H. B. 3338
(By Delegates Perry, Williams, Louisos, Moye,
Stowers, Lawrence, Crosier, Beach, Pethtel,
Staggers and Guthrie)
[Introduced March 23, 2009; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18B-1-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §18B-1B-6 of said code;
to amend and reenact §18B-1C-2 of said code; to amend said
code by adding thereto a new section, designated §18B-1C-3; to
amend and reenact §18B-2A-1 of said code; and to amend and
reenact §18B-3C-8 of said code, all relating to higher
education generally; integrating the operations of the
institution known as the Community and Technical College at
West Virginia University Institute of Technology into West
Virginia University Institute of Technology.
Be it enacted by the Legislature of West Virginia:
That §18B-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18B-1B-6 of said code be amended
and reenacted; that §18B-1C-2 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-1C-3; that §18B-2A-1 of said code be amended and reenacted; and that §18B-3C-8 of said code be amended
and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meanings ascribed to them unless
the context clearly indicates a different meaning:
(a) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a
of this chapter;
(b) "Free-standing 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 may not be operated
as branches or off-campus locations of any other state institution
of higher education;
(c) "Community and technical college", in the singular or
plural, means the free-standing community and technical colleges
and other state institutions of higher education which deliver
community and technical college education. This definition
includes Southern West Virginia Community and Technical College,
West Virginia Northern Community and Technical College, Eastern
West Virginia Community and Technical College, New River Community
and Technical College, West Virginia University at Parkersburg, The Community and Technical College at West Virginia University
Institute of Technology, Blue Ridge Community and Technical
College, Marshall Community and Technical College, West Virginia
State Community and Technical College and Pierpont Community and
Technical College;
(d) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
delivery of community and technical college education programs;
(e) "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;
(f) "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;
(g) "Higher Education Policy Commission", "Policy Commission"
or "Commission" means the commission created pursuant to section
one, article one-b of this chapter;
(h) "Chancellor for Higher Education" means the chief
executive officer of the Higher Education Policy Commission
employed pursuant to section five, article one-b of this chapter;
(i) "Chancellor for Community and Technical College Education"
means the chief executive officer of the West Virginia Council for
Community and Technical College Education employed pursuant to
section three, article two-b of this chapter;
(j) "Chancellor" means the Chancellor for Higher Education
where the context refers to a function of the Higher Education
Policy Commission. "Chancellor" means Chancellor for Community and
Technical College Education where the context refers to a function
of the West Virginia Council for Community and Technical College
Education;
(k) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources in the 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 or council based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(l) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education resulting
in or which may result in a two-year associate degree award
including an associate of arts, an associate of science and an
associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit
and noncredit workforce development programs; and transfer and
baccalaureate parallel programs. All programs are under the
jurisdiction of the council. Any reference to "post-secondary vocational education programs" means community and technical
college education programs as defined in this subsection;
(m) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(n) "Vice Chancellor for Administration" means the person
employed in accordance with section two, article four of this
chapter. Any reference in this chapter or chapter eighteen-c of
this code to "Senior Administrator" means Vice Chancellor for
Administration;
(o) "State college" means Bluefield State College, Concord
University, Fairmont State University, Glenville State College,
Shepherd University, West Liberty State College or West Virginia
State University;
(p) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(q) "Board of visitors" means the advisory board previously
appointed for the West Virginia Graduate College and the advisory
board previously appointed for West Virginia University Institute
of Technology, which provide guidance to the Marshall University
Graduate College and West Virginia University Institute of
Technology, respectively;
(r) "Institutional compact" means the compact between the commission or council and a state institution of higher education
under its jurisdiction, as described in section six, article one-d
of this chapter;
(s) "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;
(t) "Administratively linked community and technical college"
means a state institution of higher education delivering community
and technical college education and programs which has maintained
a contractual agreement to receive essential services from another
accredited state institution of higher education prior to July 1,
2008;
(u) "Sponsoring institution" means a state institution of
higher education that maintained an administrative link to a
community and technical college providing essential services prior
to July 1, 2008. This definition includes institutions whose
governing boards had under their jurisdiction a community and
technical college, regional campus or a division delivering
community and technical college education and programs;
(v) "Collaboration" means entering into an agreement with one
or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(w) "Broker" or "brokering" means serving as an agent on behalf of students, employers, communities or responsibility areas
to obtain education services not offered at that institution.
These services include courses, degree programs or other services
contracted through an agreement with a provider of education
services either in-state or out-of-state;
(x) "Council" means the West Virginia Council for Community
and Technical College Education created pursuant to article two-b
of this chapter;
(y) "West Virginia Consortium for Undergraduate Research and
Engineering" or "West Virginia CURE" means the collaborative
planning group established pursuant to article one-c of this
chapter;
(z) "Advanced technology center" means a facility established
under the direction of an independent community and technical
college for the purpose of implementing and delivering education
and training programs for high-skill, high-performance Twenty-first
Century workplaces;
(aa) "Statewide network of independently accredited community
and technical colleges" or "community and technical college
network" means the state institutions of higher education under the
jurisdiction of the West Virginia Council for Community and
Technical College Education which are independently accredited or
are seeking independent accreditation by the regional accrediting
agency, each governed by its own independent governing board, and each having a core mission of providing affordable access to and
delivering high quality community and technical education in every
region of the state; and
(bb) "Independent community and technical college" means a
state institution of higher education under the jurisdiction of the
council which is independently accredited or seeking independent
accreditation, is governed by its own independent governing board,
and may not be operated as a branch or off-campus location of any
other state institution of higher education. This definition
includes Blue Ridge Community and Technical College,
The Community
and Technical College at West Virginia University Institute of
Technology, Eastern West Virginia Community and Technical College,
Marshall Community and Technical College, New River Community and
Technical College, Pierpont Community and Technical College,
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, West Virginia
State Community and Technical College, and West Virginia University
at Parkersburg.
(cc) "Dual credit course" or "dual enrollment course" is a
credit-bearing college-level course offered in a high school by a
state institution of higher education for high school students in
which the students are concurrently enrolled and receiving credit
at the secondary level.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a)
Appointment of institutional presidents. -- Appointment of
presidents of the state institutions of higher education shall be
made as follows:
(1) The initial contract term for a president of a state
institution of higher education may not exceed two years. At the
end of the initial contract period, and subject to the provisions
of subsection (c) of this section, the governing board may offer
the president a contract of longer duration, but not to exceed five
years.
(A) The provisions relating to initial contract periods do not
affect the terms of a current contract for any person holding a
multiyear contract and serving as president of a state institution
of higher education or division of a state institution of higher
education delivering community and technical education on June 30,
2008;
(B) At the end of the current contract period and thereafter,
the governing board shall make presidential appointments in
accordance with the provisions of this section.
(2) The person who is president, provost, or divisional
administrative head of the community and technical college on June
30, 2008, becomes the president of the institution on the effective
date of this section.
(3) The president of a state institution of higher education serves at the will and pleasure of the appointing governing board.
(4) Subject to the approval of the commission, the governing
board of the institution appoints a president for Bluefield State
College, Concord University, Fairmont State University, Glenville
State College, Marshall University, Shepherd University, West
Liberty State College, West Virginia School of Osteopathic
Medicine, West Virginia State University and West Virginia
University.
(5) Subject to the approval of the council, the governing
board of the community and technical college appoints a president
for Blue Ridge Community and Technical College,
The Community and
Technical College at West Virginia University Institute of
Technology, Eastern West Virginia Community and Technical College,
Marshall Community and Technical College, New River Community and
Technical College, Pierpont Community and Technical College,
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, West Virginia
State Community and Technical College, and West Virginia University
at Parkersburg.
(b)
Other appointments. --
(1) The
institutional president
of West Virginia University
appoints a provost to be the administrative head of the Potomac
campus of West Virginia University and a provost to be the
administrative head of West Virginia University Institute of Technology.
(2) Subject to the approval of the council, the governing
board of West Virginia University appoints a president for the
Community and Technical College at West Virginia University
Institute of Technology, who serves at the will and pleasure of the
governing board.
(c)
Evaluation of presidents. --
(1) The appointing governing board shall conduct written
performance evaluations of the institution's president.
Evaluations shall be done at the end of the initial two-year
contract period and in every third year of employment as president
thereafter, recognizing unique characteristics of the institution
and using institutional personnel, 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 and in achieving the
goals, objectives and priorities established in articles one and
one-d of this chapter.
(2) After reviewing the evaluations, the board of governors
shall make a determination by majority vote of its members on
continuing employment and the compensation level for the president
in accordance with the provisions of subsection (a) of this section.
(d) The commission and council each shall propose a rule for
legislative approval in accordance with the provisions of section
six, article one of this chapter and article three-a, chapter
twenty-nine-a of this code by September 1, 2008, to provide
guidance for the institutional governing boards in filling
vacancies in the office of president in accordance with the
provisions of this chapter. The rule shall include, but is not
limited to, clarifying the powers, duties and roles of the
governing boards, the commission, the council, and the chancellors
in the presidential appointment process.
(e) The Legislature finds that an emergency exists and,
therefore, the commission and the council each shall file a rule to
implement the provisions of this section as an emergency rule by
September 1, 2008, pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code. The emergency rule may not be
implemented without prior approval of the Legislative Oversight
Commission on Education Accountability.
ARTICLE 1C. WEST VIRGINIA UNIVERSITY OF TECHNOLOGY.
§18B-1C-2. West Virginia University Institute of Technology;
Division of West Virginia University.
(a) West Virginia University Institute of Technology is a
fully integrated Division of West Virginia University. All
administrative and academic units are consolidated with primary responsibility for direction and support assigned to West Virginia
University. The advisory board previously appointed for West
Virginia University Institute of Technology is known as the board
of visitors and shall provide guidance to the division in
fulfilling its mission. The chairperson of the board of visitors
serves as an ex officio, voting member of the West Virginia
University Board of Governors.
(b) The fully integrated division is named West Virginia
University Institute of Technology. The headquarters of West
Virginia University Institute of Technology remains in Montgomery,
West Virginia.
(c) The provisions of this section do not affect the
independent accreditation or continued operation of The Community
and Technical College at West Virginia University Institute of
Technology.
Effective the first day of July, two thousand eight
the institution becomes an independent community and technical
college administered by its own governing board Effective July 1,
2009, the institution becomes administratively linked to West
Virginia University Institute of Technology, under the jurisdiction
and authority of the council, and is subject to all applicable
provisions of this chapter and chapter eighteen-c of this code.
(d) Auxiliary enterprises shall be incorporated into the West
Virginia University auxiliary enterprise system. The West Virginia
University Board of Governors shall determine if operations at West Virginia University Institute of Technology can be operated on a
self-sufficient basis when establishing rates for auxiliary
services and products.
(e) West Virginia University Institute of Technology has a
strong reputation in engineering and other scientific disciplines.
These programs shall be maintained, cultivated and emphasized
further as its sustaining mission over the next decade.
(f) By April 1, 2007, the West Virginia University Board of
Governors shall develop and approve a plan to implement the
provisions of this article. Beginning July 1, 2006, the board of
governors may begin implementing appropriate changes in the
operations of West Virginia University Institute of Technology to
further the purposes of this article.
(g) By November 1, 2006, and annually thereafter for a period
of four years, the West Virginia University Board of Governors
shall prepare and submit a report to the commission and Legislative
Oversight Commission on Education Accountability on progress being
made to implement the provisions of this article.
(h) West Virginia University Institute of Technology shall
develop or maintain baccalaureate degree programs as a permanent
component of its curriculum.
§18B-1C-3. Community and Technical College at West Virginia
University Institute of Technology Advisory Board.
(a) The Community and Technical College at West Virginia University Institute of Technology Board of Governors is abolished.
The Community and Technical College at West Virginia University
Institute of Technoloy Board of Advisors is established.
(b)
The chairperson of the Community and Technical College at
West Virginia University Institute of Technology Board of Advisors
serves as an ex officio, voting member of the governing board of
West Virginia University
.
(c) The lay members of the board of advisors are appointed by
the Council.
(d) 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 of the respective
institution; a member of the student body in good academic
standing, enrolled for college credit work and duly elected by the
student body of the respective institution; a member from the
institutional classified employees duly elected by the classified
employees of the respective institution; and twelve lay persons
appointed pursuant to 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
respective institution and no more than a simple majority may be of the same political party.
(
e) The student member serves for a term of one year beginning
on May 1. The member from the faculty and the classified
employees, respectively, serves for a term of two years beginning
on May 1; and the twelve lay members serve terms of four years each
beginning on May 1. 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 April 30 preceding the commencement of the
term. Terms of members begin on May 1 following election.
(f) The board of advisors shall hold a regular meeting at
least quarterly, commencing in May 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.
(g) One of the twelve lay members shall be elected as
chairperson by the board of advisors in May of each year. A member
may not serve as chairperson for more than two consecutive years.
(h) 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.
(i) Prior to the submission by the president to its governing
board, the board of advisors shall review 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
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.
(j) Prior to their implementation by the president, the board
of advisors shall review all proposals regarding institution-wide personnel policies. The board of advisors may comment on the
proposals in writing.
(k) The board of advisors shall provide advice and assistance
to the president and the governing board in areas including, but
not limited to, the following:
(1) Establishing closer connections between higher education
and business, labor, government and community and economic
development organizations to give students greater opportunities to
experience the world of work. Examples of such experiences include
business and community service internships, apprenticeships and
cooperative programs;
(2) Communicating better and serving 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
(3) Assessing the performance of the institution's graduates
and assisting in job placement.
(l) When a vacancy occurs 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 council. 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. For the
purposes of the search and screening process only, 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. 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 approves one of the candidates submitted. In all
cases, the governing board shall make the appointment with the
approval of the council. The governing board or the council shall
provide all necessary staff assistance to the board of advisors in
its role as a search and screening committee.
(m) The boards of advisors shall develop a master plan for the
community and technical college. The ultimate responsibility for
developing and updating the master plans at the institutional level
resides with the board of advisors, but the ultimate responsibility
for approving the final version of the master plan, including
periodic updates, resides with the council. 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.
(4) 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.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment;
establishment of boards for independent community
and technical colleges.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, 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
University and West Virginia University.
(b) Independent community and technical colleges established.
--
Effective July 1, 2008, the board of advisors is abolished and
a board of governors is established for Marshall Community and
Technical College; Pierpont Community and Technical College,
formerly a division of Fairmont State University; The Community and
Technical College at West Virginia University Institute of
Technology; West Virginia State Community and Technical College;
and West Virginia University at Parkersburg.
(A) In making the initial appointments to these boards of
governors, the Governor may appoint those persons who are lay
members of the boards of advisors by June 30, 2008.
(B) At the end of the initial term, and thereafter, an
appointment to fill a vacancy on the board or reappointment of a
member who is eligible to serve an additional term is made in
accordance with the provisions of this section.
(c) The institutional boards of governors for Marshall
University and West Virginia University consist of sixteen persons.
The boards of governors of the other state institutions of higher
education consist of twelve persons.
(d) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the institutional Board of Governors at Marshall
University, thirteen lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this
section.
(5) For the institutional Board of Governors at West Virginia
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the Board of Visitors of West
Virginia University Institute of Technology, and the chairperson of
the Board of Advisors of the Community and Technical College at West Virginia University Institute of Technology.
(6) For each institutional board of governors of the other
state institutions of higher education, nine lay members appointed
by the Governor, by and with the advice and consent of the Senate,
pursuant to this section.
(e) Of the nine members appointed by the Governor, no more
than five may be of the same political party. Of the thirteen
members appointed by the Governor to the governing board of
Marshall University, no more than eight may be of the same
political party. Of the twelve members appointed by the Governor
to the governing board of West Virginia University, no more than
seven may be of the same political party. Of the nine members
appointed by the Governor, at least six shall be residents of the
state. Of the thirteen members appointed by the Governor to the
governing board of Marshall University, at least eight shall be
residents of the state. Of the twelve members appointed by the
Governor to the governing board of West Virginia University, at
least eight shall be residents of the state.
(f) The student member serves for a term of one year. Each
term begins on July 1.
(g) The faculty member serves for a term of two years. Each
term begins on July 1. Faculty members are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(h) The member representing classified employees serves for a
term of two years. Each term begins on July 1. Members
representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(i) The appointed lay citizen members serve terms of up to
four years each and are eligible to succeed themselves for no more
than one additional term.
(j) 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 June 30 preceding the
commencement of the term. Each board of governors shall elect one
of its appointed lay members to be chairperson in June of each year
except for the fiscal year beginning on July 1, 2008 only, when the
board shall elect the chairperson in July. A member may not serve
as chairperson for more than four consecutive years.
(k) The appointed members of the institutional boards of
governors serve staggered terms of up to four years except that
four of the initial appointments to the governing boards of
community and technical colleges which become independent on July
1, 2008 are for terms of two years and five of the initial
appointments are for terms of four years.
(l) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, 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; an employee of any affiliated research
corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students, or the superintendent of a county board of education from
being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of a board of visitors 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, other than an elected county office, or public employment, other than employment by the county board of education, under the
government of this state or any of its political subdivisions; an
employee of any affiliated research corporation created pursuant to
article twelve of this chapter; an employee of any affiliated
foundation organized and operated in support of one or more state
institutions of higher education; or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees, students, or chairpersons
of the boards of advisors from being members of the governing
boards.
(m) 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.
(n) A member of a governing board appointed by the Governor
may not 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.
(o) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-8. Legislative findings and intent; statewide network of
independently accredited community and technical
colleges; operations and administration.
(a) Legislative findings. --
(1) The Legislature has enacted legislation, beginning with
Enrolled Senate Bill No. 653, passed during the 2000 regular
session, and continuing with Enrolled Senate Bill No. 703, passed
during the 2001 regular session, Enrolled House Bill No. 2224,
passed during the 2003 regular session, and Enrolled Senate Bill
No. 448, passed during the 2004 regular session, the purpose of
which is to strengthen the state's community and technical
colleges, clarify their core mission and establish essential
conditions to be met, and ensure the most effective delivery of
services to business, industry, and West Virginia citizens in every
region of the state.
(2) The primary goal of the Legislature is to create a
statewide network of independently accredited community and
technical colleges that focuses on technical education, work force training, and lifelong learning for the Twenty-first Century,
consistent with the goals, objectives, priorities and essential
conditions established in articles one, one-d and three-c of this
chapter.
(3) A necessary precedent to accomplishing the legislative
goal is to change the way that leaders at all levels of education,
including institutional governing boards, view community and
technical colleges. Specifically, that the mission of community
and technical colleges is different from that of traditional
four-year colleges in what they seek to accomplish and how they can
achieve it effectively and that the state can not compete
successfully in today's information-driven, technology-based
economy if community and technical colleges continue to be viewed
as add-ons or afterthoughts attached to the baccalaureate
institutions.
(b) Legislative intent. --
(1) Therefore, it is the intent of the Legislature that the
statewide network of independently-accredited community and
technical colleges as a whole and each independent community and
technical college individually provide the following types of
services as part of the core institutional mission:
(A) 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;
(B) Transfer education associate of arts and associate of
science degree programs for students whose educational goal is to
transfer into a baccalaureate degree program with particular
emphasis on reaching beyond traditional college-age students to
unserved or underserved adult populations;
(C) Developmental/remedial education courses, tutorials,
skills development labs, and other services for students who need
to improve their skills in mathematics, English, reading, study
skills, computers and other basic skill areas;
(D) Work force development education contracted with business
and industry to train or retrain employees;
(E) Continuing development assistance and education credit and
noncredit courses for professional and self-development,
certification and licensure, and literacy training; and
(F) 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 the institution serves.
(2) It is further the intent of the Legislature that each
community and technical college focus special attention on
programmatic delivery of their core mission services to unserved
and underserved populations to achieve established state objectives. These include the following as highest priorities:
(A) Increasing the number of adults age twenty-five and above
who participate in post-secondary education;
(B) Developing technical programs that meet the documented
occupational needs of West Virginia's employers;
(C) Providing work force development programs by implementing
the Adult Career Pathways Model, which provides opportunities for
the following:
(i) Adults to earn certifications through the completion of
skill-sets;
(ii) Ordered progression from skill-sets and certifications to
one-year certificate programs and progression from one-year
certificate degrees to Associate of Applied Science Degree
programs, and
(iii) Students to exit at any stage of completion in order to
enter employment with the option of continuing the pathway
progression at a later time and/or on a part-time basis.
(D) Offering programs in various time frames other than the
traditional semester delivery model and at different locations,
including work sites, convenient to working adults;
(E) Providing technical programs in modules or "chunks",
defined in competencies required for employment, and tied to
certification and licensing requirements.
(F) Entering into collaborative programs that recognize high-quality training programs provided through labor unions,
registered apprenticeships, and industry-sponsored training
programs with the goal of enabling more adults to earn a college
credential;
(G) Developing innovative approaches to improve the basic and
functional literacy rates of West Virginians in all regions of the
state;
(H) Developing "bridge programs" for disadvantaged youth and
adults to enable them to acquire the skills necessary to be
successful in education and training programs that lead to
high-skills, high-wage jobs; and
(I) Providing access to post-secondary education through the
delivery of developmental education for those individuals
academically under-prepared for college-level work.
(c) In fulfillment of the purposes and intent defined in
subsections (a) and (b) of this section, there is continued a
statewide network of independently accredited community and
technical colleges serving every region of the state. Each
free-standing and independent community and technical college is
strongly encouraged to serve as a higher education center for its
region by brokering with other colleges, universities and
providers, in-state and out-of-state, both public and private, to
afford the most coordinated access to needed programs and services
by students, employers and other clients, to achieve the goals, objectives, and essential conditions established in articles one,
one-d, and three-c of this chapter, and to ensure the most
efficient use of scarce resources.
(d) Statewide network of independently accredited community
and technical colleges. --
(1) By July, 2009, each governing board of a community and
technical college which became independent on July 1, 2008, shall
make a determination by majority vote of the board whether to keep
the current name for its respective institution or to select a new
name. If a governing board chooses to select a new name, any
reference in this code to that institution by a name in use prior
to July 1, 2009, means the institution under the name designated by
its board of governors.
(2) The statewide network of independently accredited
community and technical colleges is comprised of the following
independent state institutions of higher education under the
jurisdiction of the council:
(A) Blue Ridge Community and Technical College. --
Blue Ridge Community and Technical College is an independently
accredited state institution of higher education. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering
to the essential conditions pursuant to section three of this
article.
(B) The Community and Technical College at West Virginia
University Institute of Technology. --
(i) The Community and Technical College at West Virginia
University Institute of Technology is an independently accredited
state institution of higher education which may maintain an
association with is administratively linked to West Virginia
University Institute of Technology, a division of West Virginia
University, or directly with West Virginia University, subject to
the provisions of section twelve of this article. The president of
the Community and Technical College at West Virginia University
Institute of Technology and the West Virginia University governing
board of the community and technical college are responsible for
maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(ii) West Virginia University Institute of Technology may
continue associate degree programs in areas of particular
institutional strength which are closely articulated to its
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the governing boards of the community and
technical college and West Virginia University Institute of Technology or directly with community and technical college
advisory board and the West Virginia University board of governors.
as appropriate. The final contract may not be implemented until
approved by the council. except that any contract between the
community and technical college and West Virginia University
Institute of Technology or West Virginia University related to
program delivery under the terms of this section in effect on the
first day of July, two thousand eight, shall continue in effect
until the first day of July, two thousand nine, unless amended or
revoked before that date by mutual agreement of the contract
parties with approval by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia University Institute of Technology and The Community and
Technical College at West Virginia University Institute of
Technology relating to delivery of dual credit courses as defined
in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(C) Eastern West Virginia Community and Technical College. --
Eastern West Virginia Community and Technical College is a
free-standing state institution of higher education seeking
independent accreditation. The president and the governing board
of Eastern Community and Technical College are responsible for
achieving independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(D) Marshall Community and Technical College. --
(i) Marshall Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Marshall University subject
to the provisions of section twelve of this article. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering
to the essential conditions pursuant to section three of this
article.
(ii) Marshall University may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the council and through
contract with Marshall Community and Technical College. The terms
of the contract shall be negotiated between the governing boards of
the community and technical college and Marshall University. The
final contract may not be implemented until approved by the council
except that any contract between the community and technical
college and Marshall University related to program delivery under
the terms of this section in effect on July 1, 2008, shall continue
in effect until July 1, 2009, unless amended or revoked before that
date by mutual agreement of the contract parties with approval by
the council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by
Marshall Community and Technical College.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Marshall University and Marshall Community and Technical College relating to
delivery of dual credit courses as defined in section two, article
one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(E) New River Community and Technical College. --
(i) New River Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Bluefield State College
subject to the provisions of section twelve of this article. The
community and technical college is headquartered in Beckley and
incorporates the campuses of Greenbrier Community College Center of
New River Community and Technical College and Nicholas Community
College Center of New River Community and Technical College.
(ii) The president and the governing board of New River
Community and Technical College are responsible for maintaining
independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(iii) Bluefield State College may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided through
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the governing
boards of the community and technical college and Bluefield State
College. The final contract may not be implemented until approved
by the council except that any contract between the community and
technical college and Bluefield State College related to program
delivery under the terms of this section in effect on July 1, 2008,
shall continue in effect until July 1, 2009, unless amended or
revoked before that date by mutual agreement of the contract
parties with approval by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by New River Community and Technical College.
(iv) Bluefield State College may continue the associate of
science degree in nursing which is an existing nationally accredited associate degree program in an area of particular
institutional strength and which is closely articulated to the
baccalaureate program and mission. The program is of a high-cost
nature and can best be provided through direct administration by a
baccalaureate institution. This program may not be transferred to
New River Community and Technical College or any other community
and technical college as long as the program maintains national
accreditation and is seamlessly coordinated into the baccalaureate
program at the institution.
(v) New River Community and Technical College participates in
the planning and development of a unified effort involving multiple
providers to meet the documented education and work force
development needs in the region. Nothing in this subdivision
prohibits or limits any existing, or the continuation of any
existing, affiliation between Mountain State University, West
Virginia University Institute of Technology and West Virginia
University. The objective is to assure students and employers in
the area that there is coordination and efficient use of resources
among the separate programs and facilities, existing and planned,
in the Beckley area.
(F) Pierpont Community and Technical College. --
(i) Pierpont Community and Technical College is an independent
state institution of higher education seeking independent
accreditation. The president and the governing board of Pierpont Community and Technical College, assisted by the president and
governing board of Fairmont State University, are responsible for
the community and technical college achieving independent
accreditation and adhering to the essential conditions pursuant to
sections three and thirteen of this article.
(ii) Fairmont State University may continue associate degree
programs 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. Any such program
shall be delivered under the authority of the council and through
contract with the community and technical college. The terms of
the contract shall be negotiated between the council and the
governing board of Fairmont State University. The final contract
may not be implemented until approved by the council except that
any contract between the community and technical college and
Fairmont State University related to program delivery under the
terms of this section in effect on July 1, 2008, shall continue in
effect until July 1, 2009, unless amended or revoked before that
date by mutual agreement of the contract parties with approval by
the council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Fairmont
State University and Pierpont Community and Technical College
relating to delivery of dual credit courses as defined in section
two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(G) Southern West Virginia Community and Technical College. --
Southern West Virginia Community and Technical College is an
independently-accredited, free-standing state institution of higher
education. The president and the governing board of Southern West
Virginia Community and Technical College are responsible for maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(H) West Virginia Northern Community and Technical College. --
West Virginia Northern Community and Technical College is an
independently-accredited, free-standing state institution of higher
education. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(I) West Virginia State Community and Technical College. --
(i) West Virginia State Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with West Virginia State
University subject to the provisions of section twelve of this
article. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(ii) West Virginia State University may continue associate
degree programs in areas of particular institutional strength which
are closely articulated to its baccalaureate programs and missions
or which are of a high-cost nature and can best be provided in
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and through contract with the community and technical college. The
terms of the contract shall be negotiated between the governing
boards of the community and technical college and West Virginia
State University. The final contract may not be implemented until
approved by the council except that any contract between the
community and technical college and West Virginia State University
related to program delivery under the terms of this section in
effect on July 1, 2008, shall continue in effect until July 1,
2009, unless amended or revoked before that date by mutual
agreement of the contract parties with approval by the council.
Such a program shall be evaluated according to the benchmarks and
indicators for community and technical college education developed
by the council. If the council determines that the program is
making insufficient progress toward accomplishing the benchmarks,
the program shall thereafter be delivered by the community and
technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia State University and West Virginia State Community and
Technical College relating to delivery of dual credit courses as
defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(J) West Virginia University at Parkersburg. --
(i) West Virginia University at Parkersburg is an
independently accredited state institution of higher education
which may maintain an association with West Virginia University
subject to the provisions of section twelve of this article. The
president and the governing board of the community and technical
college are responsible for maintaining independent accreditation
and adhering to the essential conditions pursuant to section three
of this article.
(ii) Any contract between the community and technical college
and West Virginia University related to program delivery under the
authority of the council or related to delivery of baccalaureate
programs, in effect on July 1, 2008, shall continue in effect
unless amended or revoked by mutual agreement of the contract
parties with approval by the council.
(iii) In recognition of the unique and essential part West
Virginia University at Parkersburg plays in providing education services in its region, the community and technical college may
continue delivering baccalaureate degree programs offered at the
institution on the effective date of this section, may implement
additional baccalaureate programs with the approval of the
commission and is strongly encouraged:
(I) To continue and expand its role as a higher education
center pursuant to subsection (c) of this section; and
(II) To broker from West Virginia University and other higher
education institutions, as appropriate, additional baccalaureate
level degree programs the community and technical college
determines are needed in its service region.
(III) Any baccalaureate degree programs offered at the
community and technical college shall be delivered under the
authority of the commission. The program shall be evaluated
according to the benchmarks and indicators for baccalaureate
education developed by the commission.
NOTE: The purpose of this bill is to integrate the operations
of the institution known as the Community and Technical College at
West Virginia University Institute of Technology into West Virginia
University Institute of Technology.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.