of education.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1a. Goals for post-secondary education.
(a) Findings and directives. -- The Legislature finds that
higher education is a vital force in the future of West Virginia.
For the state to realize its considerable potential in the
twenty-first century, West Virginia should invest in its people
through a strong and dynamic higher education system.
The Legislature further finds that the people of West
Virginia have demonstrated their support for this finding through
their involvement and comments at meetings held throughout the
state pursuant to Senate Concurrent Resolution No. 30 adopted at
the regular session of the West Virginia Legislature, one
thousand nine hundred ninety-two. The Legislature, also, endorses the report submitted by the higher education advocacy
team pursuant to said resolution and directs the affected
educational agencies to implement unified strategies for
accomplishing the needed improvements.
(b) Goals and objectives. -- In the pursuance of the above
findings, the following goals and objectives are hereby adopted
with respect to the investments which are necessary for higher
education in West Virginia to contribute fully to the growth,
development and quality of life of the state and its citizens:
(1) Students should be better prepared in high school to
meet college standards jointly agreed upon by higher education
and the public schools as required under subsection (c), section
five of this article. Those standards should be conveyed to
students prior to entering tenth grade;
(2) More students should obtain education beyond the high
school level for our individual and collective economic
development that is both high quality and relevant:
(A) The awareness of post-secondary educational
opportunities among the state's citizens should be expanded and
their motivation to take advantage of available opportunities should be enhanced;
(B) Assistance in overcoming the financial barriers to post-
secondary education should be provided;
(C) A student-friendly environment should be created within
post-secondary education to encourage and expand participation
for the increasingly diverse student population;
(D) All West Virginians, whether traditional or
nontraditional students, displaced workers, or those currently
employed should have access to post-secondary educational
opportunities through their community and technical colleges,
colleges, and universities which is relevant, affordable, allows
them to gain transferrable credits and associate or higher level
degrees, provides quality technical education and skill training,
and is responsive to business, industry, labor and community
needs.
(3) Students should be prepared to compete in a global
economy in which the good jobs will require an advanced education
and level of skill which far surpasses former requirements and to
practice good citizenship:
(A) Academic preparation should be improved to ensure that students enrolling in programs of post-secondary education are
adequately prepared to be successful in their selected fields of
study and career plans;
(B) College graduates should meet or exceed national and
international standards for skill levels in reading, oral and
written communications, mathematics, critical thinking, science
and technology, research and human relations;
(C) College graduates should meet or exceed national and
international standards for performance in their fields through
national accreditation of programs and through outcomes
assessment of graduates;
(D) The faculties in higher education and in public schools
should include elements of citizenship development across the
curriculum in core areas, including practical applications such
as community service, civic involvement and participation in
charitable organizations, or in the many opportunities for the
responsible exercise of citizenship that higher education
institutions provide.
(4) Resources should be focused on programs and courses
which offer the greatest opportunities for students and the greatest opportunity for job creation and retention in the state:
(A) An entrepreneurial spirit and flexibility should be
created within higher education to respond to the needs of the
current work force and other nontraditional students for
college-level skills upgrading and retraining;
(B) A focus should be created on programs supportive of West
Virginia employment opportunities and the emerging high
technology industries;
(C) Closer linkages should be established among higher
education and business, labor, government, community and economic
development organizations;
(5) Resources should be used to their maximum potential and
faculty and technology should be combined in a way that makes
West Virginia higher education more productive than similar
institutions in other states:
(A) Institutional missions should be clarified and resources
should be shifted to programs which meet the current and future
work force needs of the state;
(B) Program duplication necessary for geographic access
should be determined and unnecessary duplication should be eliminated;
(C) Systematic ongoing mechanisms should be established for
each state institution of higher education to set goals, measure
the extent to which those goals are met and use results of
quantitative evaluation processes to improve institutional
effectiveness;
(D) Institutional productivity and administrative efficiency
standards should be established to ensure that state institutions
of higher education are more productive and efficient than
similar institutions in other states; and
(6) The compensation of faculty, staff and administrators
should be established at competitive levels to attract and keep
quality personnel at state institutions of higher education:
(A) Faculty and staff classification and compensation at
state institutions of higher education should be competitive with
relevant market levels; and
(B) Available revenues should be distributed in an equitable
fashion which enables each state institution of higher education
to fulfill its mission and reward its employees appropriately.
§18B-1-1b. Implementation of findings, directives, goals and
objectives.
The governing boards board of trustees and the board of directors
shall develop a plan for implementation of the legislative
findings, directives, goals and objectives set forth in section
one-a of this article, including benchmarks and to ensure
accountability in achieving implementing said findings,
directives, goals and objectives, in consultation with the
secretary of education and the arts, the president of the state
board of education, the president of the West Virginia
association of private colleges, the president of the joint
commission for vocational-technical-occupational education and
the president of the West Virginia economic development council.
A written report of the plan required by this section, including
the plans required of the state institutions of higher education
pursuant to section one-c of this article and any resource
allocation exceptions granted thereunder, shall be submitted to
the governor and the legislative oversight commission on
education accountability by the first day of December, one
thousand nine hundred ninety-five, and thereafter, progress
toward achieving said goals and objectives shall be reported in the higher education report card required pursuant to section
eight-a of this article. ninety-three
§18B-1-1c. Strategically focusing resources to maximize
opportunity; institution plans; resource allocation
exceptions.
(a) Pursuant to achieving the goals for post-secondary
education as set forth in section one-a of this article, it is
imperative that every state institution of higher education
prepare a strategic plan of change to refocus its mission and
leadership, and restructure existing resources and programs to
achieve quality and instill in its students the attributes of
good citizenship. Such plans shall specifically state how the
institution will, over a five-year period as specified in the
plan, increase average faculty salaries at the institution, not
including health sciences, to a level equal to ninety-five
percent of the average faculty salaries at peer institutions in
the southern regional education board region and achieve full
funding of the uniform employee classification system and salary
policy for classified employees adopted by the respective
governing boards pursuant to section four, article nine of this
chapter, by refocusing its mission and leadership and restructuring its existing resources and programs in a manner
consistent with achieving the goals for post-secondary education.
The plan must also state how admission and exit standards for
students, incentives and staff development for assuring quality
teaching and learning, and the critical assessment of programs
will be used to meet the goals.
The president or administrative head of each state
institution of higher education shall submit the plan for the
institution to its respective governing board on or before the
first day of November, one thousand nine hundred ninety-five:
Provided, That the administrative head of each community and
technical college under the newly formed community and technical
college system shall not be required to submit their plans to the
board of governors until the first day of November, one thousand
nine hundred ninety-six. The governing boards shall approve or
disapprove such plans within sixty days of receipt and notify the
institution president or administrative head of its decision. If
disapproved, the governing board shall return the plan to the
institution president or administrative head stating its reasons
for disapproval. The institution president or administrative head may modify and resubmit a plan which was disapproved at any
time and the governing board shall approve or disapprove such
resubmitted plan within sixty days and notify the institution
president or administrative head as herein provided for the
original plan. The president or administrative head of every
state institution of higher education with an approved plan shall
update such plan on an annual basis to reflect performance during
the preceding year and make any necessary modifications. Such
updated plans shall be submitted on the first day of November in
each of the subsequent years that the plan is in effect and the
governing board shall follow the same procedures for approval or
disapproval as herein provided for the original plan. Upon the
approval of a plan or plan update which includes the elimination
of a program, the institution president or administrative head
shall immediately notify affected students, faculty and staff.
(b) Any state institution of higher education with an
approved plan may apply to its governing board for an exception
under the resource allocation model and policies to retain
funding for student enrollments based on the average full-time
equivalent enrollments over the five preceding years in programs that are proposed for elimination under the plan, or that have
been suspended by action of the governing board on or after the
first day of September, one thousand nine hundred ninety-four,
and are being eliminated. The application for an exception shall
be submitted by the institution president or administrative head
and state how the funds will be redirected to achieve the
purposes of the institution's approved plan including, but not
limited to, salary increases to attract and retain quality
faculty and staff, expand and improve the quality of existing
programs, begin new programs, or make additional investments in
technology and increased access. The governing board shall
approve or disapprove the application within sixty days of
receipt, and if disapproved, shall return the application to the
institution president or administrative head stating the reasons
for disapproval. The institution president or administrative
head may modify and resubmit an application which was disapproved
at any time and the governing board shall approve or disapprove
such resubmitted application within sixty days and notify the
institution president or administrative head as herein provided
for the original plan. Upon approval, the allocation exception shall become effective in the next ensuing allocation cycle and
remain in effect for the number of years required for students,
on the average, to complete the full program from beginning
enrollment to graduation. An exception to the resource
allocation model and policies granted under this section and any
differential approved for an institution by its governing board
to reflect the high costs of a program within the institution's
mission shall not be considered as a part of the institutions
base budget for the purposes of subsection (d), section two,
article five of this chapter, and any governing board rule to the
contrary is hereby specifically modified.
§18B-1-1d. Increasing flexibility and capacity for change.
(a) Review and revision of governing board and institutional
rules. -- The Legislature hereby finds and declares that a
compelling state interest exists in implementing the legislative
findings, directives, goals and objectives set forth in section
one-a of this article, and that these findings, directives,
goals, and objectives cannot be accomplished without the adoption
of rules by the governing boards and the state colleges and
universities that address and implement these findings, directives, goals and objectives in a consistent and workable
manner. Therefore, the Legislature finds that an emergency
situation exists and authorizes the governing boards to establish
emergency rules to implement the above findings, directives,
goals, and objectives.
The governing boards shall submit to the legislative
oversight commission on education accountability, by the first
day of October, one thousand nine hundred ninety-five, all
proposed rules deemed necessary pursuant to this section
regarding the internal operations and personnel of the governing
boards and their institutions. Upon approval of such emergency
rules by the commission, and the effective date of said rules,
previous rules of the governing boards specifically superseded by
or inconsistent with the rules shall be deemed null and void and
without the force and effect of law. The governing boards are
directed to consult with faculty and staff in the development of
such rules and to incorporate in such rules the protections and
privileges contained in present statute and policy to the extent
deemed reasonable by the boards.
Pursuant to this section, the governing boards, by the first day of October, one thousand-nine-hundred-ninety-five, may also
present to the legislative oversight commission on education
accountability a list of rules regarding their internal
management previously promulgated by the boards pursuant to
article three-a, chapter twenty-nine-a of this code, but deemed
no longer necessary to continue as a rule under this article.
After approval by the commission, these rules shall be deemed
null and void.
Ninety days from the effective date of any rule approved by
the legislative oversight commission on education accountability
pursuant to this section, all rules and policies of the
institutions of higher education under the governing boards'
jurisdiction, and affected by the new rules adopted pursuant to
this section, shall be vacated, superseded, and rendered null and
void. The president or other administrative head of each
institution shall, prior to the expiration of the ninety days,
conduct a review of all affected institutional rules and policies
and modify them, if necessary, to be consistent with said rules.
The president or other administrative head shall consult with the
faculty and staff in making such review. Prior to the expiration of the ninety-day period, the president or other administrative
head of each institution shall, after approval by the
institutional board of advisors, file new rules with the
governing boards to replace those vacated, superseded, and
rendered null and void by this subsection. These institutional
rules shall become effective at the expiration of the ninety-day
period set out above.
(b) Tuition and fee simplification. -- The Legislature
hereby finds that an emergency situation exists and, therefore,
the governing boards are hereby authorized to establish by
emergency rule, under the procedures of article three-a, chapter
twenty-nine-a of this code, a rule revising and simplifying the
tuition and fee structure set out in article ten of this chapter,
after approval by the legislative oversight commission on
education accountability, which shall receive said proposed rule
by the first day of October, one thousand nine hundred
ninety-five. Upon approval of such emergency rule by the
legislative oversight commission on education accountability, and
the effective date of said rule, all sections of article ten of
this chapter shall be deemed null and void and without the force and effect of law.
The governing boards are authorized, pursuant to the
provisions of the emergency rule set out above, to:
(1) Establish and collect tuition and fees to be charged
students;
(2) Establish different fee rates for different classes,
types and categories of students;
(3) Provide for a certain percentage of such tuition and
fees to be transferred to the governing boards for system costs
or initiatives;
(4) Provide for payment of the bonded indebtedness on
existing bonds of the governing boards and institutions;
(5) Establish payment and refund plans for students;
(6) Provide for fee waivers;
(7) Provide for the issuance of revenue bonds for capital
projects and improvements;
(8) Establish and charge special fees to offset costs
associated with providing special services or programs at
institutions;
(9) Provide a mechanism for legislative consultation regarding major capital projects; and
(10) Take whatever action deemed necessary to simplify the
tuition and fee structure set out in article ten of this chapter.
The governing boards and state institutions of higher
education shall establish special revenue accounts for the
deposit of funds collected pursuant to this section and the rule
set out above. Notwithstanding any other provision of this code
to the contrary, the governing boards and state institutions of
higher education shall periodically examine the balance in each
special revenue account established in the state treasury for the
boards or their institutions, and if the governing board or
institution determines that a balance exists in excess of that
which is reasonably required to accomplish the purposes for which
the account was established, the board or institution in control
of that account may transfer all or a portion of such excess to
any other account under the jurisdiction of that board or
institution. The governing board or institution making such a
transfer shall notify the state auditor, state treasurer, and
legislative auditor of the affected accounts, account balances
and amounts transferred.
(c) Retirement and separation incentives. -- Notwithstanding
any other provisions of this code to the contrary, the governing
boards are authorized to adopt and implement policies that offer
various incentives for voluntary, early or phased retirement of
employees, or voluntary separation from employment, when
necessary to effectively implement programmatic changes pursuant
to the findings, directives, goals, and objectives of this
article. The Legislature finds and declares there is a
compelling state interest in adoption of these policies and that
an emergency situation exists and therefore authorizes the
governing boards to establish by emergency rule, under the
procedures of article three-a, chapter twenty-nine-a of this
code, a rule to implement such policies.
The Legislature specifically grants the governing boards the
authority to include provisions in such rule that allow:
(1) Payment of a lump sum to an employee to resign or
retire;
(2) Continuation of full salary to an employee for a
predetermined period of time prior to the employees resignation
or retirement and a reduction in the employees hours of employment during the predetermined period of time;
(3) Continuation of insurance coverage pursuant to the
provisions of article sixteen, chapter five of this code for a
predetermined period;
(4) Continuation of full employer contributions to an
employees retirement plan during a phased retirement period;
(5) An employee retiring pursuant to an early or phased
retirement plan to begin collecting an annuity from the
employee's retirement plan prior to the statutorily designated
retirement date, or without terminating their service with the
institution; and
(6) Any other incentive necessary to effectuate the purposes
of this section: Provided, That the costs associated with any of
these incentives shall be borne entirely by the governing boards
and institutions and no incentive shall be granted that imposes
costs on the retirement systems of the state or the public
employees insurance agency unless those costs are paid entirely
by the governing boards and institutions.
No incentive provided for in this section or rules adopted
pursuant to this section shall be granted except in furtherance of programmatic changes undertaken pursuant to the findings,
directives, goals, and objectives set forth in this article.
The Legislature further finds and declares that there is a
compelling state interest in restricting the availability and
application of these incentives to individual employees
determined by the governing boards and institutions to be in
furtherance of the aims of this section and nothing herein shall
be interpreted as granting a right or entitlement of any such
incentive to any individual or group of individuals. Any
employee granted incentives under the aforementioned rule shall
be ineligible for reemployment by the governing boards or their
institutions during or after the negotiated period of their
incentive concludes.
(d) Pilot flexibility initiative. -- There is hereby
established a pilot flexibility initiative under which state
institutions of higher education in the state college system may
apply to the board of directors for a five-year waiver of board
policies and rules as may be necessary to accomplish such program
and other institutional innovation as specified in the
application. The board of directors may approve the applications of not more than two institutions. The application shall be
submitted by the institution president and shall state the goals
and objectives that the institution proposes to accomplish if the
application is approved and the conditions under which the
institution would operate. Upon approval of the application, the
governor shall appoint a ten member institutional governing board
which shall be responsible for governing the institution during
the period of the waiver, subject to applicable state and federal
law, the goals, objectives and conditions specified in the
application, and such periodic progress reports and project
evaluation as may be required by the governing board.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code shall have the meaning hereafter ascribed
to them unless the context clearly indicates a different meaning:
(a) "Board of governors" means the board of directors of the
state college system sitting as the board of governors of the
West Virginia community and technical college system, except that
the representatives of the advisory council of students, the
advisory council of faculty and the advisory council of classified staff shall be those elected from their respective
councils in the community and technical college system and both
the chancellors of the university system and the state college
system shall be ex officio non voting members;
(a) (b) "Governing board" or "board" means the university of
West Virginia board of trustees or the board of directors of the
state college system or the board of directors of the state
college system sitting as the board of governors of the West
Virginia community and technical college system, whichever is
applicable within the context of the institution or institutions
referred to in this chapter or in other provisions of law, except
that when a joint decision of all three governing boards is
required, the appointed members of the board of directors shall
each have only one vote on the matter in their capacity as
members of both the board of directors and the board of governors
and the vote of each of the elected representatives of the board
of directors and the board of governors shall be weighted as one-
half;
(b) (c) "Governing boards" or "boards" means both the board
of trustees, and the board of directors, and the board of directors sitting as the board of governors;
(c) (d) "Freestanding community colleges" means southern
West Virginia community and technical college and West Virginia
northern community and technical college, which shall not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) (e) "Community college" or "community colleges" means
freestanding community and technical colleges, and community and
technical colleges established pursuant to section one, article
three-b of this chapter; branches of state institutions of higher
education within the state college system and programs offered at
state institutions of higher education within the state college
system which are two years or less in duration;
(e) "Community college component" means any program
operated by a state institution of higher education within the
university system which is two years or less in duration, which
program may be offered at the institution or at a branch or
off-campus location;
(f) "Community and technical college system" means the
system of community and technical colleges established pursuant to section one, article three-b of this chapter, and also shall
include post-secondary vocational education programs in the state
as those terms are defined in this section;
(f) (g) "Directors" or "board of directors" means the board
of directors of the state college system created pursuant to
article three of this chapter or the members thereof and the
board of directors sitting as the board of governors when the
context in which used applies to the general powers, duties,
functions and responsibilities of a governing board which are not
specifically modified by other provisions relating to the board
of governors or the community and technical college system;
(g) (h) "Higher educational institution" means any
institution as defined by Sections 401(f), (g) and (h) of the
federal Higher Education Facilities Act of 1963, as amended;
(h) (i) "Post-secondary vocational education programs" means
any college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of governors; directors
(i) (j) "Rule" or "rules" means a regulation, standard, policy or interpretation of general application and future
effect;
(j) (k) "Senior administrator" means the person hired by the
governing boards in accordance with section one, article four of
this chapter, with such powers and duties as may be provided for
in section two of said article;
(k) (l) "State college" means Bluefield state college,
Concord college, Fairmont state college, Glenville state college,
Shepherd college, West Liberty state college, West Virginia
institute of technology or West Virginia state college;
(l) (m) "State college system" means the state colleges; and
community colleges, and also shall include post-secondary
vocational education programs in the state, as those terms are
defined in this section
(m) (n) "State institution of higher education" means any
university, statutory branch campus of West Virginia university,
college or community and technical college in the state
university system, or the state college system, or the community
and technical college system as those terms are defined in this
section;
(n) (o) "Trustees" and "board of trustees" means the
university of West Virginia board of trustees created pursuant to
article two of this chapter or the members thereof;
(o) (p) "University", "university of West Virginia" and
"state university system" means the multi-campus, integrated
university of the state, consisting of West Virginia university
including West Virginia university at Parkersburg branch campus,
Potomac state college of West Virginia university branch campus
and the West Virginia university school of medicine; Marshall
university including the Marshall university school of medicine;
the West Virginia graduate college; and the West Virginia school
of osteopathic medicine.
§18B-1-8. Powers and duties of governing boards generally.
(a) Each governing board shall separately have the power and
duty to:
(1) Determine, control, supervise and manage the financial,
business and educational policies and affairs of the state
institutions of higher education under its jurisdiction;
(2) Prepare a master plan for the state institutions of
higher education under its jurisdiction, setting forth the goals, missions, degree offerings, resource requirements, physical plant
needs, state personnel needs, enrollment levels and other
planning determinates and projections necessary in such a plan to
assure that the needs of the state for a quality system of higher
education are addressed: Provided, That the master plan for
post-secondary vocational education is subject to approval by the
joint commission for vocational-technical-occupational education.
The plan shall also address the roles and missions of private
post-secondary education providers in the state. Each board
shall involve the executive and legislative branches of state
government and the general public in the development of all
segments of the plan for post-secondary education in the state.
The plan shall be established for periods of not less than five
nor more than ten years and shall be periodically revised as
necessary, including the addition or deletion of degree programs
as, in the discretion of the boards, may be necessary. Whenever
a state institution of higher education desires to establish a
new degree program, such program proposal shall not be
implemented until the same is filed with both governing boards.
Upon objection thereto within sixty days by either governing board, such program proposal shall be filed with the secretary
of education and the arts, who shall approve or disapprove such
proposal within one year of the filing of said program proposal;
(3) Prescribe and allocate among the state institutions of
higher education under its jurisdiction, in accordance with its
master plan, specific functions and responsibilities to meet the
higher education needs of the state and to avoid unnecessary
duplication;
(4) Consult with the executive branch and the Legislature in
the establishment of funding parameters, priorities and goals;
(5) Establish guidelines for and direct the preparation of
budget requests for each of the state institutions of higher
education under its jurisdiction, such requests to relate
directly to missions, goals and projections in its state master
plan;
(6) Consider, revise and submit to the appropriate agencies
of the executive and legislative branches of state government
separate budget requests on behalf of the state institutions of
higher education under its jurisdiction or a single budget for
the state institutions of higher education under its jurisdiction: Provided, That when a single budget is submitted,
that budget shall be accompanied by a tentative schedule of
proposed allocations of funds to the separate state institutions
of higher education under its jurisdiction;
(7) Prepare and submit to the speaker of the House of
Delegates and the president of the Senate, no later than the
first day of each regular session of the Legislature, and to any
member of the Legislature upon request, an analysis of the budget
request submitted under subdivision (6) of this subsection. The
analysis shall summarize all amounts and sources of funds outside
of the general revenue fund anticipated to be received by each
state institution of higher education under its jurisdiction and
the effect of such funds on the budget request;
(8) Prepare and submit to the legislative auditor, no later
than the first day of July of each year, the approved operating
budgets of each state institution of higher education under its
jurisdiction for the fiscal year beginning on that date and, no
later than the first day of August, a summary of federal and
other external funds received at each such institution during
the previous fiscal year;
(9) Establish a system of information and data management
that can be effectively utilized in the development and
management of higher education policy, mission and goals;
(10) Review, at least every five years, all academic
programs offered at the state institutions of higher education
under its jurisdiction. The review shall address the viability,
adequacy and necessity of the programs in relation to its master
plan and the educational and work force needs of the state. As
a part of such review, each governing board shall require each of
its institutions to conduct periodic studies of its graduates and
their employers to determine placement patterns and the
effectiveness of the educational experience. Where appropriate,
these studies should make use of the studies required of many
academic disciplines by their accrediting bodies. The governing
boards shall also ensure that the sequence and availability of
academic programs and courses is such that students have the
maximum opportunity to complete programs in the time frame
normally associated with program completion, that the needs of
nontraditional college age students are appropriately addressed,
and that core course work completed at any state institution of higher education is transferable to another state institution
of higher education for credit with the grade earned.
Notwithstanding any other provision of this code to the contrary,
after the effective date of this section the appropriate
governing board shall have the exclusive authority to approve
the teacher education programs offered in the institutions under
their control. In order to permit graduates of teacher education
programs to receive a degree from a nationally accredited program
and in order to prevent expensive duplication of program
accreditation, the boards may select and utilize one nationally
recognized teacher education program accreditation standard as
the appropriate standard for program evaluation;
(11) Utilize faculty, students and classified staff in
institutional level planning and decision making when those
groups are affected;
(12) Administer a uniform system of personnel classification
and compensation for all employees other than faculty and policy
level administrators;
(13) Establish a uniform system for the hearing of employee
grievances and appeals therefrom, so that aggrieved parties may be assured of timely and objective review;
(14) Solicit and utilize or expend voluntary support,
including financial contributions and support services, for the
state institutions of higher education;
(15) Appoint a president or other administrative head for
each institution of higher education from candidates submitted by
the search and screening committees of the institutional boards
of advisors pursuant to section one, article six of this chapter:
Provided, That the administrative head of a community and
technical college which has its main campus on the campus of
another state institution of higher education shall be a provost
appointed by the president of such other state institution of
higher education as provided in section one, article three-b of
this chapter, or the president of a statutory branch campus of
West Virginia university serving as both the president and the
provost;
(16) Conduct written performance evaluations of each
institution's president in every fourth year of employment as
president, recognizing unique characteristics of the institution
and utilizing institutional personnel, institutional boards of advisors, staff of the appropriate governing board and persons
knowledgeable in higher education matters who are not otherwise
employed by a governing board;
(17) Submit to the joint committee on government and
finance, no later than the first day of December of each year, an
annual report of the performance of the system of higher
education under its jurisdiction during the previous fiscal year
as compared to stated goals in its master plan and budget
appropriations for that fiscal year; and
(18) The governing boards shall have the power and authority
to enter into contracts or consortium agreements with the public
schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and
customized training courses at locations either on campuses of
public institutions of higher education or at off-campus
locations in such institutions' regional educational service
areas. To accomplish this goal, the boards are permitted to
share resources among the various groups in the community. The
governing boards shall promulgate uniform legislative rules
providing for entering into said contracts and consortium agreements and for determining and granting credit for work
experience for courses offered by the consortium.
(b) The power, herein given to each governing board to
prescribe and allocate among the state institutions of higher
education under its jurisdiction specific functions and
responsibilities to meet the higher educational needs of the
state and avoid unnecessary duplication, shall not be restricted
by any provision of law assigning specified functions and
responsibilities to designated state institutions of higher
education, and such power shall supersede any such provision of
law: Provided, That each governing board may delegate, with
prescribed standards and limitations, such part of its power and
control over the business affairs of a particular state
institution of higher education to the president or other
administrative head of such state institution of higher education
in any case where it deems such delegation necessary and prudent
in order to enable such institution to function in a proper and
expeditious manner: Provided, however, That such delegation
shall not be interpreted to include classification of employees,
lawful appeals made by students in accordance with the appropriate governing board's policy, lawful appeals made by
faculty or staff or final review of new or established academic
or other programs. Any such delegation of power and control may
be rescinded by the appropriate governing board at any time, in
whole or in part.
(c) The governing boards shall promulgate uniform
legislative rules by the first day of September, one thousand
nine hundred ninety-three, setting forth standards for acceptance
of advanced placement credit for their respective institutions.
Individual departments at institutions of higher education may,
upon approval of the institutional faculty senate, require higher
scores on the advanced placement test than scores designated by
the appropriate governing board when the credit is to be used
toward meeting a requirement of the core curriculum for a major
in that department.
(d) Each governing board and/or an individual appointed by
the president of each institution shall consult, cooperate and
work with the state treasurer and the state auditor to develop an
efficient and cost-effective system for the financial management
and expenditure of special revenue and appropriated state funds for higher education that ensures that properly submitted
requests for payment be paid within fifteen days of receipt in
the state auditor's office. The system shall be established and
implemented as soon as practical and the governing boards shall
report to the legislative oversight commission on education
accountability prior to the first day of January, one thousand
nine hundred ninety-four, regarding the efficacy of the system.
(e) The governing boards shall implement by the first day of
July, one thousand nine hundred ninety-four, a uniform and
consistent method of conducting personnel transactions including,
but not limited to, hiring, dismissal, promotions and transfers
at all institutions under their jurisdiction. Each such
personnel transaction shall be accompanied by the appropriate
standardized system or forms which will be submitted to the
respective governing boards, secretary of education and the arts,
department of finance and administration and the legislative
oversight commission on education accountability.
§18B-1-8a. Higher education accountability; institutional and
statewide report cards.
(a) The governing boards are directed to make information available to parents, students, faculty, staff, state
policymakers and the general public on the quality and
performance of public higher education. This information shall
be consistent and comparable between and among the state
institutions of higher education and, if applicable, comparable
with information from peer institutions in the region and nation.
(b) On or before the first day of November, one thousand
nine hundred ninety-five, the governing boards are directed to
adopt a rule pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code, providing for the collection,
analysis, and dissemination of data and information on the
performance of the state institutions of higher education,
including health sciences education in relation to the findings,
directives, goals and objectives set forth in sections one-a and
one-b of this article and in comparison to their peers in the
region and nation. In developing the rule, the governing boards
shall consult with the governor, the legislative oversight
commission on education accountability, and the state department
of education regarding the relevant areas of data and information
deemed necessary for inclusion in a higher education report card. Upon approval of the rule by the legislative oversight commission
on education accountability, and the effective date of the rule,
the provisions of subsection (c) of this section shall be null
and void: Provided, That the statewide report card due on the
first day of December, one thousand nine hundred ninety-five,
pursuant to that section, shall be compiled and disseminated
pursuant to said subsection. The governing boards shall prepare
forms for institutional and statewide report cards and shall by
the thirtieth day of September, one thousand nine hundred
ninety-one, promulgate reasonable and proper legislative rules
subject to approval of the Legislature pursuant to the provisions
of article three-a, chapter twenty-nine-a of this code. Such
legislative rules shall provide the legislative oversight
commission on education accountability with full and accurate
information while minimizing the institutional burden of
recordkeeping and reporting. Such legislative rules shall
include uniform definitions for the various indicators of student
and institutional performance and guidelines for the collection
and reporting of data and the preparation, printing and
distribution of report cards under this section. The report card forms shall provide for brief, concise reporting in nontechnical
language of required information. Any technical or explanatory
material which an institution or governing board wishes to
include shall be contained in a separate appendix available to
the general public upon request.
(b) (c) The president or chief executive officer of each
public college, university or community college shall prepare and
submit annually all requested data to the appropriate governing
board at such time as the governing board may establish. The
governing boards shall prepare institutional report cards for
institutions under their jurisdiction and systemwide report cards
which shall include the information required in the following
subdivisions:
(1) For all undergraduate students and for all institutions
having undergraduate programs, the institution shall report the
following as available and applicable: Average scores of
incoming freshmen and transfer students on the American college
test (ACT) or scholastic aptitude test (SAT); percentage of
incoming freshmen enrolled in developmental classes; student
performance as measured by grade point average and/or appropriate testing measures; the graduation or completion rate as may be
defined by federal law or regulation for the student body as a
whole and separately for students at the institution who received
athletically-related student aid categorized by sex and athletic
program; the rate at which individuals who complete or graduate
from the program of an institution pass applicable licensure or
certification examinations required for employment in a
particular vocation, trade or professional field; student
mobility (transfers in, transfers out and withdrawals); number
and percentage of student body receiving tuition fee waivers;
and number, percentage and dollar value of tuition fee waivers
categorized by whether such waiver is for athletic participation
or is an academic waiver and by whether the recipient is a
resident or nonresident of this state.
(2) For professional schools, defined for the purposes of
this section as academic programs leading to professions in which
licensing is normally required and for which an undergraduate
degree is a general prerequisite, the institution shall report
the following as available and applicable: Average scores of
beginning students and transfer students on standardized entrance examinations; number and percentage of student body receiving
tuition fee waivers; number, percentage and dollar value of
tuition fee waivers categorized by whether the recipient is a
resident or nonresident of this state; the number of degrees
granted; the graduation or completion rate as may be defined by
federal law or regulation for the student body as a whole; the
rate at which individuals who complete or graduate from the
program of an institution pass applicable licensure or
certification examinations required for employment in the
particular professional field; the total number of students in
each program, including the percentage of those students who are
state residents, the percentage of students who are nonresidents
of the state, the percentage of students who are women, and the
percentage of students who are minorities as the term is defined
by federal law; and the ratio of expenditures per pupil directly
attributable to students enrolled in the professional school as
compared to expenditures per pupil calculated as to students
enrolled in the institution as a whole.
(3) For graduate schools, defined for the purposes of this
section as academic programs leading to advanced degrees (masters or doctorates of philosophy in fields for which bachelor's degree
programs are available) and for which an undergraduate degree is
a general prerequisite, the institution shall report the
following as available and applicable: Average scores of
beginning students and transfer students on standardized entrance
examinations; number and percentage of student body receiving
tuition fee waivers; number, percentage and dollar value of
tuition fee waivers categorized by whether the recipient is a
resident or nonresident of this state; the number of degrees
granted; the graduation or completion rate as may be defined by
federal law or regulation for the student body as a whole; the
rate at which individuals who complete or graduate from the
program of an institution pass applicable licensure or
certification examinations required for employment; and the total
number of students in each program, including the percentage of
those students who are state residents, the percentage of
students who are nonresidents of the state, the percentage of
students who are women, and the percentage of students who are
minorities as the term is defined by federal law.
(4) In addition to any and all information required by subdivision (2) of this subsection, each health sciences school
shall assist the vice chancellor for health sciences in providing
information for the institutional and statewide report cards,
which shall include reports on the following:
(A) Information on graduates, including, but not limited to,
placement of interns and residents, retention rates in the state,
retention rates in undeserved areas as determined by the division
of health, the percentage practicing in primary care in this
state to be defined as family medicine, internal medicine,
pediatrics and obstetrics/gynecology, and other information
pertinent to health sciences education as it relates to health
care delivery in this state such as recruitment programs to
attract health care providers to West Virginia; reasons obtained
from graduate surveys as to why health care graduates are leaving
West Virginia; programs developed to direct graduates into
primary care practices and specialty shortage areas in this
state; and ways in which the health sciences schools intend to
assist in meeting the projected health care needs of this state,
including specialty and sub-specialty health care professional
needs and where such needs are expected to arise, as those needs are defined by the division of health or such other state agency
as the division of health may deem appropriate;
(B) Contractual and financial arrangements between the
health sciences schools and such nonprofit and for-profit
entities receiving moneys from the health sciences schools that
the board of trustees determines have a significant impact on the
provision of health sciences education in this state, such report
to state the entity, the amount of funds paid to such entity and
what the payment is for;
(C) The roles and missions of the health sciences schools
and evaluation of each school's performance in accordance with
outcome measures developed to evaluate the attainment of the
roles, missions and programs developed for each school;
(D) The annual audit of the expenditures of each health
sciences school and any audit received by the board from such
nonprofit and for-profit entities determined by the board of
trustees to have a significant affiliation to any health sciences
school;
(E) Findings regarding management and operation of the
health sciences schools, such findings to be based on the annual audits and to include proposals for and barriers to improving
efficiency and generating cost savings in health sciences
education;
(F) The quality of health sciences education, including, but
not limited to, a review of any accrediting agency's report on
health sciences education at any state-funded health sciences
school;
(G) The clinical health care services and programs offered
or delivered by the health sciences schools, including, but not
limited to, programs which use existing state facilities for the
purposes of clinical rotations;
(H) Matters relating to the funding and budgeting of health
sciences education in this state, including, but not limited to,
ways in which such budget effectuates the roles and missions of
the health sciences schools;
(I) The financing of health sciences education subsequent to
an annual, comprehensive review thereof, which report shall
include anticipated capital costs, projected operating expenses,
and future growth and recommendations on the allocation of any
state or other tax dedicated to the funding of health sciences education; and
(J) Such other administrative, budgetary, financial,
educational and other concerns as the board of trustees may deem
necessary or helpful in providing information about the health
sciences schools pursuant to this subsection.
(5) For all public institutions of higher education in the
state, the following indicators of institutional performance in
comparison with the aggregate of all other institutions in the
state, region and nation as applicable and to the extent
comparison data are available: Student-faculty ratio by school;
student-administrator ratio; faculty turnover by school;
?educational and general expenditure per full-time equivalent
(FTE) student; expenditure by fund in graphic display; the
academic rank and years of experience of the faculty and
administrators at the institution; percentage minorities comprise
of faculty and major administrative staff; percentage women
comprise of faculty and major administrative staff; percentage of
classes taught by adjunct or part-time faculty; statistics
concerning the occurrence on campus during the most recent school
year and during the preceding school years for which data are available of criminal offenses reported to campus security
authorities or local police; and statistics concerning the number
of arrests for crimes occurring on campus during the most recent
school year and during the preceding school years for which data
are available.
(c) The statewide report card shall include the data for
each institution for each separately listed applicable indicator
and the aggregate of the data for all institutions under the
jurisdiction of the board of trustees of the university of West
Virginia and for all institutions under the jurisdiction of the
board of directors of the state college system for each
indicator.
(d) The statewide report cards shall be prepared using
actual institutional, state, regional and national data as
applicable and available indicating the present performance of
the individual institutions and the state systems of higher
education and shall also include goals and trends for the
institutions and the higher education systems. Each governing
board as part of its assessment of the individual institutions
under its jurisdiction shall include the number and gross dollar amount of grants received for academic research for each
institution and a succinct review of research projects including
a brief description of each project and the numbers of faculty,
graduate and undergraduate students involved in each project. In
assessing progress toward meeting goals and in developing trend
information, the governing boards shall review report card data
in relation to previously adopted board goals, five-year plans,
regional and national higher education trends and the resource
allocation model.
(d) The higher education central office staff under the
direction of the senior administrator shall provide technical
assistance to each institution and governing board in data
collection and reporting and shall be responsible for assembling
the statewide report card from information submitted by each
governing board.
Each governing board shall prepare report card information
in accordance with the guidelines set forth in this section and
rules promulgated hereunder. The statewide report card shall be
presented at a regular board meeting of the appropriate governing
board subject to applicable notice requirements.
The statewide report cards shall be completed and
disseminated with copies to the legislative oversight commission
on education accountability prior to the first day of December,
one thousand nine hundred ninety-two, and each year thereafter.
Statewide report cards shall be based upon information for the
current school year or for the most recent school year for which
such information is available, in which case such year shall be
clearly footnoted.
The governing boards shall make copies of both the
institutional and statewide report cards available to any
individual requesting them.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-3. Additional duties of board of directors.
(a) The board of directors of the state college system shall
govern the state college system.
(b) The board of directors shall determine programs to be
offered by state institutions of higher education under its
jurisdiction, shall clarify the missions of the institutions
under its jurisdiction, and, in so doing, ensure that Fairmont
state and West Virginia institute of technology are given primary responsibility for technical preparation teacher training
programs.
(c) The board of directors sitting as the board of governors
of the West Virginia community and technical college system shall
govern community and technical colleges. All powers and duties
of the board of directors shall be the powers and duties of the
board of directors sitting as the board of governors unless
specifically modified by other provisions of this code. and
shall organize eight community college service areas in
accordance with section four of this article
(d) The board of directors shall adopt a faculty salary
program with an overall goal of attaining salaries equal to the
average faculty salaries within similar groups of disciplines and
program levels at comparable peer institutions within member
states of the southern regional education board. It is the
intent of the Legislature, limited by the extent of
appropriations made specifically therefor, to provide the board
of directors with sufficient funds to meet this goal by fiscal
year one thousand nine hundred ninety-six.
ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHN
ICAL-OCC
UPATIONAL
EDUCATIO
N.
§18B-3A-1b. Definitions.
As used in this article:
(a) "Secondary vocational education" shall mean any high
school level course or program which results or may result in a
high school diploma or its equivalent, under the jurisdiction of
the state board of education.
(b) "Post-secondary vocational education" shall mean any
college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of governors. directors
(c) "Adult basic education" shall mean adult basic skills
education designed to satisfy the basic literacy needs of adults;
to improve and/or upgrade information processing skills,
communication skills, and computational skills leading to a high
school equivalency diploma, under the jurisdiction of the state board of education.
(d) "Adult occupational education" shall mean adult skill
training beyond the high school level not leading to a
certificate or college credit, under the jurisdiction of the
joint commission for vocational-technical-occupational education.
(e) "Adult technical preparatory education" shall mean adult
skill training beyond the high school level, but less than the
associate degree, leading to a certificate and/or articulated
with post-secondary vocational education, under the jurisdiction
of the joint commission for vocational-technical-occupational
education.
§18B-3A-2. Composition of commission; terms of members;
qualifications of members.
The members appointed by the governor shall include all of
the following:
(a) Seven individuals who shall be representatives from
business, industry and agriculture, including one member
representing small business concerns, one member of whom shall
represent the West Virginia development office, one member of
whom shall represent proprietary schools and one member of whom shall represent labor organizations. In selecting private sector
individuals under this subdivision, the governor shall give due
consideration to the appointment of individuals who serve on a
private industry council or other appropriate state agencies.
(b) Six individuals, three of whom shall be representatives
of secondary vocational-technical-occupational education
appointed by the governor, with advice from the state
superintendent of schools, and three of whom shall be
representatives of post-secondary vocational-technical-
occupational education appointed by the governor, with advice
from the vice chancellor of the board of governors of the
community and technical college system. chancellor of the board
of directors
In addition to the members appointed by the governor, the
state superintendent of schools and the vice chancellor of the
board of governors directors shall serve as ex officio members.
Members of the commission shall serve for overlapping terms
of four years, except that the original appointments to the
commission shall be for staggered terms allocated in the
following manner: One member recommended for appointment by the chancellor, one member recommended for appointment by the state
superintendent of schools and two members appointed by the
governor for terms of two years; one member recommended for
appointment by the chancellor, one member recommended for
appointment by the state superintendent of schools and two
members appointed by the governor for terms of three years; and
one member recommended for appointment by the state
superintendent of schools, one member recommended for appointment
by the chancellor and three members appointed by the governor for
terms of four years.
§18B-3A-4. Duties and responsibilities.
The joint commission shall have the duties and
responsibilities set forth in the provisions of section two,
article two-b, chapter eighteen of this code, and in addition
shall:
(a) Meet with the state board of education and the board of
governors directors, or their representatives, to advise them on
state plans for vocational education; and
(b) Advise the state board of education and the board of
governors directors, and report to the Legislature by the first day of December, one thousand nine hundred eighty-nine, and
annually thereafter regarding all of the following:
(1) Policies the state should pursue to strengthen
vocational education with special emphasis on programs for the
handicapped.
(2) Programs and methods through which the private sector
could undertake to assist in the modernization of vocational
education programs.
(c) Effective July one, one thousand nine hundred ninety,
supervise the governance of all secondary and post-secondary
vocational education programs in the state, including the
programs assisted under the federal Vocational Education Act and
the Job Training Partnership Act, and shall implement policies to
both coordinate programs of the state board of education and the
board of governors directors and to eliminate duplicative
programs of same.
(d) Coordinate the delivery of vocational-technical-
occupational education in a manner designed to provide the
greatest yet most reasonable level of accessibility to students
in consideration of the most efficient use of available public funds.
(e) Encourage through articulation the most efficient
utilization of available resources, both public and private, to
meet the needs of vocational-technical-occupational education
students.
(f) Analyze and report to the governor and the Legislature
on the distribution of spending for vocational education in the
state and on the availability of vocational education activities
and services within the state.
(g) Consult with the state board of education and the board
of governors directors on evaluation criteria for vocational
education programs in the state.
(h) Recommend to the state board of education and the board
of governors directors on the delivery of vocational education
programs in the state which emphasize the involvement of business
and labor organizations.
(i) Assess and report to the governor and Legislature on the
distribution of federal vocational education funding provided
under Public Law 98-524, with an emphasis on the distribution of
financial assistance among secondary and post-secondary vocational education programs.
(j) Recommend procedures to the state board of education and
the board of governors directors to ensure and enhance public
participation in the provision of vocational education at the
local level, with an emphasis on programs which involve the
participation of local employers and labor organizations.
(k) Report to the state board of education, the board of
governors, directors and the Legislature on the extent to which
equal access to quality vocational education programs is provided
to handicapped and disadvantaged individuals, adults who are in
need of training and retraining, individuals who are single
parents or homemakers, individuals participating in programs
designed to eliminate sexual bias and stereotyping in vocational
education, and criminal offenders serving in correctional
institutions.
(l) Evaluate at least once every two years:
(1) The adequacy and effectiveness of the vocational
educational systems assisted under the federal Vocational
Education Act and the Job Training Partnership Act in achieving
the objectives defined in those acts.
(2) Develop uniform guidelines for the transferability of
credits among institutions in the state and transferability of
credits between and among the systems of higher education and the
state board of education.
(m) Designate lead institutions and do a region by region
study of existing programs, define peculiar needs of each region
and devise a statewide plan for secondary and post-secondary
vocational education.
(n) The secretary of the department of education and the
arts shall be responsible for staffing the joint commission,
utilizing existing personnel, equipment and offices of the state
board of education and the board of governors. directors
ARTICLE 3B. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3B-1. Establishment; state level governance; formation of
districts; college level administration and
governance; programs; district consortia;
implementation process; and implementation team.
(a) General. -- The purpose of this article is to establish
a community and technical college system that is well articulated
with the public schools and four year colleges; that makes
maximum use of shared facilities, faculty, staff, equipment and other resources; that encourages traditional and nontraditional
students and adult learners to pursue a life-time of learning;
that serves as an instrument of economic development; and that
has the independence and flexibility to respond quickly to
changing needs.
(b) State level governance. -- The community and technical
college system shall be governed by the board of directors of the
state college system sitting as the board of governors of the
West Virginia community and technical college system. When
sitting as the board of governors, the respective chancellors of
the board of trustees and board of directors shall both serve as
ex officio nonvoting members of the board and the representatives
of the advisory council of students, the advisory council of
faculty and the advisory council of classified staff shall be
those elected by their respective councils within the community
and technical college system. The board of governors shall
employ a vice chancellor for the community and technical college
system and shall establish within the higher education central
office a division of community and technical colleges with shared
staff and resources sufficient to carry out the intent of this article. The vice chancellor for the community and technical
college system shall report directly to the board of governors
and shall serve at its will and pleasure. The board of governors
shall receive advice and assistance from the West Virginia
community and technical college council which shall be composed
of the administrative head and the chair of the institutional
board of advisors of each community and technical college. The
board of governors shall meet with the community and technical
college council at least quarterly during the three-year
implementation process described in this section, and thereafter,
at least semi-annually. In appointing members to the
institutional boards of advisors for community and technical
college pursuant to section one, article six of this chapter, the
board of governors shall appoint persons reflective of the
economic, industrial, educational, community and employment
characteristics of the district, and geographically dispersed to
the extent practical. The terms "faculty" and "classified staff"
as used in said section one and sections two and four of said
article six, shall mean core faculty and classified staff as
defined in subsection (d) of this section. The board of governors shall delegate administrative, policy, and programmatic
control to the administrative heads and institutional boards of
advisors of the community and technical colleges to allow maximum
flexibility and responsiveness to district and community needs
consistent with the goal of sharing facilities, faculty, staff,
equipment and other resources within and among the districts, the
other systems of public and higher education, and other education
and training programs.
(c) Formation of community and technical college districts.
-- The nine community and technical college districts shall be
comprised of contiguous areas of the state which have similar
economic, industrial, educational, community and employment
characteristics to facilitate specialization in mission and
programming. For the purposes of initial implementation and
organization, the districts shall be comprised as follows:
(1) Ohio, Brooke, Hancock, Marshall and Wetzel Counties;
(2) Wood, Jackson, Mason, Pleasants, Ritchie, Roane, Tyler
and Wirt Counties;
(3) Kanawha, Cabell, Fayette, Putnam and Wayne Counties;
(4) Logan, Boone, Lincoln, McDowell, Mingo and Wyoming Counties;
(5) Mercer, Greenbrier, Monroe, Pocahontas, Raleigh and
Summers Counties;
(6) Gilmer, Barbour, Braxton, Calhoun, Clay, Lewis,
Nicholas, Upshur and Webster Counties;
(7) Marion, Doddridge, Harrison, Monongalia, Preston,
Randolph, Taylor and Tucker Counties;
(8) Jefferson, Berkeley and Morgan Counties.
(9) Mineral, Grant, Hampshire, Hardy and Pendleton Counties.
The institutional board of advisors of each community and
technical college shall establish the name of the community and
technical college in consultation with the consortia committee.
Each community and technical college shall have one main campus
in the district and such branches and centers as are reasonable
and necessary to serve the educational and service needs of
communities throughout the district. The main campus, except for
the freestanding community colleges, shall be located on the
campus of an existing state institution of higher education
within the district. The main campus and all branches and
centers and programs shall be identified under the name of the community and technical college for the district and the district
shall be known as the community and technical college district.
Distance learning technology, resource networking and other
cooperative and collaborative efforts shall be used to the
maximum extent prudent and practical to avoid unnecessary
duplication of program development and delivery. The boundaries
of the nine districts may be modified from time to time by the
board of governors upon request of the institutional boards of
advisors of the affected districts to better serve the needs
within the districts. Such modifications are not required to
follow county boundaries.
(d) College level administration and governance. -- The
administrative head of a community and technical college shall be
the president, in the case of the freestanding community and
technical colleges, and the provost of the community and
technical college in the case of all others. Such provost shall
be employed by the president of the state institution of higher
education upon which the main campus of the community and
technical college is located and the provost shall serve at the
will and pleasure of the president. The president shall make the selection of the provost from at least three nominations
submitted to the president by the institutional board of
advisors. The administrative head shall be responsible for
coordination and other administrative arrangements with the host
institution and other duties assigned pursuant to this section.
Each community and technical college shall have one main
campus within the district which shall house its administrative
and business offices. The administrative and business offices
and functions of community and technical colleges, except
freestanding, shall be consolidated with those of the host
institution to the extent practical, except that every community
and technical college shall have a separate vice president for
academic affairs and a separate vice president for development.
The community and technical college shall have a dean at each of
its major branches that are located on the campus of another
state institution of higher education.
Each community and technical college shall have a core
faculty. "Core faculty" means all faculty within the district
employed full-time by the community and technical college. "Core
classified staff" means all classified staff within the district employed full-time by the community and technical college, if
any. To enhance program flexibility and mobility, to enhance
program coordination and delivery in the public schools and to
take advantage of the expertise and experience of persons in
business and industry, community and technical colleges shall
make extensive use of combined courses with four-year colleges
and universities, employ by contract or other arrangements
college and university faculty to teach community and technical
college courses, employ qualified public school teachers as
adjunct professors and employ qualified business, industry and
labor persons as adjunct professors in technical areas.
(e) Community and technical college programs. -- As part of
their mission, each community and technical college shall provide
the following programs which may be offered on or off campus, at
the work site, in the public schools and at other locations at
times that are convenient for the intended population.
(1) Career and technical education certificate, associate of
applied science, and selected associate of science degree
programs for students seeking immediate employment, occupational
development, skill enhancement and career mobility;
(2) Transfer education associate of arts and associate of
science degree programs for students whose educational goal is to
transfer into a baccalaureate degree program;
(3) 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;
(4) Work force training and retraining contract education
with business and industry to train or retrain employees;
(5) Continuing development assistance and education credit
and noncredit courses for professional and self-development,
certification and licensure, literacy training, and to meet other
individual and community needs; and
(6) 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.
All community and technical college programs, courses,
functions, activities and faculty within the district shall be
under the jurisdiction of the community and technical college. All administrative, policy and programmatic control within the
district shall be vested in the administrative head and the
institutional board of advisors of the community and technical
college, subject to rules adopted by the board of governors. The
administrative head and institutional board of advisors shall be
responsible for the regular review, revision, elimination, and
establishment of programs within the district to assure that the
needs of the district for community and technical college
programs are met. The administrative head and institutional
board of advisors shall seek assistance from and utilize a
district consortia committee in fulfilling this responsibility.
(f) District consortia committee. -- The administrative
head of each community college shall form a district consortia
committee which shall include representatives distributed
geographically to the extent practical of the major community
college branches, vocational technical centers, comprehensive
high schools, four-year colleges and universities, community
service or cultural organizations, economic development
organizations, business, industry, labor, elected public
officials, and employment and training programs and offices within the district. The consortia committee shall be chaired by
the vice president for development and shall advise and assist
the administrative head and institutional board of advisors with
the following:
(1) Completing a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short and long term work force development needs of the
district;
(2) Coordinating efforts with regional labor market
information systems that identify the ongoing needs of business
and industry, both current and projected, and provide information
to assist in an informed program of planning and decision-making;
(3) Planning and development of a unified effort to meet the
documented work force 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 educational technologies;
(4) Increasing the integration of secondary and post-
secondary curriculum and programs that are targeted on meeting
regional labor market needs, including the planning and implementation of a comprehensive school-to-work transition
system that helps students focus on career objectives, builds
upon current programs such as high schools that work, tech prep
associate degree programs, registered apprenticeships and
entrepreneurial development, and addresses the needs of at-risk
students and school dropouts;
(5) Planning and implementation of integrated professional
development activities for secondary and post-secondary faculty,
staff and administrators and other consortia partners throughout
the district;
(6) Ensuring that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing
student credentialling;
(7) 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 coursework in which they already possess competency;
(8) 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;
(9) Increasing the integration of adult literacy, adult
basic education, federal job opportunities and basic skills, and
community and technical college programs and services to expedite
the transition of adults from welfare to gainful employment; and
(10) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(g) Implementation process. -- The implementation of the
community and technical college system as set forth in this
article shall be accomplished over a three-year period. Major
program elements shall be accomplished within the following time
frames:
(1) One thousand nine hundred ninety-five--ninety-six.
(i) Form necessary governance structures and make necessary
appointments;
(ii) Form consortia committees and complete a survey of the
educational and training needs of the community college district;
(iii) Establish the information necessary to separately
budget the community college system and community colleges for
fiscal year one thousand nine hundred ninety-six--ninety-seven,
based on uniform cost allocation guidelines established by the
board of governors, including the disposition of tuition fees
pursuant to section three, article twelve-b, chapter eighteen of
this code;
(iv) Establish an ongoing method of providing funding for
appropriate staff from the public schools and the community and
technical college system for personnel and other costs related to
shared facility projects, including recommendations for any
necessary legislative enactments;
(v) Make recommendations to the governor and Legislature as
may be necessary.
(2) One thousand nine hundred ninety-six--ninety-seven.
(i) Begin separate budgeting;
(ii) Begin full operations of the community and technical
colleges and system as provided in this article.
(3) One thousand nine hundred ninety-seven--ninety-eight.
(i) Review and evaluation.
(h) Implementation team. -- There is hereby established an
implementation team to monitor and oversee implementation of the
community and technical college system in accordance with the
provisions of this article. The implementation team shall report
to the governor and the legislative oversight commission on
education accountability no later than the first day of December,
in the years one thousand nine hundred ninety-five, one thousand
nine hundred ninety-six and one thousand nine hundred ninety-
seven on the status of such implementation and any further needs
for legislative enactment. The implementation oversight team
shall be composed of the secretary of education and the arts, one
representative of the public education, one representative of
community and technical colleges, one representative of four-year
colleges, one representative of the private sector, one
representative of employment and training programs, one
representative of vocational-technical-occupational education,
four members of the Senate, and four members of the House of
Delegates, all appointed by the governor. The secretary of
education and the arts shall be responsible for staffing the
implementation oversight team utilizing existing personnel, equipment and offices of the affected agencies.
§18B-3B-2. Freestanding community and technical colleges
continued; tuition and fees; memoranda of
agreements; and joint administrative boards.
(a) Effective the first day of July, one thousand nine
hundred ninety-five, the following institutions are hereby
established or continued as freestanding community and technical
colleges: Southern West Virginia community and technical college
and West Virginia northern community and technical college. Such
freestanding community and technical colleges shall not be
operated as branches or off-campus locations of any other state
institution of higher education.
(b) The board of governors may fix tuition and establish and
set such other fees to be charged students as it deems
appropriate, and shall pay such tuition and fees collected into
a revolving fund for the partial or full support, including the
making of capital improvements, of any community and technical
college. Funds collected at any such community and technical
college may be used only for the benefit of that community and
technical college. The board of governors may also establish
special fees for such purposes as, including, but not limited to, health services, student activities, student recreation,
athletics or any other extracurricular purposes. Such special
fees shall be paid into special funds and used only for the
purposes for which collected.
Moneys collected at a community college component, branch
campus, center or off-campus location of a state institution of
higher education which is subsequently designated as a community
and technical college shall be transferred to and vested in the
successor community and technical college.
(c) The board of governors may allocate funds from the
appropriations for the community and technical college system for
the operation and capital improvement of any community and
technical college and may accept federal grants and funds from
county boards of education, other local governmental bodies,
corporations or persons.
(d) The board of governors may enter into memoranda of
agreements with such governmental bodies, corporations or persons
for the use or acceptance of local facilities and/or the
acceptance of grants or contributions toward the cost of the
acquisition or construction of such facilities. Such local governmental bodies may convey capital improvements, or lease the
same without monetary consideration, to the board of governors
for the use by the community and technical college, and the board
of governors may accept such facilities, or the use or lease
thereof, and grants or contributions for such purposes from such
governmental bodies, the federal government or any corporation or
person.
(e) To facilitate the administration, operation and
financing of programs in shared facilities of the state college
system, the university of West Virginia system or the community
and technical college system and a county board or boards of
education, the affected governing board and county board or
boards of education may appoint a joint administrative board
consisting of such membership and possessing such delegated
authorities as the respective boards deem necessary and prudent
for the operation of such shared facilities. Such joint
administrative board may consist of five members to be appointed
as follows: The county board of education shall appoint two
members in consultation with the county superintendent of
schools; the appropriate governing board shall appoint two members in consultation with the president of the affected state
institution of higher education; and one at-large member, who
shall chair the joint administrative board, shall be appointed by
mutual agreement of the respective boards in consultation with
their superintendent and president. When two or more county
boards of education are participating in such shared program,
such county board appointments shall be made by mutual agreement
of each of the participating county boards in consultation with
their respective superintendents. Members shall serve for
staggered terms of three years. With respect to initial
appointments, one member appointed by the county board or boards
of education and one member appointed by the governing board
shall serve for one year, one member appointed by the county
board or boards of education and one member appointed by the
governing board shall serve for two years, and the at-large
member shall serve for three years. Subsequent appointments
shall be for three years. A member may not serve more than two
consecutive terms. Members shall be reimbursed for reasonable
and necessary expenses actually incurred in the performance of
their duties as board members from funds allocated to the shared facility, except that members who are employed by a board of
education, governing board or state institution of higher
education shall be reimbursed by their employer.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Officers of governing boards; employment of
chancellors and senior administrator; offices.
(a) At its annual meeting in June of each year, each
governing board shall elect from its members appointed by the
governor a president and such other officers as it may deem
necessary or desirable: Provided, That the initial annual
meeting shall be held during July, one thousand nine hundred
eighty-nine. The president and such other officers shall be
elected for a one-year term commencing on the first day of July
following the annual meeting and ending on the thirtieth day of
June of the following year. The president of the board shall
serve no more than two consecutive terms.
(b) Each governing board shall employ a chancellor who shall
serve at the will and pleasure of the employing board and shall
assist the governing board in the performance of its duties and
responsibilities. No chancellor may hold or retain any other administrative position within the system of higher education
while employed as chancellor. Each chancellor is responsible for
carrying out the directives of the governing board by which
employed and shall work with such board in developing policy
options. For the purpose of developing or evaluating policy
options, the chancellors may request the assistance of the
presidents or other administrative head of the institutions under
their jurisdiction and their staffs. The respective chancellors
shall jointly agree to, and shall hire, one senior administrator
who shall serve at their will and pleasure in accordance with
section two of this article.
(c) The director of health shall serve as the vice chancellor
for health affairs, who shall coordinate the West Virginia
university school of medicine, the Marshall university school of
medicine and the West Virginia school of osteopathic medicine.
The vice chancellor for health affairs shall conduct a special
study of the West Virginia university school of medicine, the
Marshall university school of medicine and the West Virginia school of osteopathic medicine to determine the role and mission
of said institutions in the reorganized system of higher
education in the state. The special study shall include, but is
not limited to, coordinating medical education, training and
delivery of health services in the state; preparing nurse
midwives, nurse practitioners, medical technologists and other
members of the allied health professions; and providing for rural
health care. The vice chancellor shall submit a report on said
study to the governor and to the Legislature by the first day of
December, one thousand nine hundred eighty-nine.
(d) Suitable offices for the senior administrator and other
staff shall be provided in Charleston.
(e) For the purposes of this section and section two of this
article, "chancellor" means vice chancellor in the case of the
board of governors.
§18B-4-2. Senior administrator's powers and duties generally.
(a) The senior administrator has a ministerial duty, in
consultation with and under direction of the chancellors, to
perform such functions, tasks and duties as may be necessary to carry out the policy directives of the governing boards and such
other duties as may be prescribed by law.
(b) The senior administrator may employ and discharge, and
shall supervise, such professional, administrative, clerical and
other employees as may be necessary to these duties and shall
delineate staff responsibilities as deemed desirable and
appropriate. The senior administrator shall fix the compensation
and emoluments of such employees: Provided, That effective the
first day of July, one thousand nine hundred ninety, those
employees whose job duties meet criteria listed in the system of
job classifications as stated in article nine of this chapter
shall be accorded the job title, compensation and rights
established in said article as well as all other rights and
privileges accorded classified employees by the provisions of
this code.
(c) The senior administrator shall follow state and national
educational trends and gather data on higher educational needs.
(d) The senior administrator, in accordance with established guidelines and in consultation with and under the direction of
the chancellors, shall administer, oversee or monitor all state
and federal student assistance and support programs administered
on the state level, including those provided for in chapter
eighteen-c of this code.
(e) The senior administrator has a fiduciary responsibility
to administer the tuition and registration fee capital
improvement revenue bond accounts of the governing boards.
(f) The senior administrator shall administer the purchasing
system or systems of the governing boards.
(g) The senior administrator shall be responsible for the
management of the West Virginia network for educational
telecomputing (WVNET). The senior administrator shall establish
a computer policy board, which shall be representative of both
the university system and the college system. It shall be the
responsibility of the computer policy board to recommend to the
secretary of the department of education and the arts policies
for a statewide shared computer system.
(h) Any program or service authorized or required to be
performed by the governing boards and not specifically assigned
to the board of trustees or the board of directors or otherwise
by the provisions of this chapter may be administered by the
senior administrator. Such program or service may include, but
shall not be limited to, telecommunications activities and other
programs and services provided for under grants and contracts
from federal and other external funding sources.
ARTICLE 11. MISCELLANEOUS INSTITUTES AND CENTERS.
§18B-11-5. Institute for instructional technology.
There is hereby created under the authority, supervision and
direction of the governing boards an institute for instructional
technology which shall be located within the higher education
central office. The governing boards shall jointly employ a vice
chancellor for instructional technology to perform such
functions, tasks and duties as may be prescribed by law. The
vice chancellor may employ, discharge, delineate the
responsibilities of and shall supervise, such professional,
administrative, clerical and other employees as may be necessary to perform such duties and shall share resources with the higher
education central office, the state institutions of higher
education and other agencies to the extent practical to avoid
unnecessary duplication of staff and other administrative
efforts.
The vice chancellor for instructional technology shall be
responsible for the development and implementation of a multi
faceted instructional technology strategy that includes, but is
not limited to, a goal that every freshman student beginning in
the fall semester, one thousand nine hundred ninety-six, and
thereafter, and as many other students and faculty as possible
will own or lease a computer: Provided, That a plan for
accomplishing this goal shall be submitted to the Legislature on
or before the first day of January, one thousand nine hundred
ninety-six; integrating computer usage into all course work;
involving faculty in the development and use of technology-based
instruction and instructional courseware for community and
technical colleges, colleges and universities; and expanding distance learning and technology networks throughout the higher
education systems to enhance teaching and learning, promote
access to quality educational offerings with minimum duplication
of effort, increase the delivery of instruction to nontraditional
students, provide services to business and industry, and increase
the management capabilities of the higher education system. In
addition, the vice chancellor shall be the chief administrative
officer for all technology related matters within the department
of education and the arts with authority to require appropriate
integration and compatibility of the technology systems within
the department and in relation to other agencies of state
government and the public schools.
The governing boards are hereby authorized to enter into
research agreements pursuant to article twelve of this chapter
with respect to the institute for instructional technology.
ARTICLE 14. MISCELLANEOUS.
§18B-14-5. Authorization to sell property generally.
Notwithstanding any other provisions of this code to the
contrary, the governing boards are hereby authorized and empowered to sell any surplus real property and deposit the net
proceeds into a special revenue account of the governing board to
be utilized for the purchase of additional real property or
technology, or for capital improvements: Provided, That prior to
such action the appropriate governing board shall have the
property appraised by two licensed appraisers and shall not sell
the property for less than the average of the two appraisals.
NOTE: The purpose of this bill is to refocus and
restructure the state system of higher education to meet the
state statutory goals for post-secondary education adopted in
1993 following the town meetings and committee deliberations of
the Higher Education Advocacy Team. Refocusing includes
developing benchmarks for attainment of the goals and annual
reporting on the progress; requiring the institutions to
strategically focus resources to meet the goals and allowing them
to retain and redirect program savings; and increasing
institutional flexibility and capacity for change through
expedited procedures for review and revision of governing board
and institutional rules, tuition and fee simplification,
retirement and separation incentives, limited waivers for local
governance and general authorization to sell property.
Restructuring includes creating a separate community and
technical college system which is regionally configured and
structured to involve local leadership through consortia of higher education, public education, business, industry, labor,
elected officials, economic development, community service and
cultural organizations, and employment and training programs to
survey community and work force needs within the region and
respond to them through shared facilities, staff, equipment and
other resources; to increase local and community access to post-
secondary education and training for traditional and
nontraditional students, business and industry, and the currently
employed; to increase the integration of secondary and post-
secondary programs; and serve as single points of contact for
access to education and training programs and opportunities
throughout the region.
Restructuring also includes creation of an Institute for
Instructional Technology to integrate the use of computers in all
higher education programs; involve faculty in the development and
use of technology-based instruction and instructional courseware;
expand distance learning and technology networks throughout
higher education; and require appropriate system integration and
compatibility.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§18B-3B-1 and 2 are completely rewritten; therefore,
strike-throughs and underscoring have been omitted.
§§18B-1-1c and 1d; §18B-11-5 and §18B-14-5 are new;
therefore, strike-throughs and underscoring have been omitted.