WEST virginia Legislature
2017 regular session
By
[
to the Committee on Education
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§18B-1B-11, relating to relocation or closure of state higher education
institutions; establishing legislative findings; requiring an economic and
educational accessibility impact study and plan be provided by a state
institution of higher education to the Higher Education Policy Commission prior
to closure or transfer of the physical presence in an existing location;
requiring the commission to review, provide feedback and suggested changes to
the institution desiring to close or transfer a physical presence; requiring
the commission to make a recommendation to the Legislative Oversight Commission
on education accountability (LOCEA); requiring the LOCEA to consider and take
action within six months of submission; authorizing amendment of the
recommended plan; authorizing transfer or closure pursuant to an approved LOCEA
plan.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new section,
designated §18B-1B-11, to read as follows:
ARTICLE 1B. Higher edcuation policy commission.
§18B-1B-11. LOCEA
approval of any closure or transfer of physical presence.
(a)
Legislative findings- (1) The Legislature
recognizes the significant economic impact an institution of higher education
has upon the community in which it is located. These institutions become
centers of community development with numerous businesses and families becoming
dependent on the presence of these institutions.
(2)
In determining the physical location of an institution of higher education,
consideration must be given to the historical presence of an institution in a
community as well as the geographical location to other similar institutions.
(3)
Existing institutions of higher education that expand or constrict their
physical presence in other areas of this state must be mindful of the economic,
social, and accessibility impact upon such a decision.
(4)
A decision to relocate or close an existing institution’s physical presence may
have broader implications to the state and other economic interests than those
singularly impacting the institution.
(b)
Prior to closing or transferring a physical presence in an existing location, a
state institution of higher education shall provide an economic and educational
accessibility impact study and plan to the Higher Education Policy
Commission. The commission shall review
the plan and provide feedback and suggested changes to the institution desiring
to close or transfer a physical presence of an existing location. If a final plan is ultimately approved by the
commission, the commission shall make a recommendation to the Legislative
Oversight Commission on Education Accountability (LOCEA) established pursuant
to section eleven, article three-a, chapter twenty-nine-a of this code.
(c)
Upon receipt of a recommended plan from the Higher Education Policy Commission,
the LOCEA shall consider the proposed plan and approve or disapprove it within
six months of submission to the LOCEA.
In approving the plan, the LOCEA may make amendment to the proposed plan
and impose additional conditions and requirements as it deems appropriate. A state institution of higher education may
only close or transfer a physical presence in an existing location in
accordance with a plan approved by the LOCEA.
NOTE: The purpose of this bill is
to insure that closure or transfer of any publicly-funded higher education
institution be preapproved by the Legislative Oversight Commission on Education
Accountability (LOCEA); to require both an economic and educational study to be
presented to the LOCEA before it may be closed or transferred; and to keep
WVU-Tech in its current location in Montgomery.
The bill makes clear that WVU-Tech may not be closed or transferred
without LOCEA approval.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.