HOPE As Reported
Out
COMMITTEE SUBSTITUTE
FOR
H. B. 2585
[By Mr. Speaker, Mr. Chambers, and Delegate Burk]
(Originating in the House Committee on Education)
(March 29, 1993)
A BILL to repeal article twenty-two-b, chapter eighteen of the
code of West Virginia, one thousand nine hundred
thirty-one, as amended; to repeal section ten, article
one, chapter eighteen-b of said code; to amend and reenact
sections thirteen and fifteen, article two, chapter five-a
of said code; to amend and reenact section two-a, article
five, chapter ten of said code; to amend and reenact
sections two, five, seven and eight, article one, chapter
eighteen-b of said code; to amend and reenact section
three, article two of said chapter; to further amend said
article by adding thereto a new section, designated
section eight; to amend and reenact sections three and
four, article three of said chapter; to further amend said
chapter by adding thereto a new article, designated
article three-c; to amend and reenact section two, article
four of said chapter; to amend and reenact sections one
and two, article five of said chapter; to further amend
said article by adding thereto a new section, designated
section two-a; to amend and reenact section one, article
six of said chapter; to amend article seven of said
chapter by adding thereto three new sections, designated
sections six, seven and eight; to amend and reenact
section three, article eight of said chapter; to further
amend said article by adding thereto a new section,
designated section seven; to amend and reenact sections
four and five, article nine of said chapter; to amend and
reenact sections one and fourteen, article ten of said
chapter; to amend and reenact article thirteen of said
chapter; and to amend and reenact chapter eighteen-c of
said code by adding thereto a new article, designated
article five, all relating to advancing certain
recommendations of the higher education advocacy team;
providing for quarterly allotment shortfalls through
temporary special revenue transfers and special
consideration by secretary of administration; stating
legislative intent and goals regarding distance learning;
placing secretary of education and arts on council;
placing council under jurisdiction of secretary of
education and arts; allowing term extension of chair of
council; transferring funds of distance learning
coordinating council to secretary of education and arts;
authorizing pilot programs; redefining community college
terms; requiring governing boards to provide secretary of
education and arts with requested information in timely
manner; requiring elimination of certain courses;requiring presidential performance evaluations to be
written; requiring governing boards to work with state
auditor and treasurer and report to legislative oversight
commission on education accountability regarding efficient
expenditure methods; requiring boards and institutions to
adopt salary policies; stating legislative intent to
provide funds for salaries; establishing consortium of
comprehensive child development centers and providing
generally therefor; giving Fairmont State and West
Virginia Institute of Technology primary responsibility
for technical preparation teacher training programs;
specifying duties of board of directors regarding
comprehensive community college system; requiring distinct
budget for community college division; requiring vice
chancellor of community colleges, with board approval, to
delegate authority as deemed prudent to community college
presidents; requiring community college components within
university system to coordinate with vice chancellor of
community colleges; requiring that funds, including
special fees, collected at freestanding community colleges
and Clarksburg branch of Fairmont State College remain
with those community colleges; creating governor's council
on higher and other postsecondary education; providing
generally therefor; setting forth powers and duties of
council and limitations thereto; requiring governing
boards to establish resource allocation model and
policies; requiring funds, including funds for salary
increases, be distributed in accordance with approvedpolicies; authorizing certain transfers of general and
special revenue funds within and among certain higher
education accounts in accordance with stated procedure and
with stated limitations; authorizing and providing
generally for special efficiency surplus revolving fund
which may be carried over to next fiscal year; requiring
institutional board of advisors to provide advice and
assistance to president relating to certain activities;
authorizing administrative officer appointed to
institutional board of advisors to serve more than two
terms and coordinate institution's economic development
activities; requiring boards to establish policies, with
faculty senate assistance, regarding adjunct faculty,
professional productivity, and teaching and research
duties of campus administrators; providing
across-the-board annual salary increase of two thousand
dollars for full-time faculty; providing across-the-board
monthly salary increase of one hundred twenty-five dollars
for full-time classified employees; providing that the
classified employee salary increase be prorated for
part-time classified employees; setting forth timeline for
approval and implementation of uniform employee
classification system for classified employees; stating
goal for level of tuition and required fees for resident
and nonresident students at state institutions of higher
education; defining full-time enrollment for fee purposes;
providing alternative methods for payment of fees;
requiring boards to adopt standardized refund policy;requiring penalties, by rule, for excessive course
registration; requiring boards to consider fee waivers in
exchange for service to institution; requiring stated
textbook policies in order to minimize costs; streamlining
provision regarding higher education-industry
partnerships; recodifying higher education grant program
and requiring additional one and one-half million
appropriation each year for five years to that grant
program; and deleting or updating outdated code
provisions.
Be it enacted by the Legislature of West Virginia:
That article twenty-two-b, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that section ten, article one, chapter
eighteen-b of said code be repealed; that sections thirteen and
fifteen, article two, chapter five-a of said code be amended
and reenacted; that section two-a, article five, chapter ten of
said code be amended and reenacted; that sections two, five,
seven and eight, article one, chapter eighteen-b of said code
be amended and reenacted; that section three, article two of
said chapter be amended and reenacted; that said article be
further amended by adding thereto a new section, designated
section eight; that sections three and four, article three of
said chapter be amended and reenacted; that said chapter be
further amended by adding thereto a new article, designated
article three-c; that section two, article four of said chapter
be amended and reenacted; that sections one and two, article
five of said chapter be amended and reenacted; that saidarticle be further amended by adding thereto a new section,
designated section two-a; that section one, article six of said
chapter be amended and reenacted; that article seven of said
chapter be amended by adding thereto three new sections,
designated sections six, seven and eight; that section three,
article eight of said chapter be amended and reenacted; that
said article eight be further amended by adding thereto a new
section, designated section seven; that sections four and five,
article nine of said chapter be amended and reenacted; that
sections one and fourteen, article ten of said chapter be
amended and reenacted; that article thirteen of said chapter be
amended and reenacted; and that chapter eighteen-c of said code
by further amended by adding thereto a new article, designated
article five, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 2. FINANCE DIVISION.
§5A-2-13. Examination and approval of expenditure schedules;
amendments; copies to legislative auditor.
The secretary shall examine the expenditure schedule of
each spending unit, and if he finds that it conforms to the
appropriations made by the Legislature, the requirements of
this article, and is in accordance with sound fiscal policy, he
the secretary shall approve the schedule. In addition, the
secretary shall give special consideration in the approved
expenditure schedules to accounts in which the appropriations
consist predominantly of personal services funds so that the
quarterly allotments of funds to the various spending units
pursuant to section fifteen of this article are sufficient topay such personnel costs in the quarter in which they are due.
The expenditure of the appropriations made to a spending
unit shall be only in accordance with the approved expenditure
schedule unless the schedule is amended with the consent of the
secretary, or unless appropriations are reduced in accordance
with the provisions of sections twenty to twenty-three,
inclusive, of this article. The spending officer of a spending
unit shall transmit to the legislative auditor a copy of each
and every requested amendment to such schedule at the same time
that such requested amendment is submitted to the secretary.
The secretary shall send to the legislative auditor copies of
any schedule amended with the secretary's approval.
§5A-2-15. Requests for quarterly allotments; approval or
reduction by governor.
At least thirty days prior to the beginning of each
quarter of the fiscal year, each spending officer shall submit
to the secretary a request for an allotment of public funds
sufficient to operate the unit during the ensuing quarter in
accordance with the approved expenditure schedule.
The secretary shall examine the requests, giving special
consideration to accounts in which the appropriations consist
predominantly of personal services funds so that the quarterly
allotments of funds to the various spending units are
sufficient to pay such personnel costs in the quarter in which
they are due, and, if he the secretary finds that the amounts
requested are in accordance with the approved expenditure
schedules and are in accordance with sound fiscal policy, he
the secretary shall submit the requests to the governor. Thesecretary shall also submit a summary statement showing the
amounts expended under the budget for each preceding quarter of
the fiscal year and the total amount requested for allotment
during the ensuing quarter.
The governor shall consider the amount of requests for
allotment and the collection of revenues. If the governor
finds that the collection of revenue warrants the expenditure
of the amount requested in the allotment, he the governor shall
approve the allotment of funds for the ensuing quarter and send
copies of the requests to the legislative auditor after
approval. If the governor finds that the collection of revenue
does not warrant the allotment of the requested amount, he the
governor may reduce the amount of allotments pending the
collection of sufficient revenue.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC
ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF
SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-2a. West Virginia distance learning coordinating
council; creation; duties.
(a) The Legislature finds that the educational benefits of
making a broader range of courses available to West Virginia
students, and the economic benefits from continuing education
and staff development for businesses, industry and the
professions, are immeasurable and that distance learning
technology offers an efficient means of delivering such
education and personnel development courses.
The legislature intends to offer such a delivery systemand, in so doing, further intends as follows:
(1) To employ the best available technology and qualified
instructors to provide courses of instruction to students at
remote locations by means of electronic transmission and
computer assisted instruction;
(2) To make maximum use of the currently existing
resources, facilities, equipment and personnel in the school
districts, institutions of higher education, public libraries,
public broadcasting stations, and other educational and
administrative agencies;
(3) To provide distance learning that is low-tuition, is
commuter-oriented, has an open-door admissions policy, and
serves adults of all ages;
(4) To provide distance learning that meets the several
goals set forth in this section and assures that the governor's
council on higher and other postsecondary education as set
forth in article three-c, chapter eighteen-b of this code is
aware of the work of the distance learning coordinating council
created in this section and its areas of expertise, so that the
governor's council on higher and other postsecondary education
utilizes distance learning technology and this coordinating
council to the fullest extent possible.
(b) The Legislature further finds that distance learning
technology requires a substantial financial investment and
that
the acquisition and utilization of such technology should,
therefore, be coordinated among the various affected agencies.
(b) To facilitate such coordination, there is hereby created a
West Virginia distance learning coordinating council whichshall be composed of one representative of each of the
following: SatNet, EdNet, the educational broadcasting
authority, the West Virginia library commission, the state
department of education, the higher education central office
,
and the department of administration's division of information
systems and communications
, and the office of the secretary of
education and the arts. The representative of the department
of administration's division of information systems and
communications shall call the first meeting of the council and
shall chair the meeting until a chair is elected by the
council. The chair elected by the council shall serve a term
of one year, at which time the council shall elect a new chair.
A member of the council
may shall not serve for more than two
consecutive terms as chair
, except by unanimous vote of the
council.
The council shall meet at least quarterly and shall
develop long-range plans to integrate the instructional
telecommunications system, to coordinate distance learning in
West Virginia and to clarify the roles of the agencies involved
in the state's distance learning enterprise. The council shall
submit an annual report to the governor and the Legislature,
which includes its recommendations for achieving the best use
of limited resources in the development and operation of a
distance learning technology system.
(c) A goal of the distance learning coordinating council
is the coordination of a statewide technology system which is
capable of linking universities and colleges, schools,
libraries and, eventually, homes in the development of videolearning and the sharing of software and data bases. In
pursuit of this goal, the council shall determine the most
effective and efficient ways to integrate the capabilities of
the state for producing, delivering and receiving electronic
instruction and establish a comprehensive long-range plan to
further the cooperation and coordination of the various
educational and other agencies of the state, including the
county boards of education, in establishing distance learning
technology.
(c) (d) There is hereby created in the state treasury a
special fund designated the "Distance Learning Fund" which
shall be under the jurisdiction of the secretary of
education
and the arts administration for use solely for the purposes of
the distance learning grant program as provided in this
section.
Appropriate guidelines for participation
in the grant
program by school districts, state institutions of higher
education, public libraries and public
broadcasting television
stations
, in the grant program, shall be established by the
distance learning coordinating council subject to approval by
the legislative oversight commission on education
accountability. Such guidelines shall include application
procedures and shall establish policies for awarding grants in
the event that more grant applications are received than funds
available to honor the applications in any fiscal year. In
allocating funds to applicants, the council may give due
consideration to revenues available from all other sources.
The state board of education shall accredit courses offeredthrough this program at the elementary and secondary education
level. The higher education governing boards shall approve
courses taught at the postsecondary level.
(e) In any fiscal year
, moneys in the fund shall be used
first to ensure that any and all school districts, state
institutions of higher education, public libraries and public
broadcasting television stations seeking aid under this program
shall receive telecommunications equipment necessary to
participate in the satellite learning process; second, to
provide the school districts and state institutions of higher
education with access to subjects at the advanced level or the
remedial level or which are not taught in the schools of the
district or the service area or campus; and third, to provide
enrichment classes, continuing education and professional
development. However, the council may set aside a portion of
the funds to be used to contract with
school districts, state
institutions of higher education,
state institutions of public
education public libraries and public
broadcasting television
stations to develop instructional programs for grades
kindergarten through twelve. Funds may also be used for
undergraduate and graduate course work suitable for broadcast
to
or through the school districts, state institutions of
higher education,
public libraries or public broadcasting
stations, as appropriate, for continuing education
, and
professional development
, for or business and industry
seminars, and to develop the capability to transmit programs
cited in this section.
(f) Participation by a local school district, a stateinstitution of higher education, a public library or a public
broadcasting television station in the program established by
this section shall be voluntary. No school district, state
institution of higher education, public library or public
broadcasting television station receiving funds under this
program shall use those funds for any purpose other than that
for which they were intended. Any school district, state
institution of higher education, public library or public
broadcasting television station shall be eligible to receive
funds under this program regardless of its curriculum, local
wealth or previous contractual arrangements to receive
satellite broadcast instruction.
(g) The secretary of
education and the arts administration
on behalf of the state of West Virginia may contract with
institutions of higher education and the state board of
education for the development or operation, or both, of state
employee training programs transmitted by telecommunications
technology
and, notwithstanding the provisions of subsection
(e) of this section, may utilize available funds for the
establishment of pilot programs that utilize distance learning
technologies.
Instructional programs developed under this section which
are transmitted one-way through the airwaves or by cable
television shall be available to all residents of this state
without charge or fee to the extent permitted by the West
Virginia constitution. "Without charge or fee" shall not
require the providing of equipment to transmit or receive
telecommunications instruction or the providing of commercialcable
television service. If the instructional program
involves two-way, interactive communication between the
instructor and the participant, the district or institution
operating the program may prescribe academic prerequisites and
limit the number of persons who may enroll in the specific
program and give preference to residents of the district or
institutional attendance area who are age twenty-one or younger
but shall not discriminate against any resident on any other
basis. A fee may be charged which will be paid directly by the
individual participant, but the fee shall be equal for all
participants. If a subscription fee is charged by the
originator of the program, the district or institution may pay
the subscription fee for all participants from a grant under
this section or from any other public or private fund legally
authorized to be used for this purpose. Printed materials
designed to facilitate or complement telecommunications
programs or electronic reproduction thereof may be made
available for loan by the school district, institution of
higher education
or public library through the
school,
institution or public library system or the curriculum
technology resource center, subject to the normal rules and
regulations of the lending system and in such quantities as may
be approved by the governing body of the district or
institution.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chaptereighteen-c of this code shall have the meaning hereafter
ascribed to them unless the context clearly indicates a
different meaning:
(a) "Governing board" or "board" means the university of
West Virginia board of trustees or the board of directors of
the state college system, whichever is applicable within the
context of the institution or institutions referred to in this
chapter or in other provisions of law;
(b) "Governing boards" or "boards" means both the board of
trustees and the board of directors;
(c) "
Freestanding community colleges" means Southern West
Virginia Community College
, and West Virginia Northern
Community College,
which shall not be operated as branches or
off-campus locations of any other state institution of higher
education and any institution of higher education which has
been designated as a community college by the board of
directors under the provisions of section four, article three
of this chapter;
(d) "Community colleges" means freestanding community
colleges, branches or off-campus locations of state
institutions of higher education within the state college
system, and programs offered at state institutions of higher
education within the state college system which are two years
or less in duration;
(e) "Community college component" means any program
operated by a state institution of higher education within the
university system which is two years or less in duration, which
program may be offered at the institution or at a branch oroff-campus location;
(d) (f) "Directors" or "board of directors" means the
board of directors of the state college system created pursuant
to article three of this chapter or the members thereof;
(e) (g) "Higher educational institution" means any
institution as defined by sections 401(f), (g), (h) of the
federal higher education facilities act of 1963, as amended;
(f) (h) "Post
-secondary vocational education programs"
means any college-level course or program beyond the high
school level provided through an institution of higher
education which results in or may result in the awarding of a
two-year associate degree, under the jurisdiction of the board
of directors;
(g) (i) "Rule" or "rules" means a regulation, standard,
policy or interpretation of general application and future
effect;
(h) (j) "Senior administrator" means the person hired by
the governing boards in accordance with section one, article
four of this chapter, with such powers and duties as may be
provided for in section two of said article four;
(i) (k) "State college" means Bluefield State College,
Concord College, Fairmont State College, Glenville State
College, Shepherd College, West Liberty State College, West
Virginia Institute of Technology, or West Virginia State
College;
(j) (l) "State college system" means the state colleges
and community colleges, and also shall include post
-secondary
vocational education programs in the state, as those terms aredefined in this section;
(k) (m) "State institution of higher education" means any
university, college or community college in the state
university system or the state college system as those terms
are defined in this section;
(l) (n) "Trustees" and "board of trustees" means the
university of West Virginia board of trustees created pursuant
to article two of this chapter or the members thereof;
(m) (o) "University", "University of West Virginia" and
"state university system" means the multi-campus, integrated
university of the state, consisting of West Virginia University
including West Virginia University at Parkersburg, Potomac
State College of West Virginia University and the West Virginia
University School of Medicine; Marshall University including
the Marshall University School of Medicine; the West Virginia
Graduate College; and the West Virginia School of Osteopathic
Medicine
.; and
(n) "University" means the multi-campus, integrated
university of the state, consisting of West Virginia University
including West Virginia University at Parkersburg, Potomac
State College of West Virginia University and the West Virginia
University School of Medicine; Marshall University including
the Marshall University School of Medicine; the West Virginia
Graduate College; or the West Virginia School of Osteopathic
Medicine.
§18B-1-5. Board of trustees and board of directors under
department of education and the arts.
(a) The university of West Virginia board of trustees andthe board of directors of the state college system, created in
articles two and three of this chapter, are under the
jurisdiction of the department of education and the arts
created in article one, chapter five-f of this code, and are
subject to the supervision of the secretary of education and
the arts. Rules adopted by the governing boards shall be
subject to approval by the secretary of education and the arts.
The budget submitted by each board pursuant to the provisions
of section eight of this article shall be subject to approval
of the secretary of the department of education and the arts,
all pursuant to the provisions of article two, chapter five-f
of this code.
The governing boards shall provide any and all
information requested by the secretary of education and the
arts in a timely manner.
(b) The secretary of education and the arts is responsible
for the coordination of policies and purposes of the state
university system and the state college system and shall
provide for and facilitate sufficient interaction between the
governing boards, and between the governing boards and the
state board of education, to assure appropriate mission and
program coordination and cooperation among (1) the state
university system, (2) the state college system, exclusive of
the community colleges, (3) the community colleges
, including
free-standing community colleges, and community college
components
of four-year institutions, if any, and (4) the
vocational-technical centers in the state, recognizing the
inherent differences in the missions and capabilities of these
four categories of institutions.
(c) The secretary of education and the arts shall conduct
a special study of the West Virginia University at Parkersburg,
Potomac State College of West Virginia University and the
University of West Virginia College of Graduate Studies to
determine the role and mission of said institutions in the
reorganized system of higher education in the state and shall
submit a report on the study to the Legislature on or before
the first day of January, one thousand nine hundred ninety.
§18B-1-7. Supervision by governing boards; delegation to
president.
On and after the first day of July, one thousand nine
hundred eighty-nine, the governing boards shall determine,
control, supervise and manage all of the policies and affairs
of the state institutions of higher education under their
jurisdiction and shall exercise and perform all such powers,
duties and authorities respecting those institutions as were
previously exercised and performed by the West Virginia board
of regents.
The governing boards have the general determination,
control, supervision and management of the financial, business,
and educational policies and affairs of all state institutions
of higher education under their jurisdiction. The board of
trustees and the board of directors shall seek the approval of
the West Virginia Legislature before either governing board
takes action that would result in the creation or closing of a
state institution of higher education.
Except as otherwise provided by law, each board's
responsibilities shall include, but shall not be limited to,the making of studies and recommendations respecting higher
education in West Virginia; allocating among the state
institutions of higher education under their jurisdiction
specific functions and responsibilities; submitting budget
requests for such institutions; and equitably allocating
available state appropriated funds
between the boards and among
such institutions
in accordance with the resource allocation
model and policies required by section two, article five of
this chapter.
Each board shall delegate, as far as is lawful, efficient
and fiscally responsible and within prescribed standards and
limitations, such part of its power and control over financial,
educational and administrative affairs of each state
institution of higher education to the president or other
administrative head of those institutions. This shall not be
interpreted to include the classification of employees, lawful
appeals made by students in accordance with board policy,
lawful appeals made by faculty or staff, or final review of new
or established academic or other programs.
To promote the missions and achieve the goals and
objectives of the institutions and systems under their
jurisdiction and to provide information and guidance for the
allocation of funding among institutions in the separate
systems in an equitable manner in relation to their missions,
goals and objectives, the board of trustees and the board of
directors shall each develop comparison information including
such factors as peer institution information, enrollment
information, data on institutional program scope and diversity,and measures of institutional quality and performance, and
shall annually present such information to the secretary of
education and the arts and the Legislature along with the
resulting allocation decisions made by the respective governing
boards. This system shall be implented by the first day of
July, one thousand nine hundred ninety-one. Until the new
system is implented, the current resource allocation model,
updated for enrollment and in accordance with other provisions
of this code, shall be in effect.
§18B-1-8. Powers and duties of governing boards generally.
(a) Each governing board shall separately have the power
and duty to:
(1) Determine, control, supervise and manage the
financial, business and educational policies and affairs of the
state institutions of higher education under its jurisdiction;
(2) Prepare a master plan for the state institutions of
higher education under its jurisdiction, setting forth the
goals, missions, degree offerings, resource requirements,
physical plant needs, state personnel needs, enrollment levels
and other planning determinates and projections necessary in
such a plan
to assure that the needs of the state for a quality
system of higher education are addressed:
Provided, That the
master plan for post
-secondary vocational education is subject
to approval by the joint commission for post
-secondary
occupational education. The plan shall also address the roles
and missions of private post
-secondary education providers in
the state. Each board shall involve the executive and
legislative branches of state government and the general publicin the development of all segments of the plan for
post
-secondary education in the state. The plan shall be
established for periods of not less than five nor more than ten
years and shall be periodically revised as necessary, including
the addition or deletion of degree programs as in the
discretion of the boards may be necessary. Whenever a state
institution of higher education desires to establish a new
degree program, such program proposal shall not be implemented
until the same is filed with both governing boards. Upon
objection thereto within sixty days by either governing board,
such program proposal shall be filed with the secretary of
education and the arts, who shall approve or disapprove such
proposal within one year of the filing of said program
proposal;
(3) Prescribe and allocate among the state institutions of
higher education under its jurisdiction, in accordance with its
master plan, specific functions and responsibilities to meet
the higher education needs of the state and to avoid
unnecessary duplication;
(4) Consult with the executive branch and the Legislature
in the establishment of funding parameters, priorities and
goals;
(5) Establish guidelines for and direct the preparation of
budget requests for each of the state institutions of higher
education under its jurisdiction, such requests to relate
directly to missions, goals and projections in its state master
plan;
(6) Consider, revise and submit to the appropriateagencies of the executive and legislative branches of state
government separate budget requests on behalf of the state
institutions of higher education under its jurisdiction or a
single budget for the state institutions of higher education
under its jurisdiction:
Provided, That when a single budget is
submitted, that budget shall be accompanied by a tentative
schedule of proposed allocations of funds to the separate state
institutions of higher education under its jurisdiction;
(7) Prepare and submit to the Speaker of the House of
Delegates and the President of the Senate, no later than the
first day of each regular session of the Legislature, and to
any member of the Legislature upon request, an analysis of the
budget request submitted under subdivision (6) of this
subsection. The analysis shall summarize all amounts and
sources of funds outside of the general revenue fund
anticipated to be received by each state institution of higher
education under its jurisdiction and the effect of such funds
on the budget request;
(8) Prepare and submit to the legislative auditor, no
later than the first day of July of each year, the approved
operating budgets of each state institution of higher education
under its jurisdiction for the fiscal year beginning on that
date and, no later than the first day of August, a summary of
federal and other external funds received at each such
institution during the previous fiscal year;
(9) Establish a system of information and data management
that can be effectively utilized in the development and
management of higher education policy, mission and goals;
(10) Review, at least every five years, all academic
programs offered at the state institutions of higher education
under its jurisdiction. The review shall address the
viability, adequacy and necessity of the programs in relation
to its master plan
and in relation to the duties of the
governor's council on higher and other postsecondary education
set forth in article three-c of this chapter. Each board shall
eliminate any undergraduate courses not taught at least every
two years, and the board of trustees shall eliminate any
graduate courses not offered at least every four years;
(11) Utilize faculty, students, and classified staff in
institutional level planning and decision-making when those
groups are affected;
(12) Administer a uniform system of personnel
classification and compensation for all employees other than
faculty and policy level administrators;
(13) Establish a uniform system for the hearing of
employee grievances and appeals therefrom
, so that aggrieved
parties may be assured of timely and objective review;
(14) Solicit and utilize or expend voluntary support,
including financial contributions and support services, for the
state institutions of higher education;
(15) Appoint a president or other administrative head for
each institution of higher education from candidates submitted
by the search and screening committees of the institutional
boards of advisors pursuant to section one, article six of this
chapter;
(16) Conduct
written performance evaluations of eachinstitution's president in every fourth year of employment as
president, recognizing unique characteristics of the
institution and utilizing institutional personnel,
institutional boards of advisors, staff of the appropriate
governing board and persons knowledgeable in higher education
matters who are not otherwise employed by a governing board;
and
(17) Submit to the joint committee on government and
finance, no later than the first day of December of each year,
an annual report of the performance of the system of higher
education under its jurisdiction during the previous fiscal
year as compared to stated goals in its master plan and budget
appropriations for that fiscal year.
(b) The power herein given to each governing board to
prescribe and allocate among the state institutions of higher
education under its jurisdiction specific functions and
responsibilities to meet the higher educational needs of the
state and avoid unnecessary duplication shall not be restricted
by any provision of law assigning specified functions and
responsibilities to designated state institutions of higher
education, and such powers shall supersede any such provision
of law:
Provided, That each governing board may delegate, with
prescribed standards and limitations, such part of its power
and control over the business affairs of a particular state
institution of higher education to the president or other
administrative head of such state institution of higher
education in any case where it deems such delegation necessary
and prudent in order to enable such institution to function ina proper and expeditious manner:
Provided, however, That such
delegation shall not be interpreted to include classification
of employees, lawful appeals made by students in accordance
with the appropriate governing board's policy, lawful appeals
made by faculty or staff, or final review of new or established
academic or other programs. Any such delegation of power and
control may be rescinded by the appropriate governing board at
any time, in whole or in part.
(c) Each governing board shall consult, cooperate and work
with the state treasurer and the state auditor to develop an
efficient and cost-effective system for the financial
management and expenditure of appropriated state funds. The
system shall be established and implemented as soon as
practical, and the governing boards shall report to the
legislative oversight commission on education accountability
prior to the first day of January, one thousand nine hundred
ninety-four, regarding the efficacy of the system.
§18B-1-10. Task force on faculty salaries and resource
allocation.
Not later than the first day of July, one thousand nine
hundred eighty-nine, there shall be established a task force on
faculty salaries and resource allocation which shall meet,
study and make recommendations as herein provided.
The task force shall be composed of two members of the
Senate appointed by the president, two members of the House of
Delegates appointed by the speaker, one member of the faculty
advisory council to the board of trustees chosen by said
council, one member of the faculty advisory council to theboard of directors chosen by said council, one member of the
board of trustees chosen by said board, one member of the board
of directors chosen by said board, one institutional president
chosen by the presidents under the board of trustees, one
institutional president chosen by the presidents under the
board of supervisors and three members appointed by the
governor to represent the public interest.
The task force shall conduct studies on faculty salaries,
faculty salary schedules, faculty compensation and specifically
on resource allocation models. The task force shall develop a
faculty salary program with the overall goal that compares
average faculty salaries with similar groups of disciplines at
comparable peer institutions. The task force shall make such
recommendations as it deems appropriate to address needs
identified in the studies and shall specifically make
recommendations on the resource allocation model and the
faculty salary schedules to the board of trustees and the board
of supervisors.
Additionally, the task force shall file a report with the
Legislature and the governor on or before the first day of
December, one thousand nine hundred eighty-nine.
The secretary of the department of education and the arts
shall be responsible for staffing the task force utilizing
existing personnel, equipment and offices of the board of
trustees and the board of directors.
In the case of the board of trustees, the task force shall
recommend that the board adopt a faculty salary schedule with
an overall goal that compares average faculty salaries withsimilar groups of disciplines at comparable peer institutions
(Doctoral I at West Virginia University; Doctoral III at
Marshall University; and appropriate and comparable levels at
the University of West Virginia College of Graduate Studies,
and the West Virginia School of Osteopathic Medicine, Potomac
State College of West Virginia University and West Virginia
University at Parkersburg).
The salary program shall incorporate a minimum salary
schedule, approved by the Legislature, for West Virginia
University, Marshall University, the University of West
Virginia College of Graduate Studies and the West Virginia
School of Osteopathic Medicine and a minimum salary schedule
for Potomac State College of West Virginia University and West
Virginia University at Parkersburg. It shall be the goal that
these minimum salary schedules shall be fully in effect within
three years after the effective implementation of those
schedules.
Salary funds shall be distributed to all of the respective
institutions based upon legislative intent to achieve basic
improvements in compensation for all employees with any
additional funds being distributed to the respective
institutions based on the proportion needed to move to parity
in relation to the overall goal described above. If needed, no
less than fifty percent of new salary funds at each institution
shall be used to assure that the appropriate minimum schedule
is so implemented.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
§18B-2-3. Additional duties of board of trustees.
(a) The trustees shall govern the University of West
Virginia. The trustees shall develop a master education
al plan
for the university system in the state, establish research
policies for the several institutions within the university
system and shall oversee graduate, professional and medical
education at the appropriate institutions of higher education
under their jurisdiction to the end of avoiding duplication in
advanced study, specialty institutes and research.
(b) The board of trustees shall adopt a faculty salary
program with an overall goal
that compares of attaining
salaries equal to the average faculty salaries with
in similar
groups of disciplines
and program levels at comparable peer
institutions
within member states of the southern regional
educational board (Doctoral I at West Virginia University;
Doctoral III at Marshall University; and appropriate levels at
the
University of West Virginia College of Graduate Studies
West Virginia College of Graduate Studies, Potomac State
College of West Virginia University, West Virginia University
at Parkersburg and the School of Osteopathic Medicine as
determined by the Board of Trustees).
It is the intent of the
Legislature to provide the board of trustees with sufficient
funds to meet this goal by fiscal year one thousand nine
hundred ninety-six. Salary funds shall be distributed to the
respective institutions based on the proportion needed to move
to parity in relation to the overall goal described above. The
salary program shall incorporate a minimum salary schedule
which shall be fully in effect within three years after the
effective date of this section. If needed, up to fifty percentof new salary funds at each institution shall be used to assure
that the minimum schedule is so implemented. The existing
minimum salary schedule as set forth within the provisions of
article eight of this chapter shall remain in effect until the
board of trustees adopts the salary program mandated herein and
is then repealed.
§18B-2-8. Consortium of comprehensive child development
centers; establishment and operation of a consortium of
comprehensive child development centers.
(a) There is hereby established a consortium of
comprehensive child development centers under the auspices of
the board of trustees and under the direction and
administration of the vice chancellor for health services. The
goals of the consortium include, but are not limited to:
(1) Recommending a comprehensive diagnostic and technical
support system to assist faculty and students in providing
educational programs for students with disabilities;
(2) Providing a system for the comprehensive
interdisciplinary diagnosis, treatment and follow-up of
children and young adults with special needs and their
families;
(3) Offering programs for the training of parents and
families;
(4) Creating significant links between disciplines,
departments, schools, colleges, universities and agencies;
(5) Providing all services (clinical, training, technical
assistance and consultation) at child development centers and
at strategically planned outreach sites, including institutionsof higher education;
(6) Planning and implementing a statewide system of care
for children with special needs and their families;
(7) Providing family-centered, community-based, culturally
sensitive, coordinated care;
(8) Assuring interdisciplinary, interagency cooperation;
(9) Linking community-based health and educational
services with institutions of higher education;
(10) Establishing a statewide comprehensive diagnostic
support team and advisory boards at each center composed of
agency representatives, physicians, education providers, center
personnel, parents and other; and
(11) Facilitating significant parent and family
participation, including parents as members of the statewide
team and representing a majority of the membership of each
center's advisory boards.
(b) The board of trustees is authorized and directed to
establish at least four comprehensive child development sites
at existing university health science centers located at
Morgantown, Charleston, Huntington and Lewisburg. Planning of
at least these four centers and the establishment of advisory
boards shall be completed by the first day of July, one
thousand nine hundred ninety-three. The board of trustees shall
establish at least these four sites prior to the first day of
January, one thousand nine hundred ninety-four.
The board of trustees may enter into a contractual
relationship with each child development center, which shall be
in accordance with laws that apply to publicly fundedpartnerships with private, nonprofit entities and the
provisions of section three, article five of this chapter.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-3. Additional duties of board of directors.
(
a) The board of directors of the state college system
shall govern the state college system.
(a) (b) The board of directors shall determine programs to
be offered by state institutions of higher education under its
jurisdiction
, shall clarify the missions of the institutions
under its jurisdiction, and, in so doing, ensure that Fairmont
State and West Virginia Institute of Technology are given
primary responsibility for technical preparation teacher
training programs.
(b) (c) The board of directors shall govern community
colleges and shall organize eight community college service
areas in accordance with section four of this article.
(d) The board of directors shall adopt a faculty salary
program with an overall goal of attaining salaries equal to the
average faculty salaries within similar groups of disciplines
and program levels at comparable peer institutions within
member states of the southern regional educational board. It
is the intent of the Legislature to provide the board of
directors with sufficient funds to meet this goal by fiscal
year one thousand nine hundred ninety-six.
(c) The board of directors of the state college system
shall govern the state college system. The board of directors
shall develop by the first day of January, one thousand nine
hundred ninety, a proposed classification plan and salary planfor full-time faculty based upon the level of program being
taught by said full-time faculty member, whether baccalaureate
programs or associate level programs. The classification plan
and salary plan shall be submitted to the secretary of
education and the arts for approval.
(d) The chancellor of the board of directors shall prepare
a detailed plan for the coordination of allied health care
education programs with the rural health initiative and shall
submit the plan, by the first day of January, one thousand nine
hundred ninety-two, to the vice chancellor for health sciences
created pursuant to section six, article two of this chapter
for review and approval. After the vice chancellor for health
sciences reviews and approves the plan, the chancellor of the
board of directors shall submit the plan to the board of
directors for their approval and implementation.
§18B-3-4. Community colleges.
(a) Effective the first day of July, one thousand nine
hundred eighty-nine, the following institutions are hereby
established or continued as freestanding community colleges:
Southern West Virginia Community College and West Virginia
Northern Community College. On or before the first day of
July, one thousand nine hundred ninety, the board of directors
may designate other facilities, centers, locations and schools
as freestanding community colleges. Such freestanding
community colleges shall not be operated as branches or
off-campus locations of any other state institution of higher
education.
(b) (a) The directors, in accordance with article two-b,chapter eighteen of this code, shall cooperate with the state
board of
vocational education, the state council of
vocational-technical education, and the joint commission for
vocational-technical-occupational post-secondary occupational
education to develop a
comprehensive system of academic,
vocational, technical and career development programs to meet
the educational needs of adults for college preparatory,
two-year associate degree, workforce training and retraining,
and other such programs within the state and network of
post-secondary vocational, job training and other educational
centers, utilizing shall establish cooperative relationships
with all the boards, agencies and other entities involved with
or able to contribute to the state's system of postsecondary
education so that the existing community colleges and programs,
public school vocational centers other existing facilities,
are
utilized in the most efficient and productive ways possible.
and existing training needs within the service area.
The
directors shall report to the governor's council on higher and
other postsecondary education created in article three-c of
this chapter regarding how the system furthers the goals set
forth therein.
(b) The community colleges
, including freestanding
community colleges, shall be organized into eight community
college service areas
, which shall have the same boundaries as
the regional educational service agencies established by the
state board of education pursuant to section twenty-six,
article two, chapter eighteen of this code:
Provided, That any
community college and the branches thereof existing on theeffective date of this section may be located in more than one
community college service area created pursuant to this section
and shall not be affected by such service area boundary.
(c) A separate division of community colleges shall be
established under the board of directors and
shall have a
distinct budget. The community college division shall be
supervised by the vice chancellor for community colleges. The
community colleges shall be responsible directly to and subject
to the governance of the vice chancellor for community
colleges, who shall regularly convene the presidents or other
administrative heads of the community colleges as a community
college council
and who may delegate such authority to the
presidents or other administrative heads as the vice
chancellor, with the approval of the board of directors, deems
prudent. The university system shall coordinate its missions
regarding its community college components with the vice
chancellor of community colleges.
The vice chancellor for community colleges shall consider
(1) existing branch colleges, community college components,
off-campus locations, and, through agreements with the state
board of vocational education, vocational technical centers
included within the boundaries of the eight community college
service areas and (2) the needs of each such region in
determining the enrollment, programs and functions of all
community colleges, and the names and locations of newly
designated community colleges: Provided, That programs at
community colleges shall be two years or less in duration.
(d) The board of directors may fix tuition and establishand set such other fees to be charged students as it deems
appropriate, and shall pay such tuition and fees collected into
a revolving fund for the partial or full support, including the
making of capital improvements, of any community college
established, continued or designated hereunder. Funds
collected at any
freestanding such community college
and at the
community college branch of Fairmont State College located in
Clarksburg, which shall continue to be administered as a unit
with Fairmont State College, may shall be used only for the
benefit of that community college. The board of directors may
also establish special fees for such purposes as, including,
but not limited to, health services, student activities,
student recreation, athletics or any other extracurricular
purposes. Such special fees shall be paid into special funds
and used only for the purposes for which collected.
Any
special fees collected at any freestanding community college
shall be used at the freestanding community college where
collected, and any special fees collected at the community
college branch of Fairmont State College located in Clarksburg
shall be used at that branch.
Moneys collected at a branch college or off-campus
location of a state institution of higher education which is
subsequently designated as a community college shall be
transferred to and vested in the successor community college.
(e) The board of directors may allocate funds from the
appropriations for the state college system for the operation
and capital improvement of any community college continued,
established or designated under authority of this section andmay accept federal grants and funds from county boards of
education, other local governmental bodies, corporations or
persons. The directors may enter into memoranda of agreements
with such governmental bodies, corporations or persons for the
use or acceptance of local facilities and/or the acceptance of
grants or contributions toward the cost of the acquisition or
construction of such facilities. Such local governmental
bodies may convey capital improvements, or lease the same
without monetary consideration, to the board of directors for
the use by the community college, and the board of directors
may accept such facilities, or the use or lease thereof, and
grants or contributions for such purposes from such
governmental bodies, the federal government or any corporation
or person.
ARTICLE 3C. GOVERNOR'S COUNCIL ON HIGHER AND OTHER
POSTSECONDARY EDUCATION.
§18B-3C-1. Legislative findings; statement of purpose.
(a) The Legislature finds that West Virginia's economic
future depends in part on the number of citizens with higher
and other postsecondary education. In today's knowledge-based
economy, higher education or other training beyond the high
school level is required for most jobs that allow our citizens
to maintain or improve their standard of living. To that end,
access to higher and other postsecondary education must be
expanded for students currently enrolled in school, as well as
nontraditional students. This requires adequate planning and
preparation, as well as the acquisition of strong basic skills,
thinking and learning skills, and human relation skills, sothat the education may be successfully completed.
The Legislature further finds that real and perceived
barriers within West Virginia's education systems hamper West
Virginians from achieving their educational goals and limit
citizens' economic opportunities. To overcome these barriers,
the education providers must address issues such as cost and
availability of courses at locations and times convenient to
students with families and jobs, as well as adequate
preparation.
The Legislature further finds that clear expectations and
objectives among the institutions, boards and other entities
providing higher and postsecondary education can be improved,
with a view toward accountability, efficiency and productivity.
The state board of education, the governing board of the state
college system, the governing board of the university system,
the joint commission on vocational-technical-occupational
education, and the administrations of the many private college
and universities and private, proprietary schools are all
important components in the delivery of higher and other
postsecondary education in this state and will play a vital
role in meeting the challenges of the future. Cooperation and
planning among the public and private institutions is necessary
for effective workforce preparation.
The Legislature further intends, by this article, to
extend postsecondary and higher educational opportunities to
diverse populations, thereby requiring sensitivity to regional,
cultural, ethnic, economic, age and other differences so as to
enhance West Virginians preparedness for, awareness of,interest in and access to such education and to eliminate
barriers to receiving such education. The emphasis must be to
meet the needs of all West Virginians.
(b) To that end, the Legislature intends to regularly
convene those persons at the highest legislative and education
policy-making levels of state government, as well as private
educational institutions and economic development entities, to
fulfill the responsibilities set forth in this article, as well
as to adopt other strategies to meet the goals set forth in
this article.
The Legislature intends this council to be an advisory,
coordinating council with no governing authority over the
state's educational institutions.
§18B-3C-2. Governor's Council on Higher and Other
Postsecondary Education established.
There is hereby created the governor's council on higher
and other postsecondary education, hereinafter referred to as
the "HOPE council" or the "council". In addition to such other
persons as the governor may appoint to the HOPE council, the
council shall include the secretary of education and the arts,
the chairs of each of the higher education governing boards,
the president of the state board of education, the president of
the association of independent colleges, the president of the
joint commission on vocational-technical-occupational
education, the president of the council on economic
development, and the chairs of the education committees of both
the senate and the house of delegates, both of whom shall serve
in an advisory capacity only.
The HOPE council shall be chaired by the governor and
shall convene at least quarterly. The HOPE council shall
establish bylaws which govern its decision making.
§18B-3C-3. Powers and authority of council generally.
(a) In addition to all other powers granted to the HOPE
council in this article and elsewhere by law, the HOPE council
shall have the power and authority to:
(1) Make such budget recommendations as may be necessary
for financing the work coordinated or facilitated by the
council, such recommendation to be submitted to the governor
for inclusion in the executive budget in one or more
appropriate existing accounts;
(2) Promote the work of the HOPE council in order to
engender strong support from the community, education
providers, the Legislature and business leaders; and
(3) Report annually to the Legislature and to such other
entities as the HOPE council may deem appropriate on issues
relating to higher and other postsecondary education, and
develop a means of communication with education providers and
advisory councils and with community members and business
leaders who are involved in activities which further the goals,
objectives and duties set forth in this article;
(4) Facilitate written agreements and procedures between
and among the higher education governing boards, the state
board of education, county boards of education, the joint
commission for vocational-technical-occupational, the distance
learning coordinating council, and other boards, agencies and
entities involved in activities which further the goals,objectives and duties set forth in this article;
(5) Review any rules, policies and procedures to the
extent that they impact on or create barriers to higher or
postsecondary education;
(6) Solicit proposals in furtherance of any program or
service required by this article, especially for the
implementation of pilot programs, and direct such proposals to
the appropriate entity for implementation; and
(7) Solicit grants, gifts, bequests, donations and other
funds for the benefit of any board, agency, commission or other
public entity best suited to administer or facilitate the
purpose of the grant, gift, bequest, donation or other funds.
(b) The HOPE council shall not have the authority to hire
personnel, nor shall the council have a separate budget or
direct control over any state funds.
§18B-3C-4. Funding and budgetary needs for higher and other
postsecondary education.
(a) The HOPE council shall analyze the accounts in the
state budget that address or impact upon higher education and
other postsecondary educational opportunities, review budgetary
needs and revenue sources, and make recommendations regarding
the governor's proposed budget and the redirection of
resources. In making such recommendations, the HOPE council
shall educate themselves on the availability of and eligibility
for federal, local and private funding, with the goal of
maximizing federal, local and private revenues for enhancing
higher education and other postsecondary educational
opportunities.
(b) The HOPE council shall consider statutory changes
necessary to further the intent of this article: Provided, That
any legislative recommendation shall be accompanied by a
proposal or plan for sufficient funding. In exploring all
aspects of funding possibilities, the HOPE council shall
consider innovative, flexible funding such as inter-board and
inter-agency funding and reimbursement and joint funding pools.
(c) The HOPE council shall recommend fiscal incentives for
institutions offering higher and other postsecondary education
that adopt and implement policies and programs that result in
substantial cost savings. Any resulting savings shall be
retained by the school, state institution of higher education,
board, commission or other public entity responsible for the
savings.
§18B-3C-5. Increased enrollment.
(a) The HOPE council shall work to increase all West
Virginians' preparedness for, awareness of, interest in and
access to higher and other postsecondary education through
effective means that include but are not limited to:
(1) marketing programs and other means of disseminating
information illustrating the benefits of higher and other
postsecondary education, including information regarding
lifetime earning potential projections and specific job
opportunities which require higher or other postsecondary
education;
(2) clear definitions of expectations and needs regarding
academic competencies required for success in higher and other
postsecondary educational programs;
(3) utilization of students, alumni, advisory councils,
and and business and community leaders to promote the
importance of education;
(4) coordinated information systems and examples of forms,
including admission and other forms, designed to provide people
with complete, easy-to-read information on higher and other
postsecondary education and to simplify the admissions process;
(5) public information whereby citizens can receive
information on higher and other postsecondary education which
may include television programs, public service announcements
and any other effective means of providing information on,
communicating or promoting higher and other postsecondary
education, including an expansion of "Project Go" and other
computerized services intended to designate appropriate
institutions of higher education to meet the goals, needs and
abilities of potential students;
(6) support, assistance and encouragement to currently
enrolled students and other citizens, especially in minority or
other groups under-represented in the postsecondary student
population, who may need same to begin or return to higher or
other postsecondary education, which shall include an expansion
of the federally funded talent search project;
(b) As to students currently enrolled in elementary and
secondary school programs, the council shall work to increase
their preparedness for, awareness of, interest in and access to
higher and other postsecondary education through effective
means that include but are not limited to:
(1) having college student volunteers tutor in theelementary and secondary schools;
(2) providing career counseling to each student, with at
least two in-depth sessions, including one during the middle or
junior high school years;
(3) emphasizing strong basis skills in math, science and
communication, together with total wellness concepts that
recognize the link between good physical health and mental
aptitude;
(4) eliminating the general curriculum and, instead,
focusing on college preparation, technical preparation ("tech
prep") or occupational preparation;
(5) developing and signing onto a high school curriculum
plan for each eighth grade student that steers each student
into appropriate career directions without setting up
limitations and educational and career barriers for any
student;
(6) organizing at least annually career day programs and
career fairs and inviting guest lecturers in careers requiring
higher or other postsecondary education;
(7) developing an early warning system for elementary and
secondary school students to identify academic deficiencies,
which includes an opportunity for each student to be evaluated
and assesses each student's progress regarding potential entry
into postsecondary education by each student's tenth grade
year;
(8) providing sequential assessment in junior and senior
high school to periodically measure student academic
achievement, utilizing such means of assessment as theeducation planning and assessment system (EPAS) offered by
American College Testing (ACT);
(9) providing information on financing postsecondary
education to each sixth grade student;
(10) extending by the nineteen ninety-three -- ninety-four
school year to students entering the ninth grade the warranty
of proficiency that is given in the form of a certificate of
proficiency in basic skills to public school system graduates
that enables them to return to the public school system to
receive additional schooling in the areas where proficiency is
lacking;
(11) informing each eleventh grade student, by the
mid-point of the eleventh grade year, of standardized
test-taking requirements for college entrance, providing
instruction on how to prepare for such tests, explaining
college application procedures, and providing financial aid
information;
(12) assisting students in the twelfth grade with
admission and financial aid forms;
(13) exposing each student to a college campus through at
least one visit to a college campus and providing opportunities
for high school juniors and seniors to spend time on campus;
(14) expanding college courses offered in high schools and
enrolling advanced high school students in college courses;
(c) As to non-traditional students, the council shall
work to increase their preparedness for, awareness of, interest
in and access to higher and other postsecondary education
through effective means that include but are not limited to:
(1) outreach in familiar environments by community
organizations and by employment services and public assistance
organizations;
(2) development of a retraining fund for persons who have
been in the workforce for four or more years;
(3) provision of child care services;
(4) college recruitment programs for retired military
personnel;
(5) advisory groups of employees and trade councils;
(6) institution of courses attractive and available to
business and industry employees and employers who require
advanced training or retraining;
(7) funding for rapid responses to the needs of business
and industry, making courses available when needed and where
needed without developing permanent programs, including at
least one million dollars appropriated to the West Virginia
Development Office for a competitive grant program;
(8) courses at locations and times convenient for students
with families and/or jobs, such as modular courses in
non-traditional formats and at non-traditional times such as on
weekends;
(9) work toward an amendment of federal law to allow
unemployed workers to become full-time students without losing
benefits;
(10) sensitivity training for faculty, staff and students
regarding cultural diversity; and
(11) coordinating in-service training for all faculty and
staff to inform them of the requirements of public law 101-336,the Americans with disabilities act, and any amendments
thereto, to sensitize them to the needs of individuals with
disabilities.
§18B-3C-6. Student financing and cost of providing higher and
other postsecondary education.
(a) In addition to other provisions in this article and
code relating to student financing of higher and other
postsecondary education, the HOPE council shall address issues
regarding the cost of higher and other postsecondary education
in an attempt to render such education more affordable and
shall utilize effective means that include but are not limited
to:
(1) recommending increases in available funds for grants
and loans, including the higher education grant program created
pursuant to article five, chapter eighteen-c of this code;
(2) encouraging new student aid funded primarily from
local community resources in return for the future performance
of public service jobs by students receiving such aid;
(3) facilitating the sale of offering of bonds pursuant to
the individual higher education savings plan program set forth
in section five, article nine-d, chapter eighteen of this code;
(4) publicizing the availability of unsubsidized
guaranteed loans;
(5) arranging for the publication of clear brochures about
applying for financial aid and make same widely available in
convenient locations;
(6) addressing the financial needs and sources of funds
for state institutions of higher education so that tuition andfees for state residents are no more than the median of fees
for comparable institutions within the southern regional
education board area and so that, beginning with the school
year beginning on the first day of July, one thousand nine
hundred ninety-five, and continuing thereafter, tuition and
fees for non-resident students covers the full cost of
instruction at state institutions of higher education;
(7) assisting the governing boards with the development of
flexible means for the payment of tuition and fees, including
installment payment plans, and payment by credit card or other
commonly accepted form of credit;
(8) assisting the governing boards with the development of
policies which minimize textbook changes, utilize textbooks
system-wide and statewide to the extent possible and require
that each campus implement a textbook exchange program, which
program shall be extended system-wide and statewide; and
(9) exploring ways that students can earn money while
having higher and other postsecondary educational
opportunities;
(b) In addition to other provisions in this article and
code relating to fiscal efficiency and accountability in the
provision of higher and other postsecondary education, the HOPE
council shall address issues regarding the cost of higher and
other postsecondary education in an attempt to reduce the cost
of providing such education and shall utilize effective means
that include but are not limited to:
(1) assisting with the expansion of computer-assisted
instruction and technological delivery, including the expandeduse of public libraries for this delivery; the integration to
the greatest extent possible of the higher education, public
education and public library systems; the delivery of the
general education core curriculum by technology-based
instruction; and other distance learning technologies set forth
in section two-a, article five, chapter ten of this code;
(2) as regards the general education core curriculum,
facilitating the establishment of standards and strategies for
assessing student learning of the technology-based instruction,
including standards for minimum competencies in basic skill
areas, higher order thinking skills, and general knowledge,
utilizing the college assessment of academic proficiency (CAAP)
component of the educational planning and assessment system
(EPAS) offered by American College Testing (ACT); and
(3) recommending the elimination duplicate programs.
§18B-3C-7. Succeeding in higher and other postsecondary
education endeavors.
(a) The HOPE council shall facilitate the adoption of
policies and the implementation of programs that assist
students currently enrolled in higher education and other
postsecondary educational programs in completing such programs,
such policies and programs to include but not be limited to:
(1) standard systems for assessing students and their
proficiency for entrance and placement in either college-level
credit courses or non-credit development courses and periodic
evaluations of these systems;
(2) procedures to monitor individual student progress and
assess student proficiencies during the second year ofenrollment;
(3) counseling and academic advising services that give
students an understanding of the academic program requirements
necessary for successful program or degree completion, with a
view toward each student's career goals, which services should
be accessible to the student in terms of the hours that student
service offices are open and the location of such services;
(4) other student support services such as library access,
prompt interaction with peers and instructors, and peer
mentoring for new students;
(5) course reviews intended to assure that full-time
undergraduate students can earn degrees in a reasonable length
of time, to minimize the amount of additional course work that
must be taken at less convenient times and locations before an
undergraduate degree may be completed, and to ensure that the
sequence and availability of academic programs and courses is
such that students have the maximum opportunity to complete
programs in the timeframe normally associated with program
completion; and
(6) transferability of course work credits, especially
core course work credits, among the state institutions of
higher education in each system, between the systems, and with
private colleges and universities, including transferabiltiy of
core coursework completed at any state institution of higher
education to another state institution of higher education at
the grade earned.
(b) The HOPE council shall facilitate the adoption of
policies and the implementation of programs that assiststudents currently enrolled in higher education and other
postsecondary educational programs in completing such programs,
such policies and programs to include but not be limited to:
(1) a smooth transition from secondary and postsecondary
vocational programs to associate degree programs, including the
provision of enough resources to meet the influx of students
from vocational programs;
(2) encouragement to each student to complete the
associate degree even if that student intends to earn a higher
education bachelor's degree through appropriate counseling
services;
(3) encouragement to each student, after completion of the
associate degree, to continue toward a higher education
bachelor's degree through appropriate counseling services;
(4) facilitation of the completion of the associate degree
and the continuation of education to completion of a higher
education bachelor's degree by providing more "two plus two"
programs which combine two-year associate degree programs with
two more years of study toward a bachelor's degree;
(c) While encouraging all students to receive as much
higher or other postsecondary education as their means and
circumstances may allow, the HOPE council shall recognize the
appropriateness of technical certificates and associate
degrees, shall not treat the programs as second-class programs,
and shall give attention to such programs through effective
means that include but are not limited to:
(1) cooperation between private, public and higher
education in the delivery of vocational, occupational andtechnical programs and courses, including the sharing of
advanced technology;
(2) competitive grants administered by the joint
commission on vocational-technical-occupational education as
set forth in article three-a of this chapter, with priority
given to grants intended to match state and federal funds for
expansion of technical preparation programs; and
(3) definitions regarding expectations for secondary and
associate degree levels programs and the successful completion
thereof.
(d) The HOPE council shall assure that the higher and
other postsecondary education offered in this state prepares
the student for entering the workforce through effective means
that include but are not limited to:
(1) utilizing campus-level, system-wide and statewide
advisory groups, assess workforce, business and industry, and
market needs; prepare students for specialized and other
careers that meet these needs; regularly review and revise
programs and curricula designed to train for specialized and
other careers that meet the workforce needs; and develop new
programs and phase out or modify existing programs as
appropriate to meet workforce, business and industry, and
market needs;
(2) emphasizing science and technology courses;
(3) encouraging the establishment of courses and programs
which incorporate into the curriculum field placements,
internships, cooperative or apprenticeship components,
on-the-job training, service internships and/or workexperiences;
(4) facilitating the study of the placement of the
patterns of students receiving a general education degree to
assess the effectiveness of the general education experience,
using studies required of accrediting bodies;
(5) assuring that graduates meet performance standards
through national accreditation and through outcome assessments
of graduates determined through such means as follow-up studies
of performances on licensure exams and other objective indicia
of meeting performance standards and surveys and interviews
with subsequent employers;
(6) recommending ways to streamline procedures for
designing and implementing customized training programs to
meeting the needs of employers for specific programs of limited
duration;
(e) The HOPE council shall assist students who have
completed higher and other postsecondary education in finding
suitable employment through effective means that include but
are not limited to:
(1) coordinating the maintenance of a statewide job bank
for persons holding vocational, associate and college degrees;
(2) inviting committees of private citizens and business
leaders to identify workforce needs, expand opportunities and
aid in job placement;
(3) making recommendations regarding resource placement
based on economic realities and job opportunities;(4)
periodically assessing employee supply and job demands in order
to make recommendations regarding the adjustment of programs toaccommodate employment needs and produce appropriate number of
graduates;
(5) assisting with the development of systems for
enrollment management so that the number of students
corresponds to the demand for graduates in that area of
training;
(6) recommending increases in admission and graduation
standards in programs producing too many graduates;
(f) The HOPE council shall facilitate the provision of
evaluative feedback to the public and private secondary schools
in this state to determine the effectiveness of the educational
experience and the performance of their alumni through periodic
studies of its graduates and reports to the schools, which
feedback shall include information relating to:
(1) the graduates' general readiness for higher and other
postsecondary educational experiences;
(2) student performance levels; and
(3) job offers and job placement to the extent such
information is available.
(g) The HOPE council shall facilitate the provision of
evaluative feedback to higher education institutions and other
postsecondary schools in this state to determine the
effectiveness of the educational experience and the job
placement of their alumni through periodic studies of its
graduates and reports to the schools, which feedback shall,
where appropriate, make use of studies required of many
academic disciplines by their accrediting bodies and shall
include information relating to:
(1) the graduates' general readiness for additional higher
and other postsecondary educational experiences or for entry
into the workforce;
(2) job offers and job placement; and
(3) general evaluative information regarding the
graduates' employment performance levels.
§18B-3C-8 Interaction among the state's education
professionals.
(a) The HOPE council shall encourage interaction among
elementary, secondary, postsecondary and higher education
faculty and counselors through effective means that include but
are not limited to:
(1) communications and academic alliances among educators
in similar academic fields, especially among middle and high
school counselors and higher education personnel in student
advising roles, regarding academic standards, expectations and
needs;
(2) strategies to ensure that school counselors are well
informed about the efforts of the council to help students
prepare for, be aware of and interested in, and have access to
higher education and other postsecondary educational
opportunities;
(b) The HOPE council shall facilitate the coordination of
secondary, postsecondary and higher education programs through
effective means that include but are not limited to:
(1) administration of community colleges and technical
schools in a single system;
(2) post-baccalaureate courses for teachers that are moresubject-matter based; and
(3) professional development opportunities.
§18B-3C-9. Assistance for students with disabilities.
(a) The HOPE council shall coordinate efforts among the
state institutions of higher education to work with educational
professionals in the public and private elementary and
secondary schools to increase training, education and awareness
regarding individuals with disabilities and to develop and
implement the adolescent plan for transition services.
(b) The HOPE council shall encourage schools and
educational institutions to solicit input, advice and
consultation regarding issues that impact individuals with
disabilities through an advisory disability council established
at the schools and institutions. Membership on the disability
council should include individuals with disabilities, teachers
and faculty members, parents, agency representatives,
principals or other administrative personnel, counselors, and
others whose input would be helpful to the counsel. The HOPE
council shall encourage that each school or institution with an
advisory council make every effort to coordinate with existing
community networks and give them appropriate representation on
the council.
(c) The HOPE council shall may make recommendations
regarding teacher education training to enable future teachers
to meet the unique educational needs of individuals with
disabilities.
(d) The HOPE council shall coordinate the dissemination of
information about programs, services and activities forindividuals with disabilities and shall make recommendations to
facilitate the development of a public relations program
regarding services available for individuals with disabilities.
(e) The HOPE council shall recommend funding sources for
services and equipment for individuals with disabilities and
shall facilitate written agreements between or among agencies
and foundations that provide direct or support services to
individuals with disabilities.
(f) The Hope Council shall examine and make
recommendations for the modification of existing enrollment
procedures to better facilitate timely identification of
students with disabilities who should be provided the
opportunity of higher and other postsecondary education and the
resources necessary to meet that objective.
(g) The HOPE council shall encourage the development of an
orientation program for education professionals, students and
parents concerning student disabilities and availability of
services.
(h) The HOPE council shall encourage education personnel
to assist students with disabilities by monitoring the
performance of students; making referrals for counseling and
services, and developing a system that provides students on
probation with counseling and assessment services.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-2. Senior administrator's powers and duties generally.
(a) The senior administrator has a ministerial duty, in
consultation with and under direction of the chancellors, to
perform such functions, tasks and duties as may be necessary tocarry out the policy directives of the governing boards and
such other duties as may be prescribed by law.
(b) The senior administrator may employ and discharge, and
shall supervise, such professional, administrative, clerical
and other employees as may be necessary to these duties and
shall delineate staff responsibilities as deemed desirable and
appropriate. The senior administrator shall fix the
compensation and emoluments of such employees:
Provided, That
effective the first day of July, one thousand nine hundred
ninety, those employees whose job duties meet criteria listed
in the system of job classifications as stated in article nine
of this chapter shall be accorded the job title, compensation
and rights established in said article as well as all other
rights and privileges accorded classified employees by the
provisions of this code.
(c) The senior administrator shall follow state and
national educational trends and gather data on higher
educational needs.
(d) The senior administrator, in accordance with
established guidelines and in consultation with and under the
direction of the chancellors, shall administer, oversee or
monitor all state and federal student assistance and support
programs administered on the state level, including those
provided for in chapter eighteen-c of this code.
(e) The senior administrator has a fiduciary
responsibility to administer the tuition and registration fee
capital improvement revenue bond accounts of the governing
boards.
(f) The senior administrator shall administer the
purchasing system or systems of the governing boards.
(g) The senior administrator shall be responsible for the
management of the West Virginia network for educational
telecomputing (WVNET). The senior administrator shall
establish a computer policy board, which shall be
representative of both the university system and the college
system. It shall be the responsibility of the computer policy
board to recommend to the secretary of the department of
education and the arts policies for a statewide shared computer
system.
(h) Any program or service
currently administered by the
board of regents authorized or required to be performed by the
governing boards and not specifically assigned to the board of
trustees or the board of directors may be administered by the
senior administrator. Such program or service may include, but
shall not be limited to, telecommunications activities and
other programs and services provided for under grants and
contracts from federal and other external funding sources.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-1. Budget appropriations.
The budget appropriations for the state system of higher
education under this chapter and other provisions of law shall
consist of three major areas of appropriation consisting of (1)
an appropriation for the higher education governing boards
which shall be for the operation of the governing boards, the
central office, the senior administrator and the staff of the
senior administrator, (2) separate control accounts orinstitutional control accounts, or some combination of such
accounts, for appropriations to the board of trustees to be
allocated to the institutions under the state university system
and to the board of directors to be allocated to the state
college system, and (3) such special tuition and registration
fee special capital improvement funds and revenue bond funds as
may be necessary for the disposition of tuition and
registration fee collections to protect the interests of all
holders of obligations for which such fees were pledged by the
board of regents and shall remain pledged under the governing
boards.
The appropriations for the state university system and the
state college system until the first day of July, one thousand
nine hundred ninety-one, shall be in the same percentages of
the total of the appropriations to such accounts as the
percentages of the combined institutions under such systems
received in allocations in the fiscal year one thousand nine
hundred eighty-eight--eighty-nine.
§18B-5-2. Resource allocation model and policies; allocation
of appropriations.
(a) To promote the missions and achieve the goals and
objectives of the systems under their jurisdiction and to
provide information and guidance for the allocation of funding
between the two systems in an equitable manner, the governing
boards, through the central office, shall develop a resource
allocation model for the allocation of general revenue funds
appropriated for the state system of higher education. In
developing the resource allocation model, the boards shallconsider such factors as peer institution information,
enrollment information, and such other data as shall further an
equitable distribution of general revenue funds for higher
education. The governing boards, through the central office,
shall develop the model prior to the first day of July, one
thousand nine hundred ninety-three, and may modify the model
thereafter.
At such time as budget information for the next fiscal
year shall be due, each year the governing boards shall make
allocation decisions for the upcoming fiscal year in accordance
with the model then in effect and shall inform the secretary of
education and the arts of the division of the recommended
appropriation for higher education for submission to the
appropriate state agency for incorporation in the executive
budget. The governing boards shall provide such other
information as may be requested by the the secretary of
education and the arts to support the allocation division.
Prior to the first day of January of each year the governing
boards shall present this and any other appropriate information
to the Legislature to support the proposed allocation of
appropriation as between the governing boards.
(b) To promote the missions and achieve the goals and
objectives of the institutions under the jurisdiction of the
board of trustees and board of directors and to provide
information and guidance for the allocation of funding among
the institutions in the separate systems in an equitable manner
in relation to their missions, goals and objectives, the board
of trustees and the board of directors shall each develop aresource allocation policy based on comparative information
which includes the following factors:
(1) peer institution information, including information
regarding average faculty/student ratios and average faculty
salaries by discipline for similar institutions in member
states of the southern regional education board and average per
student appropriations in member states of the southern
regional education board so as to accommodate and attain
equivalent average faculty/student ratios, faculty salaries and
per student appropriations;
(2) enrollment information, including resident/nonresident
information;
(3) data on institutional programs, scope and diversity;
(4) institutional quality and performance as measured by
objective criteria.
Each governing board shall develop its policy prior to the
first day of January, one thousand nine hundred ninety-four,
and shall present the policy to the legislative oversight
commission on education accountability for review and the
secretary of education and the arts for review and approval.
The governing boards may modify its model thereafter, such
modification to be submitted to the legislative oversight
commission on education accountability for review and to the
secretary of education and the arts for review and approval.
Upon approval of the resource allocation model, each
governing board, prior to the first day of January of each
year, shall present information to the secretary of education
and the arts and the Legislature which sets forth theallocation decisions made by the respective governing boards
for the then current fiscal year based on the model then in
effect, and the allocation decisions proposed for the next
year, based on the model in effect for the next succeeding
fiscal year.
(c) From appropriations to the institutional control
accounts of the respective governing boards for allocation to
the state institutions of higher education under their
jurisdiction, the governing boards shall allocate all such
funds above the amounts actually allocated from appropriations
for fiscal year one thousand nine hundred ninety-three to their
respective institutions proportional to such amounts as are
indicated by application of the resource allocation model then
in effect.
For fiscal year one thousand nine hundred ninety-four, all
funds appropriated for salary increases at the state
institutions of higher education and all funds that are in
excess of the funds received by the governing boards for
expenditure by the state institutions of higher education for
fiscal year one thousand nine hundred ninety-three shall be
allocated in accordance with the governing board's
institutional resource allocation model to the extent that a
model has been approved in accordance with the provisions of
subsection (b) of this section.
(d) From appropriations for the higher education governing
boards, the governing boards shall jointly allocate funds for
the operation of the central office under the senior
administrator and shall share equally the cost of suitableoffices for the senior administrator and other staff in
Charleston.
(e) Any tuition and registration fee collections paid into
tuition and registration fee special capital improvement funds
and special revenue bond funds which accrue in excess of the
amounts necessary to protect the interests of all holders of
obligations for which such fees were pledged by the board of
regents and shall remain pledged under the governing boards,
shall be allocated to each governing board in proportion to the
amounts of such fees collected through the institutions under
its jurisdiction and shall be deposited in special capital
improvement funds in the state treasury under the name of the
governing board for expenditure for capital improvements at the
institutions under the appropriate board's jurisdiction.
§18B-5-2a. Authorizing certain transfers within and among
general and special revenue accounts of state
institutions of higher education.
(a) In accordance with the provisions of section
seventeen, article two, chapter five-a of this code, the
transfer of amounts between items of appropriations, or the
transfer of moneys in a special account established for a
particular purpose into another account for expenditure for
another purpose, are specifically authorized for a spending
unit under the jurisdiction of the governing boards subject to
the following conditions:
(1) The president, or other administrative head, and a
majority of the board of advisors of a state institution of
higher education approves such a transfer, and the presidentsubmits a written request for such a transfer to the secretary
of education and the arts, the appropriate governing board, the
legislative auditor and the legislative oversight commission on
education accountability;
(2) The secretary of education and the arts, after
consultation with the appropriate governing board, the
legislative auditor and the legislative oversight commission on
education accountability, gives written approval to such a
request for a transfer and follows such procedures as may be
required by the secretary of administration, the auditor and
the treasurer to effect such a transfer prior to any
expenditure of the moneys so transferred;
(3) Such a transfer does not increase the moneys allocated
or appropriated to personal services, unless such transfer to
personal services shall be for the employment of personnel for
summer school, and then only in such amounts as mandated for
salary purposes by articles eight and nine of this chapter, or
unless a quarterly allotment of funds pursuant to section
fifteen, article two, chapter five-a of this code is
insufficient to meet the appropriated personal services budget
of the spending unit in that fiscal quarter, in which case,
such a transfer may only be made to meet such an insufficiency
and shall be accompanied by a pledge to replace such funds in
the original accounts by the end of that fiscal year;
(4) Not more than ten percent of the total allocation or
appropriation in any general revenue account of a state
institution of higher education may be transferred between the
items of allocation or appropriation thereof or between theaccounts established for such institution;
(5) The transfer of moneys in a special account
established for a particular purpose into another account for
expenditure for another purpose shall not exceed such amounts
as are determined by the president, or other administrative
head, of the institution to be in excess of that reasonably
required to accomplish the purposes for which the account was
established, unless such excess balances are insufficient to
provide the amounts necessary for a temporary transfer in the
case of a quarterly allotment which is insufficient to meet the
appropriated personal services budget;
(6) Funds may not be transferred pursuant to this
subsection from accounts established under sections two, three
and twelve, article ten of this chapter; and
(7) Funds in any general or special account established
for a specific state institution of higher education shall not
be transferred pursuant to this section for use by another
state institution of higher education.
(b) Notwithstanding the procedures set forth in subsection
(a) of this section, except to the extent that the section
explicitly relates to transfers due to quarterly allotment
insufficiencies, and notwithstanding any other provision of
this code to the contrary, if a quarterly allocation of
appropriations from the general revenue fund to the respective
governing boards is insufficient to meet the cash flow needs
within their respective systems to meet their payroll
requirements, the boards may authorize the institutions to
transfer funds from the various special revenue accounts undertheir jurisdiction to meet these needs, except funds whose use
is governed by bonding covenants:
Provided,
That the amounts
of funds so transferred shall be restored to the accounts from
which the transfers were made by the end of the fiscal year in
which the transfers occurred:
Provided, however,
That if such
amounts are not repaid within the fiscal year then the next
quarterly allotment shall be withheld:
Provided further,
That
the respective spending units have first pursued appropriate
administrative remedies to avoid anticipated cash flow
shortages:
And provided further,
That nothing herein restricts
the ability of the boards to respond to reductions of
appropriations imposed in accordance with article two, chapter
five-a of this code within the restoration period.
(c) If, due to increased efficiency in operations, a state
institution of higher education accumulates balances in any of
its accounts, or accounts established for the institution by
its governing board, which are in excess of the amounts needed
to accomplish the purposes for which the accounts were
established, either general or special revenue, the institution
may employ the transfer provisions established in subsection
(a) paragraphs (1) and (2) of this section to transfer such
excess balances into a special efficiency surplus revolving
fund which shall be created in the state treasury for the
institution and which shall be carried forward into the
subsequent fiscal years. In the case of such transfers, the
president shall, in addition to the request for a transfer,
also submit to the secretary of education and the arts, the
appropriate governing board, the legislative auditor and thelegislative oversight commission on education accountability,
documentation of the efficiencies accomplished which resulted
in the excess balance. Funds transferred into the special
surplus fund of an institution shall be budgeted by the
president, or other administrative head, of the institution in
consultation with the faculty senate and student government
organization to meet the highest academic priorities of the
institution: Provided, That such funds may not be used to
support a continuing operation or expense unless the
efficiencies which resulted in such funds becoming available
are likewise continuing: Provided, however, That the
restrictions on fund transfers set forth in subsection (a)
paragraphs (3), (4), (5) and (6) of this section shall not
apply to transfers to the efficiency surplus revolving fund:
Provided, further, That the restriction set forth in subsection
(a) paragraph (7) of this section shall apply to such
transfers.
ARTICLE 6. OTHER BOARDS AND ADVISORY COUNCILS.
§18B-6-1. Institutional boards of advisors.
(a) There shall be established at each state institution
of higher education, hereinafter referred to as the
"institution," excluding centers and branches thereof, an
institutional board of advisors. The board of advisors shall
consist of eleven members, including an administrative officer
of the institution appointed by the president of the
institution; a full-time member of the faculty with the rank of
instructor or above duly elected by the faculty; a member of
the student body in good academic standing, enrolled forcollege credit work and duly elected by the student body; a
member of the institutional classified staff duly elected by
the classified staff; and, appointed by the appropriate
governing board, seven lay citizens of the state who have
demonstrated a sincere interest in and concern for the welfare
of that institution and who are representative of its
population and fields of study, including at least two alumni
of the institution. Of the seven lay citizen members, no more
than four may be of the same political party.
The administrative officer, faculty member, student member
and classified staff member shall serve for a term of one year,
and the seven lay citizen members shall serve terms of four
years each. All members, except the administrative officer,
shall be eligible to succeed themselves for no more than one
additional term. A vacancy in an unexpired term of a member
shall be filled within sixty days of the occurrence thereof in
the same manner as the original appointment or election.
Except in the case of a vacancy, all elections shall be held
and all appointments shall be made no later than the thirtieth
day of April preceding the commencement of the term.
Each board of advisors shall hold a regular meeting at
least quarterly, commencing in July of each year. Additional
meetings may be held upon the call of the chairman, president
of the institution, or upon the written request of at least
four members. A majority of the members shall constitute a
quorum for conducting the business of the board of advisors.
(b) One of the seven lay citizen members shall be elected
as chairman by the board of advisors in July of each year: Provided, That no member shall serve as chairman for more than
two consecutive years at a time.
The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall
be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their official duties
under this section upon presentation of an itemized sworn
statement thereof. All expenses incurred by the board of
advisors and the institution under this section shall be paid
from funds allocated to the institution for such purpose.
(c) The board of advisors shall review, prior to the
submission by the president to its governing board, all
proposals of the institution in the areas of mission, academic
programs, budget, capital facilities and such other matters as
requested by the president of the institution or its governing
board or otherwise assigned to it by law. The board of
advisors shall comment on each such proposal in writing, with
such recommendations for concurrence therein or revision or
rejection thereof as it deems proper. Such written comments
and recommendations shall accompany the proposal to the
governing board, and the governing board shall include such
comments and recommendations in its consideration of and action
on the proposal. The governing board shall promptly
acknowledge receipt of the comments and recommendations and
shall notify the board of advisors in writing of any action
taken thereon.
(d) Upon request therefor in writing by the president ofthe institution, the board of advisors may authorize transfers
between items of allocation or appropriation in accordance with
the provisions of section nineteen-a, article two, chapter
five-a of this code.
(e) The board of advisors shall review, prior to their
implementation by the president, all proposals regarding
institution-wide personnel policies. The board of advisors may
comment on such proposals in writing.
(f) The board of advisors shall provide advice and
assistance to the president in establishing closer connections
between higher education and business, labor, government,
community and economic development organizations and to taking
such other steps as may further the duties of the governor's
council on higher and postsecondary education set forth in
article three-c of this chapter. The administrative officer of
the institution serving on the advisory council may be assigned
the responsibility for coordinating the institution's
activities related to economic development.
(f) (g) Upon the occurrence of a vacancy in the office of
president of the institution, the board of advisors shall serve
as a search and screening committee for candidates to fill the
vacancy under guidelines established by its governing board.
When serving as a search and screening committee, the board of
advisors and its governing board are each authorized to appoint
up to three additional persons to serve on the committee as
long as the search and screening process is in effect. The
three additional appointees of the board of advisors shall be
faculty members of the institution. Only for the purposes ofthe search and screening process, such additional members shall
possess the same powers and rights as the regular members of
the board of advisors, including reimbursement for all
reasonable and necessary expenses actually incurred. Following
the search and screening process, the committee shall submit
the names of at least three candidates to the governing board
for consideration and appointment. If the governing board
rejects all candidates so submitted, the committee shall submit
the names of at least three additional candidates, and this
process shall be repeated until the governing board appoints
one of the candidates so submitted. The governing board shall
provide all necessary staff assistance to the board of advisors
in its role as a search and screening committee.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-6. Adjunct faculty.
Before the first day of January, one thousand nine hundred
ninety-four, each governing board, with the advice and
assistance of the faculty senates, shall establish a policy
regarding the role of adjunct faculty at state institutions of
higher education and define an appropriate balance between
full-time and adjunct faculty members.
§18B-7-7. Professional productivity.
Before the first day of January, one thousand nine hundred
ninety-four, each governing board, with the advice and
assistance of the faculty senates, shall establish a policy
regarding productivity of faculty and administrators, which
policy shall require faculty productivity that is ten percent
more than the average of similar institutions in other statesby the fiscal year one thousand nine hundred ninety-five, such
productivity to be based on the average number of student
credit hours taught, and administrative productivity that is
ten percent more than the average of similar institutions in
other states by the fiscal year one thousand nine hundred
ninety-five.
§18B-7-8. Campus administrators.
Before the first day of January, one thousand nine hundred
ninety-four, each governing board, with the advice and
assistance of the faculty senates, shall establish a policy
requiring all campus administrators to teach at least one
course during each eighteen month employment period or to
perform on-going research in lieu of teaching.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-3. Assignment to salary schedule; actual salary.
(a) On or before the first day of July of each year, each
faculty member then employed shall be given notice by the
appropriate governing board of the placement on the minimum
salary schedule which is appropriate to such faculty member's
years of experience and to which such individual has been
assigned, notwithstanding the actual salary paid under the
provisions of this article.
(b) Each full-time faculty member employed as of the
effective date of this section shall receive for full-time
employment at the same academic rank during the academic year
one thousand nine hundred eighty-nine--ninety ninety-three --
ninety-four, and thereafter, a salary which is no less than the
salary being paid such faculty member for the academic year onethousand nine hundred eighty-eight--eighty-nine ninety-two --
ninety-three. No full-time faculty member shall receive a
salary which is less than the salary for zero years of
experience for the appropriate academic rank as set forth in
section two of this article.
(c) Effective the first day of January July, one thousand
nine hundred ninety-three, each full-time faculty member shall
receive an annual salary increase of two thousand dollars. an
amount equal to five percent of one-half the amount
appropriated and distributed in the fiscal year beginning on
the first day of July, one thousand nine hundred eighty-nine,
for salaries for full-time faculty members shall be distributed
in the following manner: Such amount as may be necessary shall
be distributed to each faculty member who is employed on the
first day of January, one thousand nine hundred ninety, so that
each such employee shall receive for the same employment at the
same academic rank a salary which is at least equal to the
salary being paid such faculty member during the fiscal year
one thousand nine hundred eighty-eight--eighty-nine, and a
salary increase equal to two and one half percent of such
salary. The Legislature may by general appropriation, or the
secretary of the department of education and the arts may
allocate through authority set forth under the provisions of
chapter five-f of this code, funds to be distributed for the
purpose of accommodating market and equity conditions within
the system. Any remaining funds shall be applied in accordance
with the provisions of subsection (d) of this section.
(d) Funds remaining after meeting the salary of each full-time faculty member in accordance with subsections (b) and (c)
of this section shall be used to pay that amount that is the
difference between such salary and the appropriate salary for
each full-time faculty member's appropriate placement on the
schedule: Provided, That such amount may be reduced
proportionately based upon the amount of funds available for
such purpose: Provided, however, That in the case of Marshall
University, the difference between the salary paid a full-time
faculty member and the appropriate salary for the faculty
member's appropriate placement on the salary schedule shall,
for fiscal year one thousand nine hundred eighty-nine--ninety,
be calculated using the minimum salary schedule for full-time
faculty at master's II institutions set forth in section two of
this article.
(e) The salary of any full-time faculty member shall not
be reduced by the provisions of this article.
(f) Upon promotion in rank, placement on the minimum
salary schedule shall be such as to provide a salary increase
of at least ten percent, and shall be at least the amount
prescribed for the appropriate academic rank to which promoted
at zero years of experience.
§18B-8-7. Institutional salary policies; salary
appropriations.
(a) Beginning with the fiscal year one thousand nine
hundred ninety-five, faculty salary increases shall be
distributed within each state institution of higher education
in accordance with a written institutional salary policy which
achieves or moves toward the following goals:
(1) Each full-time faculty member receives at least the
amount indicated by the minimum salary schedules pursuant to
section two of this article;
(2) Each full-time faculty member within a discipline
group, receives a salary which is competitive with those in
similar disciplines at peer institutions;
(3) Faculty are recognized for outstanding performance;
(4) Equity among salaries is maintained; and
(5) The institution's faculty are effectively involved in
the administration of the campus-level faculty salary policy.
(b) For the fiscal year beginning with the first day of
July, one thousand nine hundred ninety-four, an amount equal to
one thousand dollars per full-time faculty member shall be
appropriated and distributed in that fiscal year for salaries
for full-time faculty members, and, for the fiscal year
beginning with the first day of July, one thousand nine hundred
ninety-five, an amount equal to two thousand dollars per
full-time faculty member shall be appropriated and distributed
in that fiscal year for salaries for full-time faculty members,
such distribution to be in accordance with the resource
allocation policies developed pursuant to the provisions of
section two, article five of this chapter and the salary
policies required in subsection (a) of this section.
(c) Any funding which a state institution of higher
education may receive in excess of the amounts required to fund
a state-mandated salary increase shall be used to address the
institution's highest academic priorities and shall not be used
for granting additional general salary increases if the goalsset forth in subsection (a) of this section have been met.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND
CLASSIFICATION SYSTEM.
§18B-9-4. Establishment and implementation of personnel
classification system; institutional salary
policies; salary appropriations.
(a) Before the first day of July, one thousand nine
hundred ninety, the governing boards shall establish by rule
and implement an equitable system of job classifications, each
classification to consist of related job titles and
corresponding job descriptions for each position within a
classification, together with the designation of an appropriate
pay grade for each job title, which system shall be the same
for corresponding positions in institutions under both boards.
The system of job classifications shall be submitted to the
secretary of education and the arts for review and approval
prior to implementation on said date.
By such date and with consideration to recommendations of
the institutions, the appropriate governing board shall furnish
each classified employee written confirmation of the assignment
to the appropriate classification, job title and pay grade and
of the proper placement on the salary schedule pursuant to
section three of this article notwithstanding the actual salary
paid. Such assignment may be appealed in accordance with
article twenty-nine of chapter eighteen of this code:
Provided, That nothing herein shall nullify or void any
personnel classification system in effect immediately prior to
the first day of July, one thousand nine hundred eighty-nine.
(b) By the first day of October, one thousand nine hundred
ninety-three, each governing board shall submit a uniform
employee classification system to the legislative oversight
commission on education accountability for approval in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code. The uniform system shall be
implemented on or before the first day of January, one thousand
nine hundred ninety-four.
(c) Beginning with the fiscal year one thousand nine
hundred ninety-five, classified employee salary increases shall
be distributed within each state institution of higher
education in accordance with a written institutional salary
policy which achieves or moves toward the following goals:
(1) Each full-time classified employee receives at least
the amount indicated by the minimum salary schedules pursuant
to section three of this article;
(2) Each full-time classified employee within a
classification group receives a salary which will achieve
salary equity as defined in the uniform employee classification
system established pursuant to subsection (b) of this section;
(3) Classified employees are recognized for outstanding
performance;
(4) Equity among salaries is maintained; and
(5) The institution's classified employees are effectively
involved in the administration of the campus-level classified
employee salary policy.
(d) For the fiscal year beginning with the first day of
July, one thousand nine hundred ninety-four, an amount equal toseven hundred fifty dollars per full-time classified employee
shall be appropriated and distributed in that fiscal year for
salaries for classified employees, and, for the fiscal year
beginning with the first day of July, one thousand nine hundred
ninety-five, an amount equal to one thousand five hundred
dollars per classified employee shall be appropriated and
distributed in that fiscal year for salaries for classified
employees, such distribution to be in accordance with the
resource allocation policies developed pursuant to the
provisions of section two, article five of this chapter and the
salary policies required in subsection (c) of this section.
§18B-9-5. Classified employee salary.
(a) Each classified employee who is employed by a
governing board on the first day of July, one thousand nine
hundred ninety-onethree, shall receive for the same employment
at the same pay grade during the fiscal year commencing on such
date and thereafter a monthly salary which is at least equal to
one hundred twenty-five dollars more than the final base
monthly salary paid such classified employee for the fiscal
year commencing on the first day of July, one thousand nine
hundred ninety-two, to be paid in equal installments within the
regular pay periods and to be pro-rated for regular part-time
classified employees.
(b) Commencing with the fiscal year beginning on the first
day of July, one thousand nine hundred ninety-one, and each
fiscal year thereafter, each classified employee with three or
more years of experience shall receive an annual salary
increase equal to thirty-six dollars times the employee's yearsof experience: Provided, That such annual salary increase
shall not exceed the amount granted for the maximum of twenty
years of experience. These incremental increases shall be in
lieu of any salary increase received pursuant to section two,
article five, chapter five of this code; shall be in addition
to any across-the-board, cost-of-living or percentage salary
increases which may be granted in any fiscal year by the
Legislature; and shall be paid in like manner as the annual
payment to eligible state employees of the incremental salary
increases based on years of service under the provisions of
section two, article five, chapter five of this code.
(c) Each classified employee whose monthly salary under
subsections (a) and (b) of this section is less than the
minimum monthly salary for zero years of experience for the
appropriate pay grade as set forth in section three of this
article shall receive additional compensation such that the
monthly salary is at least the minimum amount prescribed for
the appropriate pay grade at zero years of experience:
Provided, That such amounts may be reduced proportionately
based upon the amount of funds available for such purpose.
(d) Any funds remaining after increasing the monthly
salary of each classified employee to at least the minimum
amount prescribed for the appropriate pay grade at zero years
of experience shall be used to place classified employees on
the salary schedule at their appropriate years of experience:
Provided, That such amount may be reduced proportionately based
upon the amount of funds available for such purpose.
(e) Any classified employee may receive merit increasesand/or salary adjustments in accordance with policies
established by the board: Provided, That funds for such
increases and/or adjustments shall be distributed in accordance
with rules of the appropriate governing board and shall be
available to all state institutions of higher education on an
equitable basis.
(f) The current monthly salary of any classified employee
may not be reduced by the provisions of this article nor by any
other action inconsistent with the provisions of this article,
and nothing in this article shall be construed to prohibit
promotion of any classified employee to a job title carrying a
higher pay grade if such promotion is in accordance with the
provisions of this article and the personnel classification
system established by the appropriate governing board.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE
INSTITUTIONS OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at educational
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees
for each school term for the different classes or categories of
students enrolling at each state institution of higher
education under its jurisdiction and may include among such
fees any one or more of the following: (1) Health service
fees, (2) infirmary fees, (3) student activities, recreational,
athletic and extracurricular fees, which said fees may be used
to finance a student's attorney to perform legal services for
students in civil matters at such institutions: Provided, That
such legal services shall be limited to only those types ofcases, programs or services approved by the administrative head
of such institution where such legal services are to be
performed; and (4) graduate center fees and branch college
fees, or either, if the establishment and operations of
graduate centers or branch colleges are otherwise authorized by
law. All fees collected at any graduate center or at any
branch college shall be paid into special funds and shall be
used solely for the maintenance and operation of the graduate
center or branch college at which they were collected:
Provided, however, That the maximum fees to be collected under
this section for resident students shall not exceed five
hundred dollars per semester, and for nonresident students, one
thousand dollars per semester: Provided, further, That the
governing boards shall use the median of the average tuition
and required fees at similarly classified institutions in
member states of the southern regional education board as a
goal in establishing tuition and required fee levels for
residents at state institutions of higher education under their
jurisdiction: And provided further, The governing boards shall
use the actual instructional cost, as the same shall be
determined in accordance with board rule, in establishing
nonresident undergraduate residents fees, with the goal of
having tuition and fees cover the actual instructional cost by
fiscal year one thousand nine hundred ninety-six. The schedule
of all fees, and any changes therein, shall be entered in the
minutes of the meeting of the appropriate governing board, and
the board shall file with the legislative auditor a certified
copy of such schedule and changes.
(b) In addition to the fees mentioned in the preceding
paragraph, each governing board may impose and collect a
student union building fee. All such building fees collected
at an institution shall be paid into a special student union
building fund for such institution, which is hereby created in
the state treasury, and shall be used only for the
construction, operation and maintenance of a student union
building or a combination student union and dining hall
building or for the payment of the principal of and interest on
any bond issued to finance part or all of the construction of a
student union building or a combination student union and
dining hall building or the renovation of an existing structure
for use as a student union building or a combination student
union and dining hall building, all as more fully provided in
section ten of this article. Any moneys in such funds not
immediately needed for such purposes may be invested in any
such bonds or other securities as are now or hereafter
authorized as proper investments for state funds.
(c) The boards shall establish the rates to be charged
full-time students enrolled during a regular academic term.
For fee purposes, a full-time undergraduate student shall be
one enrolled for twelve or more credit hours in a regular term,
and a full-time graduate student shall be one enrolled for nine
or more credit hours in a regular term. Undergraduate students
taking less than twelve credit hours in a regular term shall
have their fees reduced pro rata based upon one-twelfth of the
full-time rate per credit hour, and graduate students taking
less than nine credit hours in a regular term shall have theirfees reduced pro rata based upon one-ninth of the full-time
rate per credit hour.
Fees for students enrolled in summer terms or other
non-traditional time periods shall be prorated based upon the
number of credit hours for which the student enrolls in
accordance with the above provisions.
(d) All fees shall be due and payable by the student upon
enrollment and registration for classes. The governing boards
may, however, permit fee payments to be made in two or more
installments, plus interest at a rate to be set by the board,
over the course of the academic term: Provided, That all fees
shall be paid prior to the awarding of course credit at the end
of the term. The governing boards shall take such steps as may
be necessary to enable each institution to accept credit cards
for payment of fees or to accept other payment methods which
may be generally available to students and may authorize an
increase in any fee paid by credit card or other payment method
by an amount that is no more than any cost actually charged to
the institution accepting the credit card or other method of
payment as a cost of providing such services.
(e) The governing boards shall establish rules regarding
the refund of any fees as an erroneous payment upon the
voluntary or involuntary withdrawal from classes of any student
which shall comply with all applicable state and federal law
and shall be uniformly applied throughout the systems.
(f) The governing boards shall establish rules using the
fee structure or other penalties to provide a disincentive for
students to register for classes in excess of the typicalfull-time course load, that being from twelve to eighteen
credit hours for an undergraduate student and from nine to
fifteen credit hours for a graduate student, and then to
withdraw from such excess classes after the semester has begun.
(g) The governing boards shall provide in the rules
governing the award of fee waivers under sections five and six
of this article that service to the state institutions of
higher education may be given consideration in such awards,
with particular consideration given to individuals who provide
services in official institutional programs designed to assist
students covered by the provisions of federal public law
101-336, the Americans with disabilities act.
(c) Refund, as an erroneous payment, may be made of any
such fees upon the voluntary or involuntary withdrawal from
classes of any student until eight weeks of the school semester
or term have expired, but no refund may be made thereafter.
§18B-10-14. Bookstores.
The appropriate governing board of each state institution
of higher education shall have the authority to establish and
operate a bookstore at the institution. The bookstore shall be
operated for the use of the institution itself, including each
of its schools and departments, in making purchases of books,
stationery and other school and office supplies generally
carried in college stores, and for the benefit of students and
faculty members in purchasing such products for their own use,
but no sales shall be made to the general public. The prices
to be charged the institution, the students and the faculty for
such products shall be fixed by the governing board, shall notbe less than the prices fixed by any fair trade agreements, and
shall in all cases include in addition to the purchase price
paid by the bookstore a sufficient handling charge to cover all
expenses incurred for personal and other services, supplies and
equipment, storage, and other operating expenses, to the end
that the prices charged shall be commensurate with the total
cost to the state of operating the bookstore.
Each governing board shall also ensure that bookstores
operated at institutions under its jurisdiction minimize the
costs to students of purchasing textbooks. To meet this
objective, the governing boards may adopt policies which
require the repurchase and resale of textbooks on an
institutional or a statewide basis and provide for the use of
certain basic textbooks for a reasonable number of years.
All moneys derived from the operation of the store shall
be paid into a special revenue fund as provided in section two,
article two, chapter twelve of this code. Each governing board
shall, subject to the approval of the governor, fix and from
time to time change the amount of the revolving fund necessary
for the proper and efficient operation of each bookstore.
Moneys derived from the operation of the bookstore shall
be used first to replenish the stock of goods and to pay the
costs of operating and maintaining the store. From any balance
in the Marshall University bookstore fund not needed for
operation and maintenance and replenishing the stock of goods,
the governing board of that institution shall have authority to
expend a sum not to exceed two hundred thousand dollars for the
construction of quarters to house the bookstore in theuniversity center at Marshall University. Until such quarters
for housing the bookstore are completed, the governing board of
Marshall University and the governor shall take this
authorization into account in fixing the amount of the
revolving fund for the Marshall University bookstore.
ARTICLE 13. HIGHER EDUCATION-INDUSTRY PARTNERSHIPS.
§18B-13-1. Legislative purpose.
A pressing need exists for collaborative research and
development between institutions of higher education and
industry. This need also extends to assisting companies to
develop and adapt to new technology. A commitment by the state
to support cooperative university-industry partnerships will
preserve existing jobs and create new jobs; promote development
of business enterprises and help them become competitive; and
enable West Virginia to achieve the goals of economic growth
and full employment by revitalizing and diversifying the West
Virginia economy. Focused research and technical assistance
efforts related to West Virginia industry will speed such
development, improve technology transfer, assist companies in
becoming growth leaders and link basic research and
technological developments to economic advancement.
It is the purpose of the Legislature to establish the West
Virginia foundation for science and technology to have as its
the state's goals the movement of the state of West Virginia
into the forefront of science and technology by the year two
thousand; the attraction of business, federal contracts and
industry; and the creation of jobs for the people of this
state, through applied science and technology and partnershipprograms. as set forth in this article.
§18B-13-2. The West Virginia foundation for science and
technology.
There is hereby created the West Virginia foundation for
science and technology for the purpose of developing and
implementing the High-Tech 2000 fund as set forth in this
article, and for the awarding of grants and other assistance
as provided herein. Grants shall concentrate on targeted job-
creating industries, processes and research as determined by
the High-Tech 2000 board of trustees according to the strategic
comprehensive plan and grant program required in this article,
but shall include immediate priority for the topics of computer
software, federal contract procurement, flexible manufacturing,
materials handling and distribution, and hardwood
manufacturing.
§18B-13-2. Higher education-industry collaboration and
technical assistance.
Institutions of higher education shall develop a plan to
engage in collaborative projects designed to assist business to
adapt or develop new technology under this article and shall be
eligible to receive financial support through the matching
grant programs defined in this article.
The foundation is authorized and empowered to solicit and
accept financial support from sources, including federal funds,
other than the state. Any institution of higher education
making application for financial support from the foundation
may deposit all or any part of funds received from the special
High-Tech 2000 fund into a special revenue account in the statetreasury which may be established.
§18B-13-4. High-Tech 2000 program for research and technical
assistance.
The High-Tech 2000 board shall have the authority to
allocate any funds available to higher education-industry
projects operating under the provisions of this article. The
amount of the grant may not exceed the level of contribution
from all other sources combined.
The High-Tech 2000 board shall negotiate a contract for
all grants, the terms of which should, if practicable, provide
for payment of negotiated royalties, royalty sharing
arrangements, loans, hybrid-debt equity arrangements, stock
purchase arrangements or other payments to the fund,
established in section five of this article.
The grant program shall bring together, through challenge
or matching grants, partners from the business, industry,
public and educational sectors to develop and apply
technologies which will strengthen existing business and
stimulate the formation of new firms and products including:
(1) Joint partnership research and development projects. -
- Such projects shall require a joint effort of a West Virginia
business or businesses and an institution of higher education
in this state with the purpose of preserving or creating jobs
in this state;
(2) Education and training projects. -- Such projects
shall include employment training or retraining, labor market
and occupational analysis, new courses, sharing of costly
equipment, and educational or technical assistance with smallbusiness innovation centers; and
(3) Entrepreneurial development projects. -- Such projects
shall include technical assistance, development of business
plans, management counseling, technology transfer, and venture
capital assistance, with emphasis on establishing new projects,
processes or services.
§18B-13-5. Special High-Tech 2000 Fund.
There is hereby established a special High-Tech 2000 Fund
to which shall be credited any state appropriations, gifts,
grants or other moneys available to the fund.
§18B-13-6. High-tech 2000 board; grants; authority.
There is hereby created a high-tech 2000 board consisting
of the governor or a designee, the president of West Virginia
university or a designee, the president of Marshall university
or a designee, the president of West Virginia institute of
technology or a designee, the president of Shepherd college or
a designee, the director of the governor's office of economic
and community development or a designee, and four persons from
the private sector who are representative of different
geographic areas of the state, and which such private sector
members shall be appointed to staggered four-year terms by the
governor with the advice and consent of the Senate.
The high-tech 2000 board shall have the authority to
review and approve all applications for grants or funds from
the special high-tech 2000 fund established pursuant to section
five of this article and to establish rules for the
administration of the fund.
Board members representing the private sector shall bereimbursed for all necessary expenses incurred in connection
with the performance of their duties as members.
§18B-13-3. Powers and duties.
The High-Tech 2000 board West Virginia state development
council in consultation with the higher education governing
boards is hereby authorized and directed to develop a strategic
comprehensive plan and grant program to attract new science and
high technology industries, to retain and expand current state
industries through technology and other processes, and to
increase research grants, contracts, matching funds and
procurement arrangements from the federal government, private
industry and other agencies. Such initial, and annually
updated, strategic comprehensive plan shall be developed and
annually filed with the governor and Legislature. The High-
Tech 2000 board shall consult with business, labor and other
agencies of government, including institutions of higher
education, for the purpose of determining such initial, and
annually updated, strategic comprehensive plan.
The High-Tech 2000 board shall establish a grant program,
to be known as the High-Tech 2000 program, to implement the
strategic comprehensive plan.
The High-Tech 2000 board shall establish criteria for the
grant program, and applications provided for herein, together
with contractual provisions to protect the state's interest and
financial commitment to such grant program.
The High-Tech 2000 board West Virginia state development
council in consultation with the higher education governing
boards shall review the work and projects undertaken by thecenter of regional progress, the center for economic research,
the institute for international trade development and the West
Virginia foundation for science and technology.
§18B-13-8. Appointment of the director.
The director of the foundation shall be appointed by the
governor, with the advice and consent of the Senate, from a
list of three persons submitted by the High-Tech 2000 board.
The High-Tech 2000 board shall appoint a search committee of
representatives of the educational, government, business and
labor sectors to solicit and interview candidates for the
position of director, who shall be qualified by knowledge and
experience in the field of business and industry. The search
committee shall present a list of three nominations to the
governor. The director of the governor's office of community
and industrial development shall act as director of the
foundation until the governor shall appoint a director.
The High-Tech 2000 board shall establish a salary for the
director at a level sufficient to attract and retain an
individual of knowledge and experience in the field.
§18B-13-9. Annual reports.
On the first day of January of each year, the director
shall submit a report on the operation of the foundation,
including expenditures from the special High-Tech 2000 Fund, to
the governor and to the Legislature. Such report shall include
a summary of the expenditures from the subject fund and a
complete statement of grants made hereunder.
§18B-13-4. High-Tech 2000 research zones and parks; tax
exemptions.
(a) The governor's office of community and industrial
development state development council shall work with the
county commissions, the municipalities and local development
authorities where state colleges and universities are located,
and shall develop a plan and program for the establishment and
operation of qualifying High-Tech 2000 research zones, parks
and technology centers on or near the campuses of selected
universities and colleges to attract local business and
industry engaged in science and technology related research.
(b) The governor's office of community and industrial
development state development council shall coordinate the
development of such plan and program, which shall include
qualifications for eligible High-Tech 2000 research zones,
parks and research centers and which qualifications shall
require a minimum partnership commitment from the private
sector either in the construction, operation or location of the
research parks or zones or technology centers; and the West
Virginia economic development authority shall have authority to
enter into agreements with state institutions of higher
education, private developers or other interested businesses or
persons to acquire, finance, construct, operate, own, lease or
otherwise manage any research park or zone and to collect
rentals or other forms of payment for the operation of the
research parks or zones or technology centers. Ownership of
the research park or zone shall be in the state of West
Virginia, the West Virginia industry and jobs development
corporation or a governing board.
The West Virginia economic development authority is herebyauthorized either singularly or in conjunction with any county
commission, municipality or local development authority, to
issue special High-Tech 2000 bonds for the purpose of this
section, including, but not limited to, special project revenue
bonds and special user bonds limited to the actual cost of
construction and start-up of any qualifying and approved
research park or zone or technology centers, and improvements
necessary thereto, pursuant to article twelve-b, chapter
eighteen of this code.
(b) Notwithstanding any other provision of this code to
the contrary relating to any other exemptions or credits to
which any business may be entitled under this code, the
following exemptions shall apply to any qualified, approved
High-Tech 2000 research park or zone or technology center:
(1) The enterprise zone tax exemptions as provided in
section five, article two-b, chapter five-b of this code;
(2) A tax credit for qualified business, in the amount of
the workers' compensation premium paid in accordance with
article two, chapter twenty-three of this code, which credit
shall be credited against any corporate net income tax or
personal income tax of the qualified business or liability of
the owners of the qualified business which is a proprietorship
or a partnership;
(3) The deferral for qualified business of all state
corporate net income tax, business and occupation tax,
telecommunications tax, severance tax, business franchise tax,
or other state income tax liability for the start-up period of
the business not to exceed three years, and qualified businessshall be entitled to an exemption from any such deferred tax if
such business both employs at least seven persons on a
full-time basis as of the due date of the deferred tax
liability, and the qualified business maintains an average
employment of at least seven full-time employees over the last
two years of the three year start-up period.
§18B-13-5. Use of state property and equipment; faculty.
(a) The governing boards are authorized to provide for the
low cost and economical use and sharing of state property and
equipment, including computers, research labs and other
scientific and necessary equipment to assist any qualified
business within an approved research park or zone or technology
center. The governing boards shall approve a schedule of
nominal or reduced cost reimbursements to the state for such
use.
(b) The governing boards shall develop and provide for a
program of release time, sabbaticals or other forms of faculty
involvement or participation with any qualifying business.
(c) The Legislature finds that cooperation, communication
and coordination are integral components of higher education's
involvement in economic development. In order to proceed in a
manner that is cost effective and time efficient, it shall be
the duty of the governing boards to review and coordinate such
aspects of the programs administered by the governing boards.
Such review and coordination shall not operate so as to
adversely affect sources of funding nor shall it affect any
statutory characterization of any program as an independent
entity. The governing boards shall report on an annual basisto the Legislature and the governor. The report shall contain
the following information:
(1) The number of seminars and workshops conducted;
(2) The subject matter addressed in each seminar and
workshop;
(3) The number of feasibility studies conducted and the
subject matter contained in each study; and
(4) An accounting of the cost of all travel expenses,
seminars, workshops and feasibility studies.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 5. HIGHER EDUCATION GRANT PROGRAM.
§18C-5-1. Declaration of public need for grant assistance;
establishment of grant program.
The Legislature declares that although enrollments in
institutions of higher education in this state and throughout
the nation continue to increase at a rapid pace, and although
the state now provides a limited grant program for students
attending an institution of higher education in West Virginia,
there continues to exist an underdevelopment of the state's
human talent and resources because of the inability of many
able but needy students to finance a higher educational
program.
The Legislature further declares that the state can
achieve its full economic and social potential only if every
individual has the opportunity to contribute to the full extent
of his capabilities and only if the state assists in removing
such financial barriers to his educational goals as may remain
after the individual has utilized all resources and workopportunities available to him.
It is therefore the policy of the Legislature and the
purpose of this article to establish, within the limits of
appropriations made therefor from time to time by the
Legislature, a broad-scale state grant program designed to
guarantee that the most able and needy students from all
sectors of the state are given the opportunity to continue
their program of self-improvement in an approved institution of
higher education of their choice located in this state.
§18C-5-2. Definitions.
(a) "Approved institution of higher education" means a
state institution of higher education as defined in section
two, article one, chapter eighteen-b of this code, and
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.
(b) "Grant" or "grant program" means a grant or the grant
program authorized and established by the provisions of this
article.
(c) "Senior administrator" means the senior administrator
defined in section two, article one, chapter eighteen-b of this
code.
§18C-5-3. Grant program to be administered by senior
administrator; higher education grant fund created.
The grant program established and authorized by this
article shall be administered by the senior administrator.
Moneys appropriated or otherwise available for such purpose
shall be allocated by line item to an appropriate account of
the governing boards of higher education. Any unexpended
balances remaining in the appropriations for the higher
education grant program at the close of any fiscal year shall
be reappropriated for expenditure in the next fiscal year.
In addition to the funds available for the higher
education grant program pursuant to the repealed sections of
article twenty-two-b, chapter eighteen of this code, there
shall be appropriated an additional one and one-half million
dollars per year for the next five years, beginning with the
fiscal year beginning on the first day of July, one thousand
nine hundred ninety-three so that an additional seven and
one-half million dollars has been added to the fund by fiscal
year one thousand nine hundred ninety-eight so that all
eligible students receive awards covering seventy percent of
the average of tuition and fees charged at state institutions
of higher education.
§18C-5-4. Powers and duties of senior administrator.
Subject to the provisions of this article and within the
limits of appropriations made by the Legislature, the senior
administrator is authorized and empowered: (1) To prepare and
supervise the issuance of public information concerning the
grant program; (2) to prescribe the form and regulate the
submission of applications for grants; (3) administer or
contract for the administration of such examinations as may beprescribed by the senior administrator; (4) select qualified
recipients of grants; (5) award grants; (6) accept grants,
gifts, bequests and devises of real and personal property for
the purposes of the grant program; (7) administer federal and
state financial loan programs; (8) cooperate with approved
institutions of higher education in the state and their
governing boards in the administration of the grant program;
(9) make the final decision pertaining to residency of an
applicant for grant or renewal of grant; (10) employ or engage
such professional, administrative, clerical and other employees
as may be necessary to assist the senior administrator in the
performance of the duties and responsibilities, which employees
shall serve at the will and pleasure and under the direction
and control of the senior administrator; (11) prescribe the
duties and fix the compensation of all such employees; and (12)
promulgate reasonable rules and regulations not inconsistent
with the provisions of this article relating to the
administration of the grant program.
§18C-5-5. Eligibility for a grant.
A person shall be eligible for consideration for a grant
if the person:
(1) Is a citizen of the United States;
(2) Has been a resident of the state for one year
immediately preceding the date of application for a grant or a
renewal of a grant;
(3) Meets the admission requirements of the approved
institution of higher education to which admission is sought,
or meets the admission requirements of a three-year registerednurse diploma program which is offered by a nonprofit West
Virginia hospital and approved by the West Virginia board of
examiners for registered professional nurses and is
subsequently admitted;
(4) Satisfactorily meets the qualifications of financial
need and academic promise, as well as academic achievement, as
established by the senior administrator.
§18C-5-6. Recipients, awards and distribution of awards of
grants; authority of senior administrator to enter into
reciprocal agreements with other states concerning
grants.
The grant recipient shall be free to attend any approved
institution of higher education in this state or any three-year
registered nurse diploma program which is approved by the West
Virginia board of examiners for registered professional nurses
and which is offered at a nonprofit West Virginia hospital.
The institution is not required to accept the grant
recipient for enrollment, but is free to exact compliance with
its own admission requirements, standards and policies.
Grants shall only be made to undergraduate students and to
students enrolled in approved three-year registered nurse
diploma programs, as provided in this article.
Each grant is renewable until the course of study is
completed, but not to exceed an additional three academic years
beyond the first year of the award. These may not necessarily
be consecutive years, and the grant will be terminated if the
student receives a degree in a shorter period of time.
Qualifications for renewal will include maintainingsatisfactory academic standing, making normal progress toward
completion of the course of study and continued eligibility, as
determined by the senior administrator.
Grant awards shall be made without regard to the
applicant's race, creed, color, sex, sexual preference,
national origin or ancestry; and in making grant awards, the
senior administrator shall treat all approved institutions of
higher education in a fair and equitable manner.
The senior administrator from time to time shall identify
areas of professional, vocational and technical expertise that
are, or will be, of critical need in this state and, to the
extent feasible, may direct grants to students that are
pursuing instruction in those areas.
The senior administrator may enter into reciprocal
agreements with state grant and grant program agencies in other
states which provide financial assistance to their residents
attending institutions of higher education located in West
Virginia. In connection therewith, the senior administrator
may authorize residents of West Virginia to use financial
assistance under this article to attend institutions of higher
education in such other states. Residents of West Virginia
requesting financial assistance to attend institutions of
higher education located in any such states must meet all of
the eligibility standards set forth in section five of this
article.
Grant awards shall be limited to the lesser of the payment
of tuition and those related compulsory fees charged by an
institution to all West Virginia undergraduate students, or anamount equal to the average state general fund support for each
full-time equivalent student at state institutions of higher
education for the preceding academic year as calculated by the
senior administrator. Payments of grants shall be made directly
to the institution.
In the event that a grant recipient transfers from one
approved institution of higher education or approved three-year
registered nurse diploma program, to another approved
institution of higher education or approved three-year
registered nurse diploma program, the grant shall be
transferable only with the approval of the senior
administrator.
Should the recipient terminate enrollment for any reason
during the academic year, the unused portion of the grant shall
be returned by the institution to the appropriate governing
board in accordance with the governing board's policy for
issuing refunds, for transfer to the appropriate account and
allocation for expenditure pursuant to the provisions of this
article.
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