HB4811 SUB 3-9

ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4811
(By Delegates Mezzatesta, Stemple, Davis, Romine,

Armstead, Williams and Ennis)

(Originating in the House Committee on Finance)

[March 9, 2000]

A BILL to amend and reenact section ten, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section forty- eight, article three, chapter five-a of said code; to amend and reenact section eleven, article three, chapter twelve of said code; to amend and reenact sections one-d, two, three and six, article one, chapter eighteen-b of said code; to amend said article by adding thereto a new section, designated section one-a; to amend said chapter by adding thereto four new articles, designated articles one-a, one-b, two-a and three-f; to amend and reenact articles three-a and three-c of said chapter; to amend and reenact section two, article four of said chapter; to amend said article by adding thereto a new section, designated section eight; to amend and reenact sections three and four, article five of said chapter; to amend and reenact section one, article six of said chapter; to amend said article by adding thereto four new sections, designated sections one-a, two-a, three-a and four-a; to amend and reenact section one, article seven of said chapter; to amend and reenact sections two and ten, article nine of said chapter; to amend and reenact sections one and eight, article ten of said chapter; to amend article fourteen of said chapter by adding thereto two new sections, designated sections eight and nine; and to amend and reenact sections one and eighteen, article three-a, chapter twenty- nine-a of said code, all relating to education; public education; post-secondary education; motor vehicle and travel rules; goals for post-secondary education; retirement and separation incentives; defining terms; compact with higher education; institutional compacts; peer institutions; legislative financing goals; financing; institutional operating budget; additional funding; graduate education; repealing inconsistent and obsolete sections; education policy commission; development of a public policy agenda; composition of commission; terms and qualifications of commission members; vacancies; eligibility for reappointment; oath of office; removal from office; meetings and compensation of commission; powers and duties of commission; chief executive officer; chief of operations; executive director for community colleges and workforce development; executive director for health sciences research and development; institutional presidents; evaluation; implementation team; report cards; statewide master plan; institutional boards of advisors; state advisory councils of faculty, classified staff and students; community and technical college system; essential conditions for community and technical colleges; responsibility districts; presidents; programs; district consortia committee; process for achieving independently accredited community and technical colleges; increasing flexibility; tuition and fees; shared facilities and resources; creating the community and technical college serving the Kanawha valley; statewide task force on teacher quality; and statewide task force on student financial aid.

Be it enacted by the Legislature of West Virginia:

That section ten, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section forty-eight, article three, chapter five-a of said code be amended and reenacted; that section eleven, article three, chapter twelve of said code be amended and reenacted; that sections one-d, two, three and six, article one, chapter eighteen-b of said code be amended and reenacted; that said article be further amended by adding thereto a new section, designated section one-a; that said chapter be further amended by adding thereto four new articles, designated articles one-a, one-b, two-a and three-f; that articles three-a and three-c of said chapter be amended and reenacted; that section two, article four of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section eight; that sections three and four, article five of said chapter be amended and reenacted; that section one, article six of said chapter be amended and reenacted; that said article be further amended by adding thereto four new sections, designated sections one-a, two-a, three-a and four-a; that section one, article seven of said chapter be amended and reenacted; that sections two and ten, article nine of said chapter be amended and reenacted; that sections one and eight, article ten of said chapter be amended and reenacted; that article fourteen of said chapter be amended by adding thereto two new sections, designated sections eight and nine; and that sections one and eighteen, article three-a, chapter twenty-nine-a of said code be amended and reenacted, all to read as follows:
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS,
DEFINITIONS AND LEGAL CAPACITY.
ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION OF

STATUTES; DEFINITIONS.
§2-2-10. Rules for construction of statutes.

The following rules shall be observed in the construction of statutes, unless a different intent on the part of the Legislature be apparent from the context:

(a) A word importing the singular number only may be applied to several persons or things, as well as to one person or thing; a word importing the plural number only may be applied to one person or thing as well as to several; and a word importing the masculine gender only may be applied to females as well as males;

(b) Words purporting to give a joint authority to three or more persons confer such authority upon a majority of them, and not upon any less number;

(c) The words "written" or "in writing" include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. But when the signature of any person is required, it must be in his or her own proper handwriting, or his or her mark, attested, proved or acknowledged: Provided, That unless a provision of this code specifically provides otherwise, an electronic signature satisfies this signature requirement if the electronic signature meets the requirements of subsection (a), section three, article five, chapter thirty-nine of this code;

(d) The words "preceding", "succeeding" or "following" used in reference to any section or sections of a chapter or statute, mean next preceding, next succeeding or next following that in which such reference is made, unless a different interpretation be required by the context;

(e) An officer shall be deemed to have qualified when he or she has done all that is required by law to be done before proceeding to exercise the authority and discharge the duties of his or her office;

(f) The words "the governor" are equivalent to "the executive of the state" or "the person having the executive power";

(g) "Justice" or "justices" as used in article one, chapter fifty-one of this code and in other references to a member or members of the supreme court of appeals shall mean and apply to a judge or the judges of said court as provided for in the constitution of the state. The word "justice" in any other context is equivalent to the words "justice of the peace," and the word "notary" is equivalent to "notary public";

(h) The word "state," when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories;

(i) The word "person" or "whoever" shall include corporations, societies, associations and partnerships, if not restricted by the context;

(j) The words "personal representative" include the executor of a will, the administrator of the estate of a deceased person, the administrator of such estate with the will annexed, the administrator de bonis non of such estate, whether there be a will or not, the sheriff or other officer lawfully charged with the administration of the estate of a deceased person, and every other curator or committee of a decedent's estate for or against whom suits may be brought for causes of action which accrued to or against such decedent;

(k) The word "will" embraces a testament, a codicil, an appointment by will or writing in the nature of a will in exercise of a power, also any other testamentary disposition;

(l) The word "judgment" includes decrees and orders for the payment of money or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment;

(m) The words "under disability" include persons under the age of eighteen years, insane persons, and convicts while confined in the penitentiary;

(n) The words "insane person" include everyone who has mental illness as defined in section two, article one, chapter twenty-seven of this code;

(o) The word "convict" means a person confined in the penitentiary of this or any other state, or of the United States;

(p) The word "land" or "lands" and the words "real estate" or "real property" include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests;

(q) The words "personal estate" or "personal property" include goods, chattels, real and personal, money, credits, investments and the evidences thereof;

(r) The word "property" or "estate" embraces both real and personal estate;

(s) The word "offense" includes every act or omission for which a fine, forfeiture or punishment is imposed by law;

(t) The expression "laws of the state" includes the constitution of the state and the constitution of the United States, and treaties and laws made in pursuance thereof;

(u) The word "town" includes a city, village or town, and the word "council," any body or board, whether composed of one or more branches, who are authorized to make ordinances for the government of a city, town or village;

(v) When a council of a town, city or village, or any board, number of persons or corporations, are authorized to make ordinances, bylaws, rules, regulations or orders, it shall be understood that the same must be consistent with the laws of this state;

(w) The words "county court" include any existing tribunal created in lieu of a county court; the words "commissioner of the county court" and "county commissioner" mean, and have reference to, the commissioners, or one of them, composing the county court, in pursuance of section twenty-two, article eight of the constitution, as amended, or any existing tribunal created in lieu of a county court;

(x) The word "horse" embraces a stallion, a mare and a gelding;

(y) The words "railroad" and "railway" shall be construed by the courts of this state to mean the same thing in law; and, in any proceeding wherein a railroad company or a railway company is a party, it shall not be deemed error to call a railroad company a railway company or vice versa; nor shall any demurrer, plea or any other defense be set up to a motion, pleading or indictment in consequence of such misdescription;

(z) The sectional headings or headlines of the several sections of this code printed in black-faced type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, or as any part of the statute, and, unless expressly so provided, they shall not be so deemed when any of such sections, including the headlines, are amended or reenacted;

(aa) The words "infant" and "minor" mean persons under the age of eighteen years as such words are used in this code or in rules and regulations promulgated by the supreme court of appeals;

(bb) A statute is presumed to be prospective in its operation unless expressly made retrospective;

(cc) Unless there is a provision in a section, article or chapter of this code specifying that the provisions thereof shall not be severable, the provisions of every section, article or chapter of this code, whether enacted before or subsequent to the effective date of this subdivision, shall be severable so that if any provision of any such section, article or chapter is held to be unconstitutional or void, the remaining provisions of such section, article or chapter shall remain valid, unless the court finds the valid provisions are so essentially and inseparably connected with, and so dependent upon, the unconstitutional or void provision that the court cannot presume the Legislature would have enacted the remaining valid provisions without the unconstitutional or void one, or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent: Provided, That if any such section, article or chapter of this code has its own severability clause, then such severability clause shall govern and control with respect to such section, article or chapter in lieu of the provisions of this subdivision. The provisions of this subdivision shall be fully applicable to all future amendments or additions to this code, with like effect as if the provisions of this subdivision were set forth in extenso in every such amendment or addition and were reenacted as a part thereof, unless such amendment or addition contains its own severability clause;

(dd) A reference to any section, article or chapter of this code applies to all reenactments, revisions or amendments thereof;

(ee) If a statute refers to a series of numbers or letters, the first and the last numbers or letters in the series are deemed to be included;

(ff) The words "board of regents," wherever they appear in the code, means the board of trustees created by section one, article one, chapter eighteen-b of this code and the board of directors created by section one, article one, chapter eighteen-b of this code unless the term is used in relation to activities conducted solely by an institution or institutions governed by article two, chapter eighteen-b of this code in which case it only means the board of trustees, or where the term is used in relation to activities conducted solely by an institution or institutions governed by article three, chapter eighteen-b of the code in which case it only means the board of directors.
(ff) The words "board of regents", "board of trustees", and "board of directors" wherever they appear in this code, in the context of higher education governing boards, mean the education policy commission established in section one, article one-b, chapter eighteen-b of this code.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 3. PURCHASING DIVISION.

§5A-3-48. Travel rules; exceptions.

The secretary of administration shall promulgate rules relating to the ownership, purchase, use, storage, maintenance and repair of all motor vehicles and aircraft owned by the state of West Virginia and in the possession of any department, institution or agency thereof: Provided, That the provisions of sections forty-eight through fifty-three of this article ~~shall~~ do not apply to the division of highways of the department of transportation, the division of public safety of the department of military affairs and public safety, the division of natural resources, the division of forestry, the department of agriculture, and the education policy commission and the state institutions of higher education under its jurisdiction: ~~governing boards and their institutions:~~ Provided, however, That the state institutions of higher education ~~governing boards and their institutions~~ shall report annually to the ~~secretary of education and the arts~~ chief executive officer of the education policy commission and the legislative oversight commission on education accountability in a form and manner as required by the ~~secretary of education and the arts~~ chief executive officer. Such report shall include at least the following: The number of vehicles purchased and the purchase price, the number of donated vehicles, and the cost of lease agreements on leased vehicles.

If, in the judgment of the secretary of administration, economy or convenience indicate the expediency thereof, the secretary may require all vehicles and the aircraft subject to regulation by this article, or such of them as he or she may designate, to be kept in such garages, and other places of storage, and to be made available in such manner and under such terms for the official use of such departments, institutions, agencies, officers, agents and employees of the state as the secretary may designate by any such rule as he or she may from time to time promulgate. The secretary also has the authority to administer the travel regulations promulgated by the governor in accordance with section eleven, article three, chapter twelve of this code, unless otherwise determined by the governor.

Provisions of this section relating to the governing boards of higher education and the institutions under their jurisdiction shall expire on the first day of July, two thousand one, unless the continuation thereof is authorized by the legislative oversight commission on education accountability.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-11. Travel expenses; rules to be promulgated concerning

same; dues to voluntary organizations; recruitment expenses for the higher education policy commission; moving expenses of employees of the higher education policy commission.

The governor shall promulgate rules and regulations concerning out-of-state travel by state officials and employees, except those in the legislative and judicial branches of the state government and except for the attorney general, auditor, secretary of state, treasurer, board of investments, commissioner of agriculture and their employees, ~~and~~ the education policy commission, and the ~~higher education governing boards and~~ institutions under ~~their~~ its jurisdiction. The Legislature, the supreme court of appeals and the attorney general, auditor, secretary of state, treasurer, board of investments, commissioner of agriculture, and ~~the higher education governing boards~~ education policy commission shall promulgate rules and regulations concerning out-of-state travel for their respective branches and departments of state government. Copies of such rules and regulations shall be filed with the auditor, and the secretary of state. It ~~shall be~~ is unlawful for the auditor to issue a warrant in payment of any claim for out-of-state travel expenses incurred by a state officer or employee unless such claim meets all the requirements of the rules and regulations so filed.

Payment for dues or membership in annual or other voluntary organizations shall be made from the proper item or appropriation after an itemized schedule of such organizations, together with the amount of such dues or membership, has been submitted to the budget director and approved by the governor.

It ~~shall be~~ is lawful for ~~a higher education governing board~~ the education policy commission to authorize the payment of traveling expenses incurred by any person invited to visit the campus of any state institution of higher education or any other facility under control of the ~~board~~ policy commission to be interviewed concerning his or her possible employment by the ~~board~~ policy commission or agent thereof.

It ~~shall be~~ is lawful for ~~a higher education governing board~~ the education policy commission to authorize payment of: (1) All or part of the reasonable expense incurred by a person newly employed by the ~~board~~ policy commission in moving his or her household furniture, effects and immediate family to his or her place of employment; and (2) all or part of the reasonable expense incurred by an employee of the ~~board~~ policy commission in moving his or her household furniture, effects and immediate family as a result of a reassignment of the employee which is considered desirable, advantageous to and in the best interest of the state: Provided, That no part of the moving expenses of any one such employee ~~shall~~ may be paid more frequently than once in twelve months.

Provisions of this section relating to the governing boards of higher education and the institutions under their control shall expire on the first day of July, two thousand one, unless the continuation thereof is authorized by the legislative oversight commission on education accountability.
CHAPTER 18B. HIGHER EDUCATION

ARTICLE 1. GOVERNANCE.

18B-1-1a. Goals for post-secondary education.

(a) Findings. - The Legislature finds that post-secondary education is vital to the future of West Virginia. For the state to realize its considerable potential in the twenty-first century, it must have a system for the delivery of post-secondary education which is competitive in the changing national and global environment, is affordable within the state's fiscal constraints, is economical for the state's residents, and has the capacity to deliver the programs and services necessary to meet regional and statewide needs.

(1) West Virginia leads a national trend toward an aging population; thus a declining percentage of working-age adults will be expected to support a growing percentage of retirees. Public school enrollments statewide have declined and will continue to do so for the foreseeable future with a few notable exceptions in growing areas of the state. As the state works to expand and diversify its economy, it is vitally important that young people entering the workforce from our education systems have the knowledge and skills to succeed in the economy of the twenty-first century. It is equally important that working-age adults, who are the large majority of the current and potential workforce, also possess the requisite knowledge and skills and the opportunity to continue learning throughout their lifetimes. The reality for West Virginia is that its future rests not only on how well its youth are educated, but also on how well it educates the entire population.

(2) Post-secondary education is changing throughout the nation. Place-bound adults, employers and communities are demanding that education and student services be accessible at any time, at any place and at any pace. Institutions are seizing the opportunity to provide academic content and support services on a global scale by designing new courseware, increasing information technology-based delivery, increasing access to library and other information resources, and developing new methods to assess student competency rather than "seat time" as the basis for recognizing learning, allocating resources and ensuring accountability. In this changing environment, the state must take into account the continuing decline in the public school-age population, the limits of its fiscal resources and the imperative need to serve the educational needs of working-age adults. West Virginia can not afford to finance quality higher education systems that aspire to offer a full array of traditional programs and services while competing among themselves for a dwindling pool of traditional applicants. The competitive position of the state and its institutions will depend fundamentally on its capacity to reinforce the quality and differentiation of its institutions through policies that encourage focus and collaboration.

(3) The current accountability system is exceptionally complicated and largely defines accountability in terms of institutional procedures. It also is not well equipped to address crosscutting issues such as regional economic and workforce development, community and technical college services, collaboration with the public schools to improve quality and student participation rates, access to graduate education, and other broad issues of state interest. Severe fiscal constraints require West Virginia to make maximum use of existing resources to meet new demands. New investments must be targeted to those initiatives designed to enhance and reorient existing capacity, provide incentives for brokering and collaboration, and focus on the new demands. It must have a single accountability point for developing and building consensus around, and sustaining attention to, the public policy agenda, and for allocating resources consistent with this policy agenda.

(4) The state should make the best use of the expertise that private institutions of higher education, vocational and technical programs and private proprietary schools can offer, and recognize the importance of their contributions to the economic, social and cultural well-being of their communities.

(b) Compact with higher education. - In pursuance of these findings, it is the intent of the Legislature to engage higher education in a statewide compact for the future of West Virginia, as provided in article one-a of this chapter, that focuses on a public policy agenda established by the education policy commission that includes, but is not limited to, the following:

(1) Diversifying and expanding the economy of the state;

(2) Increasing the competitiveness of the state's workforce and the availability of professional expertise by increasing the number of college degrees produced to the level of the national average, and significantly improving the level of adult functional literacy; and

(3) Creating a system of higher education that is equipped to succeed at producing the results outlined in this subsection.

(c) Elements of the compact with higher education. - It is the intent of the Legislature that the compact with higher education include the following elements:

(1) A step-by-step process, as provided in articles one-b, three-c and three-f of this chapter, that will enable the state to achieve its public policy agenda through a system of higher education equipped to assist in producing the needed results. This process includes, but is not limited to, separate institutional compacts with state institutions of higher education that describe changes in institutional missions in the areas of research, graduate education, admission standards, community and technical college education, and geographic areas of responsibility to accomplish the following:

(A) A capacity within higher education to conduct research to enhance West Virginia in the eyes of the larger economic and educational community and to provide a basis for West Virginia's improved capacity to compete in the new economy through research oriented to state needs;

(B) Access to graduate level programs in every region of the state, particularly in teacher education related to teaching within a subject area to improve teacher quality;

(C) Universities and colleges that have focused missions, their own points of distinction and quality, and strong links with the educational, economic, and social revitalization of their regions and the state of West Virginia;

(D) Greater access and capacity to deliver technical education, workforce development and other higher education services to place-bound adults, thus improving the general levels of post-secondary education attainment and literacy;

(E) Independently-accredited community and technical colleges in every region of the state, to the extent possible, that: (i) Assess regional needs; (ii) ensure access to comprehensive community and technical college and workforce development services within each of their respective regions; (iii) convene and act as a catalyst for local action in collaboration with regional leaders, employers and other educational institutions; (iv) provide and, as necessary, broker educational services; (v) provide necessary student services; (vi) fulfill such other aspects of the community and technical college mission and general provisions for community and technical colleges as provided for in article three-c of this chapter; and (vii) make maximum use of existing infrastructure and resources within their regions to increase access, including, but not limited to, vocational technical centers, schools, libraries, industrial parks, and work sites;

(2) Providing additional resources, subject to availability and appropriation by the Legislature, as provided in article one-a of this chapter, to make the state institutions of higher education more competitive with their public peers, assist them in accomplishing the elements of the public policy agenda, and ensure the continuity of academic programs and services to students;

(3) Establishing a process for the allocation of additional resources which focuses on achieving the elements of the public policy agenda and streamlines accountability for the step-by-step progress toward achieving these elements within a reasonable time frame as provided in article one-a of this chapter;

(4) Providing additional flexibility to the state institutions of higher education by making permanent the exceptions granted to higher education relating to travel rules and vehicles pursuant to sections forty-eight through fifty- three, article three, chapter five-a of this code, and section eleven, article three, chapter twelve of this code;

(5) Revising the higher education governance structure to make it more responsive to state and regional needs; and

(6) Any other elements that may be established by the education policy commission.

(d) General goals for post-secondary education. - In pursuance of the findings and the development of institutional compacts with higher education for the future of West Virginia pursuant to article one-a of this chapter, it is the intent of the Legislature to establish general goals for post-secondary education and to have the policy commission report the progress toward achieving these goals in the higher education report card required pursuant to section seven, article one-b of this chapter and where applicable, made a part of the institutional compacts. The Legislature establishes the general goals as follows:

(1) The overall focus of education should be on a lifelong process as seamless as possible at all levels and is to encourage citizens of all ages to increase their knowledge and skills. Efforts in pursuit of this goal include, but are not limited to, the following:

(A) Collaboration, coordination and interaction between public and post-secondary education to: (i) Improve the quality of public education, particularly with respect to ensuring that the needs of public schools for teachers and administrators are met; (ii) inform public school students at the earliest possible age, and their parents and teachers, of the academic preparation that students need to be prepared adequately to succeed in their selected fields of study and career plans for post-secondary education, including college and careers; and (iii) improve instructional programs in the public schools so that the students enrolling in post-secondary education are adequately prepared;

(B) Collaboration, coordination and interaction between public and private post-secondary education, proprietary schools, workforce investment boards, the governor's council on literacy and the state human resources investment council to promote the effective and efficient utilization of workforce investment and other funds to: (i) Provide greatly improved access to information and services for individuals and employers on education and training programs, financial assistance, labor markets and job placement; (ii) increase awareness among the state's citizens of the opportunities available to them to improve their basic literacy, workforce and post-secondary skills and credentials; and (iii) help improve their motivation to take advantage of available opportunities by making the system more seamless and user friendly;

(C) Collaboration, coordination and interaction between public and post-secondary education on the development of seamless curriculum in technical preparation programs of study between the secondary and post-secondary levels; and

(D) Opportunities for advanced high school students to obtain college credit prior to high school graduation.

(2) The number of degrees produced per capita by West Virginia institutions of higher education should be at the national average and reasonably aligned with opportunities for employment and state labor force needs. Efforts in pursuit of this goal include, but are not limited to, the following:

(A) Collaboration, coordination and interaction between public and post-secondary education, the governor's council on literacy and the state human resources investment council to promote to individuals of all ages the benefits of increased post-secondary education attainment;

(B) Assistance in overcoming the financial barriers to post-secondary education for both traditional and nontraditional students;

(C) An environment within post-secondary education that is student-friendly and that encourages and assists students in the completion of degree requirements within a reasonable time frame. The environment also should expand participation for the increasingly diverse student population;

(D) A spirit of entrepreneurship and flexibility within post-secondary education that is responsive to the needs of the current workforce and other nontraditional students for upgrading and retraining college-level skills; and

(E) The expanded use of technology for instructional delivery and distance learning.

(3) All West Virginians, whether traditional or nontraditional students, displaced workers or those currently employed, should have access to post-secondary education opportunities through their community and technical colleges, colleges and universities which: (i) Are relevant and affordable; (ii) allow them to gain transferrable credits and associate or higher level degrees; (iii) provide quality technical education and skill training; and (iv) are responsive to business, industry, labor and community needs.

(4) State institutions of higher education should prepare students to practice good citizenship and to compete in a global economy for well-paying jobs, which may require an advanced level of education and skills that surpasses former requirements. Efforts in pursuit of this goal include, but are not limited to, the following:

(A) The development of entrepreneurial skills, through programs such as the rural entrepreneurship through action learning (REAL) program, which includes practical experience in market analysis, business plan development and operations;

(B) Elements of citizenship development are included across the curriculum in core areas, including practical applications such as community service, civic involvement and participation in charitable organizations, and in the many opportunities for the responsible exercise of citizenship that higher education institutions provide;

(C) Students are provided opportunities for internships, externships, work study and other methods to increase their knowledge and skills through practical application in a work environment;

(D) College graduates 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;

(E) College graduates meet or exceed national and international standards for performance in their fields through national accreditation of programs and through outcomes assessment of graduates; and

(F) Admission and exit standards for students, professional staff development, program assessment and evaluation, and other incentives are used to improve teaching and learning.

(5) State institutions of higher education exceed peer institutions in other states in measures of institutional productivity and administrative efficiency. Efforts in pursuit of this goal include, but are not limited to:

(A) The establishment of systematic ongoing mechanisms for each state institution of higher education to set goals, to measure the extent to which those goals are met and to use the results of quantitative evaluation processes to improve institutional effectiveness;

(B) The combination and use of resources, technology and faculty to their maximum potential in a way that makes West Virginia higher education more productive than its peer institutions in other states while maintaining educational quality; and

(C) The use of systemic program review to determine how much duplication is necessary to maintain geographic access and to eliminate unnecessary duplication.

(6) Post-secondary education enhances state efforts to diversify and expand the economy of the state. Efforts in pursuit of this goal include, but are not limited to the following:

(A) The focus of resources on programs and courses that offer the greatest opportunities for students and the greatest opportunity for job creation and retention in the state;

(B) The focus of resources on programs supportive of West Virginia employment opportunities and the emerging high- technology industries;

(C) Closer linkages among higher education and business, labor, government, and community and economic development organizations; and

(D) Clarification of institutional missions and shifting of resources to programs that meet the current and future workforce needs of the state.

(7) Faculty, staff and administrators are compensated on a competitive level with peer institutions to attract and keep quality personnel at state institutions of higher education.

(8) The tuition and fee levels for in-state students are competitive with those of peer institutions and the tuition and fee levels for out-of-state students are set at a level which at the least covers the full cost of instruction.
§18B-1-1d. Retirement and separation incentives.

(a) ~~Retirement and separation incentives.~~ Notwithstanding any other provision of this code to the contrary, each state institution of higher education may include in ~~their~~ its strategic plans pursuant to section one-c of this article, policies that offer various incentives for voluntary, early or phased retirement of employees, or voluntary separation from employment when necessary to implement programmatic changes effectively pursuant to the findings, directives, goals and objectives of this article: Provided, That any incentives for voluntary, early or phased retirement of employees, or voluntary separation from employment, must be submitted by the ~~governing board~~ policy commission to the legislative joint committee on pensions and retirement and approved before ~~such~~ the policies are adopted as part of the institution's strategic plan.

(b) Effective the first day of July, two thousand, each state institution of higher education may implement, under its institutional compact created pursuant to article one-a of this chapter, policies that offer various incentives for voluntary, early or phased retirement of employees, or voluntary separation from employment, when necessary to implement programmatic changes effectively: Provided, That the institution shall first meet all the requirements, including the requirement for obtaining legislative approval, set forth in this section.

(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 employee's resignation or retirement and a reduction in the employee's 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 employee's retirement plan during a phased retirement period; and

(5) That an employee retiring pursuant to an early or phased retirement plan may begin collecting an annuity from the employee's retirement plan prior to the statutorily designated retirement date without terminating ~~their~~ his or her service with the institution.

(d) No incentive provided for in this section ~~shall~~ may be granted except in furtherance of programmatic changes undertaken pursuant to the findings, directives, goals and objectives set forth in this article.

No incentive proposed by an institution pursuant to this section ~~shall~~ may become a part of the institution's approved strategic plan or institutional compact or be implemented without approval of the legislative joint committee on pensions and retirement.

Any costs associated with any incentive adopted or implemented in accordance with this section shall be borne entirely by the institutions and no incentive ~~shall~~ may 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 institutions.

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 institutions to be in furtherance of the aims of this section and nothing herein ~~shall~~ may be interpreted as granting a right or entitlement of any such incentive to any individual or group of individuals. Any employee granted incentives ~~shall be~~ is ineligible for reemployment by the institutions during or after the negotiated period of ~~their~~ his or her incentive concludes, including contract employment in excess of five thousand dollars per fiscal year.

(e) The West Virginia network for educational telecomputing may utilize the incentives contained in any policy approved by the legislative joint committee on pensions and retirement pursuant to this section.

~~(b)~~ ~~Pilot flexibility initiative.~~ -- The board of directors is directed to submit a plan for a pilot flexibility initiative to the legislative oversight commission on education accountability on or before the first day of October, one thousand nine hundred ninety-five. The plan shall include at least the following: (1) A system whereby the state institutions of higher education in the state college system may apply to the board of directors for a waiver of board policies and rules; (2) a detailed application for institutions seeking to participate in the pilot flexibility initiative which shall set forth at a minimum: (I) A statement of the specific goals and objectives that the institution proposes to accomplish if the application is approved; (ii) the specific board policies and rules which the institution seeks to have waived for all or a portion of the waiver period; and (iii) proposed rules and policies under which the institution would operate during the period of waiver; (3) the process by which the board of directors will review the application; (4) the person or body who shall have the final authority to approve the application of not more than two institutions; (5) the time period for which the waiver will be granted; (6) the specific board policies and rules which the institution may request to have waived; (7) the process by which the rules and policies of the institutions participating in the pilot flexibility initiative may modify its rules and policies; and (8) the person or body to whom the institutions shall be reporting during the period of waiver.
(c) It is the intent of this Legislature to review the pilot flexibility plan and after such review to establish a pilot flexibility initiative in the legislative session of one thousand nine hundred ninety-six.
§18B-1-2. Definitions.

The following words when used in this chapter and chapter eighteen-c of this code ~~shall~~ have the meaning ~~hereinafter~~ ascribed to them unless the context clearly indicates a different meaning:

(a) "Governing board" or "board" means the education policy commission established in article one-b of this chapter university of West Virginia board of trustees or the board of directors of the state college system, whichever is applicable within the context of the institution or institutions referred to in this chapter or in other provisions of law;

~~(b)"Governing boards" or "boards" means both the board of trustees and the board of directors;~~
~~(c)~~(b) "Freestanding community and technical colleges" means southern West Virginia community and technical college, ~~and~~ West Virginia northern community and technical college, and eastern West Virginia community and technical college, which ~~shall~~ may not be operated as branches or off-campus locations of any other state institution of higher education;

~~(d)~~(c) "Community college" ~~or "community colleges"~~ means community and technical college ~~or colleges as those terms are~~ as that phrase is defined in this section;

~~(e)~~(d) "Community and technical college", in the singular or plural, means the freestanding community and technical colleges, community and technical education programs of regional campuses of West Virginia university and ~~divisions of~~ other state institutions of higher education that have defined community and technical college missions and districts ~~and offer community and technical college education~~ in accordance with the provisions of ~~sections three-a, article three of this chapter~~ sections seven and eight, article three-c of this chapter;

(e) "Independently-accredited community and technical college", in the singular or plural, means the freestanding community and technical colleges and other state institutions of higher education that have received independent accreditation from the commission on institutions of higher education of the north central association of college and schools (NCA) reflecting external validation of a community and technical college mission. Only those institutions that have included a strategy and measurable benchmarks for moving towards independently-accredited community and technical college status in their institutional compact shall be considered for enhancement funding under section five, article one-a of this chapter;

(f) "Component community colleges" or those community and technical colleges that do not include a strategy for independent-accreditation status in their institutional compacts, means institutions that provide community college services, including the granting of associate degrees, workforce development services, remedial education, and a range of services which do not fulfill the essential conditions of an independently-accredited community and technical college;

~~(f)~~ (g) "Community and technical college education" means the programs, faculty, administration and funding associated with the mission of community and technical colleges as provided in article three-c of this chapter section three-a, article three of this chapter and also shall include post-secondary vocational education programs in the state as those terms are defined in this section; Community and technical college education shall be delivered through a system which includes eleven community and technical college districts assigned to state institutions of higher education under the jurisdiction of the board of directors and the board of trustees, respectively;

~~(g)~~ (h) "Directors" or "board of directors" means the education policy commission established in article one-b of this chapter ~~board of directors of the state college system created pursuant to article three of this chapter or the members thereof~~;

(i) "Essential conditions" means those conditions which shall be met by independently accredited community and technical colleges as provided in section three, article three-c of this chapter;

~~(h)~~ (j) "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;

(k) "Education policy commission", "policy commission" or "commission" means the commission created pursuant to section one, article one-b of this chapter;

(l) "Institutional operating budget", or "operating budget", for any fiscal year, means an institution's total unrestricted education and general funding from all sources in a prior fiscal year, including but not limited to, tuition and fees and legislative appropriation, and any adjustments to that funding as approved by the commission based on comparisons with peer institutions or to reflect consistent components of peer operating budgets;

(m) "Enhancement account" means either or both of two accounts entitled "Independently-accredited community and technical college development account" or "Peer equity enhancement account" created pursuant to section five, article one-a of this chapter;

~~(i)~~ (n) "Post-secondary vocational education programs" means any college-level course or program beyond the high school level provided through an institution of higher education under the jurisdiction of the education policy commission, which results in or may result in the awarding of a two-year associate degree ~~under the jurisdiction of the board of directors~~;

~~(j)~~ (o) "Rule" ~~or "rules"~~ means a any regulation, standard, policy or interpretation of general application and future effect as defined in section two, article one, chapter twenty-nine-a of this code;

~~(k)~~ (p) "Senior administrator" means the ~~person~~ chief of operations employed by the ~~governing boards~~ chief executive officer in accordance with section ~~one~~ two, article four of this chapter. The chief of operations shall assume all the powers and duties that are assigned by law to the senior administrator ~~with powers and duties as may be provided for in section two of said article~~;

~~(l)~~ (q) "State college" means Bluefield state college, Concord college, Fairmont state college, Glenville state college, Shepherd college, West Liberty state college or West Virginia state college;

(m) "State college system" means the state colleges and community and technical colleges, and also shall includes post-secondary vocational education programs in the state as those terms are defined in this section;
(n) "State college system community and technical colleges" means the freestanding community and technical colleges and community and technical colleges operated on the campuses of state colleges under the jurisdiction of the board of directors of the state college system and all of their associated branches, centers and off-campus locations;
~~(o)~~ (r) "State institution of higher education" means any university, college or community and technical college under the jurisdiction of the education policy commission as that term is defined in this section ~~in the state university system or the state college system as those terms are defined in this section~~;

~~(p)~~ (s) "Trustees" and "board of trustees" means the education policy commission established in article one-b of this chapter ~~university of West Virginia board of trustees created pursuant to article two of this chapter or the members thereof~~;

(q) "University", "university of West Virginia" and "state university system" means the multicampus, integrated university of the state, consisting of West Virginia university, including West Virginia university at Parkersburg, Potomac state college of West Virginia university, West Virginia university institute of technology and the West Virginia university school of medicine; Marshall university, including the Marshall university school of medicine, and the Marshall university community and technical college, the Marshall university graduate college; and the West Virginia school of osteopathic medicine;
(r) "University system community and technical colleges" means Marshall university community and technical college, community and technical education programs at West Virginia university at Parkersburg, community and technical education programs at Potomac state college of West Virginia university and West Virginia university institute of technology community and technical college under the jurisdiction of the university of West Virginia board of trustees and all their associated branches, centers and off-campus locations;
~~(s)~~ (t) "Regional campus" means West Virginia university at Parkersburg, Potomac state college of West Virginia university, and West Virginia university institute of technology; The chief executive officer of a regional campus shall be known as "campus president", shall serve at the will and pleasure of the president of West Virginia university, and shall report to the president of West Virginia university or his or her designee in the method specified by West Virginia university. The board of advisors for West Virginia university established pursuant to section one, article six of this chapter shall serve as the advisory board for West Virginia university and its regional campuses. The advisory boards previously appointed for each regional campus shall be known as "boards of visitors" and shall provide guidance to the regional campus presidents. Each regional campus shall adopt separate strategic plans required by section one-c of this article; and
~~(t)~~ (u) The advisory board previously appointed for the West Virginia graduate college shall be known as the "board of visitors" and shall provide guidance to the Marshall university graduate college;

(v) "Institutional Compact" means a compact between a state institution of higher education and the commission, as described in section two article one-a of this chapter;

(w) "Peer Institutions", "Peer Group" or "Peers" means public institutions used for comparison purposes and selected by the commission pursuant to section three, article one-a of this chapter;

(x) "Broker" or the act of "brokering" means serving as an agent on behalf of students, employers, communities, or responsibility areas to obtain educational services not offered by a sponsoring institution. These services include courses, degree programs, or other services contracted through an agreement with a provider of educational services either in-state or out-of-state;

(y) "Collaboration" means entering into an agreement with one or more providers of educational services in order to enhance the scope, quality, or efficiency of educational services; and

(z) "Incentive account" means either or both of two accounts entitled "Research Challenge Account" or "Incentive Account for Institutional Contributions to State Priorities" created pursuant to section five, article one-a of this chapter.

§18B-1-3. Transfer of powers, duties, property, obligations, etc., of prior governing boards to the education policy commission.

(a) All powers, duties and authorities transferred to the board of regents pursuant to former provisions of chapter eighteen of this code ~~are hereby~~ ,and transferred to the board of trustees and board of directors which were created as the governing boards pursuant to the former provisions of this chapter, and all powers, duties and authorities of the board of trustees and board of directors to the extent they are in effect on the effective date of this section, are hereby transferred to the education policy commission created in section one, article one-b of this chapter and shall be exercised and performed by the ~~governing boards~~ education policy commission as such powers, duties and authorities may apply to ~~each governing board~~ the education policy commission and to institutions under its jurisdiction.

(b) Title to all property previously transferred to or vested in the board of ~~regents~~ trustees and the board of directors and property vested in either of the boards separately, formerly existing under the provisions of chapter ~~eighteen~~ eighteen-b of this code are hereby transferred to ~~such governing board as those titles may apply to property which is appropriately under the jurisdiction of that governing board~~ the education policy commission created in section one, article one-b of this chapter. Property transferred to or vested in the board of ~~regents~~ trustees and board of directors shall include: (1) All property vested in the board of governors of West Virginia University and transferred to and vested in the West Virginia board of regents; (2) all property acquired in the name of the state board of control or the West Virginia board of education and used by or for the state colleges and universities and transferred to and vested in the West Virginia board of regents; ~~and~~ (3) all property acquired in the name of the state commission on higher education and transferred to and vested in the West Virginia board of regents; and (4) all property acquired in the name of the board of regents and transferred to and vested in the respective board of trustees and board of directors.

(c) Each valid agreement and obligation previously transferred to or vested in the board of ~~regents~~ trustees and board of directors formerly existing under the provisions of chapter ~~eighteen~~ eighteen-b of this code is hereby transferred to the ~~governing boards as those agreements and obligations may apply to each governing board and to institutions under its jurisdiction~~ education policy commission created in section one, article one-b of this chapter and to the institutions under its jurisdiction. Valid agreements and obligations transferred to the board of ~~regents~~ trustees and board of directors shall include: (1) Each valid agreement and obligation of the board of governors of West Virginia University transferred to and deemed the agreement and obligation of the West Virginia board of regents; (2) each valid agreement and obligation of the state board of education with respect to the state colleges and universities transferred to and deemed the agreement and obligation of the West Virginia board of regents; ~~and~~ (3) each valid agreement and obligation of the state commission on higher education transferred to and deemed the agreement and obligation of the West Virginia board of regents; and (4) each valid agreement and obligation of the board of regents transferred to and deemed the agreement and obligation of the respective board of trustees and board of directors.

(d) All orders, resolutions and rules adopted or promulgated by the board of ~~regents respective~~ trustees and board of directors and in effect immediately prior to the first day of July, ~~one thousand nine hundred eighty-nine~~ two thousand, are hereby transferred to the ~~governing boards as those orders, resolutions and rules may apply to each governing board~~ education policy commission and to institutions under its jurisdiction and shall continue in effect and shall be deemed the orders, resolutions and rules of the ~~respecting governing boards~~ education policy commission until rescinded, revised, altered or amended by the ~~appropriate governing board~~ education policy commission in the manner and to the extent authorized and permitted by law. Such orders, resolutions and rules shall include: (1) Those adopted or promulgated by the board of governors of West Virginia University and in effect immediately prior to the first day of July, one thousand nine hundred sixty-nine, unless and until rescinded, revised, altered or amended by the board of regents in the manner and to the extent authorized and permitted by law; (2) those respecting state colleges and universities adopted or promulgated by the West Virginia board of education and in effect immediately prior to the first day of July, one thousand nine hundred sixty-nine, unless and until rescinded, revised, altered or amended by the board of regents in the manner and to the extent authorized and permitted by law; ~~and~~ (3) those adopted or promulgated by the state commission on higher education and in effect immediately prior to the first day of July, one thousand nine hundred sixty- nine, unless and until rescinded, revised, altered or amended by the board of regents in the manner and to the extent authorized and permitted by law; and (4) those adopted or promulgated by the board of regents prior to the first day of July, one thousand nine hundred eighty-nine, unless and until rescinded, revised, altered or amended by the respective board of trustees and board of directors in the manner and to the extent authorized and permitted by law.

(e) As to any title, agreement, obligation, order, resolution, rule or any other matter about which there is some uncertainty, misunderstanding or question, ~~regarding the applicability to one or both of the governing boards,~~ the matter shall be summarized in writing and sent to the ~~secretary of education and the arts~~ education policy commission, who shall make a determination regarding such matter within thirty days of receipt thereof.

(f) Rules or provisions of law which refer to other provisions of law which were repealed, rendered inoperative, or superseded by the provisions of this section shall remain in full force and effect to such extent as may still be applicable to higher education and may be so interpreted. Such references include, but are not limited to, references to sections and prior enactments of article twenty-six, chapter eighteen of this code and code provisions relating to retirement, health insurance, grievance procedures, purchasing, student loans and savings plans. Any determination which needs to be made regarding applicability of any provision of law shall first be made by the ~~secretary of education and the arts~~ education policy commission.

§18B-1-6. Rule making.

The ~~university of West Virginia board of trustees and the board of directors of the state college system are~~ chief executive officer of the education policy commission is hereby empowered to promulgate, adopt, amend or repeal rules, subject to the approval of the ~~secretary of education and the arts~~ education policy commission, in accordance with the provisions of article three-a, chapter twenty-nine-a of this code, as ~~they~~ he or she may deem necessary and convenient to ensure the full implementation of ~~their~~ his or her powers and duties. ~~Each governing board~~ The chief executive officer shall file a copy of any rule it he or she proposes to promulgate, adopt, amend or repeal under the authority of this article with the legislative oversight commission on education accountability created in said article three-a, chapter twenty-nine-a of this code.

Nothing in this section ~~shall~~ may be construed to apply to any rule promulgated or adopted by a state institution of higher education.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST VIRGINIA.

§18B-1A-1. Purpose of article; legislative findings and intent.

The purpose of this article is to establish a compact with higher education for the future of West Virginia. The Legislature recognizes both the progress achieved thus far through the higher education strategic planning process established pursuant to section one-c, article one of this chapter, and the short falls. West Virginia long has recognized the value of education and, on a per capita income basis, invests more to support education than most other states. Based on its findings, the Legislature recognizes that because of a combination of state and national demographic and economic factors, and emerging changes in higher education delivery systems, it is in the best interests of both the state and the state's higher education system to begin a process that will strengthen their capacity, over the long term, to provide the services of higher education so valued by the citizens of the state and so essential to the state's economic vitality. The compact with higher education for the future of West Virginia is intended to encourage continued progress toward achieving the state's goals for higher education and to provide incentives for change. The changes include strengthening the capacity of the higher education system and institutions to serve regional and state needs and responding to the challenges of growing national and global competition in higher education delivery systems. It is the intent of the Legislature that legislative appropriations for higher education for fiscal year two thousand two and thereafter, may be made in accordance with this article and the strategies, policies, time lines and benchmarks for accomplishing the goals of the compact over a six year period: Provided, That nothing in this article requires any specific level of appropriation by the Legislature.

§18B-1A-2. Institutional compacts with state institutions of higher education; establishment and review process; determination of account allocations.

(a) The president of each institution of higher education, in consultation with the institutional board of advisors, shall prepare an institutional compact for submission to the commission. When the process herein provided is completed, the institutional compacts shall form the agreement between the institutions of higher education and the commission, and, ultimately, between the institutions of higher education and the people of West Virginia, on how the institutions will use their resources to address the intent of the Legislature and the goals set forth in section one-a, article one of this chapter. The compacts shall contain the following:

(1) A step-by-step process to accomplish the intent of the Legislature and the goals set forth in section one-a, article one of this chapter as organized by the commission. The step-by-step process shall be delineated by objectives and shall set forth a time line for achieving the objectives which shall, where applicable, include benchmarks to measure institutional progress as defined in subsection (e) of this section;

(2) A determination of the mission of the institution which specifically addresses changes, as applicable, in the areas of research, graduate education, baccalaureate education, revised admission requirements, community and technical colleges and any other areas as the commission determines appropriate. In the determination of mission, the institutions and the commission shall consider provisions of this article, article one-b and article three-c of this chapter and the report completed by the national center for higher education management systems pursuant to the legislative study as provided in section seven, article three of this chapter;

(3) A plan which is calculated to make any changes in institutional mission and structure within a six-year period;

(4) Where applicable, a statement of the geographic areas of responsibility for each goal to be accomplished as provided in subsection (d) of this section;

(5) A detailed statement of how the compact is aligned with and will be implemented in conjunction with the master plan of the institution; and

(6) Any other items, requirements or initiatives, required by the commission, designed to accomplish the intent of the Legislature and the goals set forth in section one-a, article one of this chapter, or other public policy goals established by the commission.

(b) Each institutional compact shall be updated annually and shall follow the same general guidelines contained in subsection (a)of this section.

(1) The ultimate responsibility for developing and updating the institutional compacts at the institutional level resides with the president in consultation with the institutional board of advisors;

(2) The ultimate responsibility for developing and adopting the final version of the institutional compacts resides with the commission;

(3) The initial institutional compacts shall be submitted to the commission by the institution president on or before the first day of February, two thousand one, and the annual updates shall be submitted on or before the first day of February of each succeeding year;

(4) The commission shall review the initial institutional compacts and the annual updates and either shall adopt the institutional compact or return it with specific comments for change or improvement. The commission shall continue this process as long as it considers advisable;

(5) On or after the first day of May of each year, if the institutional compact of any institution as presented by that institution is not adopted by the commission, then the commission is empowered and directed to develop and adopt the institutional compact for the institution and the institution shall be bound by the compact so adopted; and

(6) The commission shall, as far as practicable, establish uniform processes and forms for the development and submission of the institutional compacts. As a part of this function, the commission shall organize the statements of legislative intent and goals contained in section one-a, article one of this chapter in a manner that facilitates the purposes of this subdivision, and the purposes of this section.

(d) The commission shall assign geographic areas of responsibility to the state institutions of higher education as a part of their institutional compacts to ensure that all areas of the state are provided necessary programs and services to achieve the public policy agenda. The benchmarks established in the institutional compacts shall include measures of programs and services by geographic area throughout the assigned geographic area of responsibility.

(e) The compacts shall contain benchmarks used to determine progress toward meeting the goals established in the compacts. The benchmarks shall meet the following criteria:

(1) They shall be objective;

(2) They shall be directly linked to the goals in the compacts;

(3) They shall be measured by the indicators described in subsection (f)of this section; and

(4) Where applicable, they shall be used to measure progress in geographic areas of responsibility.

(f) The commission shall establish indicators that measure the degree to which the goals and objectives set forth in section one-a, article one of this chapter, are being addressed and met. The benchmarks established in subsection (e) of this section shall be measured by the indicators. The commission shall, on or before the first day of January, two thousand one, file with the legislative oversight commission on education accountability, legislative rules pursuant to article three-a, chapter twenty- nine-a, that set forth at the least the following:

(1) The indicators to be used to measure the degree to which the goals and objectives are being met;

(2) Uniform definitions for the various data elements to be used in establishing the indicators; and

(3) Guidelines for the collection and reporting of data.
§18B-1A-3. Peer institutions.

(a) The commission shall select not fewer than ten peer institutions for each state institution of higher education in West Virginia, including, but not limited to, independently- accredited community and technical colleges.

(b) The peer institutions shall be selected from among institutions throughout the United States and not solely from the states that are members of the southern regional education board.

(1) To determine reasonable adjustments to institutional operating budgets as described in section five of this article;

(2) To determine comparable levels of tuition;

(3) To determine comparable faculty and staff teaching requirements and other workloads; and

(4) For such other purposes as the law may require or the commission may find useful or necessary.

(d) The commission shall contract with a national, independent education consulting firm to assist in the unbiased selection of peer institutions for each West Virginia institution. The peers shall be selected through an open, deliberative, objective process intended to achieve broad understanding of the basis for this selection in the higher education community and the Legislature. Final peer selection is subject to the review of the legislative oversight commission on education accountability. In selecting peer institutions, the commission shall use criteria including, but not limited to:

(1) Institutional mission;

(2) Institutional size related to full-time equivalent students;

(3) The proportions of full-time and part-time students;

(4) The level of academic programs, including, but not limited to, number of degrees granted at the associate, baccalaureate, masters, doctoral, and first-professional level;

(5) The characteristics of academic programs such as health sciences, professional, technical, or liberal arts and sciences; and

(6) The level of research funding from federal competitive funding sources.

(e) The commission shall review and make necessary adjustments, subject to the review of the legislative oversight commission on education accountability, to peer institutions at least every six years or as necessary based on changes in institutional missions as approved in institutional compacts or in changes at peer institutions.

(f) Nothing herein may be construed to prevent the commission from using the same peers or peer groups for more than one institution of higher education.
§18B-1A-4. Legislative financing goals.

(a) The Legislature recognizes that the higher education goals set forth in section one-a, article one of this chapter are of utmost importance. The Legislature further recognizes that meeting the goals may require the appropriation of additional dollars.

(b) The Legislature recognizes that the compact, to be fully funded, will require appropriation of additional moneys of approximately four percent per year. The Legislature also recognizes that, given the economic and fiscal condition of the State at the time of the enactment of this statute, such a level of funding may not be possible. The Legislature will strive to fully fund the compact, but, if it is unable to do so, it may extend the time for the completion of the compact.

(c) If the commission determines that appropriations are insufficient to fund the requirements of the institutional compacts, the commission first shall consider extending the length of the compacts or otherwise modifying the compacts to allow the institutions to achieve the benchmarks in the compacts. If modifications to the institutional compacts are not sufficient to allow the institutions to meet their benchmarks, the commission shall recommend to the Legislature methods of making the higher education system more efficient. The methods may include, but are not limited to, the following:

(1) Administrative efficiencies;

(2) Consolidating services;

(3) Eliminating programs;

(4) Consolidating institutions; and

(5) Closing institutions.

§18B-1A-5. Financing; institutional operating budget; additional funding.

(a) Budget request and appropriations. - The commission has the responsibility to develop a budget for the state system of higher education, and submit a budget request to the governor before the first day of September, beginning in two thousand, and for each fiscal year thereafter. The budget request specifically shall include the amount of the institutional operating budget, as defined in section two, article one of this chapter, required for all state institutions of higher education. The Legislature shall appropriate additional funds for the state system of higher education, including the appropriations for institutional operating budgets and enhancement funding, if any, to the commission. The commission is responsible for allocating appropriations for institutional operations funding and enhancement funding in accordance with this section. In addition to the institutional operating budget and enhancement funding, however, the commission also is responsible for allocating funds that are appropriated to it for other purposes: Provided, That, in order to determine institutional allocations, it is the responsibility of the institutions and their respective board of advisors to provide to the policy commission documentation on institutional progress toward mission enhancement; preliminary peer comparison calculations, performance of increased productivity and academic quality, and measurable attainment in fulfilling state priorities as set forth in article one-a of this chapter. The documentation shall be provided to the commission no later than the first day of October each year, for policy commission review and verification.

(b) Policy commission accounts. - The commission has under its jurisdiction the following accounts, for additional appropriations, which are to be created in the state treasury beginning in fiscal year two thousand two:

(1) Peer equity enhancement account. - For the allocation of appropriations to increase the level of the institutional operating budget for state institutions of higher education comparable to their peer institutions. The allocation shall provide, subject to the availability of funds and legislative appropriations, for a systematic adjustment of the institutional operating budgets to move all institutions' funding in the direction of levels comparable with their peers. Institutional allocations shall be calculated as follows:

(A) A calculation shall be made of the deficiency in per student funding of each institution in comparison with the mean per student funding of the peer institutions as defined by the commission pursuant to section three, article one-a of this chapter;

(B) For all institutions that are deficient in comparison with peer institutions, the amounts of the deficiencies shall be totaled;

(C) A ratio of the amount of the deficiency for an institution divided by the total amounts of deficiency for all West Virginia institutions shall be established for each institution; and

(D) The allocation to each institution shall be calculated by multiplying the ratio by the total amount of money in the account.

(2) Independently accredited community and technical colleges development account. - The purpose of this account is to ensure a smooth transition, where required, from "component" community and technical colleges to independently-accredited community and technical colleges as defined in section two, article one of this chapter. Allocations from this account are only to be appropriated to those institutions that have approved compacts with the commission that expressly include the transition of their component community colleges to independently accredited status and have demonstrated measurable progress towards this goal. By the first day of July, two thousand seven, or, when all required community and technical colleges are independently accredited, whichever first occurs, this account expires and the remaining moneys shall be transferred to the incentive account for institutional contributions to state priorities: Provided, That if the commission determines that payments from the account to the institutions should continue beyond the first day of July, two thousand seven, it shall request an extension from the Legislature;

(3) Research challenge account. - The purpose of this account is to assist public colleges and universities in West Virginia to compete on a national and international basis by providing incentives to increase their capacity to compete successfully for research funding. The Legislature intends for institutions to collaborate in the development and execution of research projects to the extent practical, and to target research on the needs of the state as established in the public policy agenda and linked to the future competitiveness of this state.

(A) The commission shall develop criteria for awarding grants to institutions under this account, which may include, but are not limited to, the following:

(i) Grants are to be used to match externally-funded, peer- reviewed research;

(ii) Grants to match funds for strategic institutional investments in faculty and other resources to increase research capacity;

(B) The grants shall be distributed as follows:

(i) Forty percent of the moneys shall be distributed at the discretion of the commission, but with particular emphasis on start-up money for new research efforts; and

(ii) The balance of the moneys shall be distributed to each public college and university in the same percentage that the research funds received by that public college or university bears to the total research funds received by all public colleges and universities in the state for the previous year.

(C) The commission may establish an advisory council consisting of nationally prominent researchers and scientists, including representatives from outside the state, to assist in developing the criteria for awarding grants under this account.

(D) For the purposes of making the distributions from this account, the commission shall establish the definition for research, research funds, and any other terms as may be necessary to implement this subdivision; and

(4) Incentive account for institutional contributions to state priorities. - The purpose of this account is to provide incentives to institutions which demonstrate success toward advancing the goals of the public policy agenda as set forth in section one-a, article one of this chapter and to provide incentives for mission enhancement as set forth in section two of this article.

(5) Institutional maintenance account. - The purpose of this account is to provide additional operating funds to institutions with approved compacts. The commission shall allocate these funds on an equal percentage basis to all institutions. Provided, That the policy commission may delay distribution of the moneys from this account to any institution which does not demonstrate measurable progress towards the goals provided in its compact with the policy commission.

(c) Allocations to institutional operating budgets. - For the purposes of this subsection, the commission shall establish by rule pursuant to subsection (e), section two, article one-b of this chapter the method for measuring the progress of each institution towards meeting the benchmarks of its institutional compact. It is the intent of the Legislature that allocations made by the policy commission to institutions to increase their operating budgets from the following accounts remain with such institutions as part of their operating budget for the next fiscal year at the designated percentages:

(1) One hundred percent of the funds allocated to the institution from the independently-accredited community and technical college development account set forth in subdivision (2), subsection (b) of this section; and

(2) Ninety-three percent of the funds allocated to the institution from the peer equity enhancement account set forth in subdivision (1), subsection (b) of this section. Provided, That the seven percent not remaining with each institution at the end of the fiscal year shall be transferred to the incentive account for institutional contributions to state priorities for further distribution.

(d) Allocation of appropriations among the accounts. - Unless otherwise appropriated by the Legislature, appropriations above institutional operating budgets shall be allocated to the accounts as follows:

(1) Twenty-three percent shall be allocated to the peer equity enhancement account;

(2) Two percent shall be allocated to the incentive account for institutional contributions to state priorities;

(3) Four percent shall be allocated to the research challenge account;

(4) Six percent shall be allocated to the independently- accredited community and technical college development account: Provided, That effective either the first day of July, two thousand seven, or after all required community and technical colleges are independently accredited, whichever first occurs, the six percent shall be added to the incentive account for institutional contributions to state priorities: Provided, however, That if the commission determines that payments from the account to the institutions should continue beyond the first day of July, two thousand seven, it shall request an extension from the Legislature; and

(5) Sixty-five percent shall be allocated to the institutional maintenance account.

(e) Allocation of appropriations to the institutions. - Appropriations from the accounts in this section shall be allocated to the state institutions of higher education in the following manner:

(1) For the fiscal year two thousand two, appropriations from the accounts shall be allocated only to institutions with approved compacts, pursuant to this article;

(2) For the fiscal year two thousand three, and each fiscal year thereafter, appropriations from the funds shall be allocated only to institutions with approved compacts, pursuant to section two of this article, and which also have achieved their annual benchmarks for accomplishing the goals of their compacts, as approved by the commission: Provided, That, if an institution has not achieved all of its annual benchmarks, the commission may distribute a portion of the funds to the institution based on its progress as the commission determines appropriate: Provided however, That the commission shall establish by rule pursuant to section four, article one-b of this chapter the method for measuring the progress of each institution toward meeting the benchmarks of its institutional compact; and

(3) For the fiscal year two thousand three, and each fiscal year thereafter, the percentage of the funds from the previous year that does not become part of the institutional operating budget during the current year shall be allocated to the institutions with approved compacts, pursuant to section two of this article, which also have achieved their annual benchmarks for accomplishing the goals of their compacts, as approved by the commission: Provided, That, if an institution has not achieved all its annual benchmarks, the commission may distribute a portion of the funds to the institution based on its progress as the commission determines appropriate.

(f) Peer comparison limit. - The total budget of any institution of higher education may not exceed one hundred two percent of peer institutions. If the distribution of the funds results in any institution having a total budget of more than one hundred two percent of peer institutions, the excess above one hundred two percent shall be allocated to the other institutions through the peer equity enhancement account established in subdivision (1), subsection (b) of this section.

(g) Nothing in this section shall be construed in a manner that limits the establishment of other accounts necessary to effectuate the operation and purpose of the policy commission.
§18B-1A-6. Graduate education.

(a) Intent. - It is the intent of the Legislature to address the need for high quality graduate education programs to be available throughout the state.

(b) Findings. - The Legislature makes the following findings:

(1) Since West Virginia ranks below its competitor states in graduate degree production, particularly in the areas that are important to the state's competitive position in the new economy of the twenty-first century, there is a considerable need for greater access to graduate education, especially at the master's degree level;

(2) There is a significant disparity in access to part-time graduate degree programs among the different regions of the state and part-time graduate enrollments are heavily concentrated in the counties immediately surrounding Marshall university and West Virginia university;

(3) There is a particular need for increased access to graduate programs linked directly to the revitalization of the regional economies of the state; and

(4) There is a particular need for improved quality and accessibility of pre-service and in-service programs for teachers in subject matter fields.

(c) Responsibility of policy commission. - In order to meet the need for graduate education, the commission is responsible for accomplishing the following:

(1) Ensuring expanded access to master's degree programs throughout West Virginia, with a strong emphasis on collaboration between the universities, baccalaureate colleges, and community and technical colleges in each region as well as private colleges and universities or other educational entities;

(2) Ensuring that any institution providing a master's degree program under the provisions of this section provides a meaningful, coherent program by offering courses in such a way that students, including place-bound adults, have ample opportunity to complete a degree in a reasonable period of time;

(3) Focusing on providing courses that enhance the professional skills of teachers in their subject areas; and

(4) Ensuring that programs are offered in the most cost- effective method to expand access throughout the region and the state.

(d) Institutional missions and process for program development. - The state colleges shall meet the need for graduate education in their regions by following the procedures outlined in subdivisions (1), (2) and (3) of this subsection, with each step building upon the foundation of the step before it: Provided, That if an institution of higher education not listed in this subsection develops an innovative graduate program that captures federal, private or other funds and presents the proposed program for approval to the policy commission, the policy commission may then move forward with the innovative program: Provided, however, That notwithstanding the provisions of this section, nothing in this section requires any level of funding by the Legislature. The procedure is as follows:

(1) The institution shall develop as a graduate center for its regions to broker access to graduate programs by contracting with accredited colleges and universities in and out of the state. These programs shall be related directly to each region's education and economic needs.

(2) If the graduate education needs of the region have not been met through brokering, then the institution may begin collaborative programs with other institutions leading to the granting of master's degrees in selected areas that are demonstrated to be related directly to the needs of their regions and that draw on faculty strengths. An institution may continue to offer collaborative programs aimed at meeting the documented needs with the approval of the commission or, if a sustained need still exists, the institution may move to the next level.

(3) If the graduate education needs of the region have not been met through brokering and collaborative programs, the institution may explore the option of beginning its own graduate- level program leading to the granting of a master's degree. The institution may begin its own master's degree program only if it can meet the following conditions as determined by the commission:

(A) Demonstrate that the institution has successfully completed each of the steps required before exploring development of its own master's degree program;

(B) Provide evidence based on experience gained in the brokering and collaborative arrangements that a sustained demand exists for the program;

(D) Demonstrate that the core mission of the baccalaureate institution will not be impaired by offering the graduate program;

(E) Provide evidence that the graduate program has a reasonable expectation of being accredited; and

(F) Demonstrate that the need documented in paragraph (B) of this subdivision is not currently being met by any other state institution of higher education; and

(G) Such other conditions as the commission may determine.

(4) If, after three years of operation under the provisions of subdivision (3) of this subsection, an institution believes that such a program has demonstrated that there is a sustained demand for it in the region, and also believes it has, or is within reasonable reach of, the capacity to offer the program individually on a permanent basis, the institution may apply to the policy commission for the authority to individually offer the program. If the policy commission determines that these factors are present, the commission shall assent.

(e) In-field master's degrees. - There is an urgent need for master's degree programs for teachers in disciplines or subject areas, such as mathematics, science, history, literature, foreign languages and the arts. Currently, master's-level courses in education that are offered in the regions served by the state universities are primarily in areas such as guidance and counseling, administration, special education and other disciplines unrelated to teaching in subject areas. If the commission determines that this need is not being met or can not be met in a region through the procedure established in subsection (d) of this section, then the graduate center in that region may plan one master's degree program in education focused on teaching in subject area fields. No institution may begin a graduate program under the provisions of this section until the program has been reviewed and approved by the commission. The commission shall approve only those programs, as authorized by this subsection, that emphasize serving the needs of teachers and schools in the colleges' immediate regions. In determining whether a program should be approved, the commission also shall rely upon the recommendations of the statewide task force on teacher quality provided for in section eight, article fourteen of this chapter.

(f) Program review by policy commission. - The policy commission shall regularly review all graduate programs being offered under the provisions of this section and, using the criteria established for program startup in subsection (d) of this section, determine which programs should be discontinued.

(g) Program review by presidents. - At least annually, each president shall evaluate graduate programs developed pursuant to the provisions of this section and report to the policy commission on the following:

(1) The number of programs being offered and the courses offered within each program;

(2) The disciplines in which programs are being offered;

(3) The locations and times at which courses are offered;

(4) The number of students enrolled in each program; and

(5) The number of students who have obtained master's degrees through each program.

The president shall provide the chief of operations with any additional information the chief of operations requests in order to make a determination on the viability of a program.

(h) Options for improved access and efficiency. - In developing any graduate program under the provisions of this section, each president shall consider delivering courses at times and places convenient to adult students who are employed full-time. The president shall place an emphasis on extended degree programs, distance learning and off-campus centers which utilize the cost-effective nature of extending existing university capacity to serve the state rather than duplicating the core university capacity and incurring the increased cost of developing master's degree programs at other institutions throughout the state.

(i) Program approval. - In addition to the approval required by the commission, authorization for any institution to offer a master's degree program under the provisions of this section is subject to the formal approval processes established by the president.

(j) Notwithstanding any other provision of this code to the contrary, any institution or entity may establish graduate programs in any location in the state, with the approval of the policy commission. Any such graduate program will be established with the resources of the institution and without any additional appropriation by the Legislature.
§18B-1A-7. Contrary provisions.

Effective the first day of July, two thousand, the provisions of this article shall supersede any provision of this code to the contrary.
§18B-1A-8. Sections repealed.

(a) On the effective date of this section, sections three-a and four, article three of this chapter, relating to community and technical colleges, are repealed.

(b) On the effective date of this section, section two-b, article five of this chapter, relating to resource allocation policy relief, is repealed.

(c) On the effective date of this section, section two-c, article five of this chapter, relating to a review of resource allocation model and policies, is repealed.

(d) On the effective date of this section, section five, article six of this chapter, relating to the creation of advisory council on federal resources, is repealed.

(e) On the effective date of this section, section eight, article one of this chapter, relating to the powers and duties of the governing boards generally, is repealed.

(f) Effective the first day of July, two thousand two, section eight-a, article one of this chapter, relating to higher education accountability, is repealed.

(g) On the effective date of this section, section six, article three of this chapter, relating to increasing flexibility for freestanding community and technical colleges, is repealed.

(h) Effective the thirtieth day of June, two thousand one, section one-b, article one of this chapter, relating to implementation of findings, directives, goals and objectives, is repealed.

(i) Effective the thirtieth day of June, two thousand one, section one-c, article one of this chapter, relating to strategically focusing resources to maximize opportunity, is repealed.

(j) On the effective date of this section, section five, article one of this chapter, relating to placing governing boards under the department of education and the arts, is repealed.

(k) On the effective date of this section, section six, article six of this chapter, relating to the university of West Virginia anatomical board, is repealed.

(l) On the effective date of this section, section one, article five of this chapter, relating to appropriations, is repealed.

(m) On the effective date of this section, section two, article five of this chapter, relating to resource allocation model and policies, is repealed.

(n) On the effective date of this section, section two, article six of this chapter, relating to advisory councils of faculty, is repealed.

(o) On the effective date of this section, section three, article six of this chapter, relating to advisory councils of students, is repealed.

(p) On the effective date of this section, section four, article six of this chapter, relating to advisory councils of classified employees, is repealed.
§18B-1A-9. Implementation team.

(a) There is hereby established an implementation team to monitor and oversee implementation of higher education reorganization pursuant to the provisions of this act. The implementation team is comprised of twelve persons as follows:

(1) Three members of the Senate appointed by the president to serve as non-voting ex officio members;

(2) Three members of the House of Delegates appointed by the speaker to serve as non-voting ex officio members;

(3) One member selected by the governor to represent the governor's office, or his or her designee;

(4) The secretary of education and the arts, or his or her designee;

(5) The senior administrator of the higher education central office or comparable successor position pursuant to the provisions of this act, or his or her designee;

(6) The vice chancellor for community and technical education or comparable successor position pursuant to the provisions of this act, or his or her designee; and

(7) One member appointed by the governor from each of the previous governing boards.

The members shall elect a chairperson.

(b) The intent and purposes of the implementation team are to:

(1) Monitor and oversee implementation of higher education reorganization pursuant to the provisions of this act; and to inform the governor and the Legislature of the implementation status and any areas in which further executive or legislative action may be necessary;

(2) To serve and act as the coordinating body for state institutions of higher education during any period wherein the policy commission has been charged with the responsibilities under this chapter, but has not yet been appointed and qualified, and otherwise it shall be advisory only;

(3) To advise and assist the education policy commission on implementation of the act in a manner that achieves the intent, purposes and goals of the act;

(4) To resolve or seek appropriate remedy to errors, omissions, oversights or conflicts relative to implementation of the act; and

(5) Take such other action within their scope of authority as may be necessary to provide for the smooth transition in the governance of the higher education system.

(c) The implementation team shall be appointed as soon as possible after the effective date of this section and shall continue its duties until the first day of the regular session of the Legislature, two thousand one. During its pendency it shall report regularly to the Legislature and governor regarding its actions and shall serve as an advisory body to the policy commission.

(d) The secretary of education and the arts shall serve as the interim chief executive officer of the policy commission until a permanent chief executive officer is employed for that position by the policy commission.
ARTICLE 1B. EDUCATION POLICY COMMISSION.
§18B-1B-1.

Education policy commission established; development of public policy agenda.

There is hereby created the "Education policy commission", hereinafter referred to as the "commission", which is responsible for developing, promoting and overseeing the implementation of a public policy agenda. It is the intent of the Legislature that the commission be responsible for development and articulation of the public policy agenda for higher education and other statewide issues pursuant to section one-a, article one of this chapter. All matters of governance not specifically assigned to the commission by law are the duty and responsibility of the institutional presidents.
§18B-1B-2.

Composition of commission; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; removal from office.

(a) The commission shall consist of the secretary of education and the arts and the chief executive officer of the commission, both serving as ex officio non-voting members; one member of the state board of education, appointed by that board and serving only for the period of time that he or she remains a member of that board; and six members appointed by the governor, with the advice and consent of the Senate, who demonstrate an understanding of and commitment to achieving the goals and objectives set forth in section one-a, article one of this chapter. Of the six members appointed by the governor, no more than three may belong to the same political party and no more than two may be appointed from each congressional district.

(b) The governor may not appoint as a member of the commission, any person who is an officer, employee or member of an advisory board of any state college or university, an officer or member of any political party executive committee, the holder of any other public office or public employment under the government of this state or any of its political subdivisions, an appointee or employee of any higher education governing body, or an immediate family member of any employee under the jurisdiction of the commission or any of its institutions.

(c) The governor shall make all commission appointments by the first day of July, two thousand, or as soon thereafter as is practicable, and the original terms of all members shall commence on the first day of July, two thousand.

(d) Of the citizen members first appointed, two shall serve for two years, two shall serve for four years and two shall serve for six years. All future appointments shall be for six years, except that an appointment to fill a vacancy shall be for the unexpired term only and shall be made within thirty days of the occurrence of the vacancy. Of the initial appointments, the members appointed for six years may not be from the same congressional district. Citizen members are eligible for reappointment.

(e) Before exercising any authority or performing any duties as a member of the commission, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the constitution of West Virginia, and the certificate thereof shall be filed with the secretary of state.

(f) No member may be removed from office by the governor except for official misconduct, incompetence, neglect of duty, neglect of fiduciary duty or other specific responsibility imposed by this article, or gross immorality. Vacancies in the board shall be filled in the same manner as the original appointment.
§18B-1B-3. Meetings and compensation.

(a) The policy commission shall meet as needed at the time and place specified by the call of the chief executive officer, but no less than quarterly. The policy commission shall hold an annual meeting each June for the purpose of electing officers for the next fiscal year. All officers shall be elected from the citizen appointees. The initial meeting of the commission, and election of officers, shall be held during July, two thousand, or as soon thereafter as practicable. The secretary of education and the arts shall call the initial meeting and preside until a chairperson is selected. The chairperson and 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.

(b) Members of the commission shall be reimbursed for actual and necessary expenses incurred for each day or portion thereof engaged in the performance of official duties in a manner consistent with guidelines of the travel management office of the department of administration. All reimbursement shall be paid from the commission's existing budget.

(d) The policy commission shall periodically receive reports from and discuss issues with representatives from, including but not limited to, the following: the joint commission on vocational- occupational-technical education; adult basic education; private proprietary schools; private colleges and universities; the human resources investment council; the governor's chief workforce development officer; the governor's office of technology; the office of community and economic development; the West Virginia literacy council; West Virginia small business development center; educational broadcasting authority; and the state superintendent of schools.
§18B-1B-4.

Powers and duties of education policy commission.

(a) The primary responsibility of the commission is to develop policies that will achieve the goals and objectives found in section one-a, article one of this chapter. To that end, the commission has the powers and duties to:

(1) Develop, oversee and advance the public policy agenda to address major challenges facing the state, including, but not limited to, the goals and objectives found in section one-a, article one of this chapter and including specifically those goals and objectives pertaining to the compacts created pursuant to section two, article one-a of this chapter, and to develop and implement the master plan described in section nine, article one-b of this chapter for the purpose of accomplishing the mandates of this section;

(2) Develop, oversee and advance the implementation of a financing policy for higher education in West Virginia. The policy shall meet the following criteria:

(A) Provide an adequate level of funding for each institutional operating budget pursuant to section five, article one-a of this chapter;

(B) Serve to maintain institutional assets, including, but not limited to, human and physical resources and deferred maintenance; and

(C) Invest and provide incentives for achieving the priority goals in the public policy agenda including, but not limited to, those found in section one-a, article one of this chapter;

(3) Create a policy leadership structure capable of the following actions:

(A) Developing, building public consensus around, and sustaining attention to a long-range public policy agenda. In developing the agenda, the commission shall seek input from the Legislature and the governor, and specifically from the state board of education and local school districts in order to create the necessary linkages to assure smooth, effective and seamless movement of students through the public education and post- secondary education systems; and to ensure that the needs of public school courses and programs can be fulfilled by the graduates produced and the programs offered;

(B) Ensuring that the institutional presidents carry out their duties effectively to govern the individual institutions of higher education; and

(C) Holding the higher education institutions and the entire higher education system accountable for accomplishing their missions and implementing the provisions of the compacts;

(4) Develop and adopt each institutional compact;

(5) Review and adopt the annual updates of the institutional compacts;

(6) Administer and allocate funds in accordance with the provisions of section five, article one-a of this chapter;

(7) With assistance from the executive director of community and technical colleges and workforce development, review the progress of community and technical colleges in every region of West Virginia, including, but is not limited to, the step-by-step implementation required in article three-c of this chapter. The progress reviews and evaluations are to be reported annually to the legislative oversight commission on education accountability;

(8) To be accountable to the governor and Legislature regarding implementation of the public policy agenda;

(9) Promulgate legislative rules pursuant to article three-a, chapter twenty-nine-a to fulfill the purposes of section five, article one-a of this chapter;

(10) Establish a peer group for each public institution of higher education in the state as described in section three, article one-a of this chapter;

(11) Establish the benchmarks and performance indicators necessary to measure institutional achievement towards state policy priorities and institutional missions;

(l2) To report to the legislative oversight commission on education accountability each January, beginning two thousand one. The report shall include at least the following:

(A) The performance of the higher education system during the previous fiscal year, including, but not limited to, progress in meeting goals stated in the compacts and progress of the institutions and the higher education system as a whole in meeting the goals and objectives set forth in section one-a, article one of this chapter;

(B) An analysis of enrollment data and recommendations for any changes necessary to assure access to high-quality, high- demand education programs for West Virginia residents;

(C) The priorities established for capital investment needs pursuant to subdivision (12) of this subsection, and the justification for such priority; and

(D) Recommended statutory changes needed to further the goals and objectives set forth in section one-a, article one of this chapter;

(13) Develop a formal process for identifying needs for capital investments and for establishing priorities for these investments;

(14) Develop guidelines for institutions to follow concerning extensive capital projects. The guidelines shall provide a process for developing capital projects, including, but not limited to, the notification by an institution to the commission of any proposed capital project which has the potential to exceed such amount as may be established by the commission. No such project may be pursued by an institution without the approval of the commission;

(15) Use the expertise available within the human resources investment council and the West Virginia development office regarding workforce development and training;

(16) Acquire legal services as are considered necessary, including representation of the commission, its institutions, employees and officers before any court or administrative body, notwithstanding any other provision of this code to the contrary. The counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the commission may, but is not required to, call upon the attorney general for legal assistance and representation as provided by law;

(17) Employ a chief executive officer for higher education pursuant to section five of this article;

(18) Approve the employment of other staff by the chief executive officer, including a chief of operations, an executive director for community and technical colleges and workforce development, and an executive director for health sciences research and development, as necessary and appropriate to carry out the duties and responsibilities of the commission;

(19) Provide suitable offices in Charleston for the chief executive officer and other staff;

(20) Conduct a study of the faculty tenure system as administered by the presidents with specific attention to the role of community service and other criteria for achieving tenured status. The commission shall make a report of its findings and recommendations to the legislative oversight commission on education accountability by the first day of July, two thousand one;

(21) Advise and consent in the appointment of the presidents of the institutions of higher education by the chief executive officer. The role of the commission in approving an institutional president is to assure through personal interviews that the person selected understands and is committed to achieving the goals and objectives as set forth in the institutional compact and in section one-a, article one of this chapter;

(22) Approve the total compensation package from all sources for institutional presidents, as proposed by the institutional board of advisors. The total compensation package must be approved by the commission when institutional presidents are employed initially and thereafter when any change is made;

(23) Implement the policy of the state to assure that parents and students have sufficient information at the earliest possible age on which to base academic decisions about what is required for students to be successful in college, other post secondary education and careers, related, as far as possible, to results from current assessment tools in use in West Virginia;

(24) Approve a uniform standard, as developed by the chief executive officer, to determine which students shall be required to enroll in remedial or developmental courses and programs. The standard shall be aligned with college admission tests and assessment tools used in West Virginia and will be applied uniformly throughout the public higher education system. The chief executive officer shall develop a clear, concise explanation of the standard and shall inform the presidents, the state board of education and the state superintendent of schools;

(25) Review and approve or disapprove capital projects according to the guidelines developed pursuant to section four, article one-b of this chapter;

(26) Establish an oversight plan to manage system-wide technology such as the following:

(A) Expanding distance learning and technology networks 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; and

(B) Reviewing courses and programs offered within the state by nonstate public or private institutions of higher education;

(27) Establish policies and procedures to ensure that students may transfer and apply toward the requirements for a bachelor's degree the maximum number of credits earned at any nationally accredited in-state or out-of-state community and technical college with as few requirements to repeat courses or to incur additional costs as is consistent with sound academic policy;

(28) Establish policies and procedures to ensure that students may transfer and apply toward the requirements for a degree the maximum number of credits earned at any nationally accredited in-state or out-of-state higher education institution with as few requirements to repeat courses or to incur additional costs as is consistent with sound academic policy;

(29) Establish policies and procedures to ensure that students may transfer and apply toward the requirements for a master's degree the maximum number of credits earned at any nationally accredited in-state or out-of-state higher education institution with as few requirements to repeat courses or to incur additional costs as is consistent with sound academic policy;

(30) Establish policies and programs, in cooperation with the institutions of higher education, through which students who have gained knowledge and skills through employment, participation in education and training at vocational schools, private proprietary schools or other educational institutions, or internet-based educational programs, may demonstrate by competency-based assessment that they have the necessary knowledge and skills to be granted academic credit or advanced placement standing toward the requirements of an associate degree or a bachelor's degree at a state institution of higher education;

(31) Seek out and attend regional, national and international meetings and forums on education and workforce development related topics, as in the policy commission's discretion is critical for the performance of their duties as members, for the purpose of keeping abreast of education trends and policies to aid it in developing the policies for this state to meet the established education goals and objectives pursuant to section one-a, article one of this chapter; and

(32) Consider and submit to the appropriate agencies of the executive and legislative branches of state government, a single budget for higher education that reflects recommended appropriations: Provided, That on the first day of January, two thousand one, and annually thereafter, the policy commission shall submit the proposed institutional allocations based on each institution's progress towards its institutional compact.

(33) Initiate a full review and analysis of all student fees charged by state institutions of higher education in West Virginia. Proposed legislation to condense, simplify and streamline the fee schedule and the use of fees or other money collected by a State institution of higher education that may be used by that institution to meet the operational and other expenses of the institution, including, the payment of any outstanding revenue bonds. This study shall not limit any governing board with authority over the state institution of higher education from designating the use of such fees by the institution and the results should be presented to the Legislature no later than the first day of January, two thousand two.

(b) In addition to the powers and duties listed in subsection (a) of this section, the commission has the following general powers and duties related to its role in developing, articulating and overseeing the implementation of the public policy agenda:

(1) Planning and policy leadership including a distinct and visible role in setting the state's policy agenda and in serving as an agent of change;

(2) Policy analysis and research focused on issues affecting the system as a whole or a geographical region thereof;

(3) Development of institutional mission definitions including use of incentive money to influence institutional behavior in ways that are consistent with public priorities;

(4) Academic program review and approval including the use of institutional missions as a template to judge the appropriateness of both new and existing programs;

(5) Development of budget; development and implementation of funding formulae; and allocation of resources including reviewing and approving institutional operating and capital budgets and distributing incentive and performance-based funding;

(6) Administration of state and federal student aid programs;

(7) Acting as the agent for receiving and disbursing public funds when a governmental entity requires designation of a statewide higher education agency for this purpose;

(8) Development of information, assessment and accountability systems including maintenance of statewide data systems that facilitate long-term planning and accurate measurement of strategic outcomes and performance indicators;

(9) Licensing and oversight for both public and private degree-granting and nondegree granting institutions that provide post-secondary education courses or programs in the state;

(10) Development and oversight of statewide and region-wide projects and initiatives such as those using funds from federal categorical programs or those using incentive and performance- based funding from any source;

(11) Quality assurance that intersects with all other duties of the commission particularly in the areas of planning, policy analysis, program review and approval, budgeting, and information and accountability systems.

(c) In addition to the powers and duties provided for in subsections (a) and (b) of this section, and any other powers and duties as may be assigned to it by law, the education policy commission has such other powers and duties as may be necessary or expedient to accomplish the purposes of this article. Any reference in this code to a power or duty of the previous governing boards is the power and duty of the commission, and may be delegated by the commission.
§18B-1B-5.

Employment of chief executive officer for higher education; office; powers and duties generally; employment of chief of operations, executive director for community and technical colleges and work force development, and executive director for health sciences research and development.

(a) The commission, created pursuant to section one of this article, shall employ a chief executive officer for higher education who shall serve at its will and pleasure.

(b) The commission shall set the qualifications for the position of chief executive officer and shall conduct a thorough nationwide search for qualified candidates. A qualified candidate is one who meets at least the following criteria:

(1) Possesses an excellent academic and administrative background;

(2) Demonstrates strong communication skills;

(3) Has significant experience and an established national reputation as a professional in the field of higher education;

(4) Is free of institutional or regional biases; and

(5) Holds or retains no other administrative position within the system of higher education while employed as chief executive officer.

(c) The commission shall set the salary of the chief executive officer. The chief executive officer shall be compensated on a basis in excess of, but not to exceed twenty percent greater than, the base salary of any president or administrative head of a state institution of higher education.

(d) With the consent of the commission, the chief executive officer shall employ a chief of operations pursuant to section two, article four of this chapter, an executive director for community and technical colleges and workforce development, and an executive director for health sciences research and development, and shall determine the organization and staffing positions necessary to carry out his or her powers and duties and may employ necessary staff. The chief executive officer shall organize the central office to most efficiently achieve its mission and serve the needs of the institutions in a cost effective manner.

(e) The chief executive officer may enter into agreements with any state agency or political subdivision of the state, any state higher education institution, or any other person or entity to enlist staff assistance to implement the powers and duties assigned by the commission or by state law.

(f) The chief executive officer is responsible for the day-to-day operations of the commission and has the following responsibilities:

(1) To carry out policy and program directives of the commission;

(2) To develop and submit annual reports on the implementation plan to achieve the goals and objectives set forth in section one-a, article one of this chapter and in the institutional compacts;

(3) To prepare and submit to the commission for its approval the proposed budget of the commission and its offices;

(4) To serve as the accountability point for rules promulgated by the institutional presidents by:

(A) Providing technical assistance, when requested, to the presidents in developing rules;

(B) Reviewing and making recommendations to the presidents for any changes necessary in rules promulgated by the presidents, in consultation with their institutional boards of advisors;

(C) Determining when a joint rule among the presidents is necessary or required by law, and, in those instances, and in consultation with the presidents, promulgating the joint rule;

(D) Providing for the filing of rules promulgated by the state institutions of higher education with the commission; and

(E) With the concurrence of the secretary of state and legislative oversight commission on education accountability, establish a process for the transition from the rules promulgated by the previous board of trustees and board of directors to new rules filed by the chief executive officer, subject to approval of the policy commission. Until new rules are filed, the existing rules of said boards shall remain in effect and applicable to the respective state institutions of higher education formerly under the jurisdiction of said boards. The chief executive officer shall review all new rules filed to replace the existing rules of the said boards and determine their proper classification as legislative, procedural or interpretive, notwithstanding the classification of the existing rule or a classification established for a specific rule by this code. The chief executive officer shall strictly and uniformly apply the definitions of rule, legislative rule, interpretive rule and procedural rule set forth in section two, article one, chapter twenty-nine-a of this code, and unless specifically mandated by an act of the Legislature following the effective date of this section, may not require the filing, as rules, of regulations relating solely to the internal management of the agency, such as personnel policies, unless required to be uniform across the institutions; and

(5) To perform all other duties and responsibilities assigned by the commission or by state law.

(g) The chief executive officer is the primary advocate for higher education and, with the commission, advises the Legislature on matters of higher education in West Virginia. As the primary advocate for higher education, the chief executive officer shall provide reports to the legislative oversight commission on education accountability regarding higher education issues and progress in attaining the established goals for higher education.

(h) The chief executive officer may develop for consideration by the commission, new statewide or regional initiatives in accordance with the goals set out in section one-a, article one of this chapter and the public policy agenda articulated by the commission.

(i) The chief executive officer shall coordinate efforts of the members of the state board of education, the state superintendent of schools, private colleges and universities, proprietary schools and other training providers to assure that the following goals are met:

(1) Development and implementation of a seamless system of education that affords citizens of all ages the opportunity to increase their knowledge and skills with a minimum of institutional, financial and geographic barriers;

(2) Creation of a seamless kindergarten through post- secondary system of education that encourages students to continue their education in college or other post-secondary education, and encourages adults to continue improving their educational credentials throughout their lifetime; and

(3) Ensuring appropriate coordination of missions and programs.

(j) The secretary of education and the arts shall serve as interim chief executive officer until such time as the chief executive officer is employed.

(k) The policy commission may assign additional duties and responsibilities to the chief executive officer, chief of operations, executive director for community and technical colleges and workforce development, and the executive director for health sciences research and development as it determines necessary.
§18B-1B-6.
Appointment of institutional presidents; evaluation.

(a) Appointment of institutional president. -- Effective on the first day of July, two thousand, appointment of presidents of the state institutions of higher education are made as follows:

(1) Subject to the approval of the commission, the chief executive officer shall appoint a president for Bluefield state college, Concord college, eastern West Virginia community and technical college, Fairmont state college, Glenville state college, Marshall university, Potomac state college of West Virginia university, Shepherd college, southern West Virginia community and technical college, West Liberty state college, West Virginia northern community college, West Virginia school of osteopathic medicine, West Virginia state college, West Virginia university, West Virginia university institute of technology, and West Virginia university at Parkersburg: Provided, That institutional presidents in office on the effective date of this section shall continue in office subject to state law. Each president serves at the will and pleasure of the policy commission. Each appointment shall be made from a list of candidates submitted by the institutional board of advisors pursuant to section one, article six of this chapter;

(2) Subject to the approval of the commission and to the provisions of article three-c of this chapter, the chief executive officer shall appoint the president of each community and technical college that remains linked administratively to a sponsoring institution: Provided, That nothing in this section prohibits any provost in office on the effective date of this section from being appointed as the new president of the community and technical college, subject to state law. The presidents of each community and technical college serve at the will and pleasure of the policy commission. Each appointment shall be made from a list of candidates submitted by the institutional board of advisors pursuant to section one, article six of this chapter;

(3) Subject to the approval of the commission and to the provisions of article three-c of this chapter, the president of Bluefield state college and the president of Glenville state college shall appoint the provost of the community and technical college at their respective institutions, who serves at the will and pleasure of the president of the sponsoring institution.

(b) Evaluation of institutional presidents. - The chief of operations shall lead each institutional boards of advisors in conducting a written performance evaluation of the institution's president, including the presidents of administratively-linked community and technical colleges, in every fourth year of employment as president, recognizing unique characteristics of the institution and utilizing institutional personnel and persons knowledgeable in higher education matters who are not otherwise employed by the president. A part of the evaluation shall be a determination of the success of the institution in meeting the requirements of its institutional compact.

§18B-1B-7. Higher education accountability; institutional and statewide report cards.

Effective on the first day of July, two thousand one:

(a) The commission is 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 the nation.

(b) On or before the first day of July, two thousand one, the commission shall review policy series sixteen, related to the higher education report card, of the rules of the board of trustees and board of directors and determine whether a new rule should be adopted 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 section one-a, article one of this chapter, the institutional compacts, and in comparison to their peers. The rules shall provide the legislative oversight commission on education accountability with full and accurate information while minimizing the institutional burden of record- keeping and reporting. The 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 wishes to include shall be contained in a separate appendix available for a reasonable fee to the general public upon request.

(c) The president of each public college, university or community and technical college shall prepare and submit annually all requested data to the commission at the time established by the commission.

The commission shall prepare report cards for institutions under its jurisdiction and in accordance with the guidelines set forth in this section and rules promulgated under this section.

(d) The higher education central office staff under the direction of the chief of operations shall provide technical assistance to each institution and president in data collection and reporting and is responsible for assembling the statewide report card from information submitted by the president. 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 public institutions of higher education. The statewide report card 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 system of higher education. The report card also shall include goals and trends for the institutions and the higher education system and shall include all the information required either by statute or by rule as authorized in subsection (b) of this section. Statewide report cards shall be based upon information for the current school year or for the most recent school year for which the information is available, in which case such year shall be clearly footnoted.

(e) The statewide report card shall be completed and disseminated with copies to the legislative oversight commission on education accountability prior to the first day of January, of each year.

(f) For a reasonable fee, the chief of operations shall make copies of the report cards available to any individual requesting them.
§18B-1B-8. Statewide master plan.

(a) The policy commission shall develop a master plan for higher education for the state.

(b) The plan shall be developed on or before the first day of July, two thousand one, and shall be communicated to the legislative oversight commission on education accountability.

(1) A detailed demonstration of how the master plan will be used to meet the goals and objectives outlined in section one-a, article one of this chapter;

(2) A statement of goals, as set forth in section one-a, article one of this chapter, outlining missions, degree offerings, resource requirements, physical plant needs, personnel needs, enrollment levels and other planning determinants and projections for public higher education, and other matters necessary in such a plan to assure that the needs of the state for a quality system of higher education are addressed; and

(3) A plan for collaborating with the state board of education, the private institutions of higher education, vocational and proprietary schools and other education providers to assure that a comprehensive system of education is developed for West Virginia.

(d) The master plan for higher education for the state shall be established for periods of not less than three nor more than six years and shall be revised periodically as necessary.
ARTICLE 2A. INSTITUTIONAL GOVERNANCE.

§18B-2A-1. Presidents of institutions; powers and duties.

Each president in consultation with the institutional board of advisors has the following powers and duties:

(a) Be the chief academic and administrative officer of the state institution of higher education;

(b) Determine, control, supervise and manage the financial, business and education policies and affairs of the state institution;

(1) A detailed demonstration of how the master plan will be used to meet the goals and objectives of the institutional compact;

(2) A statement of goals outlining missions, degree offerings, resource requirements, physical plant needs, personnel needs, enrollment levels and other planning determinates and projections necessary in such a plan to assure that the needs of the institution's area of responsibility for a quality system of higher education are addressed; and

(3) Documentation of the involvement of the commission, institutional constituency groups, clientele of the institution, and the general public in the development of all segments of the institutional master plan.

The plan shall be established for periods of not less than three nor more than six years and may be revised as necessary, including the addition or deletion of degree programs as determined necessary by the president;

(d) Prescribe for the state institutions of higher education under its jurisdiction, in accordance with its master plan and the compact for each institution, specific functions and responsibilities to meet the higher education needs of its geographic area of responsibility and to avoid unnecessary duplication;

(e) Direct the preparation of a budget request for the state institution of higher education, which relates directly to missions, goals and projections as found in the institutional master plans and the institutional compacts;

(f) Consider, revise and submit to the commission a budget request on behalf of the state institution of higher education;

(g) Provide the policy commission with documentation on institutional progress toward mission enhancement; preliminary peer comparison calculations, performance of increased productivity and academic quality, and measurable attainment in fulfilling state priorities outlined in article one-a of this chapter. This annual performance report should reflect the institution's progress during the previous fiscal year as compared to stated goals in its master plan and institutional compact. The documentation shall be provided to the commission no later than the first day of October each year, for review prior to submission to the governor.

(h) 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 institutional master plan, the institutional compact, and the education and workforce needs of its responsibility area. As a part of the review, each president shall conduct periodic studies of its graduates and their employers to determine placement patterns and the effectiveness of the education experience. Where appropriate, these studies should make use of the studies required of many academic disciplines by their accrediting bodies;

(i) Ensure that the sequence and availability of academic programs and courses offered by the institution is such that students have the maximum opportunity to complete programs in the time frame normally associated with program completion. The president also is responsible to see that the needs of nontraditional college age students are appropriately addressed and, to the extent it is possible for the president to control, to assure that core course work completed at the institution is transferable to any other state institution of higher education for credit with the grade earned;

(j) Subject to approval of the education policy commission and the provisions of article one-b of this chapter, ensure that the teacher education programs offered in the institution permit graduates of teacher education programs to receive a degree from a nationally accredited program. To prevent expensive duplication of program accreditation, the chief executive officer may select and utilize one nationally recognized teacher education program accreditation standard as the appropriate standard for program evaluation;

(k) Utilize faculty, students and classified staff in institutional-level planning and decision-making when those groups are affected;

(l) Administer a system for the administration of personnel matters, including, but not limited to, personnel classification, compensation, and discipline for employees of the institutions under their jurisdiction, subject to the provisions of state and federal law: Provided, That the chief executive officer shall promulgate a new procedural rule for the purpose of standardizing, to the extent possible, the administration of personnel matters among the institutions of higher education;

(m) Administer a system for the hearing of employee grievances and appeals therefrom as prescribed by article twenty-nine, chapter eighteen of this code, so that aggrieved parties may be assured of timely and objective review: Provided, That after the first day of July, two thousand, the procedure established in article twenty-nine, chapter eighteen of this code shall be the exclusive mechanism for hearing employee grievances and appeals.

(n) Solicit and utilize or expend voluntary support, including financial contributions and support services, for the state institutions of higher education;

(o) Receive from the policy commission institutional funding parameters, priorities and goals;

(p) Submit to the commission no later than the first day of November of each year, an annual report of the performance of the institution during the previous fiscal year as compared to the stated goals in its master plan and institutional compact;

(q) Enter into contracts or consortium agreements with the public schools, private schools or private industry to provide technical, vocational, college preparatory, remedial and customized training courses at locations either on the campus of the institution or at off-campus locations in the institution's responsibility area. To accomplish this goal, the president may share resources among the various groups in the community;

(r) Unless changed by the commission, the president shall continue to abide by existing rules 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 when the credit is to be used toward meeting a requirement of the core curriculum for a major in that department;

(s) Through the chief of operations, or his or her designee, shall consult, cooperate and work with the state treasurer and the state auditor to update as necessary and maintain an efficient and cost-effective system for the financial management and expenditure of special revenue and appropriated state funds at the institutions under their jurisdiction that ensures that properly submitted requests for payment be paid on or before due date, but in any event, within fifteen days of receipt in the state auditor's office;

(t) Through the chief of operations and the secretary of the department of administration shall develop, update as necessary, and maintain a plan to administer a consistent method of conducting personnel transactions including, but not limited to, hiring, dismissal, promotions and transfers at the institutions under its jurisdiction. Each such personnel transaction shall be accompanied by the appropriate standardized system or forms which will be submitted to the respective governing board, and the department of finance and administration;

(u) Notwithstanding any other provision of this code to the contrary, the chief executive officer may transfer funds from any account specifically appropriated for the commission's use to any corresponding line item in a general revenue account at any agency or institution under the jurisdiction of the commission as long as the transferred funds are used for the purposes appropriated. The chief executive officer may transfer funds from appropriated special revenue accounts for capital improvements under the jurisdiction of the commission to special revenue accounts at agencies or institutions under the jurisdiction of the commission as long as the transferred funds are used for the purposes appropriated; and

(v) Notwithstanding any other provision of this code to the contrary, the president may acquire any legal services considered necessary, including representation of the institution and its employees and officers before any court or administrative body. The counsel may be employed on a salaried basis or on a reasonable fee basis. In addition, the president may, but is not required to, call upon the attorney general for legal assistance and representation as provided by law.

(w) The president of each state institution of higher education may adopt incentive programs for faculty to encourage increased productivity, innovative teaching methods, creative use of technology, service to the state, other extra efforts on behalf of higher education, or meeting the state's public policy agenda. The incentive program shall be a part of the contract for each faculty member at the affected institutions and shall provide, at the president's discretion, that faculty members meeting the criteria of the program may receive extra compensation for that contract period. Each incentive program is to be approved by the policy commission.
ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL- TECHNICAL-OCCUPATIONAL EDUCATION.

§18B-3A-1. Joint commission continued; jurisdiction of education policy commission.

The West Virginia Joint Commission for Vocational-Technical- Occupational Education, hereinafter referred to in this article as the joint commission, is hereby continued. The joint commission is subject to the jurisdiction of the education policy commission established in article one-b of this chapter, hereinafter referred to as the policy commission, and is subject to the supervision of the chief executive officer and the executive director for community and technical colleges and workforce development of the policy commission.
§18B-3A-2. Legislative findings and intent.

The Legislature finds that the goals for post-secondary education set forth in section one-a, article one of this chapter include among the findings that the reality for West Virginia is that its future rests not only on how well its youth are educated, but also on how well it educates its entire population at any age and that the state must take into account the imperative need to serve the educational needs of working-age adults. These findings further note that the state should make the best use of the expertise that private institutions of higher education, vocational and technical programs and private proprietary schools can offer and recognize the importance of their contributions to the economic, social and cultural well-being of their communities.

The Legislature further finds that said section includes goals that focus on the need to better serve both traditional and nontraditional students and adults, among which is the goal that the overall focus of education is on a lifelong process which is to be as seamless as possible at all levels and is to encourage citizens of all ages to increase their knowledge and skills. These goals also emphasize the need for cooperation and collaboration at all levels in education, training and workforce development to achieve the state's public policy agenda.

The Legislature finds that because of its acts to streamline accountability, make maximum use of existing assets to meet new demands and target new investments on initiatives designed to enhance and reorient existing capacity, provide incentives for brokering and collaboration, and focus on new demands, many of the responsibilities originally charged to the joint commission are no longer relevant.

Therefore, the intent of the Legislature in amending and reenacting this article is to reorient the mission, role and responsibilities of the joint commission consistent with and supportive of the mission, role and responsibilities of the education policy commission, the goals for post-secondary education and accountability for achieving the state's public policy agenda.

§18B-3A-3. Appointment, composition and terms of joint commission; meetings; expenses.

(a) The joint commission is comprised of nine persons appointed by the governor, with the advice and consent of the Senate. Seven of the appointees shall represent the interests of the business, labor and employer communities and demonstrate knowledge of the workforce needs of the various areas of the state. No provider of educational services, workforce development services or related activities may to serve on the joint commission. The governor shall appoint three members from each congressional district. Not more than four of the members may be from the same political party. The executive director for community and technical colleges and workforce development of the policy commission and the assistant superintendent for technical and adult education of the state department of education shall serve as co-chairs of the joint commission and are entitled to vote.

(b) Members of the joint commission shall serve for terms of four years, except that of the original appointments, three members shall be appointed for two years and four members shall be appointed for four years.

(c)
The joint commission shall meet at least quarterly and may meet more often at the call of the co-chairs. One such meeting of the joint commission shall be a public forum for the discussion of the goals and standards for vocational education in the state. Members of the joint commission shall serve without compensation, but upon proper request, shall be reimbursed for their actual necessary expenses incurred in the performance of their duties as commission members, except that members of the commission who are employees of the state shall be reimbursed by their employing agency.

§18B-3A-4. Definitions.

As used in this article:

(a) "Secondary vocational-technical-occupational education" means any course or program at the high school level that results in, or may result in, a high school diploma or its equivalent, under the jurisdiction of the state board of education.

(b) "Post-secondary vocational-technical-occupational education" means any course or program beyond the high school level that results in, or may result in, the awarding of a two-year associate degree, certificate or other credential from an institution under the jurisdiction of the policy commission or other public or private education provider.

(c) "Adult basic education" means adult basic skills education designed to improve the basic literacy needs of adults, including information processing skills, communication skills, and computational skills, leading to a high school equivalency diploma, under the jurisdiction of the state board of education.

§18B-3A-5. Duties and responsibilities.

The joint commission has 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) Advise and assist the state board of education and the policy commission on state plans for secondary and post-secondary vocational-technical-occupational and adult basic education, including, but not limited to:

(1) Policies to strengthen vocational-technical-occupational and adult basic education;

(2) Programs and methods to assist in the improvement, modernization and expanded delivery of vocational-technical- occupational and adult basic education programs;

(3) 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-technical-occupational and adult basic education programs to help meet the public policy agenda;

(4) Collaboration, cooperation and interaction among all secondary and post-secondary vocational-technical-occupational and adult basic education programs in the state, including the programs assisted under the federal Vocational Education Act and the Workforce Investment Act, to promote the development of seamless curriculum, and the elimination of duplicative programs;

(5) Coordination of the delivery of vocational-technical- occupational and adult basic education in a manner designed to make the most effective use of available public funds to increase accessibility for students; and

(6) Encouraging through articulation the most efficient utilization of available resources, both public and private, to meet the needs of vocational-technical-occupational and adult basic education students.

(b) Analyze and report to the policy commission on the distribution of spending for vocational-technical-occupational and adult basic education in the state and on the availability of vocational-technical-occupational and adult basic education activities and services within the state.

(c) Promote the delivery of vocational-technical-occupational and adult basic education programs in the state which emphasize the involvement of business and labor organizations.

(d) Promote public participation in the provision of vocational-technical-occupational and adult basic education at the local level, with an emphasis on programs which involve the participation of local employers and labor organizations.

(e) Promote equal access to quality vocational-technical- occupational and adult basic education programs 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-technical-occupational education, and criminal offenders serving in correctional institutions.

(f) Assist the commission, the chief executive officer, the executive director for community and technical colleges and workforce development, and those institutions delivering community and technical college education, as defined in section two, article one, of this chapter in the successful and efficient development, coordination and delivery of community and technical college programs and services in the state.

(g) Under the supervision of the chief executive officer and the executive director for community and technical colleges and workforce development, the joint commission has the following additional powers and duties:

(1) To oversee the step-by-step implementation of the comprehensive community and technical college system of education provided in article three-c of this chapter;

(2) To interview nominees for appointments of community and technical college presidents or provosts and make recommendations to the chief executive officer, or in the case of a provost, to the institutional president;

(3) To review and make recommendations to the commission for the approval of the institutional compacts for the community and technical colleges;

(4) To make recommendations to the commission for approval of the administration and distribution of the independently accredited community and technical college development account;

(5) To ensure coordination among the community and technical colleges and other state-level, regional and local workforce entities, including, but not limited to, the human resource investment council and the West Virginia literacy council;

(6) To assist the community and technical colleges in establishing and promoting links with employers and labor in the responsibility regions of each community and technical college;

(7) To develop alliances among the community and technical colleges for resource sharing, joint development of courses and courseware, sharing of expertise and staff development;

(8) To provide a point for resolving issues relating to transfer and articulation between and among community and technical colleges, state colleges, and universities and to advise the commission on these issues; and

(9) To assist the commission in developing a statewide system of community and technical college programs and services to place- bound adults and employers in every region of West Virginia for competency-based certification of knowledge and skills, including a statewide competency-based associate degree program.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-1. Legislative findings.

(a) Findings. - The Legislature hereby finds:

(1) That community and technical colleges in every region of West Virginia are essential elements of a statewide strategy to prepare students for further post-secondary education, life long learning and development of the workforce necessary to diversify and grow the state's economy.

(2) That, despite progress in the past decade, West Virginia continues to lag behind neighboring states and the nation in the competitiveness of its workforce for the new economy. Specifically, West Virginia:

(A) Ranks fiftieth among the states in the preparation of its workforce for the new economy;

(B) Continues to have low rates of participation of high school graduates in post-secondary education and ranks last among competitor states in the proportion of high school graduates who attend a community college;

(D) Ranks tenth among eleven competitor states in the number of certificates and associate degrees granted.

(3) That, despite progress made in developing community and technical colleges pursuant to Senate Bill 547, chapter ninety- nine, acts of the Legislature, regular session, one thousand nine hundred ninety-five, hereinafter referred to as Senate Bill 547, most of these colleges remain subordinated to colleges and universities with four-year and graduate missions.

(4) That, while the number of high school graduates is declining and the needs of adults for further education and training is increasing, less than twenty-five per cent of the students enrolled in West Virginia institutions are under age twenty-five.

(5) That only half the enrollment in community and technical colleges is in institutions independently accredited to carry out that mission.

(6) That in most of the component community and technical colleges the majority of faculty are appointed and rewarded according to the policies of the four-year institution, not the community and technical college.

(7) That West Virginia is one of only five states in which most of the enrollment in associate degree programs is in institutions that are not independently accredited as two-year institutions.

(8) That the community and technical college mission in West Virginia continues to be seen by many as narrowly defined and offering primarily associate degree programs and not the critical functions of workforce development, developmental education, community outreach and regional economic development as defined in Senate Bill 547, chapter ninety-nine, acts of the Legislature.

(9) That half the community and technical college students in West Virginia pay the higher tuition and fees of the sponsoring four-year institution and not the lower rate of free-standing community and technical colleges.

(10) That, despite the needs of place-bound adults, adults in the workplace, and employers, current higher education financing policy provides strong disincentives for both free- standing and component community and technical colleges to provide off-campus programs and services.

(11) That Senate Bill 547 set forth a definition of the kinds of community and technical college programs or services that should be available and accessible in every region of West Virginia.

(12) That over the past forty years, West Virginia has debated forming a distinct system of community and technical colleges with a focused mission in each region of the state. However, the state already had a network of public colleges in each region and, because of severe resource limitation and low population density, West Virginia evolved a system of community and technical colleges that depends in large part on the existing four-year colleges to offer associate degrees and other community and technical college services. West Virginia has established only a limited number of freestanding community and technical colleges.

(13) That Senate Bill 547 sought to strengthen the state's community and technical colleges in a number of ways.

(14) That the implementation of specific structural and procedural provisions of Senate Bill 547 was decidedly mixed.

(15) That Senate Bill 547 had widely varying impact on the availability of community and technical college services throughout West Virginia. The scope of services in several regions of the state, especially those with component colleges, has fallen far short of the kind of comprehensive, dynamic services envisioned in Senate Bill 547.

(16) That since the enactment of Senate Bill 547 increasing attention has been given to the related priority of workforce development.

(17) That since the enactment of Senate Bill 547 changes have accelerated dramatically in post-secondary education demand and delivery systems.

(18) That the substantive goal of Senate Bill 547 to ensure access to community and technical college programs and services remains valid and is even more important today than five years ago.

(19) That there are essential conditions that must be met by each community and technical college in West Virginia in order to address the needs of the people of the state.

(20) That workforce development was a central theme in the establishment of district consortia that include multiple stakeholders to assess the workforce development needs of the various regions of the state and marshall resources to meet these needs.

(b) Legislative Intent. -- It is the intent of the Legislature, that the process for achieving independently- accredited community and technical colleges be achieved using the most effective and most efficient method available. In implementing this process the presidents and institutions of higher education should utilize facilities that currently exist. These include, but are not limited to, the facilities of public high schools and vocational education centers, work sites, industrial parks, libraries, brokering with other education and training whether public or private or in-state or out-of-state, and the use of technology. It is further the intent of the Legislature that this article not be implemented in such a manner as to require an extensive building program, except as deemed necessary by a system-wide facilities analysis. Prior to pursuing any capital project, an institution shall follow the guidelines for developing capital projects provided for in section four, article one-b of this chapter.
§18B-3C-2. Purposes of article.

The general purposes of this article are the following:

(a) To establish community and technical college education that is well articulated with the public schools, four-year colleges and other education and training providers; 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) To charge the respective presidents of state institutions of higher education with granting community and technical college education the administrative, programmatic and budgetary control necessary 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) To establish the essential conditions for community and technical college programs and services, as defined in section three of this article, necessary to insure that each region of West Virginia is served by a community and technical college meeting the needs of the people of the region;

(d) To establish a mechanism for assuring that, where applicable, a transition plan for meeting the essential conditions is developed by each relevant community and technical college;

(e) To establish geographic areas of responsibility for each of the community and technical colleges to ensure accountability that the full range of community and technical education programs and services are provided in all areas of the state;

(f) To define the full range of programs and services that every community and technical college has the responsibility to provide; and

(g) To establish such other policies and procedures necessary to ensure that the needs of West Virginia, its people and its businesses are met for the programs and services that can be provided through a comprehensive system of community and technical colleges.

§18B-3C-3. Essential conditions for community and technical college programs and services.

The Legislature hereby establishes the following essential conditions for community and technical college programs and services:

(a) Independent accreditation by the Commission on Institutions of Higher Education of the North Central Association of Colleges and Schools (NCA) reflecting external validation that academic programs, services, faculty, governance, financing, and other policies are aligned with the community and technical college mission of the institution;

(b) A full range of community and technical college services offered as specified in section seven of this article;

(d) A fee structure competitive with its peer institutions;

(e) Basic services, some of which may be obtained under contract with existing institutions in the region. These basic services shall include, but are not limited to, the following:

(1) Student services, including, but not limited to, advising, academic counseling, financial aid, and provision of the first line of academic mentoring and mediation;

(2) Instructional support services;

(3) Access to information and library services;

(4) Physical space in which courses can be offered;

(5) Access to necessary technology for learners, faculty and mentors;

(6) Monitoring and assessment; and

(7) Administrative services, including, but not limited to, registration, fee collection, and bookstore and other services for the distribution of learning materials;

(f) A president who is the chief academic and administrative officer of the community and technical college appointed and serving pursuant to the terms of section six, article one-b of this chapter;

(g) An institutional board of advisors appointed and serving as required by law;

(h) A full-time core faculty, complemented by persons engaged through contract or other arrangements, including college and university faculty, to teach community college courses, and qualified business, industry and labor persons engaged as adjunct faculty in technical areas;

(i) A faculty personnel policy, formally established to be separate and distinct from that of other institutions, which includes, but is not limited to, appointment, promotion, workload, and, if appropriate, tenure pursuant to section ten of this article. These policies shall be appropriate for the community and technical college mission and may not be linked to the policies of any other institution;

(j) Community and technical colleges designed and operating as open-provider centers with the authority and flexibility to draw on the resources of the best and most appropriate provider to ensure that community and technical college services are available and delivered in the region in a highly responsive manner. A community and technical college may contract with other institutions and providers as necessary to obtain the academic programs and resources to complement those available through a sponsoring college, where applicable, in order to meet the region's needs;

(k) Separately identified state funding allocations for each of the community and technical colleges. The president of the community and technical college has full budgetary authority for the entity, subject to accountability to the policy commission, including authority to retain all tuition and fees generated by the community and technical college for use to accomplish its mission; and

(l) Where independently-accredited community and technical colleges are linked administratively to a sponsoring state college or university in order to ensure efficient use of limited resources, the following conditions shall apply:

(1) The community and technical college shall be accredited separately from the sponsoring institution;

(2) All state funding allocations for the community and technical college shall be transferred directly to the community and technical college. The sponsoring institution may charge fees for administrative overhead costs subject to a schedule approved by the commission.

(3) Policies shall be formally established to ensure the separation of academic and faculty personnel policies of the community and technical college from those of the sponsoring institution. These policies include, but are not limited to, appointment, promotion, workload, and, if appropriate, tenure.
§18B-3C-4. Responsibility districts.

(a) Each community and technical college is hereby assigned a responsibility district, also referred to as "geographic areas of responsibility", in which it is responsible for providing the full array of community and technical college programs and services as defined in section eight of this article, addressing the public policy agenda, compact elements and goals for post- secondary education established in section one-a, article one of this chapter as they relate to community and technical colleges, and addressing other goals, which may be established by the commission. The responsibility districts shall be comprised of contiguous areas of the state that 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 and assigned to the designated community and technical colleges:

(1) West Virginia northern community and technical college - Ohio, Brooke, Hancock, Marshall, Tyler and Wetzel counties;

(2) West Virginia university at Parkersburg - Wood, Jackson, Pleasants, Ritchie, Roane, Tyler and Wirt counties;

(3) A community and technical college serving the Kanawha valley - Kanawha, Putnam, Clay, Cabell, Mason, Wayne and Fayette counties;

(4) Southern West Virginia community and technical college - Logan, Boone, Lincoln, McDowell, Mingo, and Wyoming counties;

(5) Bluefield state community and technical college - Mercer, Greenbrier, McDowell, Monroe, Pocahontas, and Summers counties;

(6) Glenville state community and technical college - Gilmer, Braxton, Calhoun, Clay, Lewis, Nicholas, Roane, Upshur and Webster counties;

(7) Fairmont state community and technical college - Marion, Doddridge, Harrison, Monongalia, Preston, Randolph, Taylor and Barbour counties;

(8) Shepherd community and technical college - Jefferson, Berkeley, Grant and Morgan counties;

(9) Eastern West Virginia community and technical college - Mineral, Grant, Hampshire, Hardy, Tucker and Pendleton counties; and

(10) The center for higher education and workforce development at Beckley - Raleigh, Summers and Fayette counties; and

(11) Potomac state college of West Virginia university - Mineral, Grant and Hardy counties.

(b) It is the intent of the Legislature that, where counties are listed in more than one district, the county shall be the joint responsibility of each community and technical college assigned that county, or shall be divided as determined by the commission. The boundaries of the districts may be modified from time to time by the commission to serve better the needs within the districts. Such modifications are not required to follow county boundaries.
§18B-3C-5.

Appointment of community and technical college presidents.

In the case of a free-standing community and technical college, the administrative head is the president who is employed by the policy commission. In the case of an administratively linked community and technical college, the administrative head is the president of the sponsoring institution. In the case of Glenville state college and Bluefield state college, the administrative head is the provost, employed by the president, pursuant to the terms of section six, article one-b, and section four, article three-a of this chapter. The president of a baccalaureate institution may not serve as either a president or provost of a community and technical college while serving as president of the baccalaureate institution.
§18B-3C-6. Community and technical college programs.

(a) The mission of each community and technical college includes the following programs which may be offered on or off campus, at the work site, in the public schools and at other locations, and 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, individual entrepreneurship skills, 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, literacy education, 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) Workforce 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, and literacy training; 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; and

(7) Cooperative arrangements with the public school system for the seamless progression of students through programs of study which are calculated to begin at the secondary level and conclude at the community and technical college level.

(b) All administrative, programmatic and budgetary control over community and technical education within the district shall be vested in the president or provost of the community and technical college, subject to rules adopted by the commission. The president and the provost, in consultation with the 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. It is the intent of the Legislature that the program review and approval process for community and technical education be separate and distinct from baccalaureate education and subject to the provisions of section ten of this article. The president and institutional board of advisors shall seek assistance from and utilize a district consortium committee in fulfilling this responsibility.

(c) Independently-accredited community and technical colleges will serve as higher education centers for their regions by brokering with colleges, universities and other providers, in state and out of state to ensure the coordinated access of students, employers, and other clients to needed programs and services.
§18B-3C-7. District consortia committees.
(a) The president or provost of each community and technical college shall form a district consortium committee, which shall include representatives, distributed geographically to the extent practicable, of the major community and technical 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 consortium committee shall be chaired by the president or provost, or his or her designee, and shall advise and assist the president or provost 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 workforce development needs of the district;

(2) Coordinating efforts with regional labor market information systems to identify the ongoing needs of business and industry, both current and projected, and to provide information to assist in an informed program of planning and decision making;

(3) Planning and development of a unified effort to meet the documented workforce development needs of the district through individual and cooperative programs, shared facilities, faculty, staff, equipment and other resources and the development and use of distance learning and other educational technologies;

(4) Regularly reviewing and revising curricula to ensure that the workforce needs are met, developing new programs and phasing out or modifying existing programs as appropriate to meet such needs, streamlining procedures for designing and implementing customized training programs and accomplishing such other complements of a quality comprehensive community and technical college; and

(5) Increasing the integration of secondary and post- secondary curriculum and programs that are targeted to meet regional labor market needs, including implementation of a comprehensive school-to-work transition system that accomplishes the following:

(A) Helps students focus on career objectives;

(B) Establishes cooperative programs and student internships with business and industry,

(C) Builds upon current programs such as high schools that work, tech prep associate degree programs, registered apprenticeships and rural entrepreneurship through action learning, and

(D) Addresses the needs of at-risk students and school dropouts;

(6) Planning and implementation of integrated professional development activities for secondary and post-secondary faculty, staff and administrators and other consortium partners throughout the district;

(7) Ensuring that program graduates have attained the competencies required for successful employment through the involvement of business, industry and labor in establishing student credentialing;

(8) Performance assessment of student knowledge and skills which may be gained from multiple sources so that students gain credit toward program completion and advance more rapidly without repeating course work in which they already possess competency;

(9) Cooperating with workforce development investment councils in establishing one-stop-shop career centers with integrated employment and training and labor market information systems that enable job seekers to assess their skills, identify and secure needed education training and secure employment and employers to locate available workers;

(10) 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

(11) Establishing a single point of contact for employers and potential employers to access education and training programs throughout the district.

(b) No later than the first day of December, two thousand two, the executive director for community and technical colleges and workforce development shall report to the legislative oversight commission on education accountability on any recommended changes in the role and responsibilities of the district consortia.

§18B-3C-8. Process for achieving independently-accredited community and technical colleges.

(a) Over a six-year period beginning the first day of July, two thousand one, West Virginia shall transition from having "component" community and technical colleges to having a statewide network of independently-accredited community and technical colleges serving every region of the state. This section does not apply to the freestanding community and technical colleges, West Virginia university at Parkersburg or the community college components of Bluefield state college and Glenville state college.

(b) To be eligible for funding from the independently- accredited community and technical college development account, a state institution of higher education shall be subject to the provisions of this section and demonstrate the following:

(1) That it has as a part of its institutional compact approved by the commission a step-by-step plan with measurable benchmarks for developing an independently-accredited community and technical college that meets the essential conditions set forth in section three of this article, except as limited in subdivisions (2) and (4), subsection (c) of this section;

(2) That it is making progress annually to the satisfaction of the commission toward accomplishing the benchmarks established in its institutional compact for developing an independently- accredited community and technical college; and

(3) That it has submitted a budget approved by the commission which sets forth a proposed plan of expenditures for funds allocated to it from the account.

(c) The following are recommended strategies for moving from the current arrangement of "component" community and technical colleges to the legislatively-mandated statewide network of independently-accredited community and technical colleges serving every region of the state. The Legislature recognizes that there may be other means to achieve this ultimate objective; however, it is the intent of the Legislature that the move from the current arrangement of "component" community and technical colleges to the legislatively-mandated statewide network of independently- accredited community and technical colleges serving every region of the state shall be accomplished. The following recommendations are designed to reflect significant variations among regions and the potential impacts on the sponsoring institutions.

(1) Community and technical college serving the Kanawha valley. - The community and technical college will be created as a new community and technical college built on the base of existing components at Marshall university, West Virginia state college and West Virginia university institute of technology as provided for in article three-f of this chapter.

(2) Bluefield state community and technical college. - Bluefield state community and technical college, including the Lewisburg center, should retain its relationship as a component of Bluefield state college. The president of Bluefield state college and the institutional board of advisors are accountable to the commission for ensuring that the full range of community and technical college services are available throughout the region and that the community and technical college adheres, as nearly as possible, to the essential conditions pursuant to section three of this article with the possible exception of independent accreditation. The commission shall appoint a separate institutional boards of advisors for Bluefield and Lewisburg, although these boards should have overlapping membership to promote coordination across the district. In addition to the other duties assigned to institutional boards of advisors, the boards would advise the president of Bluefield state college and the director of the Lewisburg center on a comprehensive assessment of the needs in the region, on coordinating efforts with regional labor market information systems, and on other areas as provided for institutional boards of advisors.

(3) Center for higher education and workforce development at Beckley. - The president of Bluefield state college and the institutional board of advisors are responsible, according to a plan approved by the commission, for the step-by-step implementation of a new independently-accredited community and technical college, known as the center for higher education and workforce development, which adheres to the essential conditions pursuant to section three of this article. As an independently- accredited community and technical college the center shall also serve as higher education center for its region by brokering with other colleges, universities and other providers, in state and out of state, both public and private, to ensure the coordinated access of students, employers, and other clients to needed programs and services. The new community and technical college shall serve Raleigh, Summers and Fayette counties and be headquartered in Beckley. The commission shall appoint an institutional board of advisors for the center at Beckley which is separate from the institutional board of advisors of Bluefield state college but may have some overlap in membership to facilitate coordination. In addition, the president of the center shall appoint a district consortia committee to advise the president on a comprehensive assessment of the needs in the region, on coordinating efforts with regional labor market information systems, and on other areas as provided for in section seven of this article relating to the duties of district consortia committees. The center shall facilitate the planning and development of a unified effort involving multiple providers and facilities including, but not limited to, Concord college, the college of West Virginia, Marshall university, West Virginia university, West Virginia university institute of technology, and other entities to meet the documented workforce development needs in the region: Provided, That nothing in this subdivision prohibits or limits any existing, or the continuation of any existing affiliation between the college of West Virginia, West Virginia university institute of technology, and West Virginia university. The center for higher education and workforce development at Beckley shall also provide the facilities and support services for other public and private institutions delivering courses, programs and services in Beckley. The objective would be to assure students and employers in the area that there would be coordination and efficient use of resources among the separate programs and facilities, existing and planned, in the Beckley area. If, at a future time, the commission believes it appropriate, it may recommend to the Legislature that the Beckley institution be created as a freestanding institution.

(4) Glenville state community and technical college. - Glenville state community and technical college, including the centers in Nicholas, Lewis and Roane counties, should retain its relationship as a component of Glenville state college. The president of Glenville state college and the governing board are accountable to the commission for ensuring that the full range of community and technical college services are available throughout the region and that the community and technical college adheres as nearly as possible to the essential conditions pursuant to section three of this article, with the possible exception of independent accreditation.

(5) Fairmont state community and technical college. - Fairmont state community and technical college should be an independently-accredited community and technical college serving Marion, Doddridge, Barbour, Harrison, Monongalia, Preston, Randolph, and Taylor counties. The community and technical college is developed on the base of the existing component community and technical college of Fairmont state college. The president of Fairmont state college and the governing board are responsible, according to a plan approved by the commission, for step-by-step implementation of the independently-accredited community and technical college which adheres to the essential conditions pursuant to section three of this article. The community and technical college will remain administratively linked to Fairmont state college to reduce costs in areas such as personnel management, records, payroll, accounting, legal services, registration, student records, library services and other areas. Nothing herein shall be construed to require Fairmont state college to discontinue any associate degree program in areas of particular institutional strength, which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.

(6) Shepherd community and technical college. - Shepherd community and technical college should become an independently- accredited community and technical college. It should serve Jefferson, Berkeley, and Morgan counties. The new community and technical college is developed on the base of the existing component community and technical college of Shepherd college. The president of Shepherd college and the governing board are responsible, according to a plan approved by the commission, for step-by-step implementation of the new independently-accredited community and technical college which adheres to the essential conditions pursuant to section three of this article. The community and technical college will remain administratively linked to Shepherd state college to reduce costs in areas such as personnel management, records, payroll, accounting, legal services, registration, student records, library services and other areas. Nothing herein shall be construed to require Shepherd state college to discontinue any associate degree program in areas of particular institutional strength, which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.

(7) Potomac state college of West Virginia university. - Potomac state college of West Virginia university should increase the transfer function for students intending to transfer to West Virginia university and strengthen the current responsibility for serving as a regional learning center in collaboration with other institutions. The commission shall assess the vision of this institution with respect to its status as a two-year residential junior college branch of West Virginia university.
§18B-3C-9. Increasing flexibility for community and technical colleges.

(a) Notwithstanding any rules or procedures of the former governing boards or of the presidents to the contrary, the community and technical colleges have the authority and the duty to:

(1) Incorporate the most effective and efficient use of technology in accessing and delivering courses and programs in order to make the best use of available resources and to control costs;

(2) Incorporate a model to offer occupational program curricula in smaller modules to accommodate specific student and employer needs and to gain sufficient flexibility in formatting courses;

(3) Serve as a facilitator for education programs from outside delivery sources to meet the needs of the residents and employers of the district; and

(4) Employ faculty in the most effective manner to serve the core mission of the community and technical college.

(A) To that end, the freestanding community and technical colleges may employ faculty for an indefinite period without a grant of tenure and shall work toward a staffing goal of no more than twenty percent of the faculty holding tenure or being tenure- track employees: Provided, That tenured faculty employed by the freestanding community and technical colleges before the first day of July one thousand nine hundred ninety-nine are not affected by this provision.

(B) All community and technical colleges, other than those set forth in paragraph (A) of this subdivision, may employ faculty for an indefinite period without a grant of tenure. The immediate goal is to use this provision as a tool to assist the community and technical colleges in meeting the essential conditions provided for in section three of this article and in gaining independent accreditation status. The ultimate goal is to provide the flexibility community and technical colleges need to meet the needs of the state by working toward having no more than twenty percent of the core faculty holding tenure or being tenure-track employees: Provided, That tenured faculty employed by community and technical colleges other than freestanding community and technical colleges on the effective date of this section may not be affected by this provision: Provided, however, That tenure may not be denied to a faculty member solely as a result of a change in employing institution necessitated by the change to independently-accredited community and technical colleges.

(b) The policy commission shall adopt a model of program approval for the community and technical colleges that permits occupational programs to be customized to meet needs without requiring approval by any other agency of government and, furthermore, that incorporates a post-audit review of such programs on a three-year cycle to determine the effectiveness of such programs in meeting district needs.

(c) The policy commission shall promulgate rules to implement the provisions of this section and shall file these rules for review and approval with the chief executive officer no later than the first day of December, two thousand.

§18B-3C-10. Community and technical colleges;

tuition and fees.

(a) The president, in consultation with the institutional board of advisors, shall fix tuition and establish and set such other fees to be charged students at community and technical colleges as he or she considers 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 president in consultation with the institutional board of advisors also may 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 in the state treasury and used only for the purposes for which collected.

(b) As used in this section, "president" means:

(1) In the case of a freestanding community and technical college, the president of the institution;

(2) In the cases of Glenville community and technical college and Bluefield community and technical college, the president of Glenville state college and Bluefield state college, respectively; and

(3) In all other cases, the president of the administratively linked community and technical college.

(c) All tuition and fee charges in the total aggregate shall comply with the terms of the institutions compact approved by the policy commission based on peer comparisons or cost of instruction as set forth in the goals for post-secondary education pursuant to section one-a, article one of this chapter.

(d) A community and technical college may contract with any other state institution of higher education for the participation of its students in programs, activities or services of the other institution and for the use of such fees collected.
§18B-3C-11.

Shared facilities and resources; memoranda of agreements; and joint administrative boards.

(a) To the maximum extent feasible, community and technical colleges shall be developed as multi-site institutions utilizing existing facilities, including cooperative use of existing vocational education institutes and centers, offering services on the campuses of existing baccalaureate and graduate institutions, at work sites in collaboration with employers and other appropriate venues. Subject to the limitation of section four, article one-b of this chapter, new public capital investment in physical facilities shall be kept to a minimum. All community and technical colleges shall have missions encompassing the full range of services and programs.

(b) The president, on behalf of the institution, may accept federal grants and funds from county boards of education, other local governmental bodies, corporations or persons. The president may enter into memoranda of understanding agreements with such governmental bodies, corporations or persons for the use or acceptance of local facilities and for 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 president for the use by the community and technical college and the president 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. In addition, the various educational agencies shall establish cooperative relationships to utilize existing community and technical colleges and programs, public school vocational centers and other existing facilities to serve the identified needs within the community and technical college district.

(c) To facilitate the administration, operation and financing of programs in shared facilities of any institution of public higher education and a county board or boards of education, the affected president 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 consider necessary and prudent for the operation of such shared facilities. Such joint administrative boards, as an example, may consist of five members appointed as follows: The county board of education appoints two members; the president shall appoints two members; and one at-large member, who shall chair the joint administrative board, is appointed by mutual agreement of the board and the president. When two or more county boards of education are participating in such shared program, such county board appointments would be made by mutual agreement of each of the participating county boards. Members would 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 would serve for one year, one member appointed by the county board or boards of education and one member appointed by the governing board would serve for two years and the at-large member would serve for three years. Subsequent appointments should be for three years. A member would not serve more than two consecutive terms. Members would 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 would be reimbursed by their employer.
§18B-3C-12. Establishment of community and technical colleges.

Notwithstanding any other provision of this code to the contrary, any institution or entity may establish a community and technical college in any location in the state, without the approval of the policy commission. Any such newly established community and technical college will be established with the resources of the institution and without any additional appropriation by the Legislature, and is required to meet all essential conditions pursuant to section three, article three-c of this chapter. Student tuition and fees charged at any community and technical college may not exceed the rate established for peer institutions by the policy commission.
ARTICLE 3F. COMMUNITY AND TECHNICAL COLLEGE SERVING THE KANAWHA VALLEY.

§18B-3F-1. Legislative intent and findings.

(a) Legislative Intent. -- By establishing the community and technical college serving the Kanawha valley, the following is the intent of the Legislature:

(1) To focus on the benefits available to the Kanawha valley and to the state of providing quality community and technical college education; and

(2) To create a community and technical college to serve as a delivery platform for higher education in the Kanawha valley.

(b) Findings. -- The Legislature finds the following:

(1) That the Kanawha valley is an area of the state that is under-served for community and technical college education and that deserves more convenient access to higher education opportunities, including access to workforce development programs;

(2) That, in order to satisfy the growing needs of the Kanawha valley region for access to quality higher education programs, the community and technical college serving the Kanawha valley must meet the goals for comprehensive community and technical college education described in section two, article three-c of this chapter and must meet the essential conditions for a comprehensive community and technical college education as described in section three, article three-c of this chapter.

§18B-3F-2. Establishment and operation of the community and technical college serving the Kanawha valley; authority and duty to purchase property, expend appropriations and conduct programs.

(a) There is hereby established a community and technical college serving the Kanawha valley, to be named by the policy commission, and to be built on the bases of the existing components at Marshall university, West Virginia state college and West Virginia university institute of technology. The central administration of the college shall be located in the greater Charleston metropolitan area.

(b) The community and technical college serving the Kanawha valley shall be developed as a multi-site institution with alliances with the vocational education institutes and centers in the region and shall endeavor to make maximum use of existing resources and facilities on the campuses of Marshall university, West Virginia state college and West Virginia university institute of technology. The policy commission shall work cooperatively with representatives from the sponsoring institutions and the current community and technical college components of West Virginia state college, Marshall university and West Virginia university institute of technology, to determine the structure and mission of the independently accredited community and technical college serving the Kanawha valley.

(c) The president and institutional board of advisors shall be appointed pursuant to the provisions of this chapter, and are responsible, according to a plan approved by the policy commission, for step-by-step implementation of the new independently-accredited community and technical college which will adhere to the essential conditions pursuant to section three, article three-c of this chapter.

(d) The component community and technical colleges at Marshall university, West Virginia state college and West Virginia university institute of technology shall migrate from their current status to the independently accredited community and technical college serving the Kanawha valley: Provided, That nothing herein prohibits West Virginia state college from offering associate degree programs through a component community college. Pursuant to an approved compact with the policy commission, West Virginia university institute of technology shall retain selected associate degree programs in engineering and technology that require high levels of proficiency in mathematics and science or are integrated with its baccalaureate programs. Nothing herein may be construed to require Marshall university, West Virginia state college and West Virginia university institute of technology to discontinue any associate degree program in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.

ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-2. Employment of chief of operations; executive director for community and technical colleges and workforce development; executive director for health sciences research and development; central office; powers and duties generally.

(a) With the consent of the commission, the chief executive officer shall employ a chief of operations who serves at the will and pleasure of the chief executive officer. Any reference in this code to the senior administrator means the chief of operations, which senior administrator shall become the chief of operations. The chief of operations is responsible for the duties and obligations assigned to the senior administrator.

~~(a)~~ (b) The ~~senior administrator~~ chief of operations has a ministerial duty, in consultation with and under direction of the ~~chancellors~~ chief executive officer, to perform such functions, tasks and duties as may be necessary to carry out the policy directives of the ~~governing boards~~ commission and such other duties as may be prescribed by law.

~~(b)~~ (c) The ~~senior administrator~~ chief of operations 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~~ considered desirable and appropriate. The ~~senior administrator~~ chief of operations 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 the article as well as all other rights and privileges accorded classified employees by the provisions of this code.

(d) On the effective date of this section, the office of the senior administrator and all personnel employed on the thirtieth day of June, two thousand, within the higher education central office, the West Virginia network for educational telecomputing, and the offices of the chancellor of the board of trustees and the chancellor of the board of directors, shall be transferred to the jurisdiction of the chief executive officer: Provided, That prior to the first day of October, two thousand, no employee shall be terminated or have his or her salary and benefit levels reduced as the sole result of the governance reorganization that becomes effective on the first day of July, two thousand.

~~(c)~~ (e) The ~~senior administrator~~ chief of operations shall follow state and national education trends and gather data on higher education needs.

~~(d)~~ (f) The ~~senior administrator~~ chief of operations, in accordance with established guidelines and in consultation with and under the direction of the ~~chancellors~~ chief executive officer 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)~~ (g) The ~~senior administrator~~ chief of operations has a fiduciary responsibility to administer the tuition and registration fee capital improvement revenue bond accounts of the governing boards.

~~(f)~~ (h) The ~~senior administrator~~ chief of operations shall administer the purchasing system or systems of the ~~governing boards~~ commission, the chief executive officer, and the respective state institutions of higher education: Provided, That the chief executive officer may at his or her discretion delegate authority for the administration systems or portions thereof to the institution presidents.

~~(g)~~ (i) The ~~senior administrator~~ chief of operations ~~shall be~~ is responsible for the management of the West Virginia network for educational telecomputing (WVNET). The ~~senior administrator~~ chief of operations shall establish a computer ~~policy board~~ advisory board, which shall be representative of ~~both the university system and the college system~~ higher education and other users of the West Virginia Network for Educational Telecomputing as the chief executive officer. It ~~shall be~~ is the responsibility of the computer ~~policy board~~ advisory board to recommend to the ~~secretary of the department of education and the arts~~ chief executive officer policies for a statewide shared computer system.

(j) The central office, under the direction of the chief of operations, shall provide necessary staff support to the commission and the chief executive officer.

~~(h)~~ (k) The chief of operations shall administer any program or service authorized or required to be performed by the ~~governing boards~~ board of trustees or the board of directors prior to the effective date of this section and not specifically assigned to ~~the board of trustees or the board of directors may be administered by the senior administrator~~ another agency, or, with the approval of the policy commission, may assign the responsibility for such administration to another agency or institution under the jurisdiction of the policy commission. In addition, the chief of operations shall administer any program or service authorized or required to be performed by the commission or the chief executive officer, but not assigned specifically to the commission or the chief executive officer. 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.

(l) With the consent of the commission, the chief executive officer shall employ an executive director for community and technical colleges and workforce development, who serves at the will and pleasure of the chief executive officer, and whose duties include the general supervision of the joint commission for vocational-technical-occupational education, as provided in article three-a of this chapter, and such other duties as assigned. Any reference in this code to the vice chancellor for community and technical colleges means the executive director for community and colleges and workforce development, which vice chancellor shall become the executive director for community and technical colleges and workforce development. The executive director is responsible for the duties and obligations assigned to the vice chancellor for community and technical colleges.

(m) With the consent of the commission, the chief executive officer shall employ an executive director for health sciences research and development, who serves at the will and pleasure of the chief executive officer. Any reference in this code to the vice chancellor for health sciences means the executive director for health sciences research and development, which vice chancellor shall become the executive director for health sciences research and development. The executive director is responsible for the duties and obligations assigned to the vice chancellor for health sciences, and for coordinating, facilitating and overseeing the impact of health sciences programs on the health needs of the state, with particular emphasis on rural health.
§18B-4-8.

West Virginia anatomical board; powers and duties relating to anatomical gifts; requisition of bodies; autopsies; transportation of bodies; expenses of preservation; bond required; offenses and penalties.

(a) There is hereby established the "West Virginia Anatomical Board" which consists of the following four members: (1) The dean of the school of dentistry, West Virginia university; (2) the chairperson of the department of anatomy, West Virginia university; (3) the chairperson of the department of anatomy, school of medicine, Marshall university; and (4) the dean of the school of medicine, West Virginia school of osteopathic medicine.

(b) The board shall have authority to appoint such officers, employees and agents as may be necessary to carry out the purposes for which the board is organized. It shall keep a full and complete record of its transactions, showing, among other things, every dead human body coming under its authority, giving name, sex, age, date of death, place from which received, and when and from whom received, which record shall be open at all times to the inspection of the attorney general and any prosecuting attorney in the state.

(c) The board shall be responsible for making requisition for, receiving, and making disposition of the dead human bodies for the scientific uses and purposes of reputable educational institutions, within the state and elsewhere, having medical, osteopathy, dentistry or nursing schools. The board shall have full power to establish rules for its own government and for the requisition, use, disposition and control of such bodies as may come under its authority by way of gift, pursuant to this section or pursuant to section four, article nineteen, chapter sixteen of this code.

(d) All dead human bodies which may come under the charge or control of any mortician, any officer or agent of the department of welfare or of any county commission or municipality, or any superintendent, officer or agent having the supervision of any prison, morgue, hospital, or other public institution in this state, and which may be required to be buried at public expense, shall be subject to the requisition of the board as provided in this section. No such body shall be delivered to the board if any person related to the deceased by blood or marriage shall make a statement in writing to that effect, and shall claim such body for burial, or shall make affidavit that the relative is unable to bear the expense of burial and desires that the deceased be buried at public expense. This statement and affidavit may be filed by any such relative with the person having charge and control of the body of the person so claimed, either before or after the death of such person.

(e) No autopsy shall be performed on any unclaimed body without the written permission of the board, except upon the proper order of a duly authorized law-enforcement officer.

(f) It shall be the duty of any person who has charge or control of any unclaimed body, subject to requisition by the board, to give notice to the board of that fact by telephone or telegraph within twenty-four hours after such body comes under that person's control. Thereafter, such person shall hold the body subject to the order of the board for at least twenty-four hours after the sending of such notice. If the board makes requisition for the body within the twenty-four hour period, it shall be delivered, pursuant to the order of the board, to the board or its authorized agent for transportation to any educational institution which the board considers to be in bona fide need of the body and able to adequately control, use and dispose of the body. The board shall make suitable arrangements for the transportation of any body, or part or parts of any body, which may come under its authority to the educational institution. All expenses incurred in connection with the preservation, delivery and transportation of any body delivered pursuant to the order of the board shall be paid by the educational institution receiving the body.

(g) No dead body may be received or requisitioned by the board until the members of the board have filed a bond with the clerk of the circuit court of Kanawha County in a penalty of one thousand dollars, with good security, signed by a responsible person or persons, or by some surety company authorized to do business in this state, or have proved to the clerk that they are covered by a suitable bond in at least that amount, conditioned for the faithful performance of their duties.

(h) Any person who neglects, refuses or fails to perform any duty required by this section relating to the board is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county or regional jail for not more than ten days, or by both such fine and imprisonment. Any person who fails to give the required notice that that person has charge of an unclaimed body subject to requisition by the board shall also be personally liable for all burial expenses, if such body was buried at public expense, to the public agency that paid for the burial.

ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.

§18B-5-3. Authority to contract for programs, services and facilities.

The ~~governing boards are~~ education policy commission is authorized and empowered to enter into contracts and expend funds for programs, services and facilities provided by public and private educational institutions, associations, boards, agencies, consortia, corporations, partnerships, individuals and local, state and federal governmental bodies within and outside of West Virginia in order that maximum higher educational opportunities of high quality may be provided to the citizens of the state in the most economical manner: Provided, That in no event ~~shall~~ may a contract for such services and facilities be entered into unless the ~~governing boards have~~ education policy commission has determined that such services and facilities are necessary and that such services and facilities would be at a savings to the state.

Notwithstanding the provisions of this section, nothing herein contained shall supersede the responsibility and respective duties of the commissioner of finance and administration, and the director of the purchasing division of such department ~~and the attorney general~~ for the execution ~~and approval~~ of the contracts entered into under this article and such contracts shall be in complete conformity with the provisions of articles three and five, chapter five-a of this code.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment and printing.

(a) ~~Each governing board, through the senior administrator~~ The education policy commission, through the chief of operations, shall purchase or acquire all materials, supplies, equipment and printing required for ~~that board~~ the policy commission, and the state institutions of higher education under its jurisdiction. The ~~governing boards~~ policy commission shall adopt rules governing and controlling acquisitions and purchases in accordance with the provisions of this section. Such rules shall assure that the ~~governing board~~ policy commission: (1) ~~Shall~~ Does not preclude any person from participating and making sales thereof to the ~~board~~ policy commission except as otherwise provided in section five of this article: Provided, That the providing of consultant services such as strategic planning services will not preclude or inhibit the ~~governing boards~~ policy commission from considering any qualified bid or response for delivery of a product or a commodity because of the rendering of those consultant services; (2) shall establish and prescribe specifications, in all proper cases, for materials, supplies, equipment and printing to be purchased; (3) shall adopt and prescribe such purchase order, requisition or other forms as may be required; (4) shall negotiate for and make purchases and acquisitions in such quantities, at such times and under contract, in the open market or through other accepted methods of governmental purchasing as may be practicable in accordance with general law; (5) shall advertise for bids on all purchases exceeding fifteen thousand dollars, to purchase by means of sealed bids and competitive bidding or to effect advantageous purchases through other accepted governmental methods and practices: Provided, however, That for printing services, bids shall be advertised by written notification of such bids to any print shop, affiliated with an institution of higher education and operated by classified employees, on all purchases exceeding five thousand dollars; (6) shall post notices of all acquisitions and purchases for which competitive bids are being solicited in the purchasing office of the specified institution involved in the purchase, at least two weeks prior to making such purchases and ensure that the notice is available to the public during business hours; (7) shall provide for purchasing in the open market; (8) shall make provision for vendor notification of bid solicitation and emergency purchasing; and (9) provide that competitive bids ~~shall not be~~ are not required for purchases of one thousand dollars or less.

(b) ~~Each governing board, through the senior administrator,~~ The education policy commission, through the chief of operations, may issue a check in advance to a company supplying postage meters for postage used by ~~that board~~ the policy commission and by the state institutions of higher education under its jurisdiction.

(c) When a purchase is to be made by bid, any or all bids may be rejected. However, all purchases based on advertised bid requests shall be awarded to the lowest responsible bidder taking into consideration the qualities of the articles to be supplied, their conformity with specifications, their suitability to the requirements of the ~~governing boards~~ policy commission and delivery terms: Provided, That the preference for resident vendors as provided in section thirty-seven, article three, chapter five-a of this code shall apply to the competitive bids made pursuant to this section.

(d) The ~~governing boards~~ policy commission shall maintain a purchase file, which shall be a public record and open for public inspection. After the award of the order or contract, the ~~governing boards~~ policy commission shall indicate upon the successful bid that it was the successful bid, and shall further indicate why bids are rejected and, if the mathematical low vendor is not awarded the order or contract, the reason therefor. No records in the purchase file shall be destroyed without the written consent of the legislative auditor. Those files in which the original documentation has been held for at least one year and in which the original documents have been reproduced and archived on microfilm or other equivalent method of duplication may be destroyed without the written consent of the legislative auditor. All files, no matter the storage method, shall be open for inspection by the legislative auditor upon request.

(e) The ~~governing boards~~ policy commission shall also adopt rules to prescribe qualifications to be met by any person who is to be employed as a buyer pursuant to this section. These rules shall require that no person may be employed as a buyer unless that person, at the time of employment, either is: (1) A graduate of an accredited college or university; or (2) has at least four years' experience in purchasing for any unit of government or for any business, commercial or industrial enterprise. Any person making purchases and acquisitions pursuant to this section shall execute a bond in the penalty of fifty thousand dollars, payable to the state of West Virginia, with a corporate bonding or surety company authorized to do business in this state as surety thereon, in form prescribed by the attorney general and conditioned upon the faithful performance of all duties in accordance with sections four through eight of this article and the rules of the ~~governing boards~~ policy commission. In lieu of separate bonds for such buyers, a blanket surety bond may be obtained. Any such bond or bonds shall be filed with the secretary of state. The cost of any such bond or bonds shall be paid from funds appropriated to the ~~applicable governing board~~ policy commission.

(f) All purchases and acquisitions shall be made in consideration and within limits of available appropriations and funds and in accordance with applicable provisions of article two, chapter five-a of this code, relating to expenditure schedules and quarterly allotments of funds.

(g) The ~~governing boards~~ policy commission may make requisitions upon the auditor for a sum to be known as an advance allowance account, in no case to exceed five percent of the total of the appropriations for the ~~board~~ policy commission, and the auditor shall draw a warrant upon the treasurer for such accounts; and all such advance allowance accounts shall be accounted for by the ~~applicable governing board~~ policy commission once every thirty days or more often if required by the state auditor. ~~Such authority shall not be delegated to any state institution under the control and supervision of the board.~~

(h) Contracts entered into pursuant to this section shall be signed by the ~~applicable governing board~~ policy commission in the name of the state and shall be approved as to form by the attorney general: Provided, That a contract in which the total does not exceed five thousand dollars and for which the attorney general has not responded within fifteen days of presentation of the contract, the contract shall be deemed approved: Provided, however, That a contract or a change order for that contract which in total does not exceed fifteen thousand dollars and which uses terms and conditions or standardized forms previously approved by the attorney general and does not make substantive changes in the terms and conditions of the contract does not require approval by the attorney general: Provided, ~~however~~ further, That the attorney general shall make a list of those changes which he or she deems to be substantive and the list, and any changes thereto, shall be published in the state register A contract that exceeds fifteen thousand dollars shall be filed with the state auditor: ~~Provided~~ And provided further, That upon request, the ~~governing boards~~ policy commission shall make all contracts available for inspection by the state auditor. The ~~governing board~~ policy commission shall prescribe the amount of deposit or bond to be submitted with a bid or contract, if any, and the amount of deposit or bond to be given for the faithful performance of a contract. If the ~~governing board~~ policy commission purchases or contracts for materials, supplies, equipment and printing contrary to the provisions of sections four through seven of this article or the rules pursuant thereto, such purchase or contract shall be void and of no effect.

(i) ~~Either governing board~~ The policy commission may request the director of purchases to make available, from time to time, the facilities and services of that department to the ~~board~~ commission in the purchase and acquisition of materials, supplies, equipment and printing, and the director of purchases shall cooperate with ~~that governing board~~ the policy commission in all such purchases and acquisitions upon such request.

(j) ~~Each governing board~~ The policy commission shall permit private institutions of higher education to join as purchasers on purchase contracts for materials, supplies and equipment entered into by ~~that governing board~~ the policy commission. Any private school desiring to join as purchasers on such purchase contracts shall file with ~~that governing board~~ the policy commission an affidavit signed by the president of the institution of higher education or a designee requesting that it be authorized to join as purchaser on purchase contracts of ~~that governing board~~ the policy commission and agreeing that it will be bound by such terms and conditions as ~~that governing board~~ the policy commission may prescribe, and that it will be responsible for payment directly to the vendor under each purchase contract.

(k) Notwithstanding any other provision of this code to the contrary, the ~~governing boards~~ policy commission may make purchases from the federal government or from federal government contracts if the materials, supplies, equipment or printing to be purchased is available from the federal government or from a federal contract and purchasing from the federal government or from a federal government contract would be the most financially advantageous manner of making the purchase.

(l) An independent performance audit of all purchasing functions and duties which are performed at any institution of higher education shall be performed each fiscal year. The joint committee on government and finance shall conduct the performance audit and the ~~governing boards~~ policy commission shall be responsible for paying the cost of the audit from funds appropriated to the ~~governing boards~~ policy commission.

(m) The ~~governing boards~~ policy commission shall require each institution under ~~their respective~~ its jurisdiction to notify and inform every vendor doing business with that institution of the provisions of section fifty-four, article three, chapter five-a of this code, also known as the "Prompt Pay Act of 1990".

(n) Consultant services, such as strategic planning services, ~~shall~~ may not preclude or inhibit the ~~governing boards~~ policy commission from considering any qualified bid or response for delivery of a product or a commodity because of the rendering of those consultant services.
ARTICLE 6. ADVISORY BOARDS.
§18B-6-1. Institutional boards of advisors.

(a) There is established at each state institution of higher education, hereinafter referred to as the "institution", including centers and branches thereof, an institutional board of advisors. The board of advisors consists of fifteen members, including an administrative officer of the institution appointed by the president of the institution; a full-time member of the faculty with the rank of instructor or above duly elected by the faculty; a member of the student body in good academic standing, enrolled for college credit work and duly elected by the student body; a member of the institutional classified staff duly elected by the classified staff; eleven lay persons who have demonstrated a sincere interest in and concern for the welfare of that institution and who are representative of its population and fields of study. Provided, That in the case of a community and technical college, the eleven lay members shall be appointed from the membership of the institution's district consortia committee. Three of those eleven lay members are appointed by the chief executive officer. Eight of those lay members are appointed by the president of the institution. At least four of the eleven lay persons appointed shall be residents of the state. Of the lay members who are residents of the state, at least two shall be alumni of the institution, and no more than a simple majority may be of the same political party.

The administrative officer and student member serve for a term of one year; the faculty member and the classified staff member serve for a term of two years and the eleven lay members serve terms of four years each. All members, except the administrative officer, are eligible to succeed themselves for no more than one additional term. A vacancy in an unexpired term of a member shall be filled within sixty days of the occurrence thereof in the same manner as the original appointment or election. Except in the case of a vacancy, all elections shall be held and all appointments shall be made no later than the thirtieth day of April preceding the commencement of the term.

Each board of advisors shall hold a regular meeting at least quarterly, commencing in July of each year. Additional meetings may be held upon the call of the chairman, president of the institution or upon the written request of at least four members. A majority of the members constitutes a quorum for conducting the business of the institutional board of advisors.

(b) One of the eleven lay members shall be elected as chairman by the board of advisors in July of each year: Provided, That no member may serve as chairman for more than two consecutive years at a time.

The president of the institution shall make available resources of the institution for conducting the business of the board of advisors. The members of the board of advisors serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties under this section upon presentation of an itemized sworn statement thereof. All expenses incurred by the board of advisors and the institution under this section shall be paid from funds allocated to the institution for that purpose.

(c) The board of advisors shall review, prior to the submission by the president to the policy commission, all proposals of the institution in the areas of mission, academic programs, budget, capital facilities and such other matters as requested by the president of the institution or the policy commission or otherwise assigned to it by law. The institutional board of advisors shall comment on each such proposal in writing, with such recommendations for concurrence therein or revision or rejection thereof as it considers proper. The written comments and recommendations shall accompany the proposal to the policy commission and the policy commission shall include the comments and recommendations in its consideration of and action on the proposal. The policy commission shall promptly acknowledge receipt of the comments and recommendations and shall notify the institutional board of advisors in writing of any action taken thereon.

(d) The institutional board of advisors shall review, prior to their implementation by the president, all proposals regarding institution-wide personnel policies. The board of advisors may comment on the proposals in writing.

(e) The board of advisors shall provide advice and assistance to the president in establishing closer connections between higher education and business, labor, government, community and economic development organizations to give students greater opportunities to experience the world of work, such as business and community service internships, apprenticeships and cooperative programs; to communicate better and serve the current work force and work force development needs of their geographic area of responsibility, including the needs of nontraditional students for college-level skills upgrading and retraining and the needs of employers for specific programs of limited duration; and to assess the performance of the institution's graduates and assist in job placement. The administrative officer of the institution serving on the advisory council may be assigned the responsibility for coordinating the institution's activities related to economic development.

(f) Upon the occurrence of a vacancy in the office of president of the institution, the institutional board of advisors shall serve as a search and screening committee for candidates to fill the vacancy under guidelines established by the policy commission. When serving as a search and screening committee, the board of advisors and the policy commission are each authorized to appoint up to three additional persons to serve on the committee as long as the search and screening process is in effect. The three additional appointees of the board of advisors shall be faculty members of the institution. Only for the purposes of the search and screening process, the additional members shall possess the same powers and rights as the regular members of the institutional board of advisors, including reimbursement for all reasonable and necessary expenses actually incurred. Following the search and screening process, the committee shall submit the names of at least three candidates to the policy commission for consideration and appointment. If the policy commission rejects all candidates submitted, the committee shall submit the names of at least three additional candidates, and this process shall be repeated until the policy commission appoints one of the candidates submitted. The policy commission shall provide all necessary staff assistance to the board of advisors in its role as a search and screening committee.

(g) The institutional board of advisors has the following additional duties:

(1) The responsibility to develop the institutional compacts for their respective institutions under the guidance and direction of the commission pursuant to section two, article one-a of this chapter;

(2) The authority to participate in any orientation or leadership training or education opportunities provided or arranged by the commission;

(3) Consult with the president of the institution in the preparation by the president of an institutional compact for submission to the commission;

(4) Propose to the commission the total compensation package from all sources for the president of the institution;

(5) Consult with the president of the institution in the promulgation of rules by the president;

(6) Submit to the commission a list of candidates for president of the institution pursuant to the provisions of this section;

(7) By lead of the chief of operations, conduct written performance evaluations of the president in every fourth year of employment as president, recognizing unique characteristics of the institution and utilizing institutional personnel and persons knowledgeable in higher education matters who are not otherwise employed by the president. A part of the evaluation shall be a determination of the success of the institution in meeting the requirements of its institutional compact;

(8) Consult with the president in the performance of his or her presidential powers and duties, as provided in section one, article two-a of this chapter;

(9) Consult with the president, or provost where appropriate, in their regular review, revision, elimination and establishment of programs within their geographic area of responsibility to assure that the needs of the area are met. In the case of community and technical colleges the president or provost and institutional board of advisors shall seek assistance from and utilize a district consortium committee in fulfilling this responsibility;

(10) In the case of community and technical colleges, share accountability with the president of the institution to the commission for ensuring that the full range of community and technical college services are available throughout the geographic area of responsibility and that the community and technical college adheres, as nearly as possible, to the essential conditions pursuant to section three, article three-c of this chapter, with the possible exception of independent accreditation;

(11) Advise the president on a comprehensive assessment of the needs in the geographic area of responsibility, on coordinating efforts with regional labor market information systems, and on other areas as provided for institutional boards of advisors;

(12) Share responsibility with the president of the institution to the commission, and according to a plan approved by the commission, for the step-by-step implementation of the new independently-accredited community and technical colleges, as provided in article three-c of this chapter;

(13) Share responsibility with the president of the institution to the commission, and according to a plan approved by the commission, for meeting the terms of the institutional compact throughout their geographic area of responsibility;

(14) Consult with the president in fixing tuition and establishing and setting such other fees to be charged students at community and technical colleges;

(15) Consult with the president in establishing special fees for such purposes as provided in section ten, article three-c of this chapter; and

(16) Consult with the president of the institution in establishing and operating a bookstore at the institution.
§18B-6-1a. Institutional boards of advisors; meetings.

(a) The institutional boards of advisors shall hold at least six meetings in every fiscal year, including an annual meeting each June: Provided, That an annual meeting for the purpose of selecting the first chairperson and other officers shall be held during July, two thousand. The president of the appropriate institution shall call the first meeting of the institutional boards of advisors in July, two thousand one or as soon thereafter as practicable and preside until officers are elected. Officers elected in July, two thousand one shall begin their terms upon election and shall serve until the thirtieth day of June the following year. Of the twelve voting members of the institutional boards of advisors, seven shall constitute a quorum, and a majority vote of the quorum shall be necessary to pass upon matters before the board of governors.

(b) The institutional boards of advisors may set aside time as they consider appropriate to afford administrators, faculty, students and classified staff an opportunity to discuss issues affecting these groups.
§18B-6-2a. State advisory council of faculty.

(a) Effective the first day of July, two thousand one, there is hereby established the state advisory council of faculty. For the purposes of this section, the state advisory council of faculty shall be referred to as the "council".

(b) During the month of April of each odd-numbered year, beginning in the year two thousand one, each president or other administrative head of a state institution of higher education, including, but not limited to, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university and the Marshall university graduate college, at the direction of the council and in accordance with procedures established by the council, shall convene a meeting or otherwise institute a balloting process to elect one faculty to serve on the state advisory council of faculty. Terms of the members of each council shall be for two years and shall begin on the first day of July of each odd-numbered year and members of the council shall be eligible to succeed themselves.

(c) The council of faculty shall meet at least once each quarter. One of the quarterly meetings shall be during the month of July, at which meeting the council shall elect a chairman: Provided, That the chair shall serve no more than two consecutive terms as chair. No member may vote by proxy at the election. In the event of a tie in the last vote taken for such election, a member authorized by the council shall select the chairman by lot from the names of those persons tied. Immediately following the election of a chairman, the council shall elect, in the manner prescribed by this section for the election of a chairman, a member of the council to preside over meetings of the council in the chairman's absence. Should the chairman vacate the position, the council shall meet and elect a new chairman to fill the unexpired term within thirty days following the vacancy.

(d) The state advisory council of faculty, through its chairman and in any appropriate manner, shall communicate to the policy commission, through the chief executive officer, matters of higher education in which the faculty members may have an interest.

(e) The policy commission annually, between the months of October and December, shall meet with the advisory council of faculty to discuss matters of higher education in which the faculty members or the commission may have an interest.

(f) Members of each advisory council shall serve without compensation, but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their official duties from funds allocated to the state institution of higher education served.

(g) Each advisory council shall cause to be prepared minutes of its meetings, which minutes shall be available, upon request, to any faculty member of a state institution of higher education represented on the council.
§18B-6-3a. State advisory council of students.

(a) Effective the first day of July, two thousand one, there is hereby established the state advisory council of students. For the purposes of this section, the state advisory council of students shall be referred to as the "council".

(b) During the month of April of each year, beginning in the year two thousand one, each student government organization at each state institution of higher education, including, but not limited to, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university and the Marshall university graduate college, at the direction of the council and in accordance with procedures established by the council, shall elect a student, who may be the elected head or president of the organization, to serve on the state advisory council of students. Terms of the members of each council shall be for one year and shall begin on the first day of July of each year and members of the council shall be eligible to succeed themselves.

(c) The council of students shall meet at least once each quarter. One of the quarterly meetings shall be during the month of July, at which meeting the council shall elect a chairman. No member may vote by proxy at the election. In the event of a tie in the last vote taken for such election, a member authorized by the council shall select the chairman by lot from the names of those persons tied. Immediately following the election of a chairman, the council shall elect, in the manner prescribed by this section for the election of a chairman, a member of the council to preside over meetings of the council in the chairman's absence. Should the chairman vacate the position, the council shall meet and elect a new chairman to fill the unexpired term within thirty days following the vacancy.

(d) The state advisory council of students, through its chairman and in any appropriate manner, shall communicate to the policy commission, through the chief executive officer, matters of higher education in which the student members may have an interest.

(e) The policy commission annually, between the months of October and December, shall meet with the advisory council of students to discuss matters of higher education in which the student members or the commission may have an interest.

(g) Each advisory council shall cause to be prepared minutes of its meetings, which minutes shall be available, upon request, to any student of a state institution of higher education represented on the council.
§18B-6-4a. State advisory councils of classified employees.

(a) Effective the first day of July, two thousand one, there is hereby established the state advisory council of classified employees. For the purposes of this section, the state advisory council of classified employees shall be referred to as the "council".

(b) During the month of April of each odd-numbered year, beginning in the year two thousand one, each president or other administrative head of a state institution of higher education, including, but not limited to, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university and the Marshall university graduate college, at the direction of the council and in accordance with procedures established by the council, shall convene a meeting or otherwise institute a balloting process to elect one classified employee to serve on the state advisory council of classified employees. Terms of the members of each council shall be for two years and shall begin on the first day of July of each odd-numbered year and members of the council shall be eligible to succeed themselves.

(c) The council of classified employees shall meet at least once each quarter. One of the quarterly meetings shall be during the month of July, at which meeting the council shall elect a chairman: Provided, That the chair shall serve no more than two consecutive terms as chair. No member may vote by proxy at the election. In the event of a tie in the last vote taken for such election, a member authorized by the council shall select the chairman by lot from the names of those persons tied. Immediately following the election of a chairman, the council shall elect, in the manner prescribed by this section for the election of a chairman, a member of the council to preside over meetings of the council in the chairman's absence. Should the chairman vacate the position, the council shall meet and elect a new chairman to fill the unexpired term within thirty days following the vacancy.

(d) The state advisory council of classified employees, through its chairman and in any appropriate manner, shall communicate to the policy commission, through the chief executive officer, matters of higher education in which the classified employees may have an interest.

(e) The policy commission annually, between the months of October and December, shall meet with the advisory council of classified employees to discuss matters of higher education in which the classified employees or the commission may have an interest.

(g) Each advisory council shall cause to be prepared minutes of its meetings, which minutes shall be available, upon request, to any classified employee of a state institution of higher education represented on the council.

ARTICLE 7. PERSONNEL GENERALLY.

§18B-7-1. Seniority for full-time classified personnel; seniority to be observed in reducing work force; preferred recall list; renewal of listing; notice of vacancies.

(a) Definitions for terms used in this section are in accordance with those provided in section two, article nine of this chapter except that the provisions of this section shall apply only to classified employees whose employment, if continued, accumulates to a minimum total of one thousand forty hours during a calendar year and extends over at least nine months of a calendar year: Provided, That this section also applies to any classified employee who is involuntarily transferred to a position in nonclassified status for which he or she did not apply: Provided, however, That any classified employee involuntarily transferred to a position in nonclassified status may only exercise the rights set out in this section for positions equivalent to or lower than the last job class the employee held.

(b) All decisions by the ~~appropriate governing board or their~~ education policy commission or its agents at state institutions of higher education concerning reductions in work force of full- time classified personnel, whether by temporary furlough or permanent termination, shall be made in accordance with this section. For layoffs by classification for reason of lack of funds or work, or abolition of position or material changes in duties or organization and for recall of employees laid off, consideration shall be given to an employee's seniority as measured by permanent employment in the service of the state system of higher education. In the event that the institution wishes to lay off a more senior employee, the institution shall demonstrate that the senior employee cannot perform any other job duties held by less senior employees of that institution in the same job class or any other equivalent or lower job class for which the senior employee is qualified: Provided, That if an employee refuses to accept a position in a lower job class, the employee shall retain all rights of recall provided in this section. If two or more employees accumulate identical seniority, the priority shall be determined by a random selection system established by the employees and approved by the institution.

(c) Any employee laid off during a furlough or reduction in work force shall be placed upon a preferred recall list and shall be recalled to employment by the institution on the basis of seniority. An employee's listing with an institution shall remain active for a period of one calendar year from the date of termination or furlough or from the date of the most recent renewal. If an employee fails to renew the listing with the institution, the employee's name may be removed from the list. An employee placed upon the preferred list shall be recalled to any position opening by the institution within the classifications in which the employee had previously been employed or to any lateral position for which the employee is qualified. An employee on the preferred recall list shall not forfeit the right to recall by the institution if compelling reasons require the employee to refuse an offer of reemployment by the institution.

The institution shall notify all employees maintaining active listings on the preferred recall list of all position openings that from time to time exist. The notice shall be sent by certified mail to the last known address of the employee. It is the duty of each employee listed to notify the institution of any change in address and to timely renew the listing with the institution. No position openings shall be filled by the institution, whether temporary or permanent, until all employees on the preferred recall list have been properly notified of existing vacancies and have been given an opportunity to accept reemployment.

(d) A nonexempt classified employee, including a nonexempt employee who has not accumulated a minimum total of one thousand forty hours during the calendar year or whose contract does not extend over at least nine months of a calendar year, who meets the minimum qualifications for a nonexempt job opening at the institution where the employee is currently employed, whether the job is a lateral transfer or a promotion, and applies for the job shall be transferred or promoted before a new person is hired unless the hiring is affected by mandates in affirmative action plans or the requirements of Public Law 101-336, the Americans With Disabilities Act. If more than one qualified, nonexempt classified employee applies, the best-qualified nonexempt classified employee shall be awarded the position. In instances where the classified employees are equally qualified, the nonexempt classified employee with the greatest amount of continuous seniority at that state institution of higher education shall be awarded the position. A nonexempt classified employee is one to whom the provisions of the Federal Fair Labor Standards Act, as amended, apply.

(e) In addition to any other information required, any application for personnel governed by the provisions of this section shall include the applicant's social security number.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.
§18B-9-2. Definitions.

As used in this article:

(a) "Classified employee or employee" means any regular full-time or regular part-time employee of ~~a governing board~~ the policy commission, including all employees of the West Virginia network for educational telecomputing and beginning the first day of July, one thousand nine hundred ninety, includes employees at the central office of the ~~governing boards~~ policy commission, who hold a position that is assigned a particular job title and pay grade in accordance with the personnel classification system established by the ~~appropriate governing board~~ policy commission and shall include all employees of the West Virginia network for educational telecomputing;

(b) "Nonclassified employee" means an individual who is responsible for policy formation at the department or institutional level, or reports directly to the president, or is in a position deemed critical to the institution by the president pursuant to policies adopted by the policy commission: Provided, That the percentage of personnel placed in the category of "nonclassified" at any given institution shall not exceed ten percent of the total number of employees of that institution who are eligible for membership in any state retirement system of the state of West Virginia or other retirement plan authorized by the state: Provided, however, That an additional ten percent may be placed in the category of "nonclassified" if they are in a position deemed critical to the institution by the president. Final approval of such placement shall be with the ~~appropriate governing board~~ policy commission;

(c) "Job description" means the specific listing of duties and responsibilities as determined by the ~~appropriate governing board~~ policy commission and associated with a particular job title;

(d) "Job title" means the name of the position or job as defined by the ~~appropriate governing board~~ policy commission;

(e) "Merit increases and salary adjustments" means the amount of additional salary increase allowed on a merit basis or to rectify salary inequities or accommodate competitive market conditions in accordance with rules established by the ~~appropriate governing board~~ policy commission;

(f) "Pay grade" means the number assigned by the ~~appropriate governing board~~ policy commission to a particular job title and refers to the vertical column heading of the salary schedule established in section three of this article;

(g) "Personnel classification system" means the process of job categorization adopted by the ~~appropriate governing board~~ policy commission by which job title, job description, pay grade and placement on the salary schedule are determined;

(h) "Salary" means the amount of compensation paid through the state treasury per annum to a classified employee;

(i) "Schedule" or "salary schedule" means the grid of annual salary figures established in section three of this article; and

(j) "Years of experience" means the number of years a person has been an employee of the state of West Virginia and refers to the horizontal column heading of the salary schedule established in section three of this article. For the purpose of placement on the salary schedule pursuant to said section, employment for nine months or more shall equal one year of experience, but no classified employee may accrue more than one year of experience during any given fiscal year. Employment for less than full time or less than nine months during any fiscal year shall be prorated. For the purpose of determining the amount of annual salary increase pursuant to subsection (b), section five of this article, employment for less than twelve months during any fiscal year shall be prorated. In accordance with rules established by the ~~appropriate governing board~~ policy commission, a classified employee may be granted additional years of experience not to exceed the actual number of years of prior, relevant work or experience at accredited institutions of higher education other than state institutions of higher education.

§18B-9-10. Higher education employees' catastrophic leave bank and leave transfer.

(a) A classified or employee, nonclassified employee or faculty member with a twelve month contract employed by the higher education governing board or by the central office may donate sick and annual leave to a leave bank established and operated in accordance with the provisions of subsection (c) of this section or directly to another employee in accordance with the provisions of subsection (d) of this section. No employee shall be compelled to donate sick or annual leave. Any leave donated by an employee pursuant to this section shall be used only for the purpose of catastrophic illness or injury as defined in subsection (b) of this section and shall reduce, to the extent of such donation, the number of days of annual or sick leave to which the employee is entitled.

(b) For the purpose of this section, a catastrophic illness or injury means an illness or injury which is expected to incapacitate the employee and which creates a financial hardship because the employee has exhausted all sick and annual leave and other paid time off. Catastrophic illness or injury shall also include an incapacitated immediate family member as defined by the ~~appropriate governing board~~ chief executive officer if this results in the employee being required to take time off from work for an extended period of time to care for the family member and the employee has exhausted all sick and annual leave and other paid time off.

(c) A leave bank or banks may be established at each state institution of higher education and the central office to which employees may donate either sick or annual leave. The bank or banks may be established jointly by the ~~central office and both governing boards, may be established for the central office and each of the governing boards, or may be established~~ chief of operations and the presidents for the central office and each institution of higher education under either governing board. Sick or annual leave may be deposited in the leave bank, and such deposit shall be reflected as a day-for-day deduction from the sick or annual leave balance of the depositing employee.

Such deposited leave may be withdrawn by any employee experiencing a catastrophic illness or injury as those terms are defined in subsection (b) of this section upon appropriate verification that the employee is unable to work due to the catastrophic illness or injury as determined by the president of the institution or ~~senior administrator~~ chief of operations, approval of the withdrawal by the president of the institution or ~~senior administrator~~ chief of operations, and written notice to the personnel office. The withdrawal shall be reflected as a day-for-day addition to the leave balance of the withdrawing employee.

(d) Sick or annual leave may be donated to any employee experiencing a catastrophic illness or injury as those terms are defined in subsection (b) of this section. Such leave shall be donated at the request of the employee upon appropriate verification that the employee is unable to work due to the catastrophic illness or injury as determined by the president of the institution or ~~senior administrator~~ chief of operations. Upon approval of the transfer of sick or annual leave by the president of the institution or ~~senior administrator~~ chief of operations, any employee may, upon written notice to the personnel office, donate sick or annual leave in one-day increments. Donations shall be reflected as a day-for-day deduction from the sick or annual leave balance of the donating employee. An employee receiving the transfer of sick or annual leave shall have any time which is donated credited to such employee's account in one-day increments and reflected as a day-for-day addition to the leave balance of the receiving employee.

(e) Use of donated credits may not exceed a maximum of twelve continuous calendar months for any one catastrophic illness or injury. The total amount of sick or annual leave withdrawn or received may not exceed an amount sufficient to ensure the continuance of regular compensation and shall not be used to extend insurance coverage pursuant to section thirteen, article sixteen, chapter five of this code. An employee withdrawing or receiving donations of sick or annual leave pursuant to this section shall use any leave personally accrued on a monthly basis prior to receiving additional donated sick or annual leave.

(f) Transfer of sick or annual leave deposited in an institutional leave bank or transferred under subsection (c) of this section, may be inter-institutional in accordance with the policies of the ~~appropriate governing board~~ chief executive officer. Each institution and the central office shall be responsible for the administration of the sick or annual leave deposits, withdrawals and transfers of its employees. Rules implementing the provisions of this section may be adopted jointly or separately by the ~~governing boards~~ chief executive officer in accordance with article three-a, chapter twenty-nine-a of this code.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-1. Enrollment, tuition and other fees at educational
institutions; refund of fees.

(a) ~~Each governing board~~ The policy commission shall fix tuition and other fees for each school term for the different classes or categories of students enrolling at each state institution of higher education under its jurisdiction and may include among such fees any one or more of the following: (1) Health service fees; (2) infirmary fees; (3) student activities, recreational, athletic and extracurricular fees, which said fees may be used to finance a student's attorney to perform legal services for students in civil matters at such institutions: Provided, That such legal services shall be limited to only those types of cases, programs or services approved by the administrative head of such institution where such legal services are to be performed; and (4) graduate center fees and branch college fees, or either, if the establishment and operations of graduate centers or branch colleges are otherwise authorized by law. All fees collected at any graduate center or at any branch college shall be paid into special funds and shall be used solely for the maintenance and operation of the graduate center or branch college at which they were collected: Provided, however, That the ~~governing boards~~ policy commission shall use the median of the average tuition and required fees at ~~similarly classified~~ peer institutions ~~in member states of the southern regional education board~~ as a goal in establishing tuition and required fee levels for residents at state institutions of higher education under their jurisdiction: ~~Provided further,~~ That the governing boards shall use the actual instructional cost as the same shall be determined in accordance with board rule, in establishing nonresident undergraduate fees, with the goal of having tuition and fees cover the actual cost by fiscal year one thousand nine hundred ninety-six: Provided further, That effective the first day of July, two thousand one, non-resident tuition and fees shall, at a minimum, cover the actual cost of instruction: And provided further, That students enrolled in undergraduate courses offered at off-campus locations shall pay an off-campus instruction fee, and ~~shall~~ are not required to pay the athletic fee and the student activity fee. The off-campus instruction fee shall be used solely for the support of off-campus courses offered by the institution. Off-campus locations for each institution shall be defined by the appropriate governing board. The schedule of all fees, and any changes therein, shall be entered in the minutes of the meeting of the appropriate governing board, and the board shall file with the legislative auditor a certified copy of such schedule and changes.

(b) In addition to the fees mentioned in the preceding ~~paragraph, each governing board~~ subsection, the policy commission may impose and collect a student union building fee. All such building fees collected at an institution shall be paid into a special student union building fund for such institution, which is hereby created in the state treasury, and shall be used only for the construction, operation and maintenance of a student union building or a combination student union and dining hall building or for the payment of the principal of and interest on any bond issued to finance part or all of the construction of a student union building or a combination student union and dining hall building or the renovation of an existing structure for use as a student union building or a combination student union and dining hall building, all as more fully provided in section ten of this article. Any moneys in such funds not immediately needed for such purposes may be invested in any such bonds or other securities as are now or hereafter authorized as proper investments for state funds.

(c) The boards shall establish the rates to be charged full-time students enrolled during a regular academic term. For fee purposes a full-time undergraduate student shall be one enrolled for twelve or more credit hours in a regular term, and a full-time graduate student shall be one enrolled for nine or more credit hours in a regular term. Undergraduate students taking fewer than twelve credit hours in a regular term shall have their fees reduced pro rata based upon one twelfth of the full-time rate per credit hour, and graduate students taking fewer than nine credit hours in a regular term shall have their fees reduced pro rata based upon one ninth of the full-time rate per credit hour.

Fees for students enrolled in summer terms or other nontraditional time periods shall be prorated based upon the number of credit hours for which the student enrolls in accordance with the above provisions.

(d) All fees are due and payable by the student upon enrollment and registration for classes except as provided for in this subsection:

(1) The ~~governing boards~~ policy commission shall permit fee payments to be made in up to three installments over the course of the academic term: ~~The payments shall include interest at a rate set by the governing board~~ Provided, That all fees must be paid prior to the awarding of course credit at the end of the academic term.

(2) The ~~governing boards~~ policy commission shall also authorize the acceptance of credit cards or other payment methods which may be generally available to students for the payment of fees: Provided, That the governing boards may charge the students for the reasonable and customary charges incurred in accepting credit cards and other methods of payment.

(3) If ~~a governing board~~ policy commission determines that any student was adversely, financially affected by a legal work stoppage that commenced on or after the first day of January, one thousand nine hundred ninety-three, it may allow the student an additional six months to pay the fees for any academic term: Provided, That the ~~governing board~~ policy commission shall determine if a student was adversely, financially affected on a case-by-case basis.

(e) On or before the first day of July, two thousand one, the policy commission shall review policy series twenty-two of the board of regents and board of trustees related to assessment, payment and refund of fees and determine whether ~~The governing boards shall~~ ~~establish legislative rules~~ a new rule should be adopted regarding the refund of any fees upon the voluntary or involuntary withdrawal from classes of any student. ~~which~~ The rules shall comply with all applicable state and federal laws and shall be uniformly applied throughout the system.

(f) The governing boards shall establish legislative rules using the fee structure or other penalties to provide a disincentive for students to register for classes in excess of the typical full-time course load, that being from twelve to eighteen credit hours for an undergraduate student and from nine to fifteen credit hours for a graduate student, and then to withdraw from such excess classes after the semester has begun.
~~(g)~~ (f) In addition to the fees mentioned in the preceding subsections, ~~each governing board~~ may impose, collect and distribute a fee to be used to finance a nonprofit, student-controlled public interest research group: Provided, That the students at such institution demonstrate support for the increased fee in a manner and method established by that institution's elected student government: Provided, however, That such fees shall not be used to finance litigation against the institution.

~~(h)~~ (g) Any proposed fee increase which would become effective on or after the first day of July, one thousand nine hundred ninety-seven, which has been approved by the governing boards, shall then be submitted by the governing boards to the secretary of education and the arts for approval. Such approval shall only be granted upon the certification that such two thousand, shall be approved by the policy commission only if the institution requesting a fee increase is in compliance with the strategic plans required to be submitted, pursuant to section one-b, article one of this chapter. Notice, in the form of a report, shall be provided by the secretary to the legislative oversight commission on education accountability describing such fee increases and showing of how such increases compare with the average tuition and fees charged at comparable peer institutions in member states of the southern regional education board: Effective the first day of July, two thousand one, tuition and fees rates shall be determined in accordance with subsections (h), (i) and (j) of this section.

(h) Effective the first day of July, two thousand one, institutions will retain tuition and fee revenues not pledged for bonded indebtedness or other purposes in accordance with a revised tuition policy adopted by the presidents, in consultation with their institutional board of advisors and approved by the commission. The revised tuition policy shall:

(1) Provide a basis for establishing nonresident tuition and fees;

(2) Allow institutions to charge different tuition and fees for different programs; and

(3) Where applicable, establish methodology that ensures that within the appropriate time period under the compact, community and technical college tuition rates for community and technical college students in all independently-accredited community and technical colleges will be commensurate with the tuition and fees charged by their peer institutions.

(i) There shall be no penalty imposed by the commission upon any institution based on the number of nonresidents who attend the institution unless the commission determines that admission of nonresidents to any institution or program of study within the institution is unreasonably impeding the ability of the resident students to attend the institution or participate in the programs of the institution. The institutions shall report annually to the commission on the numbers of out-of-state residents and such other enrollment information as the commission may request.

(j) No president may increase tuition and fees more than four percent or increase tuition and fees to more than one hundred percent of the tuition and fees of peer institutions, as determined by the commission, without the approval of the commission.

§18B-10-8. Collection; disposition and use of additional registration fee; creation of special capital improvements funds; revenue bonds.

(a) In addition to all other fees imposed by the ~~governing boards~~ commission, there is hereby imposed and the ~~governing boards are~~ commission is hereby directed to provide for the collection of an additional registration fee from all students enrolled in any state institution of higher education under its jurisdiction in the amounts hereinafter provided.

For full-time students at each state institution of higher education, the additional registration fee shall be fifty dollars per semester. The ~~governing boards shall have~~ commission has authority to increase such additional registration fee at institutions of higher education under ~~their~~ its jurisdiction for students who are nonresidents of this state. For all part-time students and for all summer school students, the ~~governing boards~~ commission shall impose and collect such fee in proportion to, but not exceeding, that paid by full-time students.

The fee imposed by this section ~~shall be~~ is in addition to the maximum fees allowed to be collected under the provision of section one of this article and ~~shall~~ may not be limited thereby. Refunds of such fee may be made in the same manner as any other fee collected at state institutions of higher education.

(b) There is created in the state treasury a state system special capital improvements fund into which shall be paid all proceeds of the additional registration fees collected from students at all state institutions of higher education pursuant to this section to be expended ~~jointly by the governing boards~~ by the commission for the payment of the principal of or interest on any revenue bonds issued by the board of regents or the previous governing boards for which such registration fees were pledged prior to the enactment of this section.

At such time as the commingling of such registration fees shall no longer be required, all proceeds shall be paid into the appropriate special capital improvements fund for each governing board for the benefit of any and all state institutions of higher education under the jurisdiction of that governing board.

(c) The ~~governing boards~~ commission may make expenditures from any of the special capital improvements funds established in this section to finance, in whole or in part, together with any federal, state or other grants or contributions, any one or more of the following projects: (1) The acquisition of land or any rights or interest therein; (2) the construction or acquisition of new buildings; (3) the renovation or construction of additions to existing buildings; (4) the acquisition of furnishings and equipment for any such buildings; and (5) the construction or acquisition of any other capital improvements or capital educational facilities at such state institutions of higher education, including any roads, utilities or other properties, real or personal, or for other purposes necessary, appurtenant or incidental to the construction, acquisition, financing and placing in operation of such buildings, capital improvements or capital educational facilities.

~~Each governing board~~ The commission, in its discretion, may use the moneys in such special capital improvements funds to finance the costs of the above purposes on a cash basis, or may from time to time issue revenue bonds of the state as provided in this section to finance all or part of such purposes and pledge all or any part of the moneys in such special funds for the payment of the principal of and interest on such revenue bonds, and for reserves therefor. Any pledge of such special funds for such revenue bonds shall be a prior and superior charge on such special funds over the use of any of the moneys in such funds to pay for the cost of any of such purposes on a cash basis: Provided, That any expenditures from such special funds, other than for the retirement of revenue bonds, may only be made by the ~~governing board~~ commission to meet the cost of a predetermined capital improvements program for one or more of the state institutions of higher education, in such order of priority as ~~shall have been agreed upon by the governing board~~ was agreed upon by the commission and presented to the governor for inclusion in the annual budget bill, and only with the approval of the Legislature as indicated by direct appropriation for the purpose.

Such revenue bonds may be authorized and issued from time to time by the ~~governing board~~ commission to finance, in whole or in part, the purposes provided in this section in an aggregate principal amount not exceeding the amount which the ~~governing board shall determine~~ commission determines can be paid as to both principal and interest and reasonable margins for a reserve therefor from the moneys in such special funds.

The issuance of such revenue bonds shall be authorized by a resolution adopted by the ~~governing board~~ commission, and such revenue bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their respective dates; be in such form either coupon or registered, with such exchangeability and interchangeability privileges; be payable in such medium of payment and at such place or places, within or without the state; be subject to such terms of prior redemption at such prices not exceeding one hundred five per centum of the principal amount thereof; and shall have such other terms and provisions as ~~the governing board shall determine~~ determined by the commission. Such revenue bonds shall be signed by the governor and by the ~~president of the governing board~~ chief executive officer of the commission authorizing the issuance thereof, under the great seal of the state, attested by the secretary of state, and the coupons attached thereto shall bear the facsimile signature of the ~~president of the governing board~~ chief executive officer of the commission. Such revenue bonds shall be sold in such manner as the ~~governing board may determine to be~~ commission determines is for the best interests of the state.

The ~~governing board~~ commission may enter into trust agreements with banks or trust companies, within or without the state, and in such trust agreements or the resolutions authorizing the issuance of such bonds may enter into valid and legally binding covenants with the holders of such revenue bonds as to the custody, safeguarding and disposition of the proceeds of such revenue bonds, the moneys in such special funds, sinking funds, reserve funds, or any other moneys or funds; as to the rank and priority, if any, of different issues of revenue bonds by the ~~governing board~~ commission under the provisions of this section; as to the maintenance or revision of the amounts of such additional registration fees, and the terms and conditions, if any, under which such additional registration fees may be reduced; and as to any other matters or provisions which are deemed necessary and advisable by the ~~governing board~~ commission in the best interests of the state and to enhance the marketability of such revenue bonds.

After the issuance of any of such revenue bonds, the additional registration fees at the state institutions of higher education ~~shall~~ may not be reduced as long as any of such revenue bonds are outstanding and unpaid except under such terms, provisions and conditions as shall be contained in the resolution, trust agreement or other proceedings under which such revenue bonds were issued.

Such revenue bonds shall be and constitute negotiable instruments under the Uniform Commercial Code of this state; shall, together with the interest thereon, be exempt from all taxation by the state of West Virginia, or by any county, school district, municipality or political subdivision thereof; and such revenue bonds ~~shall~~ may not be deemed to be obligations or debts of the state, and the credit or taxing power of the state ~~shall~~ may not be pledged therefor, but such revenue bonds shall be payable only from the revenue pledged therefor as provided in this section.

Funding of revenue bonds under any other section of this code is hereby continued and authorized pursuant to the terms of this section. Revenues of any state institution of higher education pledged to the repayment of any bonds issued pursuant to this code shall remain the responsibility of that institution.
ARTICLE 14. MISCELLANEOUS.
§18B-14-8. Statewide task force on teacher quality.
(a) There is hereby created a statewide task force on teacher quality to address issues including, but not limited to, the following:

(1) Need to strengthen teacher education in subject area fields by addressing the quality and regional accessibility of pre-service and in-service programs at both the baccalaureate and graduate degree levels;

(2) Need to address teacher salaries, including consideration of the state's cost of living, per capita income and ability to pay;

(3) Need to determine the appropriate supply of teachers to meet future demand with particular attention to the demand for teachers in specific areas of certification;

(4) The ability of teachers to change areas of certification without repeating requirements foe which they have demonstrated competence;

(5) Need to determine the most effective method of staff development for teachers; and

(6) Need to address methods to prepare teachers to integrate technology effectively in the classroom including the following:

(i) The resources necessary for teacher education programs to prepare teachers for the technology demands of the classroom environment;

(ii) The opportunities and resources for professional development experiences in technology; and

(7) Need to study methods to extend programs such as the Benedum collaborative model of teacher education at West Virginia university to other geographic areas of the state.

(b) The task force shall be chaired by the chief executive officer or a designee and shall be comprised of twenty-one members selected as follows: eight members to be appointed by the governor; six members to be appointed by the state board of education; four members to be appointed by the policy commission; one member to be selected by the West Virginia Professional Teachers Standards Commission from among their membership; one member representing private institutions of higher education selected by the West Virginia Association of Independent Colleges, Inc.; and the secretary of education and the arts or a designee. Of the eight members to be appointed by the governor, two shall be representatives of statewide teacher organizations and of the six members to be appointed by the state board of education, at least three shall be classroom teachers and at least one shall be selected from among the membership of the state board of education.

(c) Appointments to the task force shall be made so that members may begin their work no later than the first day of July two thousand.

(d) The task force shall report on its progress to the legislative oversight commission on education accountability and the commission. The initial progress report shall be made in October, two thousand and, additionally, in each quarter thereafter until the work of the task force is completed.

(e) The task force shall complete its work and make a final report to the legislative oversight commission on education accountability and the commission no later than the first day of November, two thousand one. The final report shall contain findings of fact, recommendations, and strategies for implementing recommended changes.
§18B-14-9. Statewide task force on student financial aid.

(a) There is hereby created a statewide task force on student financial aid to address issues which shall include, but not be limited to, the following:

(1) The impact of the full range of student aid and prepaid tuition programs including federal, state and institutional programs;

(2) The interrelationships of the various programs;

(3) The feasibility and effectiveness of grants versus loans; and

(4) A longitudinal study detailing the amount of money spent for student aid in West Virginia over the past fifteen years, or, if data for a full fifteen years is not available, for the longest time period possible; the number of students served; and the number of those students who have remained in the state.

(b) The task force shall be chaired by the chief executive officer or a designee and shall be comprised of fourteen members selected as follows: Six members selected by the policy commission; two members representing private institutions of higher education selected by the West Virginia Association of Independent Colleges, Inc.; four members selected by the state board of education; the state treasurer or a designee; and the secretary of education and the arts or a designee.

(c) Appointments to the task force shall be made so that members may begin their work no later than the first day of July two thousand.

(d) The task force shall make an initial progress report to the legislative oversight commission on education accountability and the commission by the first day of December two thousand and shall report quarterly thereafter until the work of the task force is completed.

(e) The task force shall complete its work and make a final report to the legislative oversight commission on education accountability and the commission no later than the first day of October, two thousand one. The final report shall contain findings of fact, recommendations, and strategies for implementing recommended changes.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.

ARTICLE 3A. HIGHER EDUCATION RULE MAKING.

§29A-3A-1. Definitions.

As used in this article:

(a) "Commission" means the legislative oversight commission on education accountability;

(b) "Board" means the ~~university of West Virginia board of trustees or the board of directors of the state college system as defined in chapter eighteen-b of this code, or both~~ education policy commission established pursuant to section one, article one-b, chapter eighteen-b of this code, or any person employed by ~~such boards~~ the commission who is granted rule-making authority under the provisions of said chapter.

§29A-3A-18. Prior rules.

Any rule lawfully promulgated by the respective board of trustees and board of directors prior to the effective date of this ~~chapter~~ section shall remain in full force and effect until:

(1) Such rule is expressly made ineffective by the provisions of this chapter; or

(2) Such rule ~~should expire by reason of failure to refile the same as provided in section five of article two, or~~ expires pursuant to its own terms and provisions lawfully made before the effective date of this section; or

(3) Such rule is repealed by the lawful act of the board, in conformity with this chapter; or

(4) Such rule is invalidated by an act of the Legislature or the force and effect of another law.