COMMITTEE SUBSTITUTE
FOR
H. B. 3215
(By Delegates Doyle, Wysong and Tabb)
(Originating in the Committee on Education)
[January 23, 2008]
A BILL to amend and reenact §18B-1-2 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18B-3C-8 of said
code, all relating to defined terms; statewide network of
independently accredited community and technical colleges;
removing the administrative link between Shepherd University
and Blue Ridge Community and Technical College; designating
Blue Ridge Community and Technical College as a free-standing
community and technical college; and deleting obsolete
provisions.
Be it enacted by the Legislature of West Virginia:
That §18B-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18B-3C-8 of said code be
amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter eighteen-c of this code have the meanings ascribed to them unless
the context clearly indicates a different meaning:
(a)
Effective the first day of July, two thousand seven
"Regional campus" means West Virginia University at Parkersburg;
(b) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a
of this chapter;
(c) "Free-standing community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College,
and Eastern West
Virginia Community and Technical College
and Blue Ridge Community
and Technical College, which may not be operated as branches or
off-campus locations of any other state institution of higher
education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the free-standing community and technical colleges
and other state institutions of higher education which deliver
community and technical college education. This definition
includes Southern West Virginia Community and Technical College,
West Virginia Northern Community and Technical College, Eastern
West Virginia Community and Technical College, New River Community
and Technical College, West Virginia University at Parkersburg,
The Community and Technical College at West Virginia University Institute of Technology, Blue Ridge Community and Technical
College, Marshall Community and Technical College and West Virginia
State Community and Technical College;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
delivery of community and technical college education programs;
(g) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Higher Education Policy Commission", "Policy Commission"
or "Commission" means the Commission created pursuant to section
one, article one-b of this chapter;
(j) "Chancellor for Higher Education" means the chief
executive officer of the Higher Education Policy Commission
employed pursuant to section five, article one-b of this chapter;
(k) "Chancellor for Community and Technical College Education"
means the chief executive officer of the West Virginia Council for
Community and Technical College Education employed pursuant to
section three, article two-b of this chapter;
(l) "Chancellor" means the Chancellor for Higher Education
where the context refers to a function of the Higher Education
Policy Commission. "Chancellor" means Chancellor for Community and
Technical College Education where the context refers to a function of the West Virginia Council for Community and Technical College
Education;
(m) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources in the prior fiscal
year, including, but not limited to, tuition and fees and
legislative appropriation, and any adjustments to that funding as
approved by the Commission or Council based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(n) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education resulting
in or which may result in a two-year associate degree award
including an associate of arts, an associate of science and an
associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit
and noncredit workforce development programs; and transfer and
baccalaureate parallel programs. All such programs are under the
jurisdiction of the Council. Any reference to "post-secondary
vocational education programs" means community and technical
college education programs as defined in this subsection;
(o) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(p)
"Senior administrator" means the "Vice Chancellor for
Administration"
means the person employed in accordance with section two, article four of this chapter.
Any reference in this
chapter or chapter eighteen-c of this code to "Senior
Administrator" means Vice Chancellor for Administration;
(q) "State college" means Bluefield State College, Concord
University, Fairmont State University, Glenville State College,
Shepherd University, West Liberty State College or West Virginia
State University;
(r) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(s)
Until the first day of July, two thousand seven, "regional
campus" means West Virginia University at Parkersburg and West
Virginia University Institute of Technology;
(t) The advisory board previously appointed for the West
Virginia Graduate College is known as the "Board of Visitors" and
shall provide guidance to the Marshall University Graduate College;
(u) (t) "Institutional compact" means the compact between the
Commission or Council and a state institution of higher education
under its jurisdiction, as described in section two, article one-a
of this chapter;
(v) (u) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison
purposes and selected by the Commission pursuant to section three,
article one-a of this chapter;
(w) (v) "Administratively linked community and technical college" means a community and technical college
created operated
pursuant to section eight, article three-c of this chapter;
(x) (w) "Sponsoring institution" means a state institution of
higher education that maintains an administrative link to a
community and technical college pursuant to section eight, article
three-c of this chapter;
(y) (x) "Collaboration" means entering into an agreement with
one or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(z) (y) "Broker" or "brokering" means serving as an agent on
behalf of students, employers, communities or responsibility areas
to obtain education services not offered at that institution.
These services include courses, degree programs or other services
contracted through an agreement with a provider of education
services either in-state or out-of-state;
(aa) (z) "Council" means the West Virginia Council for
Community and Technical College Education created pursuant to
article two-b of this chapter; and
(bb) (aa) "West Virginia Consortium for Undergraduate Research
and Engineering" or "West Virginia CURE" means the collaborative
planning group established pursuant to article one-c of this
chapter.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-8. Statewide network of independently accredited
community and technical colleges.
(a) There is continued a statewide network of independently
accredited community and technical colleges serving every region of
the state. This section does not apply to the free-standing
community and technical colleges or West Virginia University at
Parkersburg.
(b)
To be eligible for funds appropriated to develop
independently accredited community and technical colleges, a state
institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact
approved by the Council a step-by-step plan with measurable
benchmarks for developing an independently accredited community and
technical college that meets the essential conditions set forth in
section three of this article;
(2) That it is able to offer evidence to the satisfaction of
the Council that it is making progress toward accomplishing the
benchmarks established in its institutional compact for developing
an independently accredited community and technical college; and
(3) That it has submitted an expenditure schedule approved by
the Council which sets forth a proposed plan of expenditures for
funds allocated to it from the fund.
(c) The statewide network of independently accredited
community and technical colleges is comprised of the free-standing
community and technical colleges, West Virginia University at
Parkersburg and the following state institutions of higher
education:
(1)
New River Community and Technical College. --
(A)
There is continued the multicampus entity known as New
River Community and Technical College
is an independently
accredited community and technical college administratively linked
to Bluefield State College
subject to the provisions of section
twelve of this article. New River Community and Technical College
is
a multi campus entity headquartered in
the Beckley Higher
Education Center Beckley and incorporates the campuses of
Greenbrier Community College Center of New River Community and
Technical College and Nicholas Community College Center of New
River Community and Technical College.
New River Community and
Technical College is an independently accredited community and
technical college.
(B) Bluefield State College may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided through
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the Council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the Council and
the governing board of the sponsoring institution. The final
contract is approved by the Council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the Council. If the
Council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(C) Bluefield State College may continue the associate of
science degree in nursing which is an existing nationally
accredited associate degree program in an area of particular
institutional strength and which is closely articulated to the
baccalaureate program and mission. The program is of a high-cost
nature and can best be provided through direct administration by a
baccalaureate institution. This program may not be transferred to
New River Community and Technical College or any other community
and technical college as long as the program maintains national
accreditation and is seamlessly coordinated into the baccalaureate
program at the institution.
(D) As an independently accredited community and technical
college, New River also serves as a higher education center for its
region by brokering with other colleges, universities and
providers, in-state and out-of-state, both public and private, to
ensure the coordinated access of students, employers and other
clients to needed programs and services.
(E) New River Community and Technical College participates in
the planning and development of a unified effort involving multiple
providers to meet the documented education and workforce
development needs in the region. Nothing in this subdivision
prohibits or limits any existing, or the continuation of any
existing, affiliation between Mountain State University, West
Virginia University Institute of Technology and West Virginia
University. The objective is to assure students and employers in the area that there is coordination and efficient use of resources
among the separate programs and facilities, existing and planned,
in the Beckley area.
(2)
Marshall Community and Technical College. -- Marshall
Community and Technical College is an independently accredited
community and technical college
The new community and technical
college is developed on the base of the component community and
technical college of administratively linked to Marshall University
subject to the provisions of section twelve of this article.
Subject to the provisions of this section, the president and the
governing board of Marshall university are responsible, according
to a plan approved by the Council, for
step-by-step implementation
of the new independently accredited the community and technical
college
which adheres maintaining independent accreditation and
adhering to the essential conditions pursuant to section three of
this article.
Subject to the provisions of section twelve of this
article, the community and technical college remains
administratively linked to Marshall University. Marshall
University may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
its baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the Council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the Council and the governing board of the sponsoring institution. The final contract is approved by the
Council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the Council. If the Council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by the
community and technical college.
(3) Blue Ridge Community and Technical College. -- Blue Ridge
Community and Technical College is an independently accredited
community and technical college. Subject to the provisions of
section twelve of this article, the community and technical college
remains administratively linked to Shepherd University. Shepherd
University may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
its baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the Council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the Council and the governing board of the
sponsoring institution. The final contract is approved by the
Council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the Council. If the Council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by the community and technical college.
(4) (3) West Virginia State Community and Technical College.
-- West Virginia State Community and Technical College is an
independently accredited community and technical college
The new
community and technical college is developed on the base of the
component community and technical college of administratively
linked to West Virginia State College
subject to the provisions of
section twelve of this article. Subject to the provisions of this
section, the president and the Governing Board of West Virginia
State College are responsible, according to a plan approved by the
Council, for
step-by-step implementation of the new independently
accredited the community and technical college
which adheres
maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
Subject to
the provisions of section twelve of this article, the community and
technical college remains administratively linked to West Virginia
State University. West Virginia State University may continue
associate degree programs in areas of particular institutional
strength which are closely articulated to its baccalaureate
programs and missions or which are of a high-cost nature and can
best be provided in direct coordination with a baccalaureate
institution. Any such program shall be delivered under the
authority of the Council and through contract with the community
and technical college. The terms of the contract shall be
negotiated between the Council and the governing board of the
sponsoring institution. The final contract is approved by the Council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the Council. If the Council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by the
community and technical college.
(5) (4) The Community and Technical College at West Virginia
University Institute of Technology. -- The Community and Technical
College at West Virginia University Institute of Technology is an
independently accredited community and technical college
The new
community and technical college is developed on the base of the
component community and technical college of administratively
linked to West Virginia University Institute of Technology
subject
to the provisions of section twelve of this article. Subject to
the provisions of this section, the president and the governing
board of West Virginia University are responsible, according to a
plan approved by the Council, for
step-by-step implementation of
the new independently accredited the community and technical
college
which adheres maintaining independent accreditation and
adhering to the essential conditions pursuant to section three of
this article.
Subject to the provisions of section twelve of this
article, the community and technical college remains
administratively linked to West Virginia University Institute of
Technology. West Virginia University Institute of Technology may
continue associate degree programs in areas of particular
institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the Council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the Council and the governing board of the
sponsoring institution. The final contract is approved by the
Council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the Council. If the Council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by the
community and technical college.
(d) The president and the board of governors of each
sponsoring institution are accountable to the Council for ensuring
that the community and technical college adheres to the essential
conditions pursuant to section three of this article.
NOTE: The purpose of this bill is to remove the
administrative link between Blue Ridge Community and Technical
College and Shepherd University.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.