West Virginia Code
1 - GOVERNANCE
1A - COMPACT WITH HIGHER EDUCATION
1B - HIGHER EDUCATION POLICY COMMIS
1C - WEST VIRGINIA UNIVERSITY INSTI
1D - HIGHER EDUCATION ACCOUNTABILIT
1E - WEST VIRGINIA UNIVERSITY INSTI
1F - MANAGEMENT AGREEMENTS FOR THE
2 - UNIVERSITY OF WEST VIRGINIA BOA
2A - INSTITUTIONAL BOARDS OF GOVERN
2B - WEST VIRGINIA COUNCIL FOR COMM
2C - WEST VIRGINIA COMMUNITY AND TE
3 - ADDITIONAL POWERS AND DUTIES OF
3A - WEST VIRGINIA JOINT COMMISSION
3B - COLLABORATIVE DEGREE COMPLETIO
3C - COMMUNITY AND TECHNICAL COLLEG
3D - WORKFORCE DEVELOPMENT INITIATI
3E - EASTERN WEST VIRGINIA COMMUNIT
3F - REORGANIZATION OF COMMUNITY AN
4 - GENERAL ADMINISTRATION
5 - HIGHER EDUCATION BUDGETS AND EX
6 - ADVISORY COUNCILS
7 - PERSONNEL GENERALLY
8 - HIGHER EDUCATION FULL-TIME FACU
9 - CLASSIFIED EMPLOYEE SALARY SCHE
9A - CLASSIFICATION AND COMPENSATIO
9B - ORGANIZATION PERSONNEL RULES
10 - FEES AND OTHER MONEY COLLECTE
11 - MISCELLANEOUS INSTITUTES AND
18 B- 11 - 1
18 B- 11 - 2
18 B- 11 - 3
18 B- 11 - 4
18 B- 11 - 5
18 B- 11 - 6
18 B- 11 - 7
11A - STATE AUTISM TRAINING CENTER
11B - WEST VIRGINIA POISON CENTER
12 - RESEARCH AND DEVELOPMENT AGRE
12A - CENTERS FOR ECONOMIC DEVELOP
13 - HIGHER EDUCATION -- INDUSTRY
14 - MISCELLANEOUS
15 - SEVERABILITY
16 - HEALTH CARE EDUCATION
17 - LEGISLATIVE RULES
18 - EMINENT SCHOLARS ENDOWMENT TR
18A - DIRECTED RESEARCH ENDOWMENTS
18B - SCIENCE AND RESEARCH COUNCIL
19 - CAPITAL PROJECTS AND FACILITI
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 11. MISCELLANEOUS INSTITUTES AND CENTERS.
(a) There is hereby created an economic development entity known as the "center for regional progress" at Marshall University. The center shall be under the control and supervision of a director, which position is to be filled by an individual qualified by experience and education. The director shall be appointed by the president of Marshall University. The director may employ such staff as is necessary to accomplish the center's mission and purpose. The director shall have administrative control and supervision of the center. The center shall emphasize the creation of new jobs and the retention of existing jobs as the foundation necessary for the economic development of West Virginia. The center shall provide basic and applied research and technical assistance; counseling and referral service; graduate research and cooperative education programs; management and marketing assistance; continuing education, seminars, workshops; courses to meet both employer and employee educational needs; and such other activities as are necessary to carry out the provisions of this article. The center shall provide research and technical assistance to meet the economic and community development needs of local, municipal, county and state governments.
(b) The center shall upon request respond to public policy needs of the Legislature and the executive; and apply for and obtain grants or funds from all available sources, private and public, state, federal, and otherwise. The center shall maintain a roster of faculty and staff at Marshall University and other institutions of higher education from which specific expertise may be drawn.
(a) There is hereby created as an independent entity the institute for public affairs, to be located and operated at West Virginia University. The institute shall be under the control and supervision of a director, which position is to be filled by an individual whose credentials include accomplishments in the interdisciplinary academic fields and government. The director shall be appointed by the president of West Virginia University. The institute shall engage faculty from institutions of higher education throughout the state and shall cooperatively develop a program with other such institutions. The terms of such participation may be by contract, loan, part-time basis or other such arrangement.
(b) The institute is directed to conduct independent research and propose strategies and options on public issues and policies upon its own initiative or as may be requested by the executive or the Legislature.
(c) The institute is directed to seek all other funds, grants, and other sources of assistance from other agencies of government as well as the private sector.
(d) The director shall have administrative control and supervision of the institute.
There is hereby created as an independent entity the institute for international trade development, to be located and operated at Marshall University. The institute is established to facilitate faculty involvement in the formation and continuation of international market entry and development strategy, to provide assistance to state businesses in exporting and attracting foreign investment, and to engage in other activities designed to promote, develop and stimulate export expansion and foreign direct investment. The institute shall be under the control and supervision of a director, who shall be appointed from among the faculty by the president of Marshall University. The institute shall engage faculty from institutions of higher education throughout the state and shall cooperatively develop an export program with the other such institutions. The terms of such participation may be by contract, loan, part-time basis, or other such arrangement. The institute shall develop with the board of trustees and the Governor a program of student internships in international business to place qualified students for academic credit with businesses in West Virginia to help develop export awareness and potential. The institute shall further provide research and analysis on matters of international trade upon request of the executive or the Legislature; initiate partnership grants, and proposals in the area of international trade in accordance with the provisions of article two-a, chapter five-b of this code; and apply for and obtain grants or funds from all available sources, private and public.
There is hereby created under the authority, supervision and direction of the two governing boards of the state institutions of higher education, two assistive device depositories, one of which is to be located in a state supported college or university in the northern part of the state and the other depository is to be located in a state supported college or university in the southern part of the state. Each assistive device depository shall obtain assistive devices either through public or private funding, develop an inventory of assistive devices and services for individuals with disabilities, catalog equipment, receive and fulfill requests and track and maintain assistive devices.
In coordination with the secretary of education and the arts, the governing boards shall establish the depositories upon receipt of line item appropriations by the Legislature for such purposes. Educational agencies, including public and private educational agencies, public and private service agencies, individuals, families and communities shall have access to these depositories and the equipment and services available at each depository. Public and private higher education institutions shall have priority access to the depositories.
Each depository shall coordinate its activities with the West Virginia assistive technology system at the university affiliated center for developmental disabilities. Each depository shall undertake outreach efforts and shall coordinate services and equipment programs with other state and local agencies to share resources. Services to individuals with disabilities in higher education shall include, but not be limited to: Interpreters for the deaf, peer tutors, note takers, readers for the blind; and shall further be defined as community service under provisions of the national and community service act and other applicable state and federal statutes.
Acts, 2008 Reg. Sess., Ch. 72.
(a) Findings. -- The Legislature finds that:
(1) West Virginia has long been recognized for its high quality teacher preparation program as a national center for teacher excellence;
(2) Teaching education candidates from higher education institutions in this state have proven to be highly marketable nationwide due to the reputation this state has earned in producing outstanding teacher education graduates; and
(3) West Virginia should utilize its reputation for exceptional achievement in this area by promoting our program to prospective students in teacher education programs to attract graduates nationwide for teaching positions in this state.
(b) Intent. -- It is the intent of the Legislature:
(1) To create a permanent institute which, as an organized activity and on a continuous basis, will encourage and promote excellence and public awareness of the quality teacher preparation programs in our state;
(2) To honor excellence in education, recognize exemplary teacher education graduates throughout the state and the nation, and recruit and supply for our public schools highly qualified teachers.
(c) For the purposes of this section, the following words have the meanings ascribed to them:
(1) "Board" means the board of the institute as established by this section;
(2) "Chancellor" means the chief executive officer of the Higher Education Policy Commission;
(3) "Institute" means the national institute for teaching excellence established by this section;
(4) "Secretary" means the secretary of the Department of Education and the arts; and
(5) "Superintendent" means the State Superintendent of Schools.
(d) There is hereby established within the office of the secretary the national institute for teaching excellence. The institute shall be implemented by the secretary with the assistance of the superintendent and the chancellor.
(e) There is established the board of the institute which has the responsibility for developing, overseeing and implementing the operations of the institute. The board shall consist of seven members selected as follows:
(1) The secretary or a designee;
(2) The superintendent or a designee;
(3) The chancellor or a designee;
(4) One certified teacher, selected by the state board; and
(5) Three members selected by the secretary representing West Virginia higher education institutions with approved teacher education programs. Of the three members selected by the secretary, one shall represent a state university, one shall represent a public college, and one shall represent a private college.
(f) Members of the board serve terms of two years each and, at the expiration of their terms, may continue to serve until their respective successors are appointed. The secretary shall appoint a chairperson for the board from among the members thereof for a term of two years. The chairperson may continue to serve until his or her successor is appointed.
(g) The board has the following powers and duties:
(1) To design and develop the institute;
(2) To select annually a university or college within the state to host the institute;
(3) To establish the application process, criteria and qualifications, and annually to make the final selection of two recent education graduates from each state to attend the institute academy;
(4) To solicit, accept and expend for the purposes of this section any contribution, grant or appropriation from any source, and to pursue aggressively any federal or private funding available for these purposes;
(5) To perform such other duties as considered necessary to carry out the purposes of this section;
(6) To report by November 1, 2001, and annually thereafter, to the Legislative Oversight commission on education accountability on the progress of the institute. The initial report shall contain at least the following information:
(i) A design for administering a collaborative effort on the part of West Virginia colleges and universities with an approved teacher education program to provide a week-long summer academy for recent teacher education graduates nationwide;
(ii) Provisions, including appropriate sources of funds, for the institute to man an office throughout the year for the purpose of publishing materials, pursuing grant moneys, conducting research and providing data on excellence in teacher education; and
(iii) Provision for developing a certificate of recognition to be presented to each participant upon completion of the academy.
(h) Nothing in this section requires any level of funding by the Legislature or requires the board to implement the provisions of this section unless federal funds and/or private moneys have been secured for that purpose.
(a) For the purposes of this section, "eligible entities" means government entities as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, at 42 U.S.C. §9604 or nonprofit organizations as defined by the federal Financial Assistance Management Improvement Act at 31 U.S.C. §6101.
(b) Marshall University and West Virginia University each shall establish a nonprofit Regional Brownfield Assistance Center through the corporations set out in article twelve of this chapter for the purposes of expediting the redevelopment of Brownfield sites. The Centers shall provide assistance to eligible entities on state and federal Brownfield programs, secure state and federal funding for Brownfield redevelopment and acquire property eligible for state and federal Brownfield assistance.
(c) The Center established by Marshall University serves the following counties:
(1) McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming;
(2) Cabell, Lincoln, Logan, Mason, Mingo and Wayne;
(3) Boone, Clay, Kanawha and Putnam; and
(4) Braxton, Fayette, Greenbrier, Nicholas, Pocahontas and Webster.
(d) The Center established by West Virginia University serves the following counties:
(1) Calhoun, Jackson, Pleasants, Ritchie, Roane, Tyler, Wirt and Wood;
(2) Brooke, Hancock, Marshall, Ohio and Wetzel;
(3) Barbour, Doddridge, Gilmer, Harrison, Lewis, Marion, Monongalia, Preston, Randolph, Taylor, Tucker and Upshur; and
(4) Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan and Pendleton.
(e) To accomplish the purposes of this section, the Regional Brownfield Assistance Centers each have powers and duties including, but not limited to, the following:
(1) Acquiring property that is eligible for state and federal Brownfield assistance pursuant to the Small Business Liability Relief and Brownfields Revitalization Act (Public Law No. 107-118, 185 stat. 2356) and the West Virginia Voluntary Remediation and Redevelopment Act established in article twenty-two, chapter twenty-two of this code;
(2) Serving as the developer of property or entering into partnerships, agreements or other contractual arrangements with other public or private entities for the purposes of managing and coordinating remediation and redevelopment activities;
(3) Preparing an inventory of Brownfield sites within their respective geographic regions by July 1, 2006, and updating the inventory of sites annually;
(4) Promoting and coordinating the development of Brownfield property by providing training and technical assistance on Brownfield development, grant writing, site assessments, remediation, community involvement and site preparation to eligible entities;
(5) Administering federal Brownfield Job Training Grants, the Brownfields Revolving Fund, and other federal Brownfield financial assistance programs to assist eligible entities in their Brownfield development efforts;
(6) Coordinating efforts to secure federal Brownfield funding by establishing priority rankings and by other necessary measures to maximize federal financial assistance and eliminate overlapping competition for federal dollars;
(7) Coordinating the development and publication by July 1, 2006, of a website to provide education and appropriate information on Brownfields development in West Virginia; and
(8) Coordinating with the West Virginia Development Office and the Department of Environmental Protection to establish and track key Brownfield economic statistics and conduct Brownfield conferences, as appropriate.