Senate Bill No. 731
(By Senators Kessler and Hunter)
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[Introduced February 20, 2006; referred to the Committee
on Education.]
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A BILL to amend and reenact §18-1-1 of the Code of West Virginia,
1931, as amended; to amend and reenact §18A-3-1 and §18A-3-1a
of said code; to amend and reenact §18A-4-1, §18A-4-4 and
§18A-4-8 of said code; to amend and reenact §18B-1B-4 of said
code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18C-6-2 of said code; to amend and reenact
§18C-7-3 of said code; and to amend and reenact §30-32-17 of
said code, all relating to clarification of eligibility for
teaching certification for graduates of accredited
institutions of higher education; and alleviating the shortage
of certified teachers in West Virginia.
Be it enacted by the Legislature of West Virginia:
That §18-1-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18A-3-1 and §18A-3-1a of said code
be amended and reenacted; that §18A-4-1, §18A-4-4 and §18A-4-8 of
said code be amended and reenacted; that §18B-1B-4 of said code be amended and reenacted; that §18B-2B-6 of said code be amended and
reenacted; that §18C-6-2 of said code be amended and reenacted;
that §18C-7-3 of said code be amended and reenacted; and that
§30-32-17 of said code be amended and reenacted, all to read as
follows:
CHAPTER 18. EDUCATION.
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS
FOR
EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School" means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia Board of Education;
(d) "County board" or "board" means the county board of
education;
(e) "State superintendent" means the State Superintendent of
Free Schools;
(f) "County superintendent" or "superintendent" means the
county superintendent of schools;
(g) "Teacher" means teacher, supervisor, principal,
superintendent or public school librarian; registered professional nurse, licensed by the West Virginia Board of Examiners for
Registered Professional Nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school in
this state;
(h) "Service personnel" means all nonteaching school employees
not included in the above definition of "teacher";
(i) "Social worker" means a nonteaching school employee who,
at a minimum, possesses an undergraduate degree in social work from
an accredited institution of higher learning and who provides
various professional social work services, activities or methods as
defined by the state board for the benefit of students;
(j) "Regular full-time employee" means any person employed by
a county board of education who has a regular position or job
throughout his or her employment term, without regard to hours or
method of pay;
(k) "Career clusters" means broad groupings of related
occupations;
(l) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled
to attend or who, if not placed in a residential facility, would be
entitled to attend public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and
eighteen, article five of this chapter; or (3) section one, article
twenty of this chapter;
(n) "Student with a disability" means an exceptional child,
other than gifted, pursuant to section one, article twenty of this
chapter;
(o) "Low-density county" means a county whose ratio of student
population to square miles is less than or equal to the state
average ratio as computed by the State Department of Education;
(p) "High-density county" means a county whose ratio of
student population to square miles is greater than the state
average ratio as computed by the State Department of Education;
and
(q) "Casual deficit" means a deficit of not more than three
percent of the approved levy estimate or a deficit that is
nonrecurring from year to year;
and
(r) "Accredited institution of higher education" means any
public or private college or university accredited by an
organization recognized, at the time of the decision under the
relevant code provision, by both the Council of Higher Education
Accreditation (CHEA) and the United Stated Department of Education
(USDOE).
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-1. Teacher preparation programs; program approval and
standards; authority to issue teaching certificates.
(a) The education of professional educators in the state shall
be under the general direction and control of the State Board of
Education after consultation with the Secretary of Education and
the Arts and the Chancellor for Higher Education who shall
represent the interests of teacher preparation programs within the
institutions of higher education in this state as those
institutions are defined in section two, article one, chapter
eighteen-b of this code.
The education of professional educators in the state includes
all programs leading to certification to teach or serve in the
public schools including: (1) Those programs in all institutions
of higher education, including student teaching in the public
schools; (2) beginning teacher internship programs; (3) the
granting of West Virginia certification to persons who received
their preparation to teach outside the boundaries of this state,
except as provided in subsection (b) of this section; (4) any
alternative preparation programs in this state leading to
certification, including programs established pursuant to the
provisions of section one-a of this article and programs which are
in effect on the effective date of this section; and (5) any
continuing professional education, professional development and
in-service training programs for professional educators employed in
the public schools in the state.
(b) The State Board of Education, after consultation with the
Secretary of Education and the Arts and the Chancellor for Higher
Education who shall represent the interests of teacher preparation
programs within the institutions of higher education in this state
as those institutions are defined in section two, article one,
chapter eighteen-b of this code, shall adopt standards for the
education of professional educators in the state and for the
awarding of certificates valid in the public schools of this state
subject to the following conditions:
(1) The standards approved by the board for teacher
preparation shall include a provision for the study of
multicultural education. As used in this section, multicultural
education means the study of the pluralistic nature of American
society including its values, institutions, organizations, groups,
status positions and social roles;
(2) Effective the first day of January, one thousand nine
hundred ninety-three, the standards approved by the board shall
also include a provision for the study of classroom management
techniques and shall include methods of effective management of
disruptive behavior which shall include societal factors and their
impact on student behavior; and
(3) Effective on the effective date of this section, any
teacher who: (i) Has graduated from a teacher preparation program
at
a regionally an accredited institution of higher education; (ii)
possesses the minimum of a bachelor's degree; and (iii) holds a valid teaching certificate or certificates issued by another state,
or holds a certificate of eligibility issued by another state and
meets all of the requirements of the state for full certification
except employment, shall be, upon application, awarded a teaching
certificate or certificates for the same grade level or levels and
subject area or areas valid in the public schools of this state,
subject only to the provisions of section ten of this article.
(c) To give prospective teachers the teaching experience
needed to demonstrate competence as a prerequisite to
certification, the State Board of Education may enter into an
agreement with county boards for the use of the public schools.
Such agreement shall recognize student teaching as a joint
responsibility of the teacher preparation institution and the
cooperating public schools and shall include: (1) The minimum
qualifications for the employment of public school teachers
selected as supervising teachers; (2) the remuneration to be paid
public school teachers by the state board, in addition to their
contractual salaries, for supervising student teachers; and (3)
minimum standards to guarantee the adequacy of the facilities and
program of the public school selected for student teaching. The
student teacher, under the direction and supervision of the
supervising teacher, shall exercise the authority of a substitute
teacher.
(d) The State Superintendent of Schools may issue certificates
to graduates of teacher education programs and alternative teacher education programs approved by the State Board of Education and in
accordance with this section and rules adopted by the state board
after consultation with the Secretary of Education and the Arts and
the Chancellor for Higher Education. A certificate to teach shall
not be granted to any person who is not a citizen of the United
States, is not of good moral character and physically, mentally and
emotionally qualified to perform the duties of a teacher and who
has not attained the age of eighteen years on or before the first
day of October of the year in which his or her certificate is
issued; except that an exchange teacher from a foreign country, or
an alien person who meets the requirements to teach, may be granted
a permit to teach within the public schools of the state.
(e) In consultation with the Secretary of Education and the
Arts and the Chancellor for Higher Education, institutions of
higher education approved for teacher preparation may cooperate
with each other, with the center for professional development and
with one or more county boards in the organization and operation of
centers to provide selected phases of the teacher preparation
program such as student teaching, beginning teacher internship
programs, instruction in methodology and seminar programs for
college students, teachers with provisional certification,
professional support team members and supervising teachers.
The institutions of higher education, the center for
professional development and county boards may by mutual agreement
budget and expend funds for the operation of the centers through payments to the appropriate fiscal office of the participating
institutions, the center for professional development and the
county boards.
(f) The provisions of this section shall not be construed to
require the discontinuation of an existing student teacher training
center or school which meets the standards of the State Board of
Education.
(g) All institutions of higher education approved for teacher
preparation in the school year of one thousand nine hundred
sixty-two--sixty-three shall continue to hold that distinction so
long as they meet the minimum standards for teacher preparation.
Nothing contained herein shall infringe upon the rights granted to
any institution by charter given according to law previous to the
adoption of this code.
§18A-3-1a. Alternative programs for the education of teachers.
(a) By the fifteenth day of August, two thousand five, the
state board, after consultation with the Secretary of Education and
the Arts, shall promulgate rules in accordance with the provisions
of article three-b, chapter twenty-nine-a of this code for the
approval and operation of teacher education programs which are an
alternative to the regular college or university programs for the
education of teachers. To participate in an approved alternative
teacher education program, the candidate must hold an alternative
program teacher certificate issued by the superintendent and
endorsed for the instructional field in which the candidate seeks certification. An alternative program teacher certificate is a
certificate issued for one year to a candidate who does not meet
the standard educational requirements for certification. The
certificate may be renewed no more than two times. No individual
may hold an alternative program teacher certificate for a period
exceeding three years. The alternative program teacher certificate
shall be considered a professional teaching certificate for the
purpose of the issuance of a continuing contract. To be eligible
for an alternative program teacher certificate, an applicant shall:
(1) Possess at least a bachelor's degree from
a regionally an
accredited institution of higher education in a discipline taught
in the public schools except that the rules established by the
board may exempt candidates in selected vocational and technical
areas who have at least ten years' experience in the subject field
from this requirement;
(2) Pass an appropriate state board approved basic skills and
subject matter test in the area for which licensure is being
sought;
(3) Be a citizen of the United States, be of good moral
character and physically, mentally and emotionally qualified to
perform the duties of a teacher, and have attained the age of
eighteen years on or before the first day of October of the year in
which the alternative program teacher certificate is issued;
(4) Have been offered employment by a county board in an area
of critical need and shortage; and
(5) Qualify following a criminal history check pursuant to
section ten of this article.
Persons who satisfy the requirements set forth in subdivisions
(1) through (5) of this subsection shall be granted a formal
document which will enable them to work in a public school in West
Virginia.
(b) The rules adopted by the board shall include provisions
for the approval of alternative teacher education programs which
may be offered by schools, school districts, consortia of schools
or regional educational service agency and for the setting of
tuition charges to offset the program costs. An approved
alternative teacher education program shall be in effect for a
school, school district, consortium of schools or regional
educational service agency before an alternative program teacher
may be employed in that school, school district, consortium of
schools or regional educational service agency. An approved
alternative program shall provide essential knowledge and skills to
alternative program teachers through the following phases of
training:
(1)
Instruction. -- The alternative preparation program shall
provide a minimum of eighteen semester hours of instruction in the
areas of student assessment; development and learning; curriculum;
classroom management; the use of educational computers and other
technology; and special education and diversity. All programs
shall contain a minimum of three semester hours of instruction in special education and diversity out of the minimum eighteen
required semester hours.
(2)
Phase I. -- Phase I shall consist of a period of intensive
on-the-job supervision by an assigned mentor and the school
administrator for a period of not less than two weeks and no more
than four weeks. The assigned mentor shall meet the requirements
for mentor set forth in section two-b of this article and be paid
the stipend pursuant to that section. During this time, the
teacher shall be observed daily. This phase shall include an
orientation to the policies, organization and curriculum of the
employing district. The alternative program teacher shall begin to
receive formal instruction in those areas listed in subdivision (1)
of this subsection.
(3)
Phase II. -- Phase II shall consist of a period of
intensive on-the-job supervision beginning the first day following
the completion of Phase I and continuing for a period of at least
ten weeks. During Phase II, the alternative program teacher shall
be visited and critiqued no less than one time per week by members
of a professional support team, defined in subsection (c) of this
section, and shall be observed and formally evaluated at the end of
five weeks and at the end of ten weeks by the appropriately
certified members of the team. At the end of the ten-week period,
the alternative program teacher shall receive a formal written
progress report from the chairperson of the support team. The
alternative program teacher shall continue to receive formal instruction in those areas listed above under subdivision (1) of
this subsection.
(4)
Phase III. -- Phase III shall consist of an additional
period of continued supervision and evaluation of no less than
twenty weeks duration. The professional support team will
determine the requirements of this phase with at least one formal
evaluation being conducted at the completion of the phase. The
alternative program teacher shall continue to receive formal
instruction in those areas listed above under subdivision (1) of
this subsection, and receive opportunities to observe the teaching
of experienced colleagues.
(c) Training and supervision of alternative program teachers
shall be provided by a professional support team comprised of a
school principal, an experienced classroom teacher who satisfies
the requirements for mentor for the Beginning Educator Internship
as specified in section two-b of this article, a college or
university education faculty member and a curriculum supervisor.
Districts or schools which do not employ curriculum supervisors or
have been unable to establish a relationship with a college or
university shall provide for comparable expertise on the team. The
school principal shall serve as chairperson of the team. In
addition to other duties assigned to it under this section and
section one-b of this article, the professional support team shall
submit a written evaluation of the alternative program teacher to
the county superintendent. The written evaluation shall be in a form specified by the county superintendent and submitted on a date
specified by the county superintendent that is prior to the first
Monday of May. The evaluation shall report the progress of the
alternative program teacher toward meeting the academic and
performance requirements of the program.
(d) The training for professional support team members shall
be coordinated and provided by the Center for Professional
Development in coordination with the school district, consortium of
schools, regional educational service agency, and institution of
higher education, or any combination of these agencies as set forth
in the plan approved by the state board pursuant to subsection (e)
of this section.
(e) A school, school district, consortium of schools or
regional educational service agency seeking to employ an
alternative program teacher must submit a plan to the state board
and receive approval. Each plan shall describe how the proposed
training program will accomplish the key elements of an alternative
program for the education of teachers as set forth in this section.
Each school, school district, consortium of schools or regional
educational service agency shall show evidence in its plan of
having sought joint sponsorship of their training program with
institutions of higher education.
(f) The state board shall promulgate a rule in accordance with
article three-b, chapter twenty-nine-a of this code for the
approval and operation of alternative education programs to prepare highly qualified special education teachers that are separate from
the programs established under the other provisions of this section
and are applicable only to teachers who have at least a bachelor's
degree in a program for the preparation of teachers from
a
regionally an accredited institution of higher education. These
programs are subject to the other provisions of this section only
to the extent specifically provided for in the rule. These
programs may be an alternative to the regular college and
university programs for the education of special education teachers
and also may address the content area preparation of certified
special education teachers. The programs shall incorporate
professional development to the maximum extent possible to help
teachers who are currently certified in special education to obtain
the required content area preparation. Participation in an
alternative education program pursuant to this subsection shall not
affect any rights
,
privileges or benefits to which the participant
would otherwise be entitled as a regular employee, nor does it
alter any rights
,
privileges or benefits of participants on
continuing contract status. The state board shall report to the
Legislative Oversight Commission on Education Accountability on the
programs authorized under this subsection during the July, two
thousand five, interim meetings or as soon thereafter as practical
prior to implementation of the programs.
(g) The state board shall promulgate a rule in accordance with
article three-b, chapter twenty-nine-a of this code for the approval and operation of alternative education programs to prepare
highly qualified special education teachers that are separate from
the programs established under the other provisions of this section
and are applicable only to persons who hold a bachelor's degree
from a regionally an accredited institution of higher education.
These programs are subject to the other provisions of this section
only to the extent specifically provided for in this rule. These
programs may be an alternative to the regular college and
university programs for the education of special education teachers
and also may address the content area preparation of such persons.
The state board shall report to the Legislative Oversight
Commission on Education Accountability on the programs authorized
under this subsection during the July, two thousand five, interim
meetings or as soon thereafter as practical prior to implementation
of the programs.
(h) For the purposes of this section, "area of critical need
and shortage" means an opening in an established, existing or newly
created position which has been posted in accordance with the
provisions of section seven-a, article four of this chapter, and
for which no fully qualified applicant has been employed.
(i) The recommendation to rehire an alternative education
program teacher pursuant to section eight-a, article two of this
chapter is subject to the position being posted and no fully
qualified applicant being employed: Provided, That this provision
does not apply to teachers who hold a valid West Virginia professional teaching certificate and who are employed under a
program operated pursuant to subsection (f).
(j) When making decisions affecting the hiring of an
alternative program teacher under the provisions of this section,
a county board shall give preference to applicants who hold a valid
West Virginia professional teaching certificate.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-1. Definitions.
For the purpose of this article, salaries shall be defined as:
(a) "Basic salaries" which shall mean the salaries paid to teachers
with zero years of experience and in accordance with the
classification of certification and of training of said teachers;
and (b) "advanced salaries" which shall mean the basic salary plus
an experience increment based on the allowable years of experience
of the respective teachers in accordance with the schedule
established herein for the applicable classification of
certification and of training of said teachers.
"Classification of certification" means the class or type of
certificate issued by the state superintendent under the statutory
provisions of this chapter. "Classification of training" means the
number of collegiate or graduate hours necessary to meet the
requirements stipulated in the definitions set forth in the next
paragraph in items (2) to (11), inclusive.
The column heads of the state minimum salary schedule set
forth in section two of this article are defined as follows:
(1) "Years of experience" means the number of years the
teacher has been employed in the teaching profession, including
active work in educational positions other than the public schools,
and service in the Armed Forces of the United States if the teacher
was under contract to teach at the time of induction. For a
registered professional nurse employed by a county board, "years of
experience" means the number of years the nurse has been employed
as a public school health nurse, including active work in a nursing
position related to education, and service in the Armed Forces if
the nurse was under contract with the county board at the time of
induction. For the purpose of section two of this article, the
experience of a teacher or a nurse shall be limited to that allowed
under their training classification as found in the minimum salary
schedule.
(2) "Fourth class" means all certificates previously
identified as: (a) "Certificates secured by examination"; and (b)
"other first grade certificates".
(3) "Third class" means all certificates previously identified
as: (a) "Standard normal certificates"; and (b) "third class
temporary (sixty-four semester hours) certificates".
(4) "Second class" means all certificates previously
identified as "second class temporary certificates based upon the
required ninety-six hours of college work".
(5) "A.B." means a bachelor's degree, from an accredited
institution of higher education, which has been issued to, or for which the requirements for such have been met by, a person who
qualifies for or holds a professional certificate or its
equivalent. A registered professional nurse with a bachelor's
degree, who is licensed by the West Virginia Board of Examiners for
Registered Professional Nurses and employed by a county board,
shall be within this classification for payment in accordance with
sections two and two-a of this article.
(6) "A.B. plus 15" means a bachelor's degree as defined above
plus fifteen hours of graduate work, from an accredited institution
of higher education certified to do graduate work, in an approved
planned program at the graduate level which requirements have been
met by a person who qualifies for or holds a professional
certificate or its equivalent.
(7) "M.A." means a master's degree, earned in an institution
of higher education approved to do graduate work, which has been
issued to, or the requirements for such have been met by, a person
who qualifies for or holds a professional certificate or its
equivalent.
(8) "M.A. plus 15" means the above-defined master's degree
plus fifteen hours of graduate work, earned in an institution of
higher education approved to do graduate work, if the person is
qualified for or holds a professional certificate or its
equivalent.
(9) "M.A. plus 30" means the above-defined master's degree
plus thirty graduate hours, earned in an institution approved to do graduate work, if the person is qualified for or holds a
professional certificate or its equivalent.
(10) "Doctorate" means a doctor's degree, earned from a
university qualified and approved to confer such a degree, which
has been issued to or the requirements for such have been met by a
person who qualifies for or holds a professional certificate or its
equivalent.
For purposes of advanced salary classification, graduate work
completed after the first day of July, one thousand nine hundred
ninety-four, shall be related to the public school program, as
prescribed by the state board.
Notwithstanding the requirements set forth in subdivisions
(6), (8) and (9) of this section relating to hours of graduate work
at an institution certified to do such work, fifteen undergraduate
credit hours from a regionally an accredited institution of higher
education, earned after the effective date of this section, may be
utilized for advanced salary classification if such hours are in
accordance with: (a) The teacher's current classification of
certification and of training; (b) a designated instructional
shortage area documented by the employing county superintendent; or
(c) an identified teaching deficiency documented through the state
approved county personnel evaluation system.
Effective the first day of July, one thousand nine hundred
ninety-four, the following definition shall be applicable.
(11) "M.A. plus 45" means the above-defined master's degree plus forty-five graduate hours, earned in an institution approved
to do graduate work, if the person is qualified for or holds a
professional certificate or its equivalent.
§18A-4-4. Minimum salary schedule for teachers having specialized
training.
The State Board of Education shall establish the minimum
salary schedule for teachers where specialized training may be
required for vocational, technical and adult education, and such
other permits as may be authorized by said board.
On and after the first day of July, one thousand nine hundred
eighty-five, any vocational industrial, technical, occupational
home economics, or health occupations teacher who is required to
hold a vocational certificate and is paid a salary equivalent to
the amount prescribed for "A.B. + 15" training classification in
the state minimum salary schedule for teachers under section two of
this article shall, upon application therefor, receive advanced
salary classification and be entitled to increased compensation on
and after such date in respect to and based upon additional
semester hours, approved by the State Board of Education and
completed either prior to or subsequent to such date. All such
hours earned must be from a regionally an accredited institution of
higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester
hours shall receive an amount equal to that prescribed for the "M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 15" training classification under section two of this
article.
(3) Those who have earned forty-five such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 30" training classification under section two of this
article.
(4) Those who have earned sixty such additional semester hours
shall receive an amount equal to that prescribed for the "M.A. +
45" training classification under section two of this article.
Any such teacher who has a permanent vocational certificate
and who has earned or earns a bachelor's degree prior or subsequent
to the issuance of such certificate shall be entitled to receive
the amount prescribed for the "M.A. + 30" training classification
upon application: Provided, That any such teacher who has a
permanent vocational certificate and who has earned or earns
fifteen graduate hours prior or subsequent to the issuance of such
certificate shall be entitled to receive the amount prescribed for
the "M.A. + 45" training classification upon application therefor,
such advanced salary to take effect immediately upon qualification
therefor: Provided, however, That any vocational teacher receiving
the amount prescribed for the "M.A. + 30" training classification
under prior enactments of this section who have not been issued a permanent vocational certificate shall not have such salary reduced
as a result of this section: Provided further, That any teacher
with a vocational certificate and under contract for the school
year one thousand nine hundred eighty-five--eighty-six who has
earned a bachelor's degree prior to the end of such school year
shall be entitled to receive the amount prescribed for the "M.A. +
30" training classification, upon application therefor, for the
school year beginning on the first day of July, one thousand nine
hundred eighty-six, and thereafter.
No teacher holding a valid professional certificate shall
incur a salary reduction resulting from assignment out of the
teacher's field by the superintendent, with the approval of the
county board, under any authorization or regulation of the state
board.
§18A-4-8. Employment term and class titles of service personnel;
definitions.
(a) The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel may be no less than ten months. A month is
defined as twenty employment days: Provided, That the county board
may contract with all or part of these service personnel for a
longer term. The beginning and closing dates of the ten-month
employment term may not exceed forty-three weeks.
(b) Service personnel employed on a yearly or twelve-month
basis may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay
scale and any county supplement are applicable.
(c) Service personnel employed in the same classification for
more than the two hundred day minimum employment term shall be paid
for additional employment at a daily rate of not less than the
daily rate paid for the two hundred day minimum employment term.
(d) No service employee, without his or her agreement, may be
required to report for work more than five days per week and no
part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
(e) If an employee whose regular work week is scheduled from
Monday through Friday agrees to perform any work assignments on a
Saturday or Sunday, the employee shall be paid for at least
one-half day of work for each day he or she reports for work, and
if the employee works more than three and one-half hours on any
Saturday or Sunday, he or she shall be paid for at least a full day
of work for each day.
(f) Custodians, aides, maintenance, office and school lunch
employees required to work a daily work schedule that is
interrupted, that is, who do not work a continuous period in one
day, shall be paid additional compensation equal to at least one
eighth of their total salary as provided by their state minimum
salary and any county pay supplement, and payable entirely from
county funds: Provided, That when engaged in duties of
transporting students exclusively, aides shall not be regarded as working an interrupted schedule. Maintenance personnel are defined
as personnel who hold a classification title other than in a
custodial, aide, school lunch, office or transportation category as
provided in section one, article one of this chapter.
(g) Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
the employee's salary shall be made to comply with the requirements
of this article, and to any county salary schedule in excess of the
minimum requirements of this article, based upon the employee's
advanced classification and allowable years of employment.
(h) An employee's contract as provided in section five,
article two of this chapter shall state the appropriate monthly
salary the employee is to be paid, based on the class title as
provided in this article and any county salary schedule in excess
of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and class
titles, set forth in section eight-a of this article, are defined
as follows:
(1) "Pay grade" means the monthly salary applicable to class
titles of service personnel;
(2) "Years of employment" means the number of years which an
employee classified as service personnel has been employed by a
board in any position prior to or subsequent to the effective date
of this section and including service in the Armed Forces of the
United States, if the employee were employed at the time of his or her induction. For the purpose of section eight-a of this article,
years of employment shall be limited to the number of years shown
and allowed under the state minimum pay scale as set forth in
section eight-a of this article;**
(3) "Class title" means the name of the position or job held
by service personnel;
(4) "Accountant I" means personnel employed to maintain
payroll records and reports and perform one or more operations
relating to a phase of the total payroll;
(5) "Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting process
associated with billing, budgets, purchasing and related
operations;
(6) "Accountant III" means personnel who are employed in the
county board office to manage and supervise accounts payable and/or
payroll procedures;
(7) "Accounts payable supervisor" means personnel who are
employed in the county board office who have primary responsibility
for the accounts payable function, which may include the
supervision of other personnel, and who have either completed
twelve college hours of accounting courses from an accredited
institution of higher education or have at least eight years of
experience performing progressively difficult accounting tasks;
(8) "Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide, classroom aide or general aide;
(9) "Aide II" means those personnel referred to in the "Aide
I" classification who have completed a training program approved by
the state board, or who hold a high school diploma or have received
a general educational development certificate. Only personnel
classified in an Aide II class title may be employed as an aide in
any special education program;
(10) "Aide III" means those personnel referred to in the "Aide
I" classification who hold a high school diploma or a general
educational development certificate and have completed six semester
hours of college credit at an institution of higher education or
are employed as an aide in a special education program and have one
year's experience as an aide in special education;
(11) "Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate and who have completed eighteen
hours of state board-approved college credit at a regionally an
accredited institution of higher education, or who have completed
fifteen hours of state board-approved college credit at a
regionally an accredited institution of higher education and
successfully completed an in-service training program determined by
the state board to be the equivalent of three hours of college
credit;
(12) "Audiovisual technician" means personnel employed to
perform minor maintenance on audiovisual equipment, films, supplies and the filling of requests for equipment;
(13) "Auditor" means personnel employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
accounts;
(14) "Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined by
the state board: Provided, That if any employee has held or holds
an aide title and becomes employed as an autism mentor, the
employee shall hold a multiclassification status that includes aide
and autism mentor titles, in accordance with section eight-b of
this article;
(15) "Braille or sign language specialist" means personnel
employed to provide braille and/or sign language assistance to
students: Provided, That if any employee has held or holds an aide
title and becomes employed as a braille or sign language
specialist, the employee shall hold a multiclassification status
that includes aide and braille or sign language specialist title,
in accordance with section eight-b of this article;
(16) "Bus operator" means personnel employed to operate school
buses and other school transportation vehicles as provided by the
state board;
(17) "Buyer" means personnel employed to review and write
specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined specifications at the lowest available costs;
(18) "Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means personnel employed to direct
the operation of a food services program in a school, including
assigning duties to employees, approving requisitions for supplies
and repairs, keeping inventories, inspecting areas to maintain high
standards of sanitation, preparing financial reports and keeping
records pertinent to food services of a school;
(20) "Carpenter I" means personnel classified as a carpenter's
helper;
(21) "Carpenter II" means personnel classified as a journeyman
carpenter;
(22) "Chief mechanic" means personnel employed to be
responsible for directing activities which ensure that student
transportation or other board-owned vehicles are properly and
safely maintained;
(23) "Clerk I" means personnel employed to perform clerical
tasks;
(24) "Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate office
machines;
(25) "Computer operator" means qualified personnel employed to
operate computers;
(26) "Cook I" means personnel employed as a cook's helper;
(27) "Cook II" means personnel employed to interpret menus, to
prepare and serve meals in a food service program of a school and
shall include personnel who have been employed as a "Cook I" for a
period of four years, if the personnel have not been elevated to
this classification within that period of time;
(28) "Cook III" means personnel employed to prepare and serve
meals, make reports, prepare requisitions for supplies, order
equipment and repairs for a food service program of a school
system;
(29) "Crew leader" means personnel employed to organize the
work for a crew of maintenance employees to carry out assigned
projects;
(30) "Custodian I" means personnel employed to keep buildings
clean and free of refuse;
(31) "Custodian II" means personnel employed as a watchman or
groundsman;
(32) "Custodian III" means personnel employed to keep
buildings clean and free of refuse, to operate the heating or
cooling systems and to make minor repairs;
(33) "Custodian IV" means personnel employed as head
custodians. In addition to providing services as defined in
"custodian III," their duties may include supervising other
custodian personnel;
(34) "Director or coordinator of services" means personnel who
are assigned to direct a department or division. Nothing in this subdivision may prohibit professional personnel or professional
educators as defined in section one, article one of this chapter,
from holding this class title, but professional personnel may not
be defined or classified as service personnel unless the
professional personnel held a service personnel title under this
section prior to holding class title of "director or coordinator of
services." Directors or coordinators of service positions shall be
classified as either a professional personnel or service personnel
position for state aid formula funding purposes and funding for
directors or coordinators of service positions shall be based upon
the employment status of the director or coordinator either as a
professional personnel or service personnel;
(35) "Draftsman" means personnel employed to plan, design and
produce detailed architectural/engineering drawings;
(36) "Electrician I" means personnel employed as an apprentice
electrician helper or who holds an electrician helper license
issued by the state fire marshal;
(37) "Electrician II" means personnel employed as an
electrician journeyman or who holds a journeyman electrician
license issued by the state fire marshal;
(38) "Electronic technician I" means personnel employed at the
apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means personnel employed at
the journeyman level to repair and maintain electronic equipment;
(40) "Executive secretary" means personnel employed as the county school superintendent's secretary or as a secretary who is
assigned to a position characterized by significant administrative
duties;
(41) "Food services supervisor" means qualified personnel not
defined as professional personnel or professional educators in
section one, article one of this chapter, employed to manage and
supervise a county school system's food service program. The
duties would include preparing in-service training programs for
cooks and food service employees, instructing personnel in the
areas of quantity cooking with economy and efficiency and keeping
aggregate records and reports;
(42) "Foremen" means skilled persons employed for supervision
of personnel who work in the areas of repair and maintenance of
school property and equipment;
(43) "General maintenance" means personnel employed as helpers
to skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system;
(44) "Glazier" means personnel employed to replace glass or
other materials in windows and doors and to do minor carpentry
tasks;
(45) "Graphic artist" means personnel employed to prepare
graphic illustrations;
(46) "Groundsmen" means personnel employed to perform duties
that relate to the appearance, repair and general care of school
grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning
duties in buildings;
(47) "Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system;
(48) "Heating and air conditioning mechanic I" means personnel
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment;
(49) "Heating and air conditioning mechanic II" means
personnel employed at the journeyman level to install, repair and
maintain heating and air conditioning plants and related electrical
equipment;
(50) "Heavy equipment operator" means personnel employed to
operate heavy equipment;
(51) "Inventory supervisor" means personnel who are employed
to supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies;
(52) "Key punch operator" means qualified personnel employed
to operate key punch machines or verifying machines;
(53) "Locksmith" means personnel employed to repair and
maintain locks and safes;
(54) "Lubrication man" means personnel employed to lubricate
and service gasoline or diesel-powered equipment of a county school
system;
(55) "Machinist" means personnel employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper,
threading machine and wheel press. These personnel should also
have, the ability to work from blueprints and drawings;
(56) "Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail;
(57) "Maintenance clerk" means personnel employed to maintain
and control a stocking facility to keep adequate tools and supplies
on hand for daily withdrawal for all school maintenance crafts;
(58) "Mason" means personnel employed to perform tasks
connected with brick and block laying and carpentry tasks related
to such laying;
(59) "Mechanic" means personnel employed who can independently
perform skilled duties in the maintenance and repair of
automobiles, school buses and other mechanical and mobile equipment
to use in a county school system;
(60) "Mechanic assistant" means personnel employed as a
mechanic apprentice and helper;
(61) "Multiclassification" means personnel employed to perform
tasks that involve the combination of two or more class titles in
this section. In these instances the minimum salary scale shall be
the higher pay grade of the class titles involved;
(62) "Office equipment repairman I" means personnel employed
as an office equipment repairman apprentice or helper;
(63) "Office equipment repairman II" means personnel responsible for servicing and repairing all office machines and
equipment. Personnel are responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair;
(64) "Painter" means personnel employed to perform duties of
painting, finishing and decorating of wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system;
(65) "Paraprofessional" means a person certified pursuant to
section two-a, article three of this chapter to perform duties in
a support capacity including, but not limited to, facilitating in
the instruction and direct or indirect supervision of pupils under
the direction of a principal, a teacher or another designated
professional educator: Provided, That no person employed on the
effective date of this section in the position of an aide may be
reduced in force or transferred to create a vacancy for the
employment of a paraprofessional: Provided, however, That if any
employee has held or holds an aide title and becomes employed as a
paraprofessional, the employee shall hold a multiclassification
status that includes aide and paraprofessional titles in accordance
with section eight-b of this article: Provided further, That once
an employee who holds an aide title becomes certified as a
paraprofessional and is required to perform duties that may not be
performed by an aide without paraprofessional certification, he or
she shall receive the paraprofessional title pay grade;
(66) "Payroll supervisor" means personnel who are employed in
the county board office who have primary responsibility for the
payroll function, which may include the supervision of other
personnel, and who have either completed twelve college hours of
accounting from an accredited institution of higher education or
have at least eight years of experience performing progressively
difficult accounting tasks;
(67) "Plumber I" means personnel employed as an apprentice
plumber and helper;
(68) "Plumber II" means personnel employed as a journeyman
plumber;
(69) "Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple,
bind and shelve materials;
(70) "Printing supervisor" means personnel employed to
supervise the operation of a print shop;
(71) "Programmer" means personnel employed to design and
prepare programs for computer operation;
(72) "Roofing/sheet metal mechanic" means personnel employed
to install, repair, fabricate and maintain roofs, gutters, flashing
and duct work for heating and ventilation;
(73) "Sanitation plant operator" means personnel employed to
operate and maintain a water or sewage treatment plant to ensure
the safety of the plant's effluent for human consumption or
environmental protection;
(74) "School bus supervisor" means qualified personnel
employed to assist in selecting school bus operators and routing
and scheduling of school buses, operate a bus when needed, relay
instructions to bus operators, plan emergency routing of buses and
promoting good relationships with parents, pupils, bus operators
and other employees;
(75) "Secretary I" means personnel employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines;
(76) "Secretary II" means personnel employed in any
elementary, secondary, kindergarten, nursery, special education,
vocational or any other school as a secretary. The duties may
include performing general clerical tasks, transcribing from notes
or stenotype or mechanical equipment or a sound-producing machine,
preparing reports, receiving callers and referring them to proper
persons, operating office machines, keeping records and handling
routine correspondence. There is nothing implied in this
subdivision that would prevent the employees from holding or being
elevated to a higher classification;
(77) "Secretary III" means personnel assigned to the county
board office administrators in charge of various instructional,
maintenance, transportation, food services, operations and health
departments, federal programs or departments with particular
responsibilities of purchasing and financial control or any
personnel who have served in a position which meets the definition of "secretary II" or "secretary III" in this section for eight
years;
(78) "Supervisor of maintenance" means skilled personnel not
defined as professional personnel or professional educators as in
section one, article one of this chapter. The responsibilities
would include directing the upkeep of buildings and shops, issuing
instructions to subordinates relating to cleaning, repairs and
maintenance of all structures and mechanical and electrical
equipment of a board;
(79) "Supervisor of transportation" means qualified personnel
employed to direct school transportation activities, properly and
safely, and to supervise the maintenance and repair of vehicles,
buses and other mechanical and mobile equipment used by the county
school system;
(80) "Switchboard operator-receptionist" means personnel
employed to refer incoming calls, to assume contact with the
public, to direct and to give instructions as necessary, to operate
switchboard equipment and to provide clerical assistance;
(81) "Truck driver" means personnel employed to operate light
or heavy duty gasoline and diesel-powered vehicles;
(82) "Warehouse clerk" means personnel employed to be
responsible for receiving, storing, packing and shipping goods;
(83) "Watchman" means personnel employed to protect school
property against damage or theft. Additional assignments may
include operation of a small heating plant and routine cleaning duties;
(84) "Welder" means personnel employed to provide acetylene or
electric welding services for a school system; and
(85) "WVEIS data entry and administrative clerk" means
personnel employed to work under the direction of a school
principal to assist the school counselor or counselors in the
performance of administrative duties, to perform data entry tasks
on the West Virginia education information system, and to perform
other administrative duties assigned by the principal.
(j) In addition to the compensation provided for in section
eight-a of this article, for service personnel, each service
employee is, notwithstanding any provisions in this code to the
contrary, entitled to all service personnel employee rights,
privileges and benefits provided under this or any other chapter of
this code without regard to the employee's hours of employment or
the methods or sources of compensation.
(k) Service personnel whose years of employment exceed the
number of years shown and provided for under the state minimum pay
scale set forth in section eight-a of this article may not be paid
less than the amount shown for the maximum years of employment
shown and provided for in the classification in which he or she is
employed.
(l) The county boards shall review each service personnel
employee job classification annually and shall reclassify all
service employees as required by the job classifications. The State Superintendent of Schools may withhold state funds
appropriated pursuant to this article for salaries for service
personnel who are improperly classified by the county boards.
Further, the state superintendent shall order county boards to
correct immediately any improper classification matter and with the
assistance of the attorney general shall take any legal action
necessary against any county board to enforce the order.
(m) No service employee, without his or her written consent,
may be reclassified by class title, nor may a service employee,
without his or her written consent, be relegated to any condition
of employment which would result in a reduction of his or her
salary, rate of pay, compensation or benefits earned during the
current fiscal year or which would result in a reduction of his or
her salary, rate of pay, compensation or benefits for which he or
she would qualify by continuing in the same job position and
classification held during that fiscal year and subsequent years.
(n) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and is liable to any
party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court.
(o) Notwithstanding any provisions in this code to the
contrary, service personnel who hold a continuing contract in a
specific job classification and who are physically unable to
perform the job's duties as confirmed by a physician chosen by the employee shall be given priority status over any employee not
holding a continuing contract in filling other service personnel
job vacancies if qualified as provided in section eight-e of this
article.
CHAPTER 18B. HIGHER EDUCATION.
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
develop, establish and implement policy that will achieve the goals
and objectives found in section one-a, article one of this chapter.
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 of Marshall
University and West Virginia University, respectively. To that
end, the Commission has the following powers and duties relating to
the institutions under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda
pursuant to section one, article one-a of this chapter to address
major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of
this chapter and including specifically those goals and objectives pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section nine of this article for the purpose of
accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation jointly
with the Council of a financing policy for higher education in West
Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the West Virginia Council for Community and
Technical College Education pursuant to the provisions of section
six, article two-b of this chapter;
(3) In collaboration with the Council, create a policy
leadership structure capable of the following actions:
(A) Developing, building public consensus around and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the Commission and Council shall seek input from the Legislature and the Governor and specifically from the
State Board of Education and local school districts in order to
create the necessary linkages to assure smooth, effective and
seamless movement of students through the public education and
post-secondary education systems and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education systems as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Serve as the accountability point to:
(A) The Governor for implementation of 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;
(7) Jointly with the Council, promulgate legislative rules
pursuant to article three-a, chapter twenty-nine-a of this code to
fulfill the purposes of section five, article one-a of this chapter;
(8) Establish and implement a peer group for each institution
as described in section three, article one-a of this chapter;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions pursuant to
section two, article one-a of this chapter;
(10) Annually report to the Legislature and to the Legislative
Oversight Commission on Education Accountability during the January
interim meetings on a date and at a time and location to be
determined by the President of the Senate and the Speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of its system of higher education during
the previous fiscal year, including, but not limited to, progress
in meeting goals stated in the compacts and progress of the
institutions and the higher education system as a whole in meeting
the goals and objectives set forth in section one-a, article one of
this chapter;
(B) An analysis of enrollment data collected pursuant to
section one, article ten of this chapter and recommendations for
any changes necessary to assure access to high-quality, high-demand
education programs for West Virginia residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (11) of this subsection and the justification for such priority;
(D) Recommendations of the Commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(11) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments for consideration by the Governor and the Legislature
as part of the appropriation request process. It is the
responsibility of the Commission to assure a fair distribution of
funds for capital projects between the Commission and the Council.
To that end the Commission shall take the following steps:
(A) Receive the list of priorities developed by the Council
for capital investment for the institutions under the Council's
jurisdiction pursuant to subsection (b), section six, article two-b
of this chapter;
(B) Place the ranked list of projects on the agenda for action
within sixty days of the date on which the list was received;
(C) Select a minimum of three projects from the list submitted
by the Council to be included on the ranked list established by the
Commission. At least one of the three projects selected must come
from the top two priorities established by the Council.
(12) Maintain guidelines for institutions to follow concerning
extensive capital project management except the governing boards of
Marshall University and West Virginia University are not subject to
the provisions of this subdivision as it relates to the state institutions of higher education known as Marshall University and
West Virginia University. The guidelines shall provide a process
for developing capital projects, including, but not limited to, the
notification by an institution to the Commission of any proposed
capital project which has the potential to exceed one million
dollars in cost. Such a project may not be pursued by an
institution without the approval of the Commission. An institution
may not participate directly or indirectly with any public or
private entity in any capital project which has the potential to
exceed one million dollars in cost;
(13) Acquire legal services as are considered necessary,
including representation of the Commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the Commission may, but is not
required to, call upon the Attorney General for legal assistance
and representation as provided by law;
(14) Employ a Chancellor for Higher Education pursuant to
section five of this article;
(15) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the Commission and the
Council, in accordance with the provisions of article four of this
chapter;
(16) Provide suitable offices in Charleston for the chancellor, vice chancellors and other staff;
(17) Advise and consent in the appointment of the presidents
of the institutions of higher education under its jurisdiction
pursuant to section six of this article. The role of the
Commission in approving an institutional president is to assure
through personal interview that the person selected understands and
is committed to achieving the goals and objectives as set forth in
the institutional compact and in section one-a, article one of this
chapter;
(18) Approve the total compensation package from all sources
for presidents of institutions under its jurisdiction, as proposed
by the governing boards. The governing boards must obtain approval
from the Commission of the total compensation package both when
institutional presidents are employed initially and afterward when
any change is made in the amount of the total compensation package;
(19) Establish and 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;
(20) 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 throughout the
public higher education system. 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;
(21) Review and approve or disapprove capital projects as
described in subdivision (11) of this subsection;
(22) Jointly with the Council, develop and implement an
oversight plan to manage systemwide technology such as the
following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to nontraditional
students, to provide services to business and industry and increase
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 state institutions of
higher educations are not subject to the jurisdiction of the Chief
Technology Officer for any purpose.
(23) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to incur additional costs as is consistent with sound academic policy;
(24) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any
regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(25) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
master's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(26) Establish and implement policies and programs, in
cooperation with the Council and the institutions of higher
education, through which students who have gained knowledge and
skills through employment, participation in education and training
at vocational schools or other education institutions, or
internet-based education programs, may demonstrate by
competency-based assessment that they have the necessary knowledge
and skills to be granted academic credit or advanced placement
standing toward the requirements of an associate degree or a
bachelor's degree at a state institution of higher education;
(27) Seek out and attend regional, national and international
meetings and forums on education and workforce development-related topics, as in the Commission's discretion is critical for the
performance of their duties as members, for the purpose of keeping
abreast of education trends and policies to aid it in developing
the policies for this state to meet the established education goals
and objectives pursuant to section one-a, article one of this
chapter;
(28) Develop, establish and implement a rule for higher
education governing boards and institutions to follow when
considering capital projects. The guidelines shall assure that the
governing boards and institutions do not approve or promote capital
projects involving private sector businesses which would have the
effect of reducing property taxes on existing properties or
avoiding, in whole or in part, the full amount of taxes which would
be due on newly developed or future properties;
(29) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government a budget
that reflects recommended appropriations from the Commission and
the institutions under its jurisdiction. The Commission shall
submit as part of its budget proposal the separate recommended
appropriations it received from the Council, both for the Council
and the institutions under the Council's jurisdiction. The
Commission annually shall submit the proposed institutional
allocations based on each institution's progress toward meeting the
goals of its institutional compact;
(30) The Commission has the authority to assess institutions under its jurisdiction, including the state institutions of higher
education known as Marshall University and West Virginia
University, for the payment of expenses of the Commission or for
the funding of statewide higher education services, obligations or
initiatives related to the goals set forth for the provision of
public higher education in the state;
(31) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(32) Make appointments to boards and commissions where this
code requires appointments from the State College System Board of
Directors or the University of West Virginia System Board of
Trustees which were abolished effective the thirtieth day of June,
two thousand, except in those cases where the required appointment
has a specific and direct connection to the provision of community
and technical college education, the appointment shall be made by
the Council. Notwithstanding any provisions of this code to the
contrary, the Commission or the Council may appoint one of its own
members or any other citizen of the state as its designee. The
Commission and Council shall appoint the total number of persons in
the aggregate required to be appointed by these previous governing
boards;
(33) Pursuant to the provisions of article three-a, chapter twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The Commission and the Council shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
(34) Determine when a joint rule among the governing boards of
the institutions under its jurisdiction is necessary or required by
law and, in those instances, in consultation with the governing
boards of all the institutions under its jurisdiction, promulgate
the joint rule;
(35) In consultation with the Governing Boards of Marshall
University and West Virginia University, implement a policy 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;
(36) Promulgate a joint rule with the Council establishing
tuition and fee policy for all institutions of higher education,
other than state institutions of higher education known as Marshall
University and West Virginia University which are subject to the
provisions of section one, article ten of this chapter. The rule
shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the Commission and Council consider
appropriate; and
(37) 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 institutions that provide medical care
to students to provide access to the vaccine for those who wish to
receive it.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the Commission has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission
definitions including use of incentive funds to influence
institutional behavior in ways that are consistent with public priorities;
(4) Academic program review and approval for institutions
under its jurisdiction, including the use of institutional missions
as a template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes. The
Commission's authority to review and approve academic programs for
either the state institution of higher education known as Marshall
University or West Virginia University is limited to programs that
are proposed to be offered at a new location not presently served
by that institution;
(5) Distribution of funds appropriated to the Commission,
including incentive and performance-based funding;
(6) Administration of state and federal student aid programs
under the supervision of the vice chancellor for administration,
including promulgation of any rules necessary to administer those
programs;
(7) 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;
(8) Development, establishment and implementation of
information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Jointly with the Council, developing, establishing and implementing policies 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 pursuant to the findings and policy recommendations required
by section eleven of this article;
(10) Development, implementation and oversight of statewide
and region-wide 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 funding from any source; and
(11) Quality assurance that intersects with all other duties
of the Commission particularly in the areas of research, data
collection and analysis, planning, policy analysis, program review
and approval, budgeting and information and accountability systems.
(c) In addition to the powers and duties provided in
subsections (a) and (b) of this section and any other powers and
duties as may be assigned to it by law, the Commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The Commission is authorized to withdraw specific powers
of any governing board of an institution under its jurisdiction for
a period not to exceed two years, if the Commission makes a
determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of this chapter;
(2) The Commission has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the Commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
The period of withdrawal of specific powers may not exceed two
years during which time the Commission is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
18B-2B-6. Powers and duties of the council.
(a) The council is the sole agency responsible for
administration of vocational-technical-occupational education and
community and technical college education in the state. The
council has jurisdiction and authority over the community and
technical colleges and the system of community and technical
college education as a whole, including community and technical
college education programs as defined in section two, article one
of this chapter.
(b) As relates to the authority established in subsection (a)
of this section, the council has the following powers and duties:
(1) Develop, oversee and advance the public policy agenda as
it relates to community and technical college education to address
major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of
this chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section nine of this article for the purpose of
accomplishing the mandates of this section;
(2) Jointly with the commission, develop, oversee and advance
the implementation of a financing policy for higher education in
West Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
(D) Establish for incorporation into the financing policy for
higher education in West Virginia a plan for strategic funding to
strengthen capacity for support of community and technical college
education;
(3) Create a policy leadership structure relating to community and technical college education capable of the following actions:
(A) Developing, building public consensus around and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the council shall seek input from the
Legislature and the governor and specifically from the State Board
of Education and local school districts in order to create the
necessary linkages to assure smooth, effective and seamless
movement of students through the public education and
post-secondary education systems and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the governing boards of the institutions
under the council's jurisdiction carry out their duty effectively
to govern the individual institutions of higher education; and
(C) Holding the community and technical college institutions
and the community and technical college system as a whole
accountable for accomplishing their missions and implementing the
provisions of the compacts;
(4) To develop for inclusion in the statewide public agenda,
a plan for raising education attainment, increasing adult literacy,
promoting workforce and economic development and ensuring access to
advanced education for the citizens of West Virginia;
(5) To provide statewide leadership, coordination, support,
and technical assistance to the community and technical colleges
and to provide a focal point for visible and effective advocacy for their work and for the public policy agenda approved by the
commission and council. For the institutions under their
jurisdiction, this responsibility includes, but is not limited to:
(A) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(B) Holding the institutions and the system as a whole
accountable for accomplishing their missions and implementing the
provisions of the compacts;
(6) To review and adopt annually all institutional compacts
for the community and technical colleges pursuant to the provisions
of section two, article one-a of this chapter;
(7) Serve as the accountability point to:
(A) The governor for implementation by the community and
technical colleges of their role in advancing 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;
(8) Jointly with the commission, promulgate a legislative rule
pursuant to article three-a, chapter twenty-nine-a of this code to
fulfill the purposes of section five, article one-a of this
chapter;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards state policy priorities and institutional missions;
(10) Review the progress of community and technical colleges
in every region of West Virginia. The review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
(11) Annually report to the Legislature and to the legislative
oversight commission on education accountability during the January
interim meetings on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of the community and technical college
system during the previous fiscal year, including, but not limited
to, progress in meeting goals stated in the compacts and progress
of the institutions and the system as a whole in meeting the goals
and objectives set forth in section one-a, article one of this
chapter;
(B) The priorities established for capital investment needs
pursuant to subdivision (12) of this subsection and the
justification for such priority;
(C) Recommendations of the council for statutory changes
necessary to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments. When the needs have been determined, the council
shall take the following steps:
(A) Develop a ranked list of the top ten projects for capital
investment for the institutions under its jurisdiction;
(B) Convey the ranked list to the commission for its
consideration pursuant to section four, article one-b of this
chapter;
(13) Draw upon the expertise available within the governor's
workforce investment office and the West Virginia development
office as a resource in the area of workforce development and
training;
(14) Acquire legal services as are considered necessary,
including representation of the council, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the council may, but is not
required to, call upon the attorney general for legal assistance
and representation as provided by law;
(15) Employ a chancellor for community and technical college
education pursuant to section three of this article;
(16) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the council consistent with the provisions of section two, article four of this chapter;
(17) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the council who are employed
solely by the council;
(18) Provide suitable offices in Charleston for the chancellor
and other staff;
(19) Approve the total compensation package from all sources
for presidents of community and technical colleges, as proposed by
the governing boards. The governing boards must obtain approval
from the council of the total compensation package both when
presidents are employed initially and subsequently when any change
is made in the amount of the total compensation package;
(20) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any
regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(21) Establish and implement policies and programs, jointly
with the community and technical colleges, through which students
who have gained knowledge and skills through employment,
participation in education and training at vocational schools or
other education institutions, or internet-based education programs,
may demonstrate by competency-based assessment that they have the
necessary knowledge and skills to be granted academic credit or advanced placement standing toward the requirements of an associate
degree or a bachelor's degree at a state institution of higher
education;
(22) Seek out and attend regional and national meetings and
forums on education and workforce development-related topics, as in
the council's discretion is critical for the performance of their
duties as members for the purpose of keeping abreast of community
and technical college education trends and policies to aid it in
developing the policies for this state to meet the established
education goals and objectives pursuant to section one-a, article
one of this chapter;
(23) Assess community and technical colleges for the payment
of expenses of the council or for the funding of statewide
services, obligations or initiatives related specifically to the
provision of community and technical college education;
(24) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to community
and technical colleges for qualifying noncapital expenditures
incurred in the provision of services to students with physical,
learning or severe sensory disabilities;
(25) Assume the prior authority of the commission in examining
and approving tuition and fee increase proposals submitted by
community and technical college governing boards as provided in
section one, article ten of this chapter.
(26) Consider and submit to the commission, a single budget for community and technical college education that reflects
recommended appropriations for community and technical colleges and
that:
(A) Considers the progress of each institution toward meeting
the essential conditions set forth in section three, article
three-c of this chapter, including independent accreditation; and
(B) Considers the progress of each institution toward meeting
the goals established in its institutional compact;
(27) Administer and distribute the independently accredited
community and technical college development account;
(28) Establish a plan of strategic funding to strengthen
capacity for support of community and technical college education
in all areas of the state;
(29) Foster coordination among all state-level, regional and
local entities providing post-secondary vocational education or
workforce development and coordinate all public institutions and
entities that have a community and technical college mission;
(30) Assume the principal responsibility for overseeing the
implementation of the step-by-step process for achieving
independent accreditation and for meeting the essential conditions
pursuant to article three-c of this chapter;
(31) Advise and consent in the appointment of the presidents
of the community and technical colleges pursuant to section six,
article one-b of this chapter. The role of the council in
approving a president is to assure through personal interview that the person selected understands and is committed to achieving the
goals and objectives as set forth in the institutional compact and
in section one-a, article one of this chapter;
(32) Provide a single, statewide link for current and
prospective employers whose needs extend beyond one locality;
(33) Provide a mechanism that serves two or more institutions
to facilitate joint problem-solving in areas including, but not
limited to:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across
the state;
(C) Providing one-stop service for workforce training to be
delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and
collaborative ventures;
(34) Provide support and technical assistance to develop,
coordinate, and deliver effective and efficient community and
technical college education programs and services in the state;
(35) Assist the community and technical colleges in
establishing and promoting links with business, industry and labor
in the geographic areas for which each of the community and
technical colleges is responsible;
(36) Develop alliances among the community and technical
colleges for resource sharing, joint development of courses and
courseware, and sharing of expertise and staff development;
(37) Serve aggressively as an advocate for development of a
seamless curriculum;
(38) Cooperate with the governor's P-20 council of West
Virginia to remove barriers relating to transfer and articulation
between and among community and technical colleges, state colleges
and universities and public education, preschool through grade
twelve;
(39) Encourage the most efficient utilization of available
resources;
(40) Coordinate with the commission in informing public school
students, their parents and teachers of the academic preparation
that students need in order to be prepared adequately to succeed in
their selected fields of study and career plans, including
presentation of academic career fairs;
(41) Jointly with the commission, approve and implement a
uniform standard, as developed by the chancellors, to determine
which students shall be placed in remedial or developmental
courses. The standard shall be aligned with college admission
tests and assessment tools used in West Virginia and shall be
applied uniformly by the governing boards throughout the public
higher education system. The chancellors shall develop a clear,
concise explanation of the standard which the governing boards
shall communicate to the State Board of Education and the State
Superintendent of Schools;
(42) Develop and implement strategies and curriculum for providing developmental education which shall be applied by any
state institution of higher education providing developmental
education.
(43) Develop a statewide system of community and technical
college programs and services in every region of West Virginia for
competency-based certification of knowledge and skills, including
a statewide competency-based associate degree program;
(44) Review and approve all institutional master plans for the
community and technical colleges;
(45) Establish policies or rules for promulgation that are
necessary or expedient for the effective and efficient performance
of community and technical colleges in the state;
(46) In its sole discretion, transfer any rule under its
jurisdiction, other than a legislative rule, to the jurisdiction of
the governing boards who may rescind, revise, alter or amend any
rule so transferred pursuant to rules adopted by the council;
(47) Establish benchmarks and performance indicators for
community and technical colleges to measure institutional progress
toward meeting the goals as outlined in section one-a, article one
of this chapter and in meeting the essential conditions established
in article three-c of this chapter;
(48) Develop for inclusion in the higher education report
card, as defined in section eight, article one-b of this chapter,
a separate section on community and technical colleges. This
section shall include, but is not limited to, evaluation of the institutions based upon the benchmarks and indicators developed in
subdivision (47) of this subsection;
(49) Facilitate continuation of the advantage valley community
college network under the leadership and direction of Marshall
community and technical college;
(50) Initiate and facilitate creation of other regional
networks of affiliated community and technical colleges that the
council finds to be appropriate and in the best interests of the
citizens to be served;
(51) Develop with the State Board of Education state plans for
secondary and post-secondary vocational-technical-occupational and
adult basic education, including, but not limited to:
(A) Policies to strengthen vocational-technical-occupational
and adult basic education; and
(B) Programs and methods to assist in the improvement,
modernization and expanded delivery of vocational-technical-
occupational and adult basic education programs;
(52) Distribute federal vocational education funding provided
under the Carl D. Perkins Vocational and Technical Education Act of
1998, PL 105-332, with an emphasis on distributing financial
assistance among secondary and post-secondary vocational-
technical-occupational and adult basic education programs to help
meet the public policy agenda.
In distributing funds the council shall use the following
guidelines:
(A) The board of education shall continue to be the fiscal
agent for federal vocational education funding;
(B) The percentage split between the board of education and
the council shall be determined by rule promulgated by the council
under the provisions of article three-a, chapter twenty-nine-a of
this code. The council shall first obtain the approval of the
board of education before proposing a rule;
(53) Collaborate, cooperate and interact with all secondary
and post-secondary vocational-technical-occupational and adult
basic education programs in the state, including the programs
assisted under the federal Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, and the Workforce Investment Act
of 1998, to promote the development of seamless curriculum and the
elimination of duplicative programs;
(54) Coordinate the delivery of vocational-technical-
occupational and adult basic education in a manner designed to make
the most effective use of available public funds to increase
accessibility for students;
(55) Analyze and report to the West Virginia Board of
Education on the distribution of spending for vocational-technical-
occupational and adult basic education in the state and on the
availability of vocational-technical-occupational and adult basic
education activities and services within the state;
(56) Promote the delivery of vocational-technical-occupational
education, adult basic education and community and technical college education programs in the state which emphasize the
involvement of business, industry and labor organizations;
(57) Promote public participation in the provision of
vocational-technical-occupational education, adult basic education
and community and technical education at the local level,
emphasizing programs which involve the participation of local
employers and labor organizations;
(58) Promote equal access to quality vocational-
technical-occupational education, adult basic education and
community and technical college education programs to handicapped
and disadvantaged individuals, adults in need of training and
retraining, single parents, homemakers, participants in programs
designed to eliminate sexual bias and stereotyping and criminal
offenders serving in correctional institutions;
(59) Meet annually between the months of October and December
with the advisory committee of community and technical college
presidents created pursuant to section eight of this article to
discuss those matters relating to community and technical college
education in which advisory committee members or the council may
have an interest;
(60) Accept and expend any gift, grant, contribution, bequest,
endowment or other money for the purposes of this article;
(61) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the State
College System Board of Directors pursuant to that section and transferred to the commission are hereby transferred to the council
and shall continue in effect until rescinded, revised, altered or
amended by the council;
(62) Pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The council and commission shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
(63) Determine when a joint rule among the governing boards of
the community and technical colleges is necessary or required by
law and, in those instances and in consultation with the governing
boards, promulgate the joint rule;
(64) Promulgate a joint rule with the commission establishing
tuition and fee policy for all institutions of higher education.
The rule shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the commission and council consider
appropriate;
(65) In cooperation with the West Virginia division of
highways, study a method for increasing the signage signifying community and technical college locations along the state
interstate highways, and report to the legislative oversight
commission on education accountability regarding any
recommendations and required costs; and
(66) Implement a policy jointly with the commission whereby
any 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.
(c) In addition to the powers and duties listed in subsections
(a) and (b) of this section, the council has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda for
community and technical colleges:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda for the delivery
of community and technical college education and in serving as an
agent of change;
(2) Policy analysis and research focused on issues affecting
the community and technical college system as a whole or a
geographical region thereof;
(3) Development and implementation of each community and
technical college mission definition including use of incentive
funds to influence institutional behavior in ways that are
consistent with public priorities;
(4) Academic program review and approval for the institutions
under its jurisdiction, including the use of institutional missions
as a template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes;
(5) Development of budget and allocation of resources for
institutions delivering community and technical college education,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
(6) Acting as the agent to receive and disburse public funds
related to community and technical college education when a
governmental entity requires designation of a statewide higher
education agency for this purpose;
(7) Development, establishment and implementation of
information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators for community and technical colleges;
(8) Jointly with the commission, development, establishment
and implementation of policies for licensing and oversight of both
public and private degree-granting and nondegree-granting
institutions that provide post-secondary education courses or
programs pursuant to the findings and policy recommendations to be
determined as set forth in section eleven, article one-b of this
chapter;
(9) Development, implementation and oversight of statewide and
regionwide projects and initiatives related specifically to
providing community and technical college education such as those
using funds from federal categorical programs or those using
incentive and performance-based funding from any source; and
(10) Quality assurance that intersects with all other duties
of the council particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information
and accountability systems.
(d) The council is authorized to withdraw specific powers of
a governing board under its jurisdiction for a period not to exceed
two years if the council makes a determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The council has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the council,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
The period of withdrawal of specific powers may not exceed two
years during which time the council is authorized to take steps
necessary to reestablish the conditions for restoration of sound, stable and responsible institutional governance.
(e) In addition to the powers and duties provided
for in
subsections (a) and (b), (c) and (d) of this section and any other
powers and duties as may be assigned to it by law, the council has:
(1) Such other powers and duties as may be necessary or
expedient to accomplish the purposes of this article; and
(2) All powers, duties and responsibilities directly related
to community and technical colleges and community and technical
college education that were vested in the commission prior to the
effective date of this section.
(f) When the council and commission, each, is required to
consent, cooperate, collaborate or provide input into the actions
of the other:
(1) The body acting first shall convey its decision in the
matter to the other body with a request for concurrence in the
action;
(2) The commission or the council, as the receiving body,
shall place the proposal on its agenda and shall take final action
within sixty days of the date when the request for concurrence is
received; and
(3) If the receiving body fails to take final action within
sixty days, the original proposal stands and is binding on both the
commission and the council.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 6. WEST VIRGINIA ENGINEERING, SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
§18C-6-2. Definitions.
When used in this article the following terms have the
following meanings, unless the context clearly indicates a
different meaning:
(a) "ABET" means the accrediting board for engineering and
technology.
(b) "ABET approved engineering major" means a major approved
by ABET's engineering accreditation commission.
(c) "ABET approved technology major" means a major approved
by ABET's technology accreditation commission.
(d) "Eligible institution of higher education" means:
(1) A state institution of higher education as defined in
section two, article one, chapter eighteen-b of this code; and
(2) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, the College of West Virginia, Davis and Elkins
College, Ohio Valley College, Salem-Teikyo College, the University
of Charleston, West Virginia Wesleyan College and Wheeling Jesuit
College, all in West Virginia, and any other institution of higher
education in this state, public or private, approved by the senior
administrator:
Provided, That if any institution listed in this
paragraph is not
regionally accredited, it shall not be included as
an eligible institution;
(e) "Engineering, science and technology-related field" means
any position for which the employer provides a written statement that engineering, science or technology skill, knowledge and
ability, as evidenced by the attainment of a certificate, associate
or baccalaureate degree in engineering, science or technology, are
preferred or required or where an industry-based certification
requirement exists.
(f) "Industry-based certification" means any special
certification required, necessary or deemed preferred for
employment in the field.
(g) "Science" means a major in biology, chemistry, computer
science, physics or mathematics at an eligible institution of
higher education or any other major as approved by the higher
education governing boards by rule.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
18C-7-3. Definitions.
(a) "Eligible institution" means:
(1) A state institution of higher education as is defined in
section two, article one, chapter eighteen-b of this code;
(2) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, the College of West Virginia, Davis and Elkins
College, Ohio Valley College, Salem International University, the
University of Charleston, West Virginia Wesleyan College and
Wheeling Jesuit University, all in West Virginia:
Provided, That if any institution listed in this subdivision is not
regionally
accredited, it shall not be included as an eligible institution; or
(3) Any other
regionally accredited institution in this state,
public or private, approved by the board.
(b) "Board" means the West Virginia PROMISE Scholarship Board
of Control of the West Virginia Promise Scholarship Program as
provided
for in section four of this article.
(c) "Tuition" means the quarter, semester or term charges
imposed by a state institution of higher education and all
mandatory fees required as a condition of enrollment by all
students.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.
§30-32-17. Disciplinary actions.
(a) The board may impose any of the following disciplinary
actions in those instances in which an applicant for a license or
a licensee has been guilty of conduct which has endangered, or is
likely to endanger the health, welfare or safety of the public:
(1) Refuse to issue or renew a license;
(2) Issue a letter of reprimand or concern;
(3) Require restitution of fees;
(4) Impose probationary conditions;
(5) Impose a civil penalty not to exceed five hundred dollars;
or
(6) Suspend or revoke a license.
(b) The board may take disciplinary actions for conduct that
may result from but not necessarily be limited to:
(1) Fraudulently or deceptively obtaining or attempting to
obtain a license or a provisional license for the applicant,
licensee, holder or for another;
(2) Fraudulently or deceptively using a license or provisional
license;
(3) Altering a license or provisional license;
(4) Aiding or abetting unlicensed practice; and
(5) Committing fraud or deceit in the practice of
speech-language pathology or audiology, including, but not limited
to:
(i) Willfully making or filing a false report or record in the
practice of speech-language pathology or audiology;
(ii) Submitting a false statement to collect a fee; or
(iii) Obtaining a fee through fraud or misrepresentation.
(6) Using or promoting or causing the use of any misleading,
deceiving, improbable or untruthful advertising matter, promotional
literature, testimonial, guarantee, warranty, label, brand,
insignia or any other representation;
(7) Falsely representing the use or availability of services
or advice of a physician;
(8) Misrepresenting the applicant, licensee or holder by using
the word "doctor" or any similar word, abbreviation or symbol if
the use is not accurate or if the degree was not obtained from
a regionally an accredited institution;
(9) Committing any act of dishonorable, immoral or
unprofessional conduct while engaging in the practice of
speech-language pathology or audiology;
(10) Engaging in illegal, incompetent or habitually negligent
practice;
(11) Providing professional services while:
(i) Mentally incompetent;
(ii) Under the influence of alcohol;
(iii) Using any narcotic or controlled dangerous substance or
other drug that is in excess of therapeutic amounts or without
valid medical indication; or
(iv) Having a serious contagious disease.
(12) Providing services or promoting the sale of devices,
appliances or products to a person who cannot reasonably be
expected to benefit from such services, devices, appliances or
products;
(13) Violating any provision of this article, or any lawful
order given, or rule adopted by the board;
(14) Being convicted of or pleading guilty or nolo contendere
to a felony or to a crime involving moral turpitude, whether or not
any appeal or other proceeding is pending to have the conviction or
plea set aside; or
(15) Being disciplined by a licensing or disciplinary
authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds
for disciplinary action under this section.
NOTE: The purpose of this bill is provide clarification for
eligibility for teacher certification and to help alleviate the
shortage of certified teachers in West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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