Senate Bill No. 230
(By Senator Blatnik)
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[Introduced February 1, 1994;; referred to the Committee
on Education and then to the Committee on Finance.]
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A BILL to amend and reenact section eight, article one, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to powers and
duties of governing boards.
Be it enacted by the Legislature of West Virginia:
That section eight, article one, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. GOVERNANCE.
§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 vocational-technical-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 public in 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 thehigher 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 appropriate agencies
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 andthe 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 the educational and work force needs of the state. As
a part of such review, each governing board shall require each of
its institutions to conduct periodic studies of its graduates and
their employers to determine placement patterns and the
effectiveness of the educational experience. Where appropriate,
these studies should make use of the studies required of many
academic disciplines by their accrediting bodies. The governing
boards shall also ensure that the sequence and availability of
academic programs and courses is such that students have the
maximum opportunity to complete programs in the time frame
normally associated with program completion, that the needs ofnontraditional college age students are appropriately addressed,
and that core course work completed at any state institution of
higher education is transferable to another state institution
of higher education for credit with the grade earned.
Notwithstanding any other provision of this code to the contrary,
after the effective date of this section the appropriate
governing board shall have the exclusive authority to approve
the teacher education programs offered in the institutions under
their control. In order to permit graduates of teacher education
programs to receive a degree from a nationally accredited program
and in order to prevent expensive duplication of program
accreditation, the boards may select and utilize one nationally
recognized teacher education program accreditation standard as
the appropriate standard for program evaluation;
(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 each
institution'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;
(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; and
(18) The governing boards shall have the power and authority
to enter into contracts or consortium agreements with the public
schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and
customized training courses at locations either on campuses of
public institutions of higher education or at off-campus
locations in such institutions' regional educational service
areas. To accomplish this goal, the boards are permitted to
share resources among the various groups in the community. Thegoverning boards shall promulgate uniform legislative rules
providing for entering into said contracts and consortium
agreements and for determining and granting credit for work
experience for courses offered by the consortium.
(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 power 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 in a 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, inwhole or in part.
(c) The governing boards shall promulgate uniform
legislative rules by the first day of September, one thousand
nine hundred ninety-three, setting forth standards for acceptance
of advanced placement credit for their respective institutions.
Individual departments at institutions of higher education may,
upon approval of the institutional faculty senate, require higher
scores on the advanced placement test than scores designated by
the appropriate governing board when the credit is to be used
toward meeting a requirement of the core curriculum for a major
in that department.
(d) Each governing board and/or an individual appointed by
the president of each institution 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 special revenue and appropriated state funds
for higher education that ensures that properly submitted
requests for payment be paid within fifteen days of receipt in
the state auditor's office. 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.
(e) The governing boards shall implement by the first day of
July, one thousand nine hundred ninety-four, a uniform and
consistent method of conducting personnel transactions including,but not limited to, hiring, dismissal, promotions and transfers
at all institutions under their jurisdiction. Each such
personnel transaction shall be accompanied by the appropriate
standardized system or forms which will be submitted to the
respective governing boards, secretary of education and the arts,
department of finance and administration and the legislative
oversight commission on education accountability.
(f) The governing boards shall implement by the first day of
July, one thousand nine hundred ninety-four, a limitation on the
enrollment of nonresident students commencing with the one
thousand nine hundred ninety-four through the one thousand nine
hundred ninety-five school year not to exceed the full time
equivalence of forty percent of total enrollment. The governing
boards shall further limit the enrollment of nonresident students
commencing the first day of July, one thousand nine hundred
ninety-seven, not to exceed the full time equivalence of thirty
percent of total enrollment.
NOTE: The purpose of this bill is to limit the enrollment
of nonresident students, commencing with the 1994-1995 school
year not to exceed the full time equivalence of 40% of total
enrollment; and to raise the limitation not to exceed 30% of
total enrollment commencing July 1, 1997.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.