WEST virginia legislature
2022 regular session
Committee Substitute
for
House Bill 4008
By Delegates Ellington, Statler, Criss, Householder, Smith, Gearhart, Espinosa, Hanna, Horst, Bridges, and Rohrbach
[Introduced February 9, 2022; referred to the Committee on Finance]
A BILL to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Higher Education Policy Commission generally; directing the Higher Education Policy Commission, in conjunction with the West Virginia Council for Community and Technical College Education, to propose rules to establish a funding formula model governing its appropriation request to the Legislature regarding distribution of general revenue to the state’s institutions of higher education; setting forth parameters for the formula and minimum requirements for the rule; revising and removing certain related commission powers and duties; requiring interim chancellor to meet all criteria required of the chancellor; clarifying the commission and council’s responsibilities, in conjunction with the West Virginia Network, to support systemwide technology needs; revising provisions for rulemaking regarding transfers of credits and obtaining academic credit or advanced placement standing based on experience; authorizing commission to promulgate rules, and exercise powers and duties, governing student loans, scholarships, state aid as provided in Chapter 18C of the code; removing requirements to provide education about certain disease; and making non-substantive technical cleanup corrections and clarifying changes.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-4. Powers and duties of Higher Education Policy Commission.
(a) The primary responsibility of the commission is to
provide shared services in a cost-effective manner upon request to the state
colleges and universities, the council West Virginia Council for
Community and Technical College Education, and the community and technical
colleges; undertake certain statewide and regional initiatives as specifically
designated in this chapter, including those related to the administration of
grants and scholarships and including those in conjunction with the council; to
review, confirm, or approve certain actions undertaken by governing boards, as
delineated in this chapter; and assist in the development of policy that will
achieve the goals, objectives and priorities found in §18B-1-1a and §18B-1D-1
of this code. The commission shall exercise its authority and carry out its
responsibilities in a manner that is consistent and not in conflict with the
powers and duties assigned by law to the West Virginia Council for Community
and Technical College Education and the powers and duties assigned to the
governing boards. To that end, the commission has the following powers and
duties relating to the governing boards under its jurisdiction:
(1) Develop and advance the public policy agenda pursuant
to §18B-1D-1 et seq. of this code to address major challenges facing the
state, including, but not limited to, the goals, objectives, and priorities
established in this chapter; and
(2) Develop, oversee, and advance the promulgation and
implementation of a financing rule for state institutions of higher education
under its jurisdiction except the statutorily exempted schools. The rule shall
meet the following criteria In conjunction with the council, propose
emergency and legislative rules in accordance with §29A-3A-1 and
§18B-1-6 of this code to establish a performance-based funding formula model
the commission and council shall use, beginning in the fiscal year 2024 budget
cycle, in developing their annual budget requests to ensure the fair and
equitable distribution and use of public funds among the state’s institutions
of higher education, including the statutorily and administratively exempted
schools. This funding formula model shall advance the goals of the state’s
postsecondary education system by emphasizing outcomes focused on student
success and institutional mission achievement. The formula shall include a
range of variables that shall be weighted in a manner that corresponds to each
institution’s mission and provides incentives for productivity improvements
consistent with the goal of strengthening the state’s economy and workforce by
developing the most competitive and capable graduates in the nation. The rule
shall, at a minimum:
(A) Provide for an adequate level of educational and
general funding for institutions pursuant to §18B-1A-5 of this code Establish
a set of objective performance metrics that reflect and support the state’s
higher education goals and priorities and the methodology by which those
metrics shall be used in the allocation of state funds;
(B) Serve to maintain institutional assets, including,
but not limited to, human and physical resources and eliminating deferred
maintenance Ensure that a portion of each institution’s base
appropriation is allocated based on outcomes achieved over a defined period of
time; and
(C) Invest and provide incentives for achieving the
priority goals in the public policy agenda, including, but not limited to,
those found in §18B-1-1a and §18B-1D-1 et seq. of this code Incentivize
postsecondary program offerings that align with the state’s higher education
and workforce development priorities; and
(D) Establish safeguards to ensure stability of the funding formula model including, but not limited to, providing for periodic reviews of and revision to the performance metrics and funding methodology in addition to accounting for inflation;
(3) In collaboration with the council and the governing boards:
(A) Building public consensus around and sustaining
attention to a long-range public policy agenda. In developing the agenda, the
commission and council shall seek input from the Legislature, the Governor, the
governing boards, 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) Assisting governing boards to carry in
carrying out their duty effectively to govern the individual institutions
of higher education;
(4) Serve as a point of contact to state policymakers:
(A) The Governor for the public policy agenda; and
(B) The Legislature by maintaining a close working relationship with the legislative leadership and the Legislative Oversight Commission on Education Accountability;
(5) Upon request, provide shared services to a state institution of higher education;
(6) Administer scholarship and grant programs as provided for in this code;
(7) Establish and implement the benchmarks and performance indicators for state colleges and universities necessary to measure institutional progress in achieving state policy priorities and institutional missions pursuant to §18B-1D-7 of this code;
(8) Establish a formal process for recommending capital investment needs and for determining priorities for state colleges and universities for these investments for consideration by the Governor and the Legislature as part of the appropriation request process pursuant to §18B-19-1 et seq. of this code;
(9) Except the statutorily and administratively
exempted schools and the administratively exempted schools, develop
standards and evaluate governing board requests for capital project financing
in accordance with §18B-19-1 et seq. of this code;
(10) Except the statutorily and administratively
exempted schools and administratively exempted schools, ensure that
governing boards manage capital projects and facilities needs effectively,
including review and approval of capital projects, in accordance with §18B-19-1
et seq. of this code;
(11) Acquire legal services as considered necessary, including representation of the commission, the governing boards, 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;
(12) Employ a Chancellor for Higher Education chancellor,
and any interim chancellor employed shall meet all
criteria required of the chancellor, pursuant to §18B-1B-5 of this
code;
(13) Employ other staff as necessary and appropriate to carry out the duties and responsibilities of the commission and the council, in accordance with §18B-4-1 et seq. of this code;
(14) Provide suitable offices in Kanawha County for the chancellor, vice chancellors, and other staff;
(15) Approve the total compensation package from all
sources for presidents of institutions under its jurisdiction, except the
statutorily exempted schools, as proposed by the governing boards. The
governing boards, except the governing boards of the statutorily exempted
schools, 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: Provided,
That the commission will shall receive notice, but need not
approve or confirm, an increase in the compensation of an institutional
president that is exactly in the ratio of compensation increases allocated to
all institutional employees and approved by the governing board to expressly
include the president;
(16) Assist and facilitate the work of the institutions to implement the policy of the state to assure that parents and students have sufficient information at the earliest possible age on which to base academic decisions about what is required for students to be successful in college, other post-secondary education and careers related, as far as possible, to results from current assessment tools in use in West Virginia;
(17) Approve and implement a uniform standard jointly with the council 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. The chancellors shall develop a clear, concise explanation of the standard which they shall communicate to the State Board of Education and the state superintendent of schools;
(18) Jointly with the council and
in conjunction with the West Virginia Network, develop and implement an
oversight plan to manage systemwide technology except for the statutorily
exempted schools support systemwide technology needs through
leveraged consortium purchasing, software, database and networking support, and
other services including, but not limited to, the following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, and promote promoting
access to quality educational offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to
nontraditional students, to provide providing services to
business and industry, and increase increasing the management
capabilities of the higher education system.
(C) Notwithstanding any other provision of law or this code to the contrary, the council, commission, and governing boards are not subject to the jurisdiction of the Chief Technology Officer for any purpose;
(19) Establish and implement policies and procedures
Propose rules in accordance with §29A-3A-1, et seq. and §18B-1-6 of
this code to ensure that, within sound academic policy, a student
may transfer and apply toward the requirements for a bachelor’s degree of
any postsecondary credential the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and technical
college with as few requirements institution of higher education in a
manner that minimizes the need to repeat courses or to incur
additional costs. as are consistent with sound academic policy This
requirement applies to transfer processes for all levels of postsecondary
programs delivered at community and technical colleges,
baccalaureate-degree-granting institutions, and graduate-degree-granting
institutions;
(20) Establish and implement policies and procedures to
ensure that a student may transfer and apply toward the requirements for any
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 are consistent with sound
academic policy;
(21) Establish and implement policies and procedures to
ensure that a student 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 are consistent
with sound academic policy;
(22) (20) Establish and implement
policies and programs, in cooperation with the council and the governing boards
Propose rules in accordance with §29A-3A-1, et seq. and §18B-1-6 of
this code to develop a program through which a student who has gained
knowledge and skills through employment, participation in education, and
training at vocational schools or other education institutions, or
Internet-based education programs, may demonstrate by competency-based
assessment that he or she has the necessary knowledge and skills to be granted
academic credit or advanced placement standing toward the requirements of an
associate’s degree or a bachelor’s degree at a state institution of higher
education;
(23) (21) Seek out and attend regional,
national, and international meetings and forums on education and workforce
development-related topics as, in the commission’s discretion, are 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, objectives, and priorities
pursuant to §18B-1-1a and §18B-1D-1 et seq. of this code;
(24) (22) Promulgate and implement a rule
for higher education governing boards and institutions, except for
the statutorily exempted schools and administratively exempted schools, to
follow when considering capital projects pursuant to §18B-19-1 et seq. of
this code, which rule shall provide for appropriate deference to the value
judgments of governing boards under the jurisdiction of the commission and
may not apply to the statutorily or administratively exempted schools;
(25) (23) Submit to the appropriate agencies
of the executive and legislative branches of state government an appropriation
request that reflects recommended appropriations for the commission and the
governing boards under its jurisdiction including the statutorily and
administratively exempted schools. The commission shall submit as part of
its appropriation request the separate recommended appropriation request it
received from the council, both for the council and for the governing boards
under the council’s jurisdiction. The commission annually shall submit the
proposed allocations based on subsection (d) of this section the
funding formula model required by subdivision (a)(2) of this section;
(26) (24) Promulgate rules allocating
reimbursement of appropriations, if made available by the Legislature, to
governing boards for qualifying noncapital expenditures incurred in providing
services to students with physical, learning, or severe sensory disabilities;
(27) (25) Pursuant to §29A-3A-1 et seq. and
§18B-1-6 of this code, promulgate rules necessary or expedient to fulfill the
purposes of this chapter and Chapter 18C of this code;
(28) (26) Determine when a joint rule among
the governing boards under its jurisdiction is necessary or required by law
and, in those instances, in consultation with the governing boards under its
jurisdiction, promulgate the joint rule;
(29) (27) Promulgate and implement a rule
jointly with the council whereby course credit earned at a community and
technical college transfers for program credit at any other state institution
of higher education and is not limited to fulfilling a general education
requirement;
(30) (28) Promulgate a rule pursuant
to §18B-10-1 of this code establishing tuition and fee policy for all governing
boards under the jurisdiction of the commission, except the statutorily and
administratively exempted schools. The rule shall include, but is not
limited to, the following:
(A) Differences among institutional missions;
(B) Strategies for promoting student access;
(C) Consideration of charges to out-of-state students; and
(D) Such other policies as the commission and council consider appropriate;
(31) Assist governing boards in actions to implement
general disease awareness initiatives to educate parents and students,
particularly dormitory residents, about meningococcal meningitis; the
potentially life-threatening dangers of contracting the infection; behaviors
and activities that can increase risks; measures that can be taken to prevent
contact or infection; and potential benefits of vaccination. The commission
shall encourage governing boards that provide medical care to students to
provide access to the vaccine for those who wish to receive it;
(32) (29) Notwithstanding any other
provision of this code to the contrary sell, lease, convey, or otherwise
dispose of all or part of any real property that it owns, in accordance with
§18B-19-1 et seq. of this code;
(33) (30) Policy analysis and research
focused on issues affecting institutions of higher education generally or a
geographical region thereof;
(34) (31) Development and approval of
institutional mission definitions except the statutorily and
administratively exempted schools and administratively exempted schools:
Provided, That the commission may use funds appropriated by the
Legislature for incentive funds to influence institutional behavior in ways
that are consistent with public priorities, including the statutorily and
administratively exempted schools and administratively exempted schools;
(35) (32) Academic program review and
approval for governing boards under its jurisdiction, except the statutorily
and administratively exempted schools. The review and approval includes use
of institutional missions as a template to judge the appropriateness of both
new and existing programs and the authority to implement needed changes.
(A) The commission’s authority to review and approve
academic programs for the statutorily and administratively exempted and
administratively exempted schools is limited to programs that are proposed
to be offered at a new location not presently served by that institution: Provided,
That West Virginia University and the West Virginia University Institute of
Technology are subject to the commission’s authority as provided in §18B-1C-2
of this code.
(B) In reviewing and approving academic programs, the commission shall focus on the following policy concerns:
(i) New programs should may not be
implemented which change the institutional mission, unless the institution also
receives approval for expanding the institutional mission;
(ii) New programs which will require significant
additional expense investments for implementation should may not
be implemented unless the institution demonstrates that:
(I) The expenses will shall be addressed by
effective reallocations of existing institutional resources; or
(II) The expenses can be legitimately spread out over
future years and will shall be covered by reasonably anticipated
additional net revenues from new enrollments;
(iii) A new undergraduate program which is significantly
similar to an existing program already in the geographic service area should
may not be implemented unless the institution requesting the new program
demonstrates a compelling need in the service area that is not being met by the
existing program: Provided, That the academic programs of the
statutorily and administratively exempted and administratively
exempted schools are not to be taken into consideration except as it
relates to academic programs offered at West Virginia University in Beckley and
West Virginia University Institute of Technology in Beckley.
(C) The commission shall approve or disapprove proposed academic degree programs in those instances where approval is required as soon as practicable. The commission shall maintain by rule a format model by which a new program approval shall be requested by an institution. When a request for approval of a new program is submitted to the commission, the chancellor shall provide notice within two weeks as to whether the submission meets the required format, and if it does not the chancellor shall identify each specific deficiency and return the request to the institution. The institution may refile the request for approval with the commission to address any identified deficiencies. Within 30 days after the chancellor’s confirmation that the request meets the required format, the commission shall either approve or disapprove the request for the new program. The commission may not withhold approval unreasonably.
(36) (33) Distribution of funds appropriated
to the commission, including incentive and performance-based funds;
(37) (34) Administration of state and
federal student aid programs under the supervision of the vice chancellor for
administration, including promulgation of rules necessary to administer those
programs;
(38) (35) Serving as the agent to receive
and disburse public funds when a governmental entity requires designation of a
statewide higher education agency for this purpose;
(39) (36) Developing and distributing
information, assessment, accountability and personnel systems for state
colleges and universities, including maintaining statewide data systems that
facilitate long-term planning and accurate measurement of strategic outcomes
and performance indicators;
(40) (37) Jointly with the council,
promulgating and implementing rules for 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. The council has
authority and responsibility for approval of all post-secondary courses or
programs providing community and technical college education as defined in
§18B-1-2 of this code;
(41) (38) Developing, facilitating, and
overseeing statewide and regional projects and initiatives related to providing
post-secondary education at the baccalaureate level and above such as those
using funds from federal categorical programs or those using incentive and
performance-based funds from any source;
(42) (39) (A) For all governing boards under
its jurisdiction, except for the statutorily exempted schools, the commission
shall review institutional operating budgets, review, and approve capital
budgets, and distribute incentive and performance-based funds.
(B) For the governing boards of the statutorily exempted schools, the commission shall distribute incentive and performance-based funds and may review and comment upon the institutional operating budgets and capital budgets. The commission’s comments, if any, shall be made part of the governing board’s minute record and shall be filed with the Legislative Oversight Commission on Education Accountability;
(43) (40) May provide information, research,
and recommendations to state colleges and universities relating to programs and
vocations with employment rates greater than 90 percent within six months
post-graduation; and
(44) (41) May provide information, research,
and recommendations to state colleges and universities on coordinating with the
West Virginia State Board of Education about complimentary programs.
(b) In addition to the powers and duties provided in subsections
(a) and (c) of this section and any other powers and duties assigned to it
by law, the commission has other powers and duties necessary or expedient to
accomplish the purposes of this article chapter and Chapter 18C of
this code: Provided, That the provisions of this subsection shall
may not be construed to shift management authority from the governing
boards to the commission.
(c) The commission may withdraw specific powers of a
governing board under its jurisdiction for a period not to exceed two years, if
the commission determines that any either of the following
conditions exist:
(1) The commission has received information, substantiated by independent audit, of significant mismanagement or failure to carry out the powers and duties of the governing board according to state law; or
(2) Other circumstances which, in the view of the commission, severely limit the capacity of the governing board to exercise its powers or carry out its duties and responsibilities.
The commission may not withdraw specific powers for a period exceeding two years. During the withdrawal period, the commission shall take all steps necessary to reestablish sound, stable and responsible institutional governance.
(d) The Higher Education Policy Commission shall examine
the question of general revenue appropriations to individual higher education
institutions per student, and per credit hour, and by other relevant measures
at state institutions of higher education under its jurisdiction and the
council shall undertake the same analysis for the community and technical
colleges, and on or before October 1 of each year the commission and council
shall each deliver a report to the Joint Committee on Government and Finance
and the Legislative Oversight Commission on Education Accountability.
These reports shall include a recommendation to the Legislature on a formula or
methodology for the allocation of general revenue to be appropriated to such
institutions that provides for ratable funding across all four-year institutions
and community and technical colleges on a ratable basis, by enrolled student,
by credit hour or by other relevant measures. The commission and council shall
take into consideration the needs of each institution relating to a base level
of appropriation support and mission differentiation. On such basis, the
commission and council shall each make a recommendation to the Legislature as
to the amounts that each such institution should have appropriated to it in the
general revenue budget for the next fiscal year, based upon the total general
revenue appropriations that such institutions receive in aggregate in the
enacted budget for the current fiscal year. The commission and council shall
engage with the four-year institutions and community and technical colleges, as
appropriate, to seek to develop a consensus on the formulas and methodologies
underlying any recommendations required by this subsection. The commission and
council shall provide the four-year institutions and community and technical
colleges with at least 30 days written notice to comment on any recommendations
before any report contemplated by this subsection is provided to the
Legislature.