ENROLLED
Senate Bill No. 653
(Originating in the Committee on Education)
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[Passed March 11, 2000; to take effect July 1, 2000.]
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AN ACT to amend and reenact section forty-eight, article three,
chapter five-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section eleven, article three, chapter twelve of said code;
to amend and reenact sections one-d and two, 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 five new articles,
designated articles one-a, one-b, one-c, two-a, and three-f;
to amend and reenact section one, article two of said
chapter; to amend and reenact section one, article three of
said chapter; 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 section two, article
nine of said chapter; to amend and reenact sections one, two
and eight, article ten of said chapter; and to amend article
fourteen of said chapter by adding thereto two new sections,
designated sections eight and nine, 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 forty-eight, article three, chapter five-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that section eleven,
article three, chapter twelve of said code be amended and
reenacted; that sections one-d and two, 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 five new articles, designated articles one-a, one-
b, one-c, 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 section two, article nine of said chapter be
amended and reenacted; that sections one, two and eight, article
ten of said chapter be amended and reenacted; and that article
fourteen of said chapter be amended by adding two new sections,
designated sections eight and nine, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-48. Travel rules; exceptions.
(a) 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, inclusive, of this
article do not apply to the division of highways of the
department of transportation, the West Virginia state police of
the department of military affairs and public safety, the
division of natural resources, the division of forestry, the
department of agriculture, the office of the state fire marshal,
the higher education policy commission and the higher education
governing boards and their institutions: Provided, however, That
the higher education governing boards and their institutions
shall report annually to the chancellor for higher education and
the legislative oversight commission on education accountability
in a form and manner as required by the chancellor for higher
education. 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.
(b) 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 those he or she may designate, to be kept in garages and other places of storage and to be made
available in a manner and under the terms necessary for the
official use of any departments, institutions, agencies,
officers, agents and employees of the state as designated by the
secretary in rules promulgated pursuant to this section. The
secretary may 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.
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 higher education policy commission and West Virginia
higher education governing boards; moving expenses of
employees of higher education policy commission and West
Virginia higher education governing boards.
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, the higher education policy
commission and the higher education governing boards and
institutions under their jurisdiction. The Legislature, the
supreme court of appeals and the attorney general, auditor,
secretary of state, treasurer, board of investments, commissioner
of agriculture, the higher education policy commission and the
higher education governing boards 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 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 lawful for the higher education policy
commission or a higher education governing board 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 to be interviewed
concerning his or her possible employment by the board or agent
thereof.
It shall be lawful for the higher education policy
commission or a higher education governing board to authorize
payment of: (1) All or part of the reasonable expense incurred
by a person newly employed by the board 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 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 be paid more frequently than once in twelve months.
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 fiscal constraints
of the state and for the state's residents to participate 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 wherein 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, however, that
working-age adults who are the large majority of the current and
potential workforce also possess the requisite knowledge and
skills and the ability 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 its entire population of any age.
(2) Post-secondary education is changing throughout the nation. Place-bound adults, employers and communities are
demanding education and student services that are 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 cannot afford to finance quality higher
education systems that aspire to offer a full array of programs
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 assets to
meet new demands. New investments must be targeted to those
initiative designed to enhance and reorient existing capacity,
provide incentives for collaboration and focus on the new
demands. It must have a single accountability point for
developing, 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 can offer and recognize
the importance of their contributions to the economic, social and
cultural well-being of their communities.
(5) The system of public higher education should be open and
accessible to all persons, including persons with disabilities
and other persons with special needs.
(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 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 these results.
(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
and three-c of this chapter, which 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 geographical 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 stable and continuing 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 educational 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 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, inclusive, 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.
(c) 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 commission report the progress toward
achieving these goals in the higher education report card
required pursuant to section nine, 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 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. 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 is
met; (ii) inform public school students, 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; 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 post-secondary education, 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 is at the national
average. 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 educational 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 have access to post-secondary educational 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 prepare students
to practice good citizenship and to compete in a global economy
in which good jobs require an advanced level of education and
skills which far 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 include 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 which
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 which 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) Notwithstanding any other provisions of this code to the
contrary, each state institution of higher education may include
in its strategic plan 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 such incentives for
voluntary, early or phased retirement of employees, or voluntary
separation from employment must be submitted by the governing
board to the legislative joint committee on pensions and
retirement and approved before such policies are adopted as part
of the institution's strategic plan.
(b) Effective the first day of July, two thousand one, each
state institution of higher education may implement, under its
institutional compact, created pursuant to section two, 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 meet all the requirements, including the requirement for
obtaining legislative approval, set forth in this section.
(c) The policies may include the following provisions:
(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 his or her service with the
institution.
(d) No incentive provided for in this section shall be
granted except in furtherance of programmatic changes undertaken
pursuant to the findings, directives, goals and objectives set
forth in this article.
(e) No incentive proposed by an institution pursuant to this
section shall 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 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.
(f) 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 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 ineligible for reemployment by the
institutions during or after the negotiated period of his or her
incentive concludes, including contract employment in excess of
five thousand dollars per fiscal year.
(g) 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.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meaning hereinafter ascribed to
them unless the context clearly indicates a different meaning:
(a) For the transition year beginning on the first day of July, two thousand, and ending on the thirtieth day of June, two
thousand one, only, "governing board" or "board" means the higher
education interim governing board created pursuant to article
one-c of this chapter; and, beginning on the first day of July,
two thousand one, "governing board" or "board" means the
institutional board of governors of West Virginia university,
Marshall university, the West Virginia school of osteopathic
medicine, Bluefield state college, Concord college, eastern West
Virginia community and technical college, Fairmont state college,
Glenville state college, Shepherd college, southern West Virginia
community and technical college, West Liberty state college, West
Virginia northern community and technical college and West
Virginia state college, whichever is applicable within the
context of the institution or institutions referred to in this
chapter or in other provisions of law;
(b) Beginning on the first day of July, two thousand one,
"governing boards" or "boards" means the institutional boards of
governors pursuant to subsection (b), section one, article two-a
of this chapter;
(c) "Freestanding community and technical colleges" means
southern West Virginia community and technical college, West
Virginia northern community and technical college and eastern West Virginia community and technical college, which shall not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges
and other state institutions of higher education which have
defined community and technical college missions and
responsibility districts in accordance with the provisions of
sections seven and eight, article three-c of this chapter;
(f) "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.
"
(g) "Essential conditions" means those conditions which
shall be met by community and technical colleges as provided in
section three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Higher education policy commission" or "commission"
means the commission created pursuant to section one, article
one-b of this chapter;
(j) "Chancellor" means the chief executive officer of the
higher education policy commission employed pursuant to section
five, article one-b of this chapter;
(k) "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;
(l) "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 a governing board which results in or may result
in the awarding of a two-year associate degree.
(m) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(n) "Senior administrator" means the vice chancellor for
administration employed by the commission in accordance with section two, article four of this chapter. The vice chancellor
for administration shall assume all the powers and duties that
are assigned by law to the senior administrator;
(o) "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;
(p) "State institution of higher education" means any
university, college or community and technical college under the
direct or indirect jurisdiction of a governing board as that term
is defined in this section;
(q) "Regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university,
and West Virginia university institute of technology. Each
regional campus shall adopt separate strategic plans required by
section one-c of this article;
(r) 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;
(s) "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.
(t) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison
purposes and selected by the commission pursuant to section
three, article one-a of this chapter;
(u) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter; and
(v) "Sponsoring institution" means the state institution of
higher education that maintains an administrative link to a
community and technical college pursuant to section eight,
article three-c of this chapter;
(w) "Collaboration" means entering into an agreement with
one or more providers of education services in order to enhance
the scope, quality, or efficiency of educational services; and
(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; and
(y) "Joint commission for vocational-technical-occupational
education" or "joint commission" means the commission established
pursuant to article three-a of this chapter.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST
VIRGINIA.
§18B-1A-1. Purpose of article; legislative findings and intent.
Purpose. -- 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, will 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.
(a) Each institution of higher education 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 such
other areas as the commission determines appropriate. In the
determination of mission, the institutions and the commission
shall consider 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) A statement of the geographic areas of responsibility,
where applicable, 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;
(6) Such 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.
(c) Development and updating of the institutional compacts
shall be subject to the following:
(1) The ultimate responsibility for developing and updating
the institutional compacts at the institutional level resides
with the institutional board of advisors or the institutional
board of governors, as appropriate;
(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 institutions 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) By 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 as objective as possible;
(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 which 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 of this code, 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;
(3) Guidelines for the collection and reporting of data.
(g) The commission shall approve the master plans developed
by the institutional boards of governors and the institutional
boards of advisors pursuant to subsection (b), section four,
article two-a of this chapter and subsection (k), section one,
article six of this chapter.
§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.(c) The peer institutions, as selected by the commission,
shall be used as benchmarks for comparison purposes only and are
not intended to reflect funding goals for West Virginia
institutions of higher education. Such a use is inappropriate
since institutions selected as peers for a state institution may
be located in an area of high per capita income or have their
funding subject to other factors that make its use unrealistic
for setting funding goals in West Virginia. The peer
institutions shall be used for comparison in the following areas:
(1) To determine adjustments to base 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 commission shall select peer institutions for
each institution through an open, deliberative, objective process
and in consultation with the institutional boards of governors,
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 such as, 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 shall 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 funds above
the current operating budgets of the institutions.
(b) It is, therefore, the desire of the Legislature to
increase funding annually for higher education at a rate not less
than the annual percentage increase in the overall general
revenue budget.
(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) Consolidation of services;
(3) Elimination of programs;
(4) Consolidating institutions; and
(5) Closing institutions.
§18B-1A-5. Financing; institutional operating budgets,
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 budgets,
as defined in section two, article one of this chapter, required
for all state institutions of higher education. The budget
appropriation for the state system of higher education under this
chapter and other provisions of the law shall consist of separate
control accounts or institutional control accounts, or some
combination of such accounts, for appropriation of institutional
operating budgets and other funds. The commission is responsible
for allocating state appropriations to supplement institutional
operating budgets in accordance with this section. In addition
to the institutional operating budget and incentive 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
institutional boards of governors or advisors, as appropriate, to
provide to the 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) Legislative Funding Priorities. -
(1) The Legislature recognizes the current resource
allocation model has not moved all state institutions equitably
towards comparable peer funding levels. This formula has left
West Virginia institutions at a competitive disadvantage to their
national peers.
(2) The Legislature acknowledges that the resource
allocation model used to comply with Senate Bill 547, passed
during the legislative session of one thousand nine hundred
ninety-five, alleviated some of the disparity that exists among state institutions' operating budgets, but left significant
differences between the institutions and their national peers.
(3) The Legislature recognizes that a system of
independently-accredited community and technical colleges is
vital to the economic vitality of the state.
(4) The Legislature places great importance on achieving
the priority goals outlined in the public policy agenda and
believes the state institutions of higher education should play
a vital role in facilitating the attainment of these goals.
(5) The Legislature also believes it is imperative that the
state make progress on narrowing the peer inequity while
balancing the need for sustaining the quality of our
institutions.
(6) It is the charge of the policy commission to allocate
all funds appropriated in excess of the fiscal year two-thousand
one general revenue appropriations in alignment with the
legislative funding priorities listed below. The policy
commission shall consider the priorities and assign a percentage
of the total appropriation of new funds to each priority.
(A) Peer equity. -- Funds appropriated for this purpose
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:
(i) 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;
(ii) For all institutions that are deficient in comparison
with peer institutions, the amounts of the deficiencies shall be
totaled;
(iii) 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
(iv) The allocation to each institution shall be calculated
by multiplying the ratio by the total amount of money in the
account.
(B) Independently accredited community and technical
colleges development. -- Funds appropriated for this purpose will
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. Appropriations for this purpose are
only to be allocated to those institutions having 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, funds for this
purpose shall be allocated to the incentives 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;
(C) Research challenge. -- Funds appropriated for this
purpose shall 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.
(i) 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;
(ii) 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.
(iii) 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.
(iv) 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
(D) Incentives for institutional contributions to state
priorities. -- Funds appropriated for this purpose 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.
(E) Sustained Quality Support. -- The commission shall
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 these funds 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.
(d) Allocation of appropriations to the institutions. --
Appropriations 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
above the fiscal year two thousand two institutional operating
budget 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;
(e) Nothing in this section shall be construed in a manner that limits the appropriation or collection of fees 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.
(b) In order to meet the need for graduate education, the
commission shall be responsible for accomplishing the following:
(1) Ensuring that West Virginia university and Marshall
university expand access to master's degree programs throughout
West Virginia, with a strong emphasis on collaboration with the
baccalaureate colleges and community and technical colleges in
each region;
(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;
and
(3) Focusing on providing courses that enhance the
professional skills of teachers in their subject areas;
(4) Ensuring that programs are offered in the most cost-
effective manner to expand access throughout the region and the
state.
(c) Concord college, Fairmont state college, Shepherd
college, West Liberty state college, and West Virginia state college shall meet the need for graduate education in their
regions by following the procedures outlined below with each step
building upon the foundation of the step before it:
(1) The institutions shall develop as graduate centers for
their 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 institutions 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;
(C) Demonstrate that the baccalaureate institution has the
capacity to provide 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;
(F) Demonstrate that the need documented in subdivision (B)
of this subsection is not currently being met by any other state
institution of higher education; and
(G) Such other conditions as the commission may determine.
(d) 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 (c) 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 six of this article.
(e) The commission shall review all graduate programs being
offered under the provisions of this section and, using the
criteria established for program startup in subsection (c) of
this section, determine which programs should be discontinued.
(f) At least annually, the governing boards shall evaluate
graduate programs developed pursuant to the provisions of this
section and report to the 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 the program; and
(5) The number of students who have obtained master's
degrees through each program.
The governing boards shall provide the commission with any
additional information the commission requests in order to make
a determination on the viability of a program.
(g) In developing any graduate program under the provisions
of this section, institutions shall consider delivering courses
at times and places convenient to adult students who are employed
full-time. Institutions 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.
(h) Brokering institutions shall invite proposals from
other public institutions of higher education for service
provision prior to contracting with other institutions: Provided,
That if institutions propose providing graduate programs in
service areas other than in their responsibility district, the
institution seeking to establish a program shall work through the
district's lead institution in providing those services.
(i) 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 governing boards.
§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) Effective the first day of July, two thousand, section
two-b, article five of this chapter, relating to resource
allocation policy relief, is repealed.
(c) Effective the first day of July, two thousand, section
two-c, article five of this chapter, relating to a review of
resource allocation model and policies, is repealed.
(d) Effective the first day of July, two thousand, section
five, article six of this chapter, relating to the creation of
advisory council on federal resources, is repealed.
(e) Effective the thirtieth day of June, two thousand one,
section eight, article one of this chapter, relating to the powers
and duties of the governing boards generally, is repealed.
(f) Effective the thirtieth day of June, two thousand one,
section eight-a, article one of this chapter, relating to higher
education accountability, is repealed.
(g) Effective the first day of July, two thousand, 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) Effective the first day of July, two thousand, section
five, article one of this chapter, relating to placing governing
boards under the department of education and the arts, is
repealed.
(k) Effective the first day of July, two thousand, section
six, article six of this chapter, relating to the University of
West Virginia anatomical board, is repealed.
(l) Effective the thirtieth day of June, two thousand one,
section one, article five of this chapter, relating to
appropriations, is repealed.
(m) Effective the thirtieth day of June, two thousand one,
section two, article five of this chapter, relating to resource
allocation model and policies, is repealed.
(n) Effective the thirtieth day of June, two thousand,
section two, article six of this chapter, relating to advisory
councils of faculty, is repealed.
(o) Effective the thirtieth day of June, two thousand,
section three, article six of this chapter, relating to advisory
councils of students, is repealed.
(p) Effective the thirtieth day of June, two thousand,
section four, article six of this chapter, relating to advisory
councils of classified employees, is repealed.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-1. Higher education policy commission established;
development of public policy agenda.
There is hereby created the "higher education policy
commission", hereinafter referred to as the "commission", which
is responsible for developing, gaining consensus around, 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 governing board or boards.
§18B-1B-2. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The commission is comprised of nine members, of whom one
shall be the secretary of education and the arts, ex officio, who
is entitled to vote; and one shall be a member of the state board
of education, selected by that board, who is entitled to vote. The member selected by the state board of education shall not
continue as a member of the commission if he or she is no longer
serving as a member of the state board of education. In that
event, another member of the state board shall be selected by that
board.
(b) The other seven members of the commission shall be
citizens of the state, appointed by the governor, by and with the
advice and consent of the Senate: Provided, That, prior to
appointment, the governor shall interview each candidate to assure
that the person selected understands and is committed to achieving
the goals and objectives as set forth in the institutional
compacts and in section one-a, article one of this chapter. The
governor shall invite the president of the senate, the speaker of
the house, the chairs of the senate and house committees on
finance and education and such other legislative leaders as the
governor may determine to participate in interviewing potential
candidates. Each member appointed to the commission by the
governor shall represent the public interest and shall be
committed to the legislative intent and goals set forth in section
one-a, article one of this chapter.
(c) The governor may not appoint any person to be a member
of the commission 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 or an appointee
or employee of any governing board, or an immediate family member
of any employee under the jurisdiction of the commission or any
governing board. Of the members appointed by the governor from the
public at large, no more than four thereof shall belong to the
same political party and at least two shall be appointed from each
congressional district.
(d) The governor shall appoint seven members to the
commission on 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.
(e) The terms of the members appointed by the governor shall
be for overlapping terms of five years, except, of the original
appointments, one shall be appointed to a term of one year, two
shall be appointed to a term of two years, two shall be appointed
to a term of three years, and two shall be appointed to a term of
four years. Each subsequent appointment which is not for the
purpose of filling a vacancy in an unexpired term shall be for a
term of four years.
(f) The governor shall appoint a member to fill any vacancy
among the seven members of the commission appointed by the governor, by and with the advice and consent of the Senate, which
member appointed to fill such vacancy shall serve for the
unexpired term of the vacating member. The governor shall fill
the vacancy within thirty days of the occurrence of the vacancy.
(g) No member appointed by the governor shall be eligible to
serve more than two consecutive terms.
(h) 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.
(i) No member of the commission appointed by the governor may
be removed from office by the governor except for official
misconduct, incompetence, neglect of duty or gross immorality, and
then only in the manner prescribed by law for the removal of the
state elective officers by the governor.
§18B-1B-3. Meetings and compensation.
(a) The secretary of education and the arts shall call the
initial meeting of the commission and preside until a chairperson
is selected. Thereafter, the commission shall meet as needed at
the time and place specified by the call of the chairperson.
(b) The commission shall hold an annual meeting each June for
the purpose of electing officers for the next fiscal year. At the
annual meeting, the commission shall elect from its members
appointed by the governor a chairperson and other officers as it
may consider necessary or desirable: Provided, That the initial
meeting for the purpose of selecting the first chairperson and
other officers shall be held during July, two thousand, or as soon
thereafter as practicable. All officers shall be elected from the
citizen appointees. 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 of the following year: Provided, however, That the terms of
officers elected in July, two thousand, begin upon election and
end on the thirtieth day of June, two thousand one. The
chairperson of the board may serve no more than two consecutive
terms as chair.
(c) Members of the commission shall be reimbursed for actual
and necessary expenses incident to the performance of their duties
upon presentation of an itemized sworn statement thereof. The
foregoing reimbursement for actual and necessary expenses shall
be paid from appropriations made by the Legislature to the
commission.
(d) A majority of the members constitutes a quorum for
conducting the business of the commission.
§18B-1B-4. Powers and duties of higher education policy
commission.
(a) The primary responsibility of the commission is to
develop policy that will achieve the goals and objectives found
in section one-a, article one of this chapter. To that end, the
commission has the following powers and duties:
(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 ten of this article
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 education and general
funding for institutions pursuant to section five, article one-a
of this chapter;
(B) Serve to maintain institutional assets, including, but
not limited to, human and physical resources and deferred
maintenance; 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 governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education system as a whole 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) Review the progress of community and technical colleges
in every region of West Virginia; such review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
(7) Serve as the accountability point for the governor for
implementation of the public policy agenda and for the Legislature
by maintaining a close working relationship with the legislative
leadership and the legislative oversight commission on education
accountability;
(8) 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;
(9) 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;
(10) Establish the benchmarks and performance indicators
necessary to measure institutional achievement towards state
policy priorities and institutional missions;
(l1) In January, two thousand one, and annually thereafter,
report to the Legislature and to the legislative oversight
commission on education accountability during the January interim
meetings, on a date, and at a time and location to be determined
by the president of the Senate and the speaker of the House of
Delegates. The report shall address at least the following:
(A) The performance of the system of higher education 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 collected pursuant to
subsection (i), section one, article ten of this chapter 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) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) Develop a formal process for identifying needs for
capital investments and for establishing priorities for these
investments;
(13) Effective the first day of July, two thousand, 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 one million dollars in
cost. No such project may be pursued by an institution without
the approval of the commission: Provided, That, this provision
does not apply to any project begun prior to the first day of
July, two thousand. Neither the commission nor any institution
shall approve or promote any capital project or policy for housing
which gives a financial advantage to a private sector capital
project over an existing West Virginia business;
(14) Draw upon the expertise available within the human
resources investment council and the West Virginia development office as a resource in the area of workforce development and
training;
(15) 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;
(16) Employ a chancellor for higher education pursuant to
section five of this article;
(17) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the commission;
(18) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(19) Conduct a study of the faculty tenure system as
administered by the governing boards 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;
(20) Advise and consent in the appointment of the presidents
of the institutions of higher education. The role of the
commission in approving an institutional president is to assure
through personal interview 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;
(21) Approve the total compensation package from all sources
for institutional presidents, as proposed by the governing boards.
The governing boards must obtain approval from the commission of
the total compensation package both when institutional presidents
are employed initially and afterward when any change is made in
the amount of the total compensation package;
(22) 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 postsecondary
education and careers related, as far as possible, to results from
current assessment tools in use in West Virginia; and
(23) Approve a uniform standard, as developed by the
chancellor, to determine which students shall be placed in
remedial or developmental courses. The standard shall be aligned
with college admission tests and assessment tools used in West Virginia and shall be applied uniformly by the governing boards
throughout the public higher education system. The chancellor
shall develop a clear, concise explanation of the standard which
the governing boards shall communicate to the state board of
education and the state superintendent of schools;
(24) Review and approve or disapprove capital projects as
described in section subdivision (12), subsection (a) of this
section; and
(25) Develop 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;
(B) Reviewing courses and programs offered within the state
by nonstate public or private institutions of higher education;
(26) 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
regionally 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;
(27) 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 regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(28) 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
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(29) 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 or other education
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;
(30) 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;
(31) Develop guidelines for higher education governing boards
and institutions to follow providing, without limitation, that
higher education governing boards and institutions shall not
support or promote, directly or indirectly, any private sector
capital project for housing that removes real property or a
capital project from the property tax rolls or reduces the
property taxes for real property or a capital project;
(32) Certify to the Legislature, on or before the first day
of February, two thousand one, the priority funding percentages
and other information needed to complete the allocation of funds
in section five, article one-a of this chapter;
(33) 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;
(34) Initiate a full review and analysis of all student fees
charged by state institutions of higher education and make
recommendations to the legislative oversight commission on
education accountability no later than the second day of January,
two thousand two. The final report shall contain findings of fact
and recommendations for proposed legislation to condense, simplify
and streamline the fee schedule and the use of fees or other money
collected by state institutions of higher education;
(35) The commission has the authority to assess institutions
for the payment of expenses of the commission or for the funding
of statewide higher education services, obligations, or
initiatives;
(36) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying non-capital
expenditures incurred in the provision of services to students
with physical, learning, or severe sensory disabilities; and
(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, 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 to receive and disburse 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 commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The policy commission is authorized to withdraw specific
powers of any institutional governing board for a period not to
exceed two years if the commission makes a determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated
by independent audit, of significant mismanagement or failure to
carry out the powers and duties of the institutional board of
governors according to state law; or
(3) Other circumstances which, in the view of the policy
commission, severely limit the capacity of the institutional board
of governors to carry out its duties and responsibilities.
(e) The period of withdrawal of specific powers may not
exceed two years during which time the policy commission is
authorized to take steps necessary to reestablish the conditions
for restoration of sound, stable and responsible institutional
governance.
(f) The policy commission is authorized to withdraw specific
powers of any institutional governing board for a period not to
exceed two years if the commission makes a determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated
by independent audit, of significant mismanagement or failure to carry out the powers and duties of the institutional board of
governors according to state law; or
(3) Other circumstances which, in the view of the policy
commission, severely limit the capacity of the institutional board
of governors to carry out its duties and responsibilities.
(g) The period of withdrawal of specific powers may not
exceed two years during which time the policy commission is
authorized to take steps necessary to re-establish the conditions
for restoration of sound, stable and responsible institutional
governance.
(h) Notwithstanding the provisions of section six, article
one-a of this chapter, the commission shall undertake a study of
the most effective and efficient strategies and policies to
address the findings and intent of this section.
(1) The issues addressed by this study shall include, but not
be limited to:
(A) Strategies to ensure access to graduate education;
(B) The development of state colleges as regional graduate
centers with authority to broker access to graduate programs in
their responsibility areas;
(C) The process by which state colleges obtain authorization
to grant graduate degrees;
(D) The relationship of regional graduate centers at state
colleges to graduate programs offered within those regions by
state universities; and
(E) Other issues related to initiatives to meet each region's
need and enhance the quality and competitiveness of graduate
programs offered and/or brokered by West Virginia state colleges
and universities.
(2) The commission shall report the findings of this study
along with the recommendations for legislative actions, if any,
to address these findings and the intent of this section, to the
legislative oversight commission on education accountability by
the first day of January, two thousand one.
§18B-1B-5. Employment of chancellor for higher education; office;
powers and duties generally; employment of vice chancellors.
(a) The commission, created pursuant to section one of this
article, shall employ a chancellor for higher education who shall
be the chief executive office of the commission and who shall
serve at its will and pleasure. The vice chancellor for
administration, employed by the commission pursuant to section
two, article four of this chapter, shall serve as the interim
chancellor until a chancellor is employed.
(b) The commission shall set the qualifications for the
position of chancellor 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 chancellor.
(c) 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 of a state institution of higher
education or the administrative head of a governing board.
(d) With the approval of the commission, the chancellor may
employ a vice chancellor for health sciences who shall serve at
the will and pleasure of the chancellor. The vice chancellor for
health sciences shall coordinate the West Virginia university
school of medicine, the Marshall university school of medicine,
and the West Virginia school of osteopathic medicine and also
shall provide assistance to the governing boards on matters
related to medical education and health sciences. The vice
chancellor for health sciences shall perform all duties assigned by the chancellor, the commission and state law. In the case of
a vacancy in the office of vice chancellor of health sciences, the
duties assigned to this office by law are the responsibility of
the chancellor or a designee;
(e) With the approval of the commission, the chancellor shall
employ a vice chancellor for community and technical college
education and workforce development who serves at the will and
pleasure of the chancellor. The duties of this position 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 vice chancellor for community and technical
college education and workforce development, which vice chancellor
shall become the vice chancellor for community and technical
college education and workforce development. It is the duty and
responsibility of the vice chancellor for community and technical
college education to:
(1) Provide assistance to the commission, the chancellor and
the governing boards on matters related to community and technical
college education;
(2) Advise, assist and consult regularly with the
institutional presidents; institutional boards of governors or boards of advisors, as appropriate; and district consortia
committees of the state institutions of higher education involved
in community and technical college education; and
(3) Perform all duties assigned by the chancellor, the
commission and state law;
(4) With the approval of the commission, the chancellor shall
employ a vice chancellor for administration pursuant to section
two, article four of this chapter;
(5) Apart from the offices of the vice chancellors as set
forth in this section and section two, article four of this
chapter, the chancellor shall determine the organization and
staffing positions within the office that are necessary to carry
out his or her powers and duties and may employ necessary staff;
(f) The chancellor 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;
(g) The chancellor shall be responsible for the day-to-day
operations of the commission and shall have 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 including the offices of the
chancellor and the vice chancellors;
(4) To serve as the accountability point for rules
promulgated by the governing boards by:
(A) Providing technical assistance, when requested, to the
governing boards in the development of rules;
(B) Reviewing rules promulgated by the governing boards and
approving them for filing with the office of the secretary of
state;
(C) Determining when a joint rule among the governing boards
is necessary or required by law, and, in those instances and in
consultation with the governing boards, promulgating the joint
rule; and
(D) Ensuring that the governing boards meet all the
requirements for promulgating rules as set forth in article three-
a, chapter twenty-nine-a of this code;
(5) To perform all other duties and responsibilities assigned
by the commission or by state law;
(6) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities;
(7) The chancellor 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 chancellor shall work closely
with the legislative oversight commission on education
accountability and with the elected leadership of the state to
ensure that they are fully informed about higher education issues
and that the commission fully understands the goals for higher
education that the Legislature has established by law;
(h) The chancellor may design and develop for consideration
by the commission new statewide or regional initiatives in
accordance with the goals set forth in section one-a, article one
of this chapter and the public policy agenda articulated by the
commission.
(i) The chancellor shall work closely with members of the
state board of education and with the state superintendent of
schools to assure that the following goals are met:
(1) Development and implementation of a seamless
kindergarten-through-college system of education; and
(2) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
commission and the state board of education, the chancellor shall
serve as an ex officio, nonvoting member of the state board of
education.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Effective on
the first day of July, two thousand, appointment of presidents of
the public institutions of higher education shall be made as
follows:
(1) Subject to the approval of the commission, the
appropriate governing board of the institution 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, Shepherd
college, southern West Virginia community and technical college,
West Liberty state college, West Virginia northern community and
technical college, West Virginia school of osteopathic medicine,
West Virginia state college and West Virginia university;
(2) Subject to the approval of the appropriate governing
board and to the provisions of article three-c of this chapter,
the president of the appropriate institution shall appoint the
president of the regional campuses of West Virginia university and of the community and technical colleges which remain linked
administratively to a sponsoring institution. The presidents of
such regional campuses and community and technical colleges shall
serve at the will and pleasure of the institutional president.
(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, the president of Glenville state college
and the president of West Virginia state college shall appoint the
provost of the community and technical college at their respective
institutions, who shall serve at the will and pleasure of the
president of the employing institution.
(b) Incumbent heads of institutions. -- Any president of a
public institution of higher education in office on the first day
of July, two thousand, shall continue in office subject to state
law: Provided, That the provost of an administratively linked
community and technical college in office on the thirtieth day of
June, two thousand one, shall become the president of that
community and technical college on the first day of July, two
thousand one, unless the governing board of the institution,
subject to the consent of the commission, determines otherwise.
The presidents shall continue in office subject to state law and subject to the will and pleasure of the appropriate governing
board or employing institution.
(c) Evaluation of institutional presidents. -- The governing
boards shall conduct written performance evaluations of each
institution's president: Provided, That the presidents of regional
campuses and of administratively linked community and technical
colleges shall be evaluated by the president of the employing
institution, in every fourth year of employment as president,
recognizing unique characteristics of the institution and
utilizing institutional personnel, institutional boards of
advisors as appropriate, staff of the appropriate governing board
and persons knowledgeable in higher education matters who are not
otherwise employed by a governing board. A part of the evaluation
shall be a determination of the success of the institution in
meeting the requirements of its institutional compact.
§18B-1B-7. Duties of higher education policy commission during
transition year.
During the transition year beginning on the first day of
July, two thousand, and ending on the thirtieth day of June, two
thousand one, the following is the intent of the Legislature:
(a) The higher education interim governing board, established
in article one-c of this chapter, is the governing agency for
public higher education in West Virginia;
(b) The chancellor for higher education shall provide to the
governing board adequate and appropriate staff assistance to carry
out its duties and responsibilities as assigned by law;
(c) The commission shall focus its attention first on
organizing itself to carry out its duties and responsibilities,
including, but not limited to, establishing a search and screening
process to identify candidates and to employ a chancellor;
(d) The commission shall focus its attention second on the
following policy areas, but may consider others as appropriate:
(1) Developing legislative rules as required by law.
(2) Researching and developing the elements of the finance
plan required by section five, article one-a of this chapter;
(3) Developing guidelines to be used by institutional boards
of governors in employing institutional presidents;
(4) Developing a statewide master plan pursuant to section
nine, article one-b of this chapter;
(5) Developing and approving the institutional compacts as
provided in section two, article one-a of this chapter;
(6) Developing a plan to provide on-going education and
training opportunities to members of institutional boards of
governors and institutional boards of advisors, including, but not
limited to, exploring the possibility of obtaining private funds
to bring members together for orientation, education and leadership training prior to the first day of July, two thousand
one;
(7) Establishing a peer group for each public institution of
higher education in the state as provided in section three,
article one-a of this chapter;
(8) Developing the elements of the higher education report
card to be used to report institutional and system progress on
meeting the goals and objectives of the institutional compacts and
of section one-a, article one of this chapter.
(e) On or before the first day of January, two thousand one,
the commission shall certify to the governor, the president of the
senate and the speaker of the house of delegates draft legislation
which will accomplish the transfer of all powers, duties,
property, obligations, contracts, rules, orders, resolutions or
any other matters which should be transferred or vested in the
commission, the governing boards or any other agency. In the
event the Legislature does not enact legislation which
accomplishes the recommended transfers or vesting, effective the
first day of July, two thousand one, all such matters are
transferred to and vested in the commission and the commission is
hereby authorized and directed to delegate such matters as is
consistent with assigned powers and duties in section four of this
article and section four, article two-a of this chapter. In the event of a dispute between or among the commission and the
governing boards as to the proper delegation of these matters, the
decision of the commission shall control.
§18B-1B-8. 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
recordkeeping 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
a governing board wishes to include shall be contained in a
separate appendix available for a reasonable fee to the general
public upon request.
(c) The president or chief executive officer 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 their 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 vice chancellor for administration shall provide
technical assistance to each institution and governing board in data collection and reporting and is responsible for assembling
the statewide report card from information submitted by each
governing board. 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, the governing boards,
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 chancellor shall make copies
of the report cards available to any individual requesting them.
§18B-1B-9. Statewide master plan.
(a) The 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.
(c) The master plan shall include, but not be limited to, the
following:
(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 well-developed set 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 involving and collaborating with the state
board of education, the public and private institutions of higher
education 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 1C. TRANSITION IMPLEMENTATION.
§18B-1C-1. Transition oversight.
(a) The legislative oversight commission on education
accountability is charged with responsibility to monitor and
oversee implementation of the policy changes required by this act.
(b) The responsibilities of the commission include, but are
not limited to, the following:
(1) Reviewing the overall progress of the policy commission
and institutions in implementing the provisions of this act;
(2) Reviewing the implementation of financing policy
including:
(A) Monitoring the process for selecting peer institutions
as provided for in section three, article one-a of this chapter;
(B) Monitoring the process for determining the institutional
operating budgets pursuant to section five, article one-a of this
chapter;
(3) Monitoring the development of indicators and benchmarks
as provided for in section two, article one-a of this chapter;
(4) Monitoring the development of the institutional compacts
pursuant to section two, article one-a of this chapter and the statewide master plan required in section ten, article one-b of
this chapter; and
(5) Subject to the provisions of section eight, article one-b
of this chapter, evaluating the existing community and technical
college programs and services at each of the community and
technical colleges and determining the effectiveness of the
indicated manner to accomplish the essential conditions at each
institution. Notwithstanding the provisions of section eight,
article three-c of this chapter, the team shall determine if the
goals of section one-a, article one of this chapter are being met
under the current structure;
(c) The provisions of this section expire the thirtieth day
of June, two thousand one.
§18B-1C-2. Higher education interim governing board.
(a) There is hereby established the higher education interim
governing board, to serve as the "institutional board of
governors" for all state institution of higher education, as
provided for in article two-a of this chapter, from the effective
date of this act through the thirtieth day of June, two thousand
one.
(b) The interim governing board is comprised of seven
persons, appointed by the governor, with the advice and consent of the Senate. Nothing prohibits any member of any other
governing board from being appointed to this board.
(c) The interim governing board shall be appointed as soon
as possible after the passage of this act and shall continue its
duties until the thirtieth day of June, two thousand one.
Appointments to the board shall be made so that members may begin
their work no later than the first day of July, two thousand.
(d) Any person appointed to a position on the board shall
have governing experience in higher education; be knowledgeable
on education matters; represent the public interest; and be
especially qualified in the field of higher education.
(e) The members shall elect a chairman.
(f) The board shall meet as needed at the time and place
specified by the call of the chairperson or a majority of the
members.
(g) The intent and purposes of the interim governing board
are:
(1) To serve and act as the governing board for state
institutions of higher education for the period of one year
beginning the first day of July, two thousand, and ending the
thirtieth day of June, two thousand one, and to ensure a smooth,
efficient transition to a new governing structure to be effective
the first day of July, two thousand one;
(2) Initiate the implementation of this act to inform the
governor and the Legislature of the implementation status and any
areas in which further executive or legislative action may be
necessary;
(3) To advise and assist the commission on implementation of
the act in a manner which 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.
(h) Members of the commission shall be reimbursed for actual
and necessary expenses incident to the performance of their duties
upon presentation of an itemized sworn statement thereof. The
reimbursement shall be paid from legislative appropriations and
other funds available to the commission.
(i) A majority of the members constitutes a quorum for
conducting the business of the board.
(j) On the first day of July, two thousand, there is
transferred to the interim governing board, all powers, duties,
property, obligations, contracts, rules, orders, resolutions or any other matters which were vested in the prior boards of
trustees, directors, or both.
(k) The provisions of this section expire the thirtieth day
of June, two thousand one.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
§18B-2-1. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The board of trustees shall consist of seventeen persons,
of whom one shall be the chancellor of the board of directors of
the state college system, ex officio, who shall not be entitled
to vote; one shall be the state superintendent of schools, ex
officio, who shall not be entitled to vote; one shall be the
chairman of the advisory council of students, ex officio, who
shall be entitled to vote; one shall be the chairman of the
advisory council of faculty, ex officio, who shall be entitled to
vote; and one shall be the chairman of the advisory council of
classified employees, ex officio, who shall be entitled to vote.
The other twelve trustees shall be citizens of the state,
appointed by the governor, by and with the advice and consent of
the Senate.
Each of the trustees appointed to the board by the governor
shall represent the public interest and shall be especially qualified in the field of higher education by virtue of the
person's knowledge, learning, experience or interest in the field.
Except for the ex officio trustees, no person shall be
eligible for appointment to membership on the board of trustees
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 or an appointee or employee of the
board of trustees or the board of directors: Provided, That if
there are no ethical restrictions under state or federal law, a
federal employee may serve as a member of the board of trustees.
Of the twelve trustees appointed by the governor from the public
at large, not more than six thereof shall belong to the same
political party and at least two trustees shall be appointed from
each congressional district.
Except as provided in this section, no other person may be
appointed to the board.
(b) The governor shall appoint twelve trustees as soon after
the first day of July, one thousand nine hundred eighty-nine, as
is practicable, and the original terms of all trustees shall
commence on that date.
The terms of the trustees appointed by the governor shall be
for overlapping terms of six years, except, of the original
appointments, four shall be appointed to terms of two years, four
shall be appointed to terms of four years and four shall be
appointed to terms of six years. Each subsequent appointment
which is not for the purpose of filling a vacancy in an unexpired
term shall be for a term of six years.
The governor shall appoint a trustee to fill any vacancy
among the twelve trustees appointed by the governor, by and with
the advice and consent of the Senate, which trustee appointed to
fill such vacancy shall serve for the unexpired term of the
vacating trustee. The governor shall fill the vacancy within
sixty days of the occurrence of the vacancy.
All trustees appointed by the governor shall be eligible for
reappointment: Provided, That a person who has served as a
trustee or director during all or any part of two consecutive
terms shall be ineligible to serve as a trustee or director for
a period of three years immediately following the second of the
two consecutive terms.
The chairman of the advisory council of students, ex officio;
the chairman of the advisory council of faculty, ex officio; and
the chairman of the advisory council of classified employees, ex officio, shall serve the terms for which they were elected by
their respective advisory councils. These members shall be
eligible to succeed themselves.
(c) Before exercising any authority or performing any duties
as a trustee, each trustee 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.
(d) No trustee appointed by the governor shall be removed
from office by the governor except for official misconduct,
incompetence, neglect of duty or gross immorality, and then only
in the manner prescribed by law for the removal of the state
elective officers by the governor.
(e) The board of trustees is abolished the thirtieth day of
June, two thousand.
(f) On the first day of July, two thousand, there is
transferred to the interim governing board, all powers, duties,
property, obligations, contracts, rules, orders, resolutions or
any other matters which were vested in the prior boards of
trustees, directors, or both.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) Effective the thirtieth day of June, two thousand one,
the institutional boards of advisors at Bluefield state college,
Concord college, eastern West Virginia community and technical
college, Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and
technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and West
Virginia university are abolished.
(b) Effective the first day of July, two thousand one, an
institutional board of governors is established at each of the
following institutions: Bluefield state college, Concord college,
eastern West Virginia community and technical college, Fairmont
state college, Glenville state college, Marshall university,
Shepherd college, southern West Virginia community and technical
college, West Liberty state college, West Virginia northern
community and technical college, the West Virginia school of
osteopathic medicine, West Virginia state college and West
Virginia university. Each institutional board of governors shall
consist of twelve persons: Provided, That the institutional
boards of governors for Marshall university and West Virginia university shall consist of fifteen persons. Each institutional
board of governors shall include:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body;
(3) A member of the institutional classified staff duly
elected by the classified staff; and
(4) Nine lay members appointed by the governor by and with
the advice and consent of the Senate pursuant to section one-a,
article six of this chapter: Provided, That for the institutional
boards of governors at Marshall university and West Virginia
university, twelve lay members shall be appointed by the governor
by and with the advice and consent of the Senate pursuant to
section one-a, article six of this chapter: Provided, however,
That, of the appointed lay members, the governor shall appoint one
superintendent of a county board of education from the area served
by the institution: Provided further, That in making the initial
appointments to the institutional boards of governors, the
governor shall appoint, except in the case of death, resignation,
or failure to be confirmed by the Senate, those persons who are lay members of the institutional boards of advisors for those
institutions named in subsection (a) on the thirtieth day of June,
two thousand one, and appointed pursuant to section one-a, article
six of this chapter.
(c) Of the nine members appointed by the governor, no more
than five may be of the same political party: Provided, That of
the twelve members appointed by the governor to the governing
boards of Marshall university and West Virginia university, no
more than seven may be of the same political party. At least six
of the members shall be residents of the state: Provided, however,
That of the twelve members appointed by the governor to the
governing boards of Marshall university and West Virginia
university, at least eight of the members shall be residents of
the state. The student member shall serve for a term of one year.
The term beginning in July, two thousand, shall end on the
thirtieth day of June, two thousand one. The term beginning in
July, two thousand one, shall end on the thirtieth day of June,
two thousand two. Thereafter, the term shall begin on the first
day of July. The faculty member and the classified staff member
shall serve for a term of two years: Provided further, That the
term beginning in July, two thousand, shall end on the thirtieth
day of June, two thousand one, and the term beginning in July, two thousand one, shall end on the thirtieth day of June, two thousand
three. Thereafter, the term shall begin on the first day of July.
The appointed lay citizen members shall serve terms of four years
each. All members shall be eligible to succeed themselves for no
more than one additional term. A vacancy in an unexpired term of
a member shall be filled for the unexpired term within thirty days
of the occurrence of the vacancy in the same manner as the
original appointment or election. Except in the case of a
vacancy, all elections shall be held and all appointments shall
be made no later than the thirtieth day of June preceding the
commencement of the term: And provided further, That election of
officers for the term beginning in July, two thousand, one shall
be made that July. Each institutional board of governors shall
elect one of its appointed lay members to be chairperson in June
of each year: And provided further, That no member may serve as
chairperson for more than two consecutive years.
(d) The appointed members of the institutional boards of
governors shall serve staggered terms. Of the initial
appointments by the governor to each of the institutional boards
of governors, two shall be appointed for terms of one year, two
shall be appointed for terms of two years, two shall be appointed
for terms of three years and three shall be appointed for terms of four years: Provided, That for the initial appointments to the
governing boards of Marshall university and West Virginia
university, three shall be appointed for terms of one year, three
shall be appointed for terms of two years, three shall be
appointed for terms of three years and three shall be appointed
for terms of four years. After the initial appointments, all
appointees shall serve for terms of four years.
(e) No person shall be eligible for appointment to membership
on an institutional board of governors who is an officer, employee
or member of any other institutional board of governors, a member
of an institutional board of advisors of any public institution
of higher education, an employee of any institution of higher
education, an officer or member of any political party executive
committee, the holder of any other public office or public
employment under the government of this state or any of its
political subdivisions or a member of the commission: Provided,
That this subsection shall not be construed to prevent the
faculty, classified staff, student representative or
superintendent of a county board of education from being members
of the governing boards: Provided, however, That a member of the
board of trustees or board of directors who is selected to serve on an institutional board of governors also may retain a seat on
the governing board from which he or she was selected.
(f) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as
such by taking and subscribing to the oath of office prescribed
by section five, article IV of the constitution of West Virginia
and the certificate thereof shall be filed with the secretary of
state.
(g) No member of a governing board appointed by the governor
may be removed from office by the governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the governor.
(h) The president of the institution shall make available
resources of the institution for conducting the business of its
institutional board of governors. The members of the
institutional board of governors shall serve without compensation,
but shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their official duties
under this article upon presentation of an itemized sworn
statement of their expenses. All expenses incurred by the
institutional board of governors and the institution under this section shall be paid from funds allocated to the institution for
that purpose.
§18B-2A-2. Meetings.
(a) The boards of governors shall hold at least six meetings
in every fiscal year, including an annual meeting each June:
Provided, That an annual meeting for the purpose of selecting the
first chairperson and other officers shall be held during July,
two thousand one. The president of the appropriate institution
shall call the first meeting of the institutional board of
governors 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 boards of
governors, seven shall constitute a quorum, and a majority vote
of the quorum shall be necessary to pass upon matters before the
institutional board of governors.
(b) The boards of governors may set aside time as they
consider appropriate to afford administrators, faculty, students
and classified staff an opportunity to discuss issues affecting
these groups.
§18B-2A-3. Governing boards under chancellor for higher education.
(a) Effective on the first day of July, two thousand, the
governing board or boards are subject to the supervision of the
chancellor for higher education pursuant to the provisions of
article one-b of this chapter. Rules adopted by the governing
boards are subject to approval by the chancellor.
(b) The chancellor is responsible for the coordination of
policies and purposes of the governing boards and shall provide
for and facilitate sufficient interaction among the governing
boards and between the governing boards and the state board of
education to meet the goals and objectives provided for in the
compacts and in section one-a, article one of this chapter.
(c) The governing board or boards and the state board of
education shall provide any and all information requested by the
chancellor in a timely manner.
§18B-2A-4. Powers and duties of governing boards generally.
Effective the first day of July, two thousand one, each
governing board shall separately have the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institutions of higher education under its jurisdiction;
(b) Develop a master plan for the institutions under its
jurisdiction; except the administratively linked community and technical colleges shall develop their master plans subject to the
provisions of section one, article six of this chapter. The
ultimate responsibility for developing and updating the master
plans at the institutional level resides with the institutional
board of governors, but the ultimate responsibility for approving
the final version of the institutional master plans, including
periodic updates, resides with the commission. Each master plan
shall include, but not be limited to the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional
compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(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 shall be revised periodically as necessary, including the addition or deletion of degree
programs as, in the discretion of the appropriate governing board,
may be necessary.
(c) 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 area
of responsibility and to avoid unnecessary duplication;
(d) Direct the preparation of a budget request for the state
institutions of higher education under its jurisdiction, such
request to relate directly to missions, goals and projections as
found in the institutional master plans and the institutional
compacts;
(e) Consider, revise and submit to the commission a budget
request on behalf of the state institutions of higher education
under its jurisdiction;
(f) 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 district. As a part of the
review, each governing board shall require the institutions under its jurisdiction to conduct periodic studies of its graduates and
their employers to determine placement patterns and the
effectiveness of the education experience. Where appropriate,
these studies should make use of the studies required of many
academic disciplines by their accrediting bodies.
(g) The governing boards also shall ensure that the sequence
and availability of academic programs and courses offered by the
institutions under their jurisdiction is such that students have
the maximum opportunity to complete programs in the time frame
normally associated with program completion. Each governing board
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 individual governing board to
control, to assure core coursework completed at state institutions
of higher education under its jurisdiction is transferable to any
other state institution of higher education for credit with the
grade earned.
(h) Subject to the provisions of article one-b of this
chapter, the appropriate governing board has the exclusive
authority to approve the teacher education programs offered in the
institution under its control. In order to permit graduates of
teacher education programs to receive a degree from a nationally
accredited program and in order to prevent expensive duplication of program accreditation, the chancellor may select and utilize
one nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation.
(i) Utilize faculty, students and classified staff in
institutional-level planning and decision making when those groups
are affected.
(j) Administer a system for the management 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 chancellor may promulgate a new
uniform rule for the purpose of standardizing, as much as
possible, the administration of personnel matters among the
institutions of higher education;
(k) 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.
(l) Solicit and utilize or expend voluntary support,
including financial contributions and support services, for the
state institutions of higher education under its jurisdiction;
(m) Appoint a president or other administrative head for the
institutions of higher education under its jurisdiction subject
to the provisions of section six, article one-b of this chapter.
(n) Conduct written performance evaluations of each
institution's president pursuant to section six, article one-b of
this chapter;
(o) Submit to the commission no later than the first day of
November of each year, an annual report of the performance of the
institutions of higher education under its jurisdiction during the
previous fiscal year as compared to stated goals in its master
plan and institutional compact; and
(p) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and
customized training courses at locations either on campuses of the
public institution of higher education or at off-campus locations
in the institution's responsibility district. To accomplish this
goal, the boards are permitted to share resources among the
various groups in the community.
(q) Delegate, with prescribed standards and limitations, the
part of its power and control over the business affairs of a
particular state institution of higher education under its
jurisdiction to the president or other administrative head of the
state institution of higher education in any case where it
considers the delegation necessary and prudent in order to enable
the institution to function in a proper and expeditious manner and
to meet the requirements of its institutional compact. If a
governing board elects to delegate any of its power and control
under the provisions of this subsection, it shall notify the
chancellor. Any such delegation of power and control may be
rescinded by the appropriate governing board or the chancellor at
any time, in whole or in part.
(r) Unless changed by the commission, the governing boards
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 than scores
designated by the appropriate governing board when the credit is
to be used toward meeting a requirement of the core curriculum for
a major in that department.
(s) Each governing board, or its 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 its jurisdiction that ensures that properly
submitted requests for payment be paid on or before due date, but
in any event, within fifteen days of receipt in the state
auditor's office.
(t) The governing boards in consultation with the chancellor
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 their 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 governing boards shall have the authority to
transfer funds from any account specifically appropriated for
their use to any corresponding line item in a general revenue
account at any agency or institution under their jurisdiction as long as such transferred funds are used for the purposes
appropriated. The governing boards also shall have the authority
to transfer funds from appropriated special revenue accounts for
capital improvements under their jurisdiction to special revenue
accounts at agencies or institutions under their jurisdiction as
long as such transferred funds are used for the purposes
appropriated.
(v) Notwithstanding any other provision of this code to the
contrary, the governing boards may acquire legal services as are
considered necessary, including representation of the governing
boards, their institutions, employees and officers before any
court or administrative body. The counsel may be employed either
on a salaried basis or on a reasonable fee basis. In addition,
the governing boards may, but are not required to, call upon the
attorney general for legal assistance and representation as
provided by law.
ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-
TECHNICAL-OCCUPATIONAL EDUCATION.
§18B-3A-1. Joint commission continued; jurisdiction of higher
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 higher 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 chancellor and the vice chancellor for
community and technical college education 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 funding 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 person who is employed by an institution of higher
education, and no person who is engaged in providing, or employed
by a person or company whose primary function is to provide
workforce development services and activities, is eligible to
serve on the joint commission. No provider of educational
services, workforce development services or related activities may
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 vice
chancellor for community and technical college education 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 ex officio, nonvoting
members of the joint commission. The members shall elect a chair
from among the business representatives.
(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. No member may serve more than two
consecutive full terms nor may any member be appointed to a term
which results in the member serving more than eight consecutive
years.
(c)
The joint commission shall meet at least quarterly and
may meet more often at the call of the cochairs. 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 chancellor, the vice
chancellor for community and technical college education 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 chancellor and the vice
chancellor for community and technical college education 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 chancellor, 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 geographic areas for which each of the community and technical
colleges is responsible;
(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;
(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; and
(10) To review and make recommendations to the policy
commission for the approval of the institutional master plans for
the community and technical colleges.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-1. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The board of directors of the state college system shall
consist of sixteen persons, of whom one shall be the chancellor of the university of West Virginia board of trustees, ex officio,
who shall not be entitled to vote; one shall be the state
superintendent of schools, ex officio, who shall not be entitled
to vote; one shall be the chair of the joint commission for
vocational-technical-occupational education, ex officio, who shall
not be entitled to vote; one shall be the chairman of the advisory
council of students, ex officio, who shall be entitled to vote;
one shall be the chairman of the advisory council of faculty, ex
officio, who shall be entitled to vote; and one shall be the
chairman of the advisory council of classified employees, ex
officio, who shall be entitled to vote. The other ten directors
shall be citizens of the state, appointed by the governor, by and
with the advice and consent of the Senate. On or after the tenth
day of March, one thousand nine hundred ninety-six, the board
shall be reconstituted and all terms of members appointed by the
governor prior to the tenth day of March, one thousand nine
hundred ninety-six, shall expire upon the appointment by the
governor of all the directors required to be appointed by this
section. The governor shall make appointments required by this
section no later than the fifteenth day of March, one thousand
nine hundred ninety-six.
Each of the directors appointed to the board by the governor
shall represent the public interest and shall be especially qualified in the field of higher education by virtue of the
person's knowledge, learning, experience or interest in the field.
The relative enrollments of baccalaureate and community and
technical students in the state college system shall be considered
by the governor when making such appointments and the governor
shall use his or her best efforts to achieve a balance among the
members who reflect the various interests, goals and concerns
reflected by the relative enrollments.
Except for the ex officio directors, no person shall be
eligible for appointment to membership on the board of directors
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, or an appointee or employee of the
board of trustees or board of directors: Provided, That if there
are no ethical restrictions under state or federal law, a federal
employee may serve as a member of the board of directors. Of the
ten directors appointed by the governor from the public at large,
not more than five thereof shall belong to the same political
party and at least three directors of the board shall be appointed
from each congressional district.
Except as provided in this section, no other person may be
appointed to the board.
(b) The governor shall appoint ten directors as soon after
the tenth day of March, one thousand nine hundred ninety-six, as
is practicable, and the original terms of all directors shall
commence on that date. The terms of the directors appointed by
the governor shall be for overlapping terms of six years, except,
of the original appointments, three shall be appointed to terms
of two years, three shall be appointed to terms of four years and
four shall be appointed to terms of six years. Each subsequent
appointment which is not for the purpose of filling a vacancy in
an unexpired term shall be appointed to a term of six years.
The governor shall appoint a director to fill any vacancy
among the ten directors appointed by the governor, by and with the
advice and consent of the Senate, which director appointed to fill
such vacancy shall serve for the unexpired term of the vacating
director. The governor shall fill the vacancy within sixty days
of the occurrence of the vacancy.
All directors appointed by the governor shall be eligible for
reappointment: Provided, That a person who serves as a director
or trustee during all or any part of two consecutive terms
beginning after the first day of March, one thousand nine hundred ninety-six, shall be ineligible to serve as a director for a
period of three years immediately following the second of the two
consecutive terms.
The chairman of the advisory council of students, ex officio;
the chairman of the advisory council of faculty, ex officio; and
the chairman of the advisory council of classified employees, ex
officio, shall serve the terms for which they were elected by
their respective advisory councils. These members shall be
eligible to succeed themselves.
(c) Before exercising any authority or performing any duties
as a director, each director 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.
(d) No director appointed by the governor shall be removed
from office by the governor except for official misconduct,
incompetence, neglect of duty or gross immorality, and then only
in the manner prescribed by law for the removal by the governor
of the state elective officers.
(e) The board of directors is abolished the thirtieth day of
June, two thousand.
(f) On the first day of July, two thousand, there is
transferred to the interim governing board, all powers, duties, property, obligations, contracts, rules, orders, resolutions or
any other matters which were vested in the prior boards of
trustees, directors, or both.
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 diversity
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 among 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;
(C) Ranks forty-seventh in the nation in the proportion of
its adult population at the lowest levels of literacy; and
(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 No. 547, chapter
ninety-nine, acts of the Legislature, regular session, one
thousand nine hundred ninety-nine, 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 over 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 rather than the
critical functions of workforce development, developmental
education, community outreach and regional economic development
as defined in Senate Bill No. 547.
(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 No. 547 set forth a definition of the
kinds of community and technical college programs or service 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 No. 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 No. 547 was decidedly mixed.
(15) That Senate Bill No. 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 No. 547.
(16) That since the enactment of Senate Bill No. 547
increasing attention has been given to the related priority of
workforce development.
(17) That since the enactment of Senate Bill No. 547 changes
have accelerated dramatically in post-secondary education demand
and delivery systems.
(18) That the substantive goal of Senate Bill No. 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 which must be met
by each community and technical college in West Virginia in order
to address the needs of the people of the state.
(b) Legislative Intent. -- It is the intent of the
Legislature, that the process for achieving independently-
accredited community and technical colleges be carried out using
the most effective and most efficient method available. In
implementing this process the governing boards and institutions
of higher education should utilize facilities that already are
available. These include, but are not limited to, the facilities
of public high schools and vocational education centers. 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. Prior to pursuing any capital project, an institution
shall follow the guidelines for developing capital projects provided for in subdivision thirteen, subsection (a), 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 and four-year
colleges; that makes maximum use of shared facilities, faculty,
staff, equipment and other resources; that encourages traditional
and nontraditional students and adult learners to pursue a life-
time of learning; that serves as an instrument of economic
development; and that has the independence and flexibility to
respond quickly to changing needs;
(b) To charge the respective governing boards with providing
community and technical college education at state institutions
of higher education under their jurisdiction that have the
administrative, programmatic and budgetary control necessary to
allow maximum flexibility and responsiveness to district and
community needs. Education services shall be provided 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 responsibility districts for each of the
community and technical colleges to ensure accountability that the
full range of community and technical education programs and
services is 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 six of this article;
(c) Programmatic approval consistent with the provisions of
section nine 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 students, 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 governors or 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 nine 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 its governing board,
including authority to retain all tuition and fees generated by
the community and technical college for use to carry out its
mission.
(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 within which it is responsible for
providing the full array of community and technical college
programs and services as defined in section six of this article.
The programs and services shall address 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 other goals which
may be established by the commission. The responsibility districts shall be comprised of contiguous areas of the state
which have similar economic, industrial, educational, community
and employment characteristics to facilitate specialization in
mission and programming. For the purposes of initial
implementation and organization, the districts shall be comprised
as follows 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) Southern West Virginia community and technical college -
Logan, Boone, Lincoln, McDowell, Mingo, Raleigh and Wyoming
counties;
(4) Bluefield state community and technical college - Mercer,
Greenbrier, McDowell, Monroe, Pocahontas, Raleigh and Summers
counties;
(5) Glenville state community and technical college - Gilmer,
Barbour, Braxton, Calhoun, Clay, Lewis, Nicholas, Roane, Upshur
and Webster counties;
(6) Fairmont state community and technical college - Marion,
Doddridge, Harrison, Monongalia, Preston, Randolph, Taylor, and
Barbour counties;
(7) Shepherd community and technical college - Jefferson,
Berkeley, Grant and Morgan counties;
(8) Eastern West Virginia community and technical college -
Mineral, Grant, Hampshire, Hardy, Tucker and Pendleton counties;
and
(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.
(1) West Virginia State Community and Technical College -
Kanawha, Putnam and Clay counties.
(2) West Virginia university institute of technology
community and technical college - Fayette, Clay, Kanawha, Raleigh
and Nicholas counties.
(3) Marshall university community and technical college -
Cabell, Mason, Putnam and Wayne counties.
§18B-3C-5. Appointment of community and technical college
presidents.
The administrative head of a community and technical college
shall be the president or the provost, who shall be chosen
pursuant to the terms of section six, article one-b of this
chapter.
§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 and 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;
(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, subject to rules adopted
by the governing boards and the commission. The president and the
provost with the institutional board of governors or institutional
board of advisors, as appropriate, 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 nine 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.
(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 coursework 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.
§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 move 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, Potomac state college of West Virginia
university and West Virginia university institute of technology.
(b) To be eligible for funds appropriated to develop
independently accredited community and technical colleges, a state
institution of higher education shall 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 able to offer evidence annually to the
satisfaction of the commission that it is making progress toward
accomplishing the benchmarks established in its institutional
compact for developing an independently accredited community and
technical college; and
(3) That it has submitted an expenditure schedule approved
by the commission which sets forth a proposed plan of expenditures
for funds allocated to it from the fund.
(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) Marshall university community and technical college, West
Virginia state community and technical college and West Virginia
university institute of technology. -- The status of these
institutions shall be determined pursuant to the provisions of
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 and the institutional
board of governors of Bluefield state college are accountable to
the commission for ensuring that the full range of community and technical college services is 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.
(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 administratively linked to Bluefield state
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 is 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. Subject to the
provisions of section eight of this article, the president and the
governing board of Fairmont state college 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. Subject to the
provisions of section eight of this article, the community and
technical college will remain administratively linked to Fairmont
state college. 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.
Subject to the provisions of section eight of this article, the
president and the governing board of Shepherd college 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. Subject to
the provisions of section eight of this article, the community and
technical college will remain administratively linked to Shepherd
college. Nothing herein shall be construed to require Shepherd
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.
§18B-3C-9. Increasing flexibility for community and technical
colleges.
(a) Notwithstanding any rules or procedures of the governing
boards 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, shall not be
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
shall not be denied to a faculty member solely as a result of
change in employing institution necessitated by the change to
independently-accredited community and technical colleges.
(b) The governing boards 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 governing board or 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 governing boards shall promulgate rules to implement
the provisions of this section and shall file these rules for
review and approval with the chancellor no later than the first
day of December, two thousand.
§18B-3C-10. Free-standing community and technical colleges;
tuition and fees.
(a) During the transition year, beginning the first day of
July, two thousand, and ending the thirtieth day of June, two
thousand one, the appropriate governing board may fix tuition and
establish and set such other fees to be charged students at
community and technical colleges as it 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
appropriate governing board 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) Beginning on the first day of July, two thousand one, the
appropriate governing board may fix tuition and establish and set
such other fees to be charged students at community and technical
colleges as it considers appropriate, subject to the provisions
of subdivision (2) of this subsection.
(1) As used in this subsection, "appropriate governing board"
means:
(A) The governing board of the institution, in the case of
a freestanding community and technical college;
(B) The governing boards of Glenville state college and
Bluefield state college, respectively, in the cases of Glenville
community and technical college and Bluefield community and
technical college; and
(C) The institutional board of advisors in all other cases.
(2) The appropriate governing board, in consultation with the
joint commission, 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: Provided, That the joint commission
shall determine which fees, if any, do not apply to the entire
student population and to which students such fees do not apply. Such special fees may be used only for the purposes for which
collected.
(3) 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.
(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.
§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 multisite 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 subdivision (8),
subsection (a), 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 governing boards may accept federal grants and funds
from county boards of education, other local governmental bodies,
corporations or persons. The governing boards 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 governing boards for the use by the community and technical
college and the governing boards 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 education
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 governing boards 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. If appointed, such joint
administrative board shall consist of five members to be appointed
as follows: The county board of education shall appoint two
members; the appropriate governing board shall appoint two
members; and one shall be an at-large member, who shall chair the
joint administrative board, and shall be appointed by mutual
agreement of the respective boards. When two or more county
boards of education are participating in such shared program, such
county board appointments shall be made by mutual agreement of
each of the participating county boards. Members shall serve for
staggered terms of three years. With respect to initial
appointments, one member appointed by the county board or boards
of education and one member appointed by the governing board shall
serve for one year, one member appointed by the county board or
boards of education and one member appointed by the governing
board shall serve for two years and the at-large member shall
serve for three years. Subsequent appointments shall be for three
years. A member may not serve more than two consecutive terms. Members shall be reimbursed for reasonable and necessary expenses
actually incurred in the performance of their duties as board
members from funds allocated to the shared facility, except that
members who are employed by a board of education, governing board
or state institution of higher education shall be reimbursed by
their employer.
§18B-3C-12. Relationship between administratively linked
community and technical colleges and sponsoring institutions
.
(a) Intent and Purposes. --
(1) It is the intent of the Legislature to establish
community and technical colleges in every region of the state of
West Virginia that, as far as possible, meet the essential
conditions of section three of this article.
(2) The Legislature finds that, in order to increase
efficiency, reduce costs and, generally, to facilitate the
effective transition from community and technical colleges which
are components of existing institutions of higher education to
community and technical colleges which meet, as far as possible,
the essential conditions, it is appropriate to maintain an
administrative link between the community and technical colleges
and the sponsoring institution.
(3) This section defines the relationship between the
community and technical colleges and its sponsoring institution.
(b) The sponsoring institution which is administratively
linked to a community and technical college shall provide the
following services:
(1) Personnel management;
(2) Record keeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Such other services as determined to be necessary and
appropriate by the commission.
(c) Subject to the approval of the appropriate governing
board, the president of the sponsoring institution, pursuant to
the terms of section six, article one-b of this chapter, shall
appoint the presidents of the community and technical college, who
shall serve at the will and pleasure of the institutional
president. Subject to the provisions of section six, article one-
b of this chapter, the appropriate governing board shall appoint
the president of the sponsoring institution.
(d) The governing board and the president of the sponsoring
institution shall be responsible for the step-by-step development
of the community and technical college and for compliance with the
essential conditions, all as required by this article.
(e) The president of the sponsoring institution shall have
such responsibilities, powers and duties in the development of the
community and technical college and in compliance with the
essential conditions, as directed by the governing board or as are
necessary for the proper implementation of the provisions of this
act.
(f) The sponsoring institution may charge fees for
administrative overhead costs subject to a schedule approved by
the commission.
(g) Notwithstanding any other provision of the code to the
contrary, the commission shall take necessary steps to ensure that
institutional bonded indebtedness is secure and that
administratively-linked community and technical colleges assume
their fair share of any institutional debt acquired while they
were part of the baccalaureate institution.
(h) The community and technical college is encouraged to
secure academic services from the sponsoring institution when it
is in the best interests of the students to be served, the
community and technical college and the sponsoring institution. In determining whether or not to secure services from the
sponsoring institution, the community and technical college shall
consider the following:
(1) The cost of the academic services;
(2) The quality of the academic services;
(3) The availability, both as to time and place, of the
academic services; and
(4) Such other considerations as the community and technical
college finds appropriate taking into account the best interests
of the students to be served, the community and technical college,
and the sponsoring institution: Provided, That nothing in this
article shall be construed to prohibit any state institution of
higher education from purchasing or brokering remedial and/or
developmental courses from a community and technical college.
ARTICLE 3F. COMMUNITY AND TECHNICAL COLLEGE SERVICES IN THE
RESPONSIBILITY AREAS OF MARSHALL UNIVERSITY, WEST VIRGINIA
STATE COLLEGE AND WEST VIRGINIA UNIVERSITY INSTITUTE OF
TECHNOLOGY
§18B-3F-1. Legislative intent and findings.
(a) Legislative Intent. -- It is the intent of the
Legislature to enhance community and technical college services
in the responsibility areas of Marshall university, West Virginia
state college and West Virginia university institute of technology through the delivery of community and technical college services
that meet the goals of section six, article three-c of this
chapter and are delivered pursuant to the essential condition of
section three, article three-c of this chapter. It is further the
intent of the Legislature to make maximum use of existing
institutions in the region and to focus on the benefits available
to the Kanawha valley and to the state of providing quality
community and technical college education.
(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 delivery of community and technical college serves
in 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. Implementation board established.
(a) There is established a implementation board appointed
by the policy commission to insure the step-by-step implementation
of the legislative intent contained in section one of this
article.
(b) The implementation board shall be comprised of nine
members including the president of Marshall university, or a
designee, the president of West Virginia state college, or a
designee, and the president of West Virginia university institute
of technology, or a designee and six lay persons, three from the
responsibility area of Marshall university and three from the
responsibility areas of West Virginia state college and West
Virginia university institute of technology.
(c) The implementation board shall develop a plan, to be
recommended to the policy commission, for the most effective and
efficient method to deliver comprehensive community and technical
college education to the citizens and employers of the
responsibility areas of Marshall university, West Virginia state
college and West Virginia university institute of technology.
The plan shall include, but not be limited to:
(1) A determination of the most appropriate manner to achieve
the goals set forth in section one-a, article one of this chapter;
(2) The relative strengths of the existing institutions of
higher education in the responsibility areas;
(3) The impact of the status of West Virginia state college
as an historically black institution of higher education and as
an eighteen hundred and ninety land grant institution.
(4) A determination of the appropriate relationship among the
existing public institutions of higher education in the
responsibility areas.
(d) The implementation board shall be accountable to the
policy commission for the implementation of the appropriate
system, based upon its plan, to meet the essential conditions for
effective community and technical education as provided for in
section three, article three-c of this chapter.
(e) If, in the opinion of the commission, implementation of
the findings can not be accomplished without statutory change,
then on or before the fifteenth day of January, two thousand one,
the commission shall certify to the governor, the president of the
senate and the speaker of the house of delegates draft legislation
to accomplish the goals of this section and section one-a, article
one of this chapter.
§18B-3F-3.Continuing community and technical services of
existing institutions.
Subject to change by the commission through the process for
the establishment of institutional compacts defined in section
two, article one-a of this chapter, nothing in this article may
be construed to require Marshall university, West Virginia state
College or West Virginia 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 vice chancellor for administration;
office; powers and duties generally.
(a) With the approval of the commission, the chancellor for
higher education shall employ the vice chancellor for
administration who shall serve at the will and pleasure of the
chancellor. Any reference in this code to the senior
administrator means the vice chancellor of administration, which
senior administrator shall become the vice chancellor of
administration and also shall serve as interim chancellor for
higher education until a chancellor is employed pursuant to
section five, article one-b of this chapter.
(b) The vice chancellor for administration has a ministerial
duty, in consultation with and under direction of the chancellor,
to perform such functions, tasks and duties as may be necessary
to carry out the policy directives of the commission and such
other duties as may be prescribed by law.
(c) The vice chancellor for administration 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 considered desirable
and appropriate. The vice chancellor for administration shall fix
the compensation and emoluments of such employees: Provided, That
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) Effective on the first day of July, two thousand, 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
chancellor for higher education: 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.
(e) The vice chancellor for administration shall follow state
and national education trends and gather data on higher education
needs.
(f) The vice chancellor for administration, in accordance
with established guidelines and in consultation with and under the
direction of the chancellor 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.
(g) The vice chancellor for administration has a fiduciary
responsibility to administer the tuition and registration fee
capital improvement revenue bond accounts of the governing boards.
(h) The vice chancellor for administration shall administer
the purchasing system or systems of the commission, the office of
the chancellor, and the governing boards: Provided, That the chancellor may delegate authority for the purchasing systems or
portions thereof to the institution presidents.
(i) The vice chancellor for administration is responsible for
the management of the West Virginia network for educational
telecomputing (WVNET). The vice chancellor for administration
shall establish a computer advisory board, which shall be
representative of higher education and other users of the West
Virginia Network for Educational Telecomputing as the chancellor
for higher education determines appropriate. It is the
responsibility of the computer advisory board to recommend to the
chancellor policies for a statewide shared computer system.
(j) The central office, under the direction of the vice
chancellor for administration, shall provide necessary staff
support to the commission and the office of the chancellor.
(k) Effective on the first day of July, two thousand, the
vice chancellor for administration may administer any program or
service authorized or required to be performed by the board of
trustees or the board of directors on the thirtieth day of June,
two thousand, and not specifically assigned to another agency. In
addition, the vice chancellor for administration may administer
any program or service authorized or required to be performed by
the commission or the chancellor for higher education, but not
assigned specifically to the commission or the chancellor. 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.
§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 education
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 education
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 education 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 shall 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 shall neglect, refuse or fail to perform
any duty required by this section relating to the board shall be
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 and the education policy commission are
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 may a
contract for such services and facilities be entered into unless
the higher education policy commission or the governing boards
have 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 for the
execution 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) The higher education policy commission and each governing
board, through the vice chancellor for administration shall
purchase or acquire all materials, supplies, equipment and
printing required for that governing board or the higher
education policy commission, as appropriate, and the state
institutions of higher education under their jurisdiction. The
higher education policy commission and the governing boards each
shall adopt rules governing and controlling acquisitions and
purchases in accordance with the provisions of this section. Such
rules shall assure that the governing boards: (1) Do not preclude
any person from participating and making sales thereof to the
governing board or to the higher education 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 or the higher education 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 are
not required for purchases of one thousand dollars or less.
(b) The higher education policy commission or each governing
board, through the vice chancellor for administration 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 their 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, the higher education 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 and the higher education 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 and the higher education
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 and the higher education policy
commission also shall 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 and the higher
education 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 or higher education 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 and the higher education 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 governing board
or the higher education 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 or higher education policy commission
once every thirty days or more often if required by the state
auditor.
(h) Contracts entered into pursuant to this section shall be
signed by the applicable governing board or the higher education
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
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: And provided further, That upon request,
the governing boards or the higher education policy commission
shall make all contracts available for inspection by the state
auditor. The governing board or the higher education policy
commission, as appropriate 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 or the higher education
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) Any governing board or the higher education policy
commission, as appropriate, may request the director of purchases
to make available, from time to time, the facilities and services
of that department to the governing boards or the higher education
policy commission in the purchase and acquisition of materials,
supplies, equipment and printing, and the director of purchases
shall cooperate with that governing board or the higher education
policy commission, as appropriate, in all such purchases and
acquisitions upon such request.
(j) Each governing board or the policy commission, as
appropriate, 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 or the
higher education policy commission. Any private school desiring
to join as purchasers on such purchase contracts shall file with
that governing board or the higher education 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 or the
higher education policy commission, as appropriate, and agreeing
that it will be bound by such terms and conditions as that
governing board or the higher education 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 and the higher education policy
commission, as appropriate, 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 and the higher education policy
commission, as appropriate, shall be responsible for paying the cost of the audit from funds appropriated to the governing boards
or the higher education policy commission.
(m) The governing boards shall require each institution under
their respective jurisdictions 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,
may not preclude or inhibit the governing boards or the higher
education 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 for regional campuses
and administratively linked community and technical colleges.
(a) Effective the first day of July, two thousand, there is
established at each of the following state institutions of higher
education, excluding centers and branches thereof, an
institutional board of advisors: Potomac state college of West
Virginia university, West Virginia university at Parkersburg, West
Virginia university institute of technology, Marshall university
community and technical college; center for higher education and workforce development at Beckley, Fairmont community and technical
college and Shepherd community and technical college.
(1) For the transition year beginning on the first day of
July, two thousand, through the thirtieth day of June, two
thousand one, only, the lay members of the institutional board of
advisors established for each of the regional campuses of West
Virginia university are appointed by the president of the
respective institution. Effective the first day of July, two
thousand one, the lay members of the institutional boards of
advisors for the regional campuses of West Virginia university are
appointed by the institutional board of governors.
(2) The lay members of the institutional board of advisors
established for Marshall university community and technical
college, center for higher education and workforce development at
Beckley, Fairmont community and technical college and Shepherd
community and technical college are appointed by the joint
commission.
(b) The board of advisors consists of fifteen members,
including 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; and twelve lay persons appointed pursuant to subsection (a)
of this section who have demonstrated a sincere interest in and
concern for the welfare of that institution and who are
representative of the population of its responsibility district
and fields of study. At least eight of the twelve 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.
(c) The student member shall serve for a term of one year
beginning upon appointment in July, two thousand, and ending on
the thirtieth day of April, two thousand one. Thereafter the term
shall begin on the first day of June. The faculty member and the
classified staff member shall serve for a term of two years
beginning upon appointment in July, two thousand, and ending on
the thirtieth day of April, two thousand two. Thereafter the term
shall begin on the first day of June; and the twelve lay members
shall serve terms of four years each beginning upon appointment
in July, two thousand. Thereafter the term shall begin on the
first day of June. All members, are eligible to succeed
themselves for no more than one additional term. A vacancy in an
unexpired term of a member shall be filled for the remainder of
the unexpired term within thirty 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.(d) 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 chairperson, president of the institution or
upon the written request of at least five members. A majority of
the members constitutes a quorum for conducting the business of
the board of advisors.
(e) One of the twelve lay members shall be elected as
chairperson by the board of advisors in June of each year:
Provided, That the chairperson elected in two thousand, shall be
elected in July: Provided, however, That no member may serve as
chairperson for more than two consecutive years.
(f) 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 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 boards of advisors and the institutions under this section shall be paid from funds allocated
to the institutions for that purpose.
(g) The board of advisors shall review, prior to the
submission by the president to its governing board, 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 its governing board or
otherwise assigned to it by law. The 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 governing
board and the governing board shall include the comments and
recommendations in its consideration of and action on the
proposal. The governing board shall promptly acknowledge receipt
of the comments and recommendations and shall notify the board of
advisors in writing of any action taken thereon.
(h) The 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.
(i) 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 workforce and workforce
development needs of their service area, 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.
(j) Upon the occurrence of a vacancy in the office of
president of the institution, the board of advisors shall serve
as a search and screening committee for candidates to fill the
vacancy under guidelines established by the commission pursuant
to the provisions of subsection (d), section eight, article one-b
of this chapter. When serving as a search and screening
committee, the board of advisors and its governing board 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 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 governing board for
consideration and appointment. If the governing board rejects all
candidates submitted, the committee shall submit the names of at
least three additional candidates, and this process shall be
repeated until the governing board appoints one of the candidates
submitted. The governing board shall provide all necessary staff
assistance to the board of advisors in its role as a search and
screening committee.
(k) The boards of advisors shall develop a master plan for
each administratively linked community and technical college. The
ultimate responsibility for developing and updating the master
plans at the institutional level resides with the institutional
board of advisors, but the ultimate responsibility for approving
the final version of the institutional master plans, including
periodic updates, resides with the commission. The plan shall
include, but not be limited to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional
compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(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 shall be revised periodically
as necessary, including recommendations on the addition or
deletion of degree programs as, in the discretion of the board of
advisors, may be necessary.
§18B-6-1a. Institutional boards of advisors for universities,
state colleges and free-standing community and technical
colleges.
(a) For the transition year beginning on the first day of
July, two thousand, through the thirtieth day of June, two
thousand one, only, there is established at the following state
institutions of higher education, excluding centers and branches
thereof, an institutional board of advisors: Bluefield state college, Concord college, eastern West Virginia community and
technical college, Fairmont state college, Glenville state
college, Marshall university, Shepherd college, southern West
Virginia community and technical college, West Liberty state
college, West Virginia northern community and technical college,
the West Virginia school of osteopathic medicine, West Virginia
state college and West Virginia university.
(b) The boards of advisors are established as follows:
(1) Each institutional board of advisors shall consist of
twelve persons: Provided, That the institutional boards of
advisors for Marshall university and West Virginia university
shall consist of fifteen persons. Each board of advisors shall
include:
(A) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty;
(B) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body;
(C) A member of the institutional classified staff duly
elected by the classified staff; and
(D) Nine lay members appointed by the governor, by and with
the advice and consent of the Senate: Provided, That for the institutional boards of advisors at Marshall university and West
Virginia university, the governor shall appoint twelve members,
by and with the advice and consent of the Senate: Provided,
however, That, of the appointed lay members, the governor shall
appoint one superintendent of a county board of education from the
area served by the institution: Provided further, That in making
the initial appointments only, the governor shall endeavor to make
all appointments from a pool of those persons who, on the
thirtieth day of June, two thousand, are members of the board of
trustees and the board of directors.
(2) Of the nine members appointed by the governor, no more
than five may be of the same political party: Provided, That for
the appointed members of the institutional boards of advisors of
Marshall university and West Virginia university, no more than
seven may be of the same political party. At least six of the
members shall be residents of the state: Provided, however, That
for the appointed members of the institutional boards of advisors
of Marshall university and West Virginia university, at least
eight of the members shall be residents of the state. All members
shall serve for a term of one year. A vacancy in an unexpired
term of a member shall be filled for the unexpired term within
thirty days of the occurrence of the vacancy in the same manner as the original appointment or election. Except in the case of
a vacancy, all elections shall be held and all appointments shall
be made no later than the thirtieth day of June preceding the
commencement of the term: Provided further, That election of
officers for the term beginning in July, two thousand, shall be
made in July. Each board of advisors shall elect one of its
appointed lay members to be chairperson.
(3) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in July, two thousand. Additional
meetings may be held upon the call of the chairperson or upon the
written request of at least four members: Provided, That for the
institutional boards of advisors of Marshall university and West
Virginia university, additional meetings may be held upon the call
of the chairperson or upon the written request of at least five
members. A majority of the members constitutes a quorum for
conducting the business of the board of advisors.
(4) 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 shall
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.
(5) The board of advisors shall review, prior to the
submission by the president to its governing board, 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 its governing board or
otherwise assigned to it by law. The 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 governing
board and the governing board shall include the comments and
recommendations in its consideration of and action on the
proposal. The governing board shall promptly acknowledge receipt
of the comments and recommendations and shall notify the board of
advisors in writing of any action taken thereon.
(6) The 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.
(7) 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 workforce and workforce
development needs of their service area, 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.
(8) Upon the occurrence of a vacancy in the office of
president of the institution, the board of advisors serves as a
search and screening committee for candidates to fill the vacancy
under guidelines established by its governing board. When serving
as a search and screening committee, the board of advisors and its
governing board 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 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 governing board for consideration and appointment. If the
governing board rejects all candidates submitted, the committee
shall submit the names of at least three additional candidates and
this process shall be repeated until the governing board appoints
one of the candidates submitted. The governing board shall
provide all necessary staff assistance to the board of advisors
in its role as a search and screening committee.
(c) The institutional boards of advisors created under this
section have 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.
§18B-6-2a. State advisory council of faculty.
(a) Effective the first day of July, two thousand, 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
institutional board of governors or the institutional board of
advisors, as applicable. Terms of the members of the council
shall be for two years and shall begin on the first day of July
of each odd-numbered year. Members of the council shall be
eligible to succeed themselves. Each person so elected shall be
a member of the statewide advisory council of faculty.
(c) The council 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 chairperson: 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 chairperson by lot from
the names of those persons tied. Immediately following the
election of a chairperson, the council shall elect, in the manner
prescribed by this section for the election of a chairperson, a
member of the council to preside over meetings of the council in
the chairperson's absence. Should the chairperson vacate the
position, the council shall meet and elect a new chairperson to
fill the unexpired term within thirty days following the vacancy.
(d) The council, through its chairperson and in any
appropriate manner, shall communicate to the commission, through
the chancellor, matters of higher education in which the faculty
members may have an interest.
(e) The commission shall meet annually between the months of
October and December with the council to discuss matters of higher
education in which the faculty members or the commission may have
an interest.
(f) Members of the 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) The 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, 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 institutional board of governors or
the institutional board of advisors, as applicable. Terms of the members of the council shall be for one year and shall begin on
the first day of July of each year. Members of the council shall
be eligible to succeed themselves. Each person so elected shall
be a member of the statewide advisory council of students.
(c) The council 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 chairperson. 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 chairperson by lot from the names of
those persons tied. Immediately following the election of a
chairperson, the council shall elect, in the manner prescribed by
this section for the election of a chairperson, a member of the
council to preside over meetings of the council in the
chairperson's absence. Should the chairperson vacate the
position, the council shall meet and elect a new chairperson to
fill the unexpired term within thirty days following the vacancy.
(d) The council, through its chairperson and in any
appropriate manner, shall communicate to the commission, through
the chancellor, matters of higher education in which the student
members may have an interest.
(e) The commission shall meet annually, between the months
of October and December, with the council to discuss matters of higher education in which the student members or the commission
may have an interest.
(f) Members of the 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) The 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, 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
institutional board of governors or the institutional board of
advisors. 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. Each person so elected shall be a member of
the statewide advisory council of classified employees.
(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
chairperson: 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
chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the council
shall elect, in the manner prescribed by this section for the
election of a chairperson, a member of the council to preside over meetings of the council in the chairperson's absence. Should the
chairperson vacate the position, the council shall meet and elect
a new chairperson to fill the unexpired term within thirty days
following the vacancy.
(d) The council, through its chairperson and in any
appropriate manner, shall communicate to the commission, through
the chancellor, matters of higher education in which the
classified employees may have an interest.
(e) The commission shall meet annually, between the months
of October and December, with the council to discuss matters of
higher education in which the classified employees or the
commission may have an interest.
(f) Members of the 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) The 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, the
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 or the commission, including all employees of the West Virginia
network for educational telecomputing and employees at the higher
education central office of the 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 this section or governing board policy 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 considered critical to the institution by the
president pursuant to policies adopted by the governing board:
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 of the
total number of employees of that institution as defined in this
subsection may be placed in the category of "nonclassified" if
they are in a position considered critical to the institution by the president. Final approval of such placement shall be with the
appropriate governing board;
(c) "Job description" means the specific listing of duties
and responsibilities as determined by the appropriate governing
board 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;
(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;
(f) "Pay grade" means the number assigned by the appropriate
governing board 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 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, 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.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees
for each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among 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 fees may be used to finance a
students' 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
shall use the median of the average tuition and required fees at
similarly classified 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: And provided further, That
effective the first day of July, two thousand one, tuition and
fees for nonresident, undergraduate students shall, at a minimum,
cover actual instructional costs: And provided further, That
students enrolled in undergraduate courses offered at off-campus
locations shall pay an off-campus instruction fee and shall not
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 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 needed immediately 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 is one enrolled for
twelve or more credit hours in a regular term, and a full-time
graduate student is 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 shall permit fee payments to be made
in up to three installments over the course of the academic term
: 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 also shall 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 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 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
chancellor for higher education shall review policy series twenty-
two of the governing boards, related to assessment, payment and
refund of fees and determine whether a new rule should be adopted
regarding the refund of any fees upon the voluntary or involuntary
withdrawal from classes of any student. The rules shall comply
with all applicable state and federal laws and shall be uniformly
applied throughout the system.
(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.
(g) Any proposed fee increase which would become effective
during the transition year beginning on the first day of July, two
thousand, and ending on the thirtieth day of June, two thousand
one, and which has been approved by the governing boards, shall
then be submitted by the governing boards to the chancellor for
higher education for approval. Such approval shall be granted
only upon the certification that such 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
chancellor to the legislative oversight commission on education
accountability describing such fee increases and showing 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 subsection (h), subsection (i) and subsection (j)
of this section.
(h) Effective the first day of July, two thousand one,
institutions shall retain tuition and fee revenues not pledged for bonded indebtedness or other purposes in accordance with a revised
tuition policy adopted by the respective governing boards 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) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community
and technical college tuition rates for community and technical
college students in all independently-accredited community and
technical colleges will be commensurate with the tuition and fees
charged by their peer institutions.
(i) No penalty shall be imposed by the commission upon any
institution based upon 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 impeding unreasonably 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 governing board may increase tuition and fees more
than four percent nor 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-10-2. Higher education resource fee.
In addition to the fees specifically provided for in section
one of this article, all students enrolled for credit at a state
institution of higher education shall pay a higher education
resource fee. The commission shall fix the fee rates for the
various institutions and classes of students under its
jurisdiction and may from time to time change these rates. The
amount of the fee charged at each institution shall be prorated
for part-time students. The fee imposed by this section is in
addition to the maximum fees allowed to be collected under the
provision of section one of this article and is not limited
thereby. Refunds of such fee may be made in the same manner as
any other fee collected at state institutions of higher education.
Ninety percent of the total fees collected at each
institution pursuant to this section shall be deposited in a
special fund in the state treasury for the institution at which
the fees are collected and may be used by the institution for
libraries and library supplies, including books, periodicals, subscriptions and audiovisual materials, instructional equipment
and materials; and for the improvement in quality and scope of
student services. Up to ten percent of the fee collections shall
be deposited in a special fund and expended or allocated by the
policy commission to meet general operating expenses of the policy
commission or to fund state-wide programs: Provided, That the
board shall, to the maximum extent practicable, offset the impact,
if any, on financially needy students of any potential fee
increases under this section by allocating an appropriate amount
of such fee revenue to the state scholarship program to be
expended in accordance with the provisions of article five,
chapter eighteen-c of this code.
The policy commission shall, on or before the first day of
July of each year, provide the legislative auditor with a report
of the projected fee collections for the board and each of its
institutions and the expenditures proposed for such fee.
§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 commission,
there is hereby imposed and the 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 commission has authority to increase such
additional registration fee at institutions of higher education
under its jurisdiction for students who are nonresidents of this
state. For all part-time students and for all summer school
students, the 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 is in addition to the maximum
fees allowed to be collected under the provision of section one
of this article and 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 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.
(c) The 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.
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 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 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 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 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 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
determined by the commission. Such revenue bonds shall be signed
by the governor and by the chancellor 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
chancellor of the commission. Such revenue bonds shall be sold
in such manner as the commission determines is for the best
interests of the state.
The 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 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 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 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 may not be deemed to be obligations or debts of the
state, and the credit or taxing power of the state may not be pledged therefor, but such revenue bonds shall be payable only
from the revenue pledged therefor as provided in this section.
Additional revenue bonds may be issued by the education
policy commission pursuant to this section and financed by
additional revenues or funds dedicated from other sources. It is
the intent of the Legislature to authorize over a five year period
from the effective date of this section additional sources of
revenue and funds to effect such funding for capital improvement.
Funding of system-wide and campus-specific 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 which shall include, but not be 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;
(3) Need to determine the appropriate supply of teachers to
meet future demand;
(4) Need to determine the most effective method of staff
development for teachers; and
(5) 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
(6) 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 chancellor for
higher education or a designee and shall be comprised of twenty-
one members selected as follows: eight members to be appointed by
the governor; five members to be appointed by the state board of
education; five members to be appointed by the governing boards;
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
admission 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 chancellor for
higher education or a designee and shall be comprised of fourteen
members selected as follows: Six members selected by the governing
boards; 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.