ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 377
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
____________
[Passed April 21, 1993; in effect from passage.]
____________
AN ACT 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 section
eight, article three, chapter twelve of said code; to amend
article one, chapter eighteen-b of said code by adding
thereto three new sections, designated sections one-a, one-b
and five-a; to amend and reenact sections two, five, seven
and eight of said article; to amend and reenact sections one
and 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 one, three and
four, article three of said chapter; to amend and reenact
section two, article three-a of said chapter; to further
amend said chapter by adding thereto a new article,
designated article three-c; to amend and reenact sections
one and two, article four of said chapter; to amend and
reenact section 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 and reenact sections
one and five, article seven of said chapter; to further
amend said article by adding thereto five new sections,
designated sections six, seven, eight, nine and ten; to
amend and reenact section three, article eight of said
chapter; to further amend said article by adding thereto a
new section, designated section three-a; to amend and
reenact sections four and five, article nine of said
chapter; to further amend said article by adding thereto a
new section, designated section eleven; to amend and reenact
sections one and fourteen, article ten of said chapter; to
amend and reenact article thirteen of said chapter; to amend
article fourteen of said chapter by adding thereto a new
section, designated section three; to amend and reenact
sections two and three, article seventeen of said chapter;
and to amend chapter eighteen-c of said code by adding
thereto a new article, designated article five, all relating
to higher education; advancing certain recommendations of
the higher education advocacy team; providing for quarterlyallotment 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 distance learning council; placing council under
jurisdiction of secretary of education and arts; allowing
term extension of chair of distance learning council;
transferring funds of distance learning coordinating council
to secretary of education and arts; setting forth goals for
postsecondary education; providing for implementation of
said goals; redefining community college terms; requiring
governing boards and state board of education to provide
secretary of education and arts with requested information
in timely manner; requiring postsecondary academic success
score testing; authorizing distance learning pilot program;
requiring specified periodic studies as part of five-year
review; giving governing boards jurisdiction over teacher
education programs; requiring presidential performance
evaluations to be written; allowing governing boards to
enter into contracts and consortium agreements for specified
purposes; requiring rules for advance placement; requiring
individuals to work with state auditor and treasurer and
report to legislative oversight commission on education
accountability regarding efficient expenditure methods that
ensure payment within fifteen days of properly submitted
requests therefor; requiring uniform method for conducting
personnel transactions; allowing federal employees to serveon higher education governing boards; requiring boards and
institutions to adopt salary policies; stating legislative
intent to provide funds for salaries from appropriations;
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 board of
directors to delegate authority as deemed prudent to
community college presidents; providing for joint
administrative board for facilities shared by public and
higher education; deleting vice-chancellor for community
colleges; replacing said vice-chancellor with chancellor of
board of directors on joint commission for
vocational-technical-occupational education; creating
governor's council on higher and other post-secondary
education and providing generally therefor; setting forth
powers and duties of council and limitations thereto;
updating duties of senior administrator; requiring governing
boards to establish resource allocation model and policies;
requiring funds, including funds for salary increases, be
distributed in accordance with policies; 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 surplusrevolving fund which may be carried over to next fiscal year
and expended only by line item appropriation; authorizing
Legislature to transfer certain funds and redesignate same;
requiring reports regarding line item transfer and surplus
fund; 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; providing for preferential hiring of existing
classified employees; requiring boards to establish
policies, with assistance of faculty and/or classified
employees, regarding continuing education and staff
development, adjunct faculty, professional productivity,
teaching and research duties of faculty-rank campus
administrators and employment innovations; providing
across-the-board annual salary increase of two thousand
dollars for full-time faculty, including extension faculty,
subject to appropriation; providing across-the-board annual
salary increase of fifteen hundred dollars for full-time,
nonclassified employees subject to appropriation of funds;
setting forth timeline for approval and implementation of
uniform employee classification system for classified
employees without additional appropriation; stating need for
emergency rule in regard thereto; declaring certain
provisions null and void upon implementation of rule;
providing across-the-board monthly salary increase of onehundred twenty-five dollars for full-time classified
employees, including extension employees, subject to
appropriations; providing classified employee salary
increase be prorated for part-time classified employees as
defined; allowing classified employees at maximum salary to
receive limited salary increase; authorizing future salary
increases for nonclassified and classified employees and
faculty; stating goal for level of tuition and required fees
for resident and nonresident students at state institutions
of higher education; setting forth fees for off-campus
courses; defining full-time enrollment for fee purposes;
providing alternative methods for payment of fees and
extensions in cases of legal work stoppages; requiring
boards to adopt standardized refund policy; requiring
penalties, by rule, for excessive course registration;
authorizing public interest research group fee; suggesting
stated textbook policies in order to minimize costs;
streamlining provision regarding higher education-industry
partnerships; limiting tax credits and deferrals; requiring
certain reports; authorizing southern West Virginia
community college to sell real property as set forth;
authorizing legislative rules; recodifying higher education
grant program; removing administration from the state
commission on higher education and placing it with senior
administrator; requiring additional one and one-half million
appropriation each year for five years to that grant
program; deleting obsolete code provision dealing with thetask force on faculty salaries; and deleting or updating
outdated code sections.
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 section eight, article three,
chapter twelve of said code be amended and reenacted; that
article one, chapter eighteen-b of said code be amended by adding
thereto three new sections, designated sections one-a, one-b and
five-a; that sections two, five, seven and eight of said article
be amended and reenacted; that sections one and 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 one, three and four, article three
of said chapter be amended and reenacted; that section two,
article three-a of said chapter be amended and reenacted; that
said chapter be further amended by adding thereto a new article,
designated article three-c; that sections one and two, article
four of said chapter be amended and reenacted; that section two,
article five of said chapter be amended and reenacted; that said
article 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 sections one and five,article seven of said chapter be amended and reenacted; that said
article be further amended by adding thereto five new sections,
designated sections six, seven, eight, nine and ten; that section
three, article eight of said chapter be amended and reenacted;
that said article be further amended by adding thereto a new
section, designated section three-a; that sections four and five,
article nine of said chapter be amended and reenacted; that said
article be further amended by adding thereto a new section,
designated section eleven; that sections one and fourteen,
article ten of said chapter be amended and reenacted; that
article thirteen of said chapter be amended and reenacted; that
article fourteen of said chapter be amended by adding thereto a
new section, designated section three; that sections two and
three, article seventeen of said chapter be amended and
reenacted; and that chapter eighteen-c of said code be 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 it conforms to the appropriations made by
the Legislature, the requirements of this article, and is in
accordance with sound fiscal policy, the secretary shall approve
the schedule. In addition, the secretary shall give special
consideration in the approval of expenditure schedules toaccounts 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 to pay 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 sufficientto pay such personnel costs in the quarter in which they are due,
and, if the secretary finds that the amounts requested are in
accordance with the approved expenditure schedules and are in
accordance with sound fiscal policy, the secretary shall submit
the requests to the governor. The secretary 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, 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, 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 andstaff 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 further finds that distance
learning technology requires a substantial financial investment
and 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 which
shall 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, the department of
administration's division of information systems and
communications and the office of the secretary of education and
the arts. 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 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 distancelearning technology system.
(c) A goal of the council is the creation of a statewide
technology system linking universities and colleges, schools,
libraries and, eventually, homes with software, data bases and
video learning capabilities. 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, and the county boards of education, in establishing
distance learning technology.
(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 for
use solely for the purposes of the distance learning grant
program as provided in this section.
Appropriate guidelines for participation by school
districts, state institutions of higher education, public
libraries and public broadcasting 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 there are funds available to honor the applications
in any fiscal year. In allocating funds to applicants, thecouncil may give due consideration to revenues available from all
other sources. The state board of education shall approve
courses offered through this program at the elementary and
secondary education level. The higher education governing boards
shall approve courses taught at the post-secondary 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
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
state institutions of higher education, state institutions of
public education and public broadcasting 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 the school districts, state
institutions of higher education, as appropriate, for continuing
education and professional development for 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 station in the program established by this section
shall be voluntary. No school district, state institution of
higher education, public library or public broadcasting 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 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 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.
Instructional programs developed under this section which
are transmitted one-way through the airwaves or by cable 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 commercial cable 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 specificprogram 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 for the specific program, but the fee
shall be equal for all such 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 through the 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 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-8. Requisition on behalf of institutions to be accompanied
by statement showing funds on hand.
No requisition shall be made upon the auditor for any money
appropriated for the penitentiary, the West Virginia schools for
the deaf and blind, state mental health facilities, state
hospitals, corrections facilities, or for any other public
institution for education, charity or correction, institutionsgoverned by the university of West Virginia board of trustees and
by the board of directors of the state college system, unless
such requisition shall be accompanied by the statement in writing
of the treasurer or other financial officer of such institution,
showing the amount of money in his or her hands to the credit of
such institution, or otherwise in its control, on the day such
requisition is forwarded for payment.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1a. Goals for post-secondary education.
(a)
Findings and directives. -- The Legislature finds that
higher education is a vital force in the future of West Virginia.
For the state to realize its considerable potential in the
twenty-first century, West Virginia should invest in its people
through a strong and dynamic higher education system.
The Legislature further finds that the people of West
Virginia have demonstrated their support for this finding through
their involvement and comments at meetings held throughout the
state pursuant to Senate Concurrent Resolution No. 30 adopted at
the regular session of the West Virginia Legislature, one
thousand nine hundred ninety-two. The Legislature, also, endorses
the report submitted by the higher education advocacy team
pursuant to said resolution and directs the affected educational
agencies to implement unified strategies for accomplishing the
needed improvements.
(b)
Goals and objectives. -- In the pursuance of the above
findings, the following goals and objectives are hereby adoptedwith respect to the investments which are necessary for higher
education in West Virginia to contribute fully to the growth,
development and quality of life of the state and its citizens:
(1) Students should be better prepared in high school to
meet college standards jointly agreed upon by higher education
and the public schools as required under subsection (c), section
five of this article. Those standards should be conveyed to
students prior to entering tenth grade;
(2) More students should obtain education beyond the high
school level for our individual and collective economic
development:
(A) The awareness of post-secondary educational
opportunities among the state's citizens should be expanded and
their motivation to take advantage of available opportunities
should be enhanced;
(B) Assistance in overcoming the financial barriers to
post-secondary education should be provided;
(C) A student-friendly environment should be created within
post-secondary education to encourage and expand participation
for the increasingly diverse student population;
(3) Students should be prepared to compete in a global
economy in which the good jobs will require an advanced education
and level of skill which far surpasses former requirements:
(A) Academic preparation should be improved to ensure that
students enrolling in programs of post-secondary education are
adequately prepared to be successful in their selected fields of
study and career plans;
(B) College graduates should meet or exceed national and
international standards for skill levels in reading, oral and
written communications, mathematics, critical thinking, science
and technology, research and human relations;
(C) College graduates should meet or exceed national and
international standards for performance in their fields through
national accreditation of programs and through outcomes
assessment of graduates;
(4) Resources should be focused on programs and courses
which offer the greatest opportunities for students and the
greatest opportunity for job creation and retention in the state:
(A) An entrepreneurial spirit and flexibility should be
created within higher education to respond to the needs of the
current work force and other nontraditional students for
college-level skills upgrading and retraining;
(B) A focus should be created on programs supportive of West
Virginia employment opportunities and the emerging high
technology industries;
(C) Closer linkages should be established among higher
education and business, labor, government, community and economic
development organizations;
(5) Resources should be used to their maximum potential and
faculty and technology should be combined in a way that makes
West Virginia higher education more productive than similar
institutions in other states:
(A) Institutional missions should be clarified and resources
should be shifted to programs which meet the current and futurework force needs of the state;
(B) Program duplication necessary for geographic access
should be determined and unnecessary duplication should be
eliminated;
(C) Systematic ongoing mechanisms should be established for
each state institution of higher education to set goals, measure
the extent to which those goals are met and use results of
quantitative evaluation processes to improve institutional
effectiveness;
(D) Institutional productivity and administrative efficiency
standards should be established to ensure that state institutions
of higher education are more productive and efficient than
similar institutions in other states; and
(6) The compensation of faculty, staff and administrators
should be established at competitive levels to attract and keep
quality personnel at state institutions of higher education:
(A) Faculty and staff classification and compensation at
state institutions of higher education should be competitive with
relevant market levels; and
(B) Available revenues should be distributed in an equitable
fashion which enables each state institution of higher education
to fulfill its mission and reward its employees appropriately.
§18B-1-1b. Implementation of findings, directives, goals and
objectives.
The board of trustees and the board of directors shall
develop a plan for implementation of the legislative findings,
directives, goals and objectives set forth in section one-a ofthis article and to ensure accountability in implementing said
findings, directives, goals and objectives in consultation with
the secretary of education and the arts, the president of the
state board of education, the president of the West Virginia
association of private colleges, the president of the joint
commission for vocational-technical-occupational education and
the president of the West Virginia economic development council.
A written report of the plan required by this section shall be
submitted to the governor and the legislative oversight
commission on education accountability by the first day of
December, one thousand nine hundred ninety-three.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-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;
(d) "Community colleges" means freestanding communitycolleges, 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 or off-campus
location;
(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;
(g) "Higher educational institution" means any institution
as defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(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;
(i) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(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;
(k) "State college" means Bluefield state college, Concordcollege, Fairmont state college, Glenville state college,
Shepherd college, West Liberty state college, West Virginia
institute of technology or West Virginia state college;
(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 are
defined in this section;
(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;
(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;
(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.
§18B-1-5. Board of trustees and board of directors under
department of education and the arts.
(a) The board of trustees and the board of directors,
created in articles two and three of this chapter, are under the
jurisdiction of the department of education and the arts createdin 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.
(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 freestanding community
colleges, and community college components; and (4) the
vocational-technical centers in the state, recognizing the
inherent differences in the missions and capabilities of these
four categories of institutions. The governing boards and the
state board of education shall provide any and all information
requested by the secretary of education and the arts and
legislators in a timely manner.
(c) The secretary of education and the arts, the chancellors
of the board of trustees and the board of directors and the statesuperintendent of schools shall develop standards and suggest
implementation methods for a standardized test to be used to
predict post-secondary educational success such as the test
offered by the American college testing program. The test,
hereinafter referred as the post-secondary academic success score
or PASS, is to be administered to all students during the fall
semester of the eighth grade. The secretary of education and the
arts, the chancellors of the board of trustees and the board of
directors, and the state superintendent of schools shall submit
a joint report outlining their findings to the governor and the
legislative oversight commission on education accountability by
the first day of December, one thousand nine hundred
ninety-three.
§18B-1-5a. Pilot program of delivering educational services via
distance learning.
(a) The intent of the Legislature in enacting this section
is to create the framework for establishing an educational
delivery system to address findings that:
(1) The strength of the economy of the state of West
Virginia is directly affected by the percentage of the available
work force possessing college degrees and/or an advanced
vocational-technical education from which an employer may draw;
(2) Real and perceived barriers within West Virginia and its
systems of higher education, such as the cost of a college
education, the availability of appropriate course work at
locations and times convenient for students with families and/or
jobs, and inadequate preparation for college-level work, havecreated road blocks for West Virginians in achieving their
educational goals and, in turn, have limited the economic
opportunities available to them and the state of West Virginia;
and
(3) Because of the state's history of a low college-going
rate and a low percentage of state residents who hold college
degrees, meeting the current and future work force needs of West
Virginia will require attention to the needs of working-age
adults for upgrading their skills, continuing their educations,
preparing for new careers and other lifelong learning pursuits,
in addition to attending to the educational needs of traditional
college age students.
(b) Such a delivery system should 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. The
delivery system should make maximum use of the currently existing
resources, facilities, equipment and personnel in the state's
systems of public and higher education and other educational and
administrative agencies and should be low-tuition,
commuter-oriented, open door admissions, serving adults of all
ages. The courses of instruction offered through such a system
should be relevant to the needs of the target population as
expressed in the major findings listed in subsection (a) of this
section and should meet the several goals of helping students to
prepare for college level work, to increase their likelihood of
securing gainful employment given their other relevant lifecircumstances, to obtain higher education core curriculum course
work that is universally accepted at all state institutions of
higher education with the grade earned and to minimize the amount
of additional course work they will be required to take at less
convenient times and locations to achieve their educational
goals. The delivery system should also include adequate student
support services such as student advising, career counseling,
library access and immediate interaction with peers and
instructors.
(c) The secretary of education and the arts is responsible
for establishing a three-year pilot program consisting of no more
than eight sites within the state for the delivery of educational
programs consistent with the goals established in this section.
To assist in the development of this program, the secretary shall
appoint an advisory committee comprised of persons from public
education, higher education, the West Virginia distance learning
coordinating council, the Legislature and the business community.
In consultation with the advisory committee, the secretary shall
contract with the appropriate governing board or other body to
offer courses or programs of various levels and types to meet the
objectives of this section. The contracts shall specify the
pilot sites for offering the educational programs, the various
technologies for program delivery, the types of courses to be
offered, the course instructors and site coordinators and their
training, the fees to be charged, the institutions in the state
willing to enroll the student participants, the collection of
tuition and fees, a method for accounting for the funds collectedand expended and other issues relevant to program administration.
There is hereby established in the state treasury a special
revolving fund within the account of the secretary of education
and the arts into which appropriations, course fees, charitable
contributions and other moneys received by the secretary for the
purposes of the program shall be paid for expenditures in the
operation of the pilot program. During each year of the pilot
program, the secretary shall report to the governor and the
Legislature on the progress of the program, whether it should be
continued or discontinued, and, if continued, any recommended
modifications in program scope and mission and any action which
is necessary on behalf of the governor or the Legislature to
improve the success of the program. At the end of the pilot
program, the secretary shall make a final report to the governor
and the Legislature as to whether the findings set forth in this
section are being addressed through such an educational delivery
system and shall recommend whether it should become permanent. If
the secretary recommends that the delivery system should become
permanent, the secretary shall also recommend specific structures
for program support and administration, instructional development
and objectives, technology, student support services and other
relevant policy issues.
§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 ofthe 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 institutionof 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.
§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 fivenor 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 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 itsjurisdiction:
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 masterplan 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 of
nontraditional 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 thosegroups 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. The
governing 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 prudentin 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, in
whole 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 andimplemented 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.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
§18B-2-1. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The board of trustees shall consist of seventeen
persons, of whom one shall be the chancellor of the board of
directors of the state college system, ex officio, who shall not
be entitled to vote; one shall be the state superintendent of
schools, ex officio, who shall not be entitled to vote; one shall
be the chairman of the advisory council of students, ex officio,
who shall be entitled to vote; one shall be the chairman of the
advisory council of faculty, ex officio, who shall be entitled to
vote; and one shall be the chairman of the advisory council ofclassified employees, ex officio, who shall be entitled to vote.
The other twelve trustees shall be citizens of the state,
appointed by the governor, by and with the advice and consent of
the Senate.
Each of the trustees appointed to the board by the governor
shall represent the public interest and shall be especially
qualified in the field of higher education by virtue of the
person's knowledge, learning, experience or interest in the
field.
Except for the ex officio trustees, no person shall be
eligible for appointment to membership on the board of trustees
who is an officer, employee or member of an advisory board of any
state college or university, an officer or member of any
political party executive committee, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions or an appointee or
employee of the board of trustees or the board of directors:
Provided, That if there are no ethical restrictions under state
or federal law, a federal employee may serve as a member of the
board of trustees. Of the twelve trustees appointed by the
governor from the public at large, not more than six thereof
shall belong to the same political party and at least two
trustees shall be appointed from each congressional district.
Except as provided in this section, no other person may be
appointed to the board.
(b) The governor shall appoint twelve trustees as soon after
the first day of July, one thousand nine hundred eighty-nine, asis practicable, and the original terms of all trustees shall
commence on that date.
The terms of the trustees appointed by the governor shall be
for overlapping terms of six years, except, of the original
appointments, four shall be appointed to terms of two years, four
shall be appointed to terms of four years and four shall be
appointed to terms of six years. Each subsequent appointment
which is not for the purpose of filling a vacancy in an unexpired
term shall be for a term of six years.
The governor shall appoint a trustee to fill any vacancy
among the twelve trustees appointed by the governor, by and with
the advice and consent of the Senate, which trustee appointed to
fill such vacancy shall serve for the unexpired term of the
vacating trustee. The governor shall fill the vacancy within
sixty days of the occurrence of the vacancy.
All trustees appointed by the governor shall be eligible for
reappointment:
Provided, That a person who has served as a
trustee or director during all or any part of two consecutive
terms shall be ineligible to serve as a trustee or director for
a period of three years immediately following the second of the
two consecutive terms.
The chairman of the advisory council of students, ex
officio; the chairman of the advisory council of faculty, ex
officio; and the chairman of the advisory council of classified
employees, ex officio, shall serve the terms for which they were
elected by their respective advisory councils. These members
shall be eligible to succeed themselves.
(c) Before exercising any authority or performing any duties
as a trustee, each trustee shall qualify as such by taking and
subscribing to the oath of office prescribed by section five,
article IV of the constitution of West Virginia, and the
certificate thereof shall be filed with the secretary of state.
(d) No trustee appointed by the governor shall be removed
from office by the governor except for official misconduct,
incompetence, neglect of duty or gross immorality, and then only
in the manner prescribed by law for the removal of the state
elective officers by the governor.
§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 educational 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 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 Four-Year 1 at
West Virginia university; Four-Year 3 at Marshall university; and
appropriate levels at the West Virginia graduate college, Potomac
state college of West Virginia university, West Virginiauniversity at Parkersburg and the school of osteopathic medicine
as determined by the board of trustees. It is the intent of the
Legislature, limited by the extent of appropriations provided
specifically therefor, to provide the board of trustees with
sufficient funds to meet this goal by fiscal year one thousand
nine hundred ninety-six.
§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 sciences. 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 institutions ofhigher 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 others; 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) Subject to appropriations by the Legislature, 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 contractualrelationship with each child development center, which shall be
in accordance with laws that apply to publicly funded
partnerships 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-3-1. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The board of directors of the state college system shall
consist of seventeen persons, of whom one shall be the chancellor
of the university of West Virginia board of trustees, ex officio,
who shall not be entitled to vote; one shall be the state
superintendent of schools, ex officio, who shall not be entitled
to vote; one shall be the chairman of the advisory council of
students, ex officio, who shall be entitled to vote; one shall be
the chairman of the advisory council of faculty, ex officio, who
shall be entitled to vote; and one shall be the chairman of the
advisory council of classified employees, ex officio, who shall
be entitled to vote. The other twelve directors shall be citizens
of the state, appointed by the governor, by and with the advice
and consent of the Senate.
Each of the directors appointed to the board by the governor
shall represent the public interest and shall be especially
qualified in the field of higher education by virtue of the
person's knowledge, learning, experience or interest in the
field.
Except for the ex officio directors, no person shall beeligible for appointment to membership on the board of directors
who is an officer, employee or member of an advisory board of any
state college or university, an officer or member of any
political party executive committee, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions, or an appointee or
employee of the board of trustees or board of directors:
Provided, That if there are no ethical restrictions under state
or federal law, a federal employee may serve as a member of the
board of directors. Of the twelve directors appointed by the
governor from the public at large, not more than six thereof
shall belong to the same political party and at least two
directors of the board shall be appointed from each congressional
district.
Except as provided in this section, no other person may be
appointed to the board.
(b) The governor shall appoint twelve directors as soon
after the first day of July, one thousand nine hundred
eighty-nine, as is practicable, and the original terms of all
directors shall commence on that date. The terms of the
directors appointed by the governor shall be for overlapping
terms of six years, except, of the original appointments, four
shall be appointed to terms of two years, four shall be appointed
to terms of four years and four shall be appointed to terms of
six years. Each subsequent appointment which is not for the
purpose of filling a vacancy in an unexpired term shall be
appointed to a term of six years.
The governor shall appoint a director to fill any vacancy
among the twelve directors appointed by the governor, by and with
the advice and consent of the Senate, which director appointed to
fill such vacancy shall serve for the unexpired term of the
vacating director. The governor shall fill the vacancy within
sixty days of the occurrence of the vacancy.
All directors appointed by the governor shall be eligible
for reappointment:
Provided, That a person who has served as a
director or trustee during all or any part of two consecutive
terms shall be ineligible to serve as a director for a period of
three years immediately following the second of the two
consecutive terms.
The chairman of the advisory council of students, ex
officio; the chairman of the advisory council of faculty, ex
officio; and the chairman of the advisory council of classified
employees, ex officio, shall serve the terms for which they were
elected by their respective advisory councils. These members
shall be eligible to succeed themselves.
(c) Before exercising any authority or performing any duties
as a director, each director shall qualify as such by taking and
subscribing to the oath of office prescribed by section five,
article IV of the constitution of West Virginia, and the
certificate thereof shall be filed with the secretary of state.
(d) No director appointed by the governor shall be removed
from office by the governor except for official misconduct,
incompetence, neglect of duty or gross immorality, and then only
in the manner prescribed by law for the removal by the governorof the state elective officers.
§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.
(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.
(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 education board. It is the
intent of the Legislature, limited by the extent of
appropriations made specifically therefor, to provide the board
of directors with sufficient funds to meet this goal by fiscal
year one thousand nine hundred ninety-six.
§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. Such freestanding community colleges
shall not be operated as branches or off-campus locations of any
other state institution of higher education.
(b) The directors, in accordance with article two-b, chapter
eighteen of this code, shall cooperate with the state board of
education, the state council of vocational-technical education
and the joint commission for vocational-technical-occupational
education to develop a comprehensive system of academic,
vocational, technical and career development programs to serve
the educational needs of adults for college preparatory, two-year
associate degree, continuing education, work force training and
retraining, and other such programs within the state. The board
of directors shall delegate such authority as they deem prudent
to the community college presidents, or other administrative
heads, to work with campus level advisory committees to assess
the work force needs of business and industry within their
service areas, regularly review and revise curricula to ensure
that the work force needs are met, develop new programs and phase
out or modify existing programs as appropriate to meet such
needs, provide professional development opportunities for faculty
and staff, establish cooperative programs and student internships
with business and industry, streamline procedures for designing
and implementing customized training programs and to accomplish
such other complements of a quality comprehensive community
college. In developing such a system, the various educational
agencies shall establish cooperative relationships to utilizeexisting community colleges and programs, public school
vocational centers and other existing facilities to serve the
identified needs within the service area. 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 the effective 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. Programs at community
colleges shall be two years or less in duration.
(d) The board of directors may fix tuition and establish and
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 such community college may 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.
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 and may
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.
(f) To facilitate the administration, operation and
financing of programs in shared facilities of the state college
system or the university of West Virginia system and a county
board or boards of education, the affected governing board andcounty board or boards of education may appoint a joint
administrative board consisting of five members to be appointed
as follows: The county board of education shall appoint two
members in consultation with the county superintendent of
schools; the appropriate governing board shall appoint two
members in consultation with the president of the affected state
institution of higher education; and one at-large member, who
shall chair the joint administrative board, shall be appointed by
mutual agreement of the respective boards in consultation with
their superintendent and president. When two or more county
boards of education are participating in such shared program,
such county board appointments shall be made by mutual agreement
of each of the participating county boards in consultation with
their respective superintendents. Members shall serve for
staggered terms of three years. With respect to initial
appointments, one member appointed by the county board or boards
of education and one member appointed by the governing board
shall serve for one year, one member appointed by the county
board or boards of education and one member appointed by the
governing board shall serve for two years, and the at-large
member shall serve for three years. Subsequent appointments
shall be for three years. A member may not serve more than two
consecutive terms. Members shall be reimbursed for reasonable
and necessary expenses actually incurred in the performance of
their duties as board members from funds allocated to the shared
facility, except that members who are employed by a board of
education, governing board or state institution of highereducation shall be reimbursed by their employer.
ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR
VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION.
§18B-3A-2. Composition of commission; terms of members;
qualifications of members.
The members appointed by the governor shall include all of
the following:
(a) Seven individuals who shall be representatives from
business, industry and agriculture, including one member
representing small business concerns, one member of whom shall
represent the West Virginia development office, one member of
whom shall represent proprietary schools and one member of whom
shall represent labor organizations. In selecting private sector
individuals under this subdivision, the governor shall give due
consideration to the appointment of individuals who serve on a
private industry council or other appropriate state agencies.
(b) Six individuals, three of whom shall be representatives
of secondary vocational-technical-occupational education
appointed by the governor, with advice from the state
superintendent of schools, and three of whom shall be
representatives of post-secondary vocational-technical-
occupational education appointed by the governor, with advice
from the chancellor of the board of directors.
In addition to the members appointed by the governor, the
state superintendent of schools and the chancellor of the board
of directors shall serve as ex officio members.
Members of the commission shall serve for overlapping termsof four years, except that the original appointments to the
commission shall be for staggered terms allocated in the
following manner: One member recommended for appointment by the
chancellor, one member recommended for appointment by the state
superintendent of schools and two members appointed by the
governor for terms of two years; one member recommended for
appointment by the chancellor, one member recommended for
appointment by the state superintendent of schools and two
members appointed by the governor for terms of three years; and
one member recommended for appointment by the state
superintendent of schools, one member recommended for appointment
by the chancellor and three members appointed by the governor for
terms of four years.
ARTICLE 3C. GOVERNOR'S COUNCIL ON HIGHER AND OTHER
POST-SECONDARY 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 post-secondary 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 post-secondary 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, so thatthe 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 post-secondary 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 colleges and
universities and private, proprietary schools are all important
components in the delivery of higher and other post-secondary
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 work
force preparation.
The Legislature further intends, by this article, to extend
post-secondary 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 accessto 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 post-secondary
education established.
There is hereby created the governor's council on higher and
other post-secondary 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;
(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 post-secondary 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 education, the distance
learning coordinating council and other boards, agencies andentities 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
post-secondary 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 possible implementation;
(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; and
(8) Report to the Legislature not later than the first day
of January, one thousand nine hundred ninety-four, a common
protocol for the education and certification of teachers in the
public schools of this state which shall be developed with input
from the center for professional development.
(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
post-secondary education.
(a) The HOPE council shall analyze the accounts in the state
budget that address or impact upon higher education and other
post-secondary educational opportunities, review budgetary needs
and revenue sources and make recommendations regarding thegovernor'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 post-secondary 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 post-secondary education
that adopt and implement policies and programs that result in
substantial cost savings. Any resulting savings shall be
identified, deposited in a special revenue account and expended
in accordance with legislative appropriation:
Provided, That any
resulting savings shall be retained by the school, state
institution of higher education, board, commission or other
public entity responsible for the savings:
Provided, however,
That the governing boards may redirect no more than fifty percent
of savings identified by specific institutions of higher
education if the appropriate governing board decides that the
savings should not be retained by the institution:
Provided
further, That any savings accruing to accounts which are subjectto appropriation by the Legislature shall remain in said
appropriated accounts and may be expended only upon subsequent
appropriation by the Legislature.
§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 post-secondary education through
effective means that include, but are not limited to,
recommending or coordinating:
(1) Marketing programs and other means of disseminating
information illustrating the benefits of higher and other
post-secondary education, including information regarding
lifetime earning potential projections and specific job
opportunities which require higher or other post-secondary
education;
(2) Clear definitions of expectations and needs regarding
academic competencies required for success in higher and other
post-secondary educational programs;
(3) Utilization of students, alumni, advisory councils 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
post-secondary education and to simplify the admissions process;
(5) Public information whereby citizens can receive
information on higher and other post-secondary education whichmay include television programs, public service announcements and
any other effective means of providing information on,
communicating or promoting higher and other post-secondary
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; and
(6) Support, assistance and encouragement to currently
enrolled students and other citizens, especially in minority or
other groups under-represented in the post-secondary student
population, who may need same to begin or return to higher or
other post-secondary 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 post-secondary education through effective means
that include, but are not limited to, facilitating:
(1) Having college student volunteers tutor in the
elementary 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 basic 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 post-secondary 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 post-secondary 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 the education planning and
assessment system (EPAS) offered by American college testing
(ACT);
(9) Providing information on financing post-secondary
education to each sixth grade student;
(10) Extending by the one thousand nine hundred
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 schoolsystem 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 and their
parents with admission and financial aid forms;
(13) Exposing each student to a college campus through at
least one academic visit to a college campus and providing
opportunities for high school juniors and seniors to spend time
on campus; and
(14) Expanding college courses offered in high schools and
enrolling advanced high school students in college courses.
(c) As to nontraditional students, the council shall work to
increase their preparedness for, awareness of, interest in and
access to higher and other post-secondary education through
effective means that include, but are not limited to,
facilitating:
(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 work force for four or more years;
(3) Provision of child care services;
(4) College recruitment programs for retired militarypersonnel;
(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, in an amount to be
appropriated by the Legislature 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
nontraditional formats and at nontraditional 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 post-secondary education.
(a) In addition to other provisions in this article and code
relating to student financing of higher and other post-secondaryeducation, the HOPE council shall address issues regarding the
cost of higher and other post-secondary 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 subject to
legislative appropriation 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 or 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 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 with a goal that tuition
and fees for state residents are approximately the median of the
average 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 nonresident students covers the full cost of instruction atstate 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 post-secondary 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 post-secondary education, the HOPE council
shall address issues regarding the cost of higher and other
post-secondary 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 expanded
use 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 of unnecessary duplicate
programs and courses.
§18B-3C-7. Succeeding in higher and other post-secondary
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 post-secondary
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 noncredit development courses and periodic
evaluations of these systems;
(2) Procedures to monitor individual student progress and
assess student proficiencies during the second year of
enrollment;
(3) Counseling and academic advising services that give
students an understanding of the academic program requirements
necessary for successful program or degree completion, with aview 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 time frame 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 transferability of core
course work 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 assist students
currently enrolled in higher education and other post-secondary
educational programs in completing such programs, such policies
and programs to include, but not be limited to:
(1) A smooth transition from secondary and post-secondary
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; and
(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 post-secondary 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 and technical
programs and courses, including the sharing of advanced
technology;
(2) Competitive grants administered by the joint commissionon 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
post-secondary education offered in this state prepares the
student for entering the work force through effective means that
include, but are not limited to:
(1) Utilizing campus-level, system-wide and statewide
advisory groups, assess work force, 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 work force needs; and develop new programs and
phase out or modify existing programs as appropriate to meet work
force, 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 work experiences;
(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 studiesrequired 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; and
(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 post-secondary 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 work force 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 to accommodate 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 thedemand for graduates in that area of training; and
(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
post-secondary 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
post-secondary 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 post-secondary educational experiences or for entry
into the work force;
(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, post-secondary 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; and
(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 post-secondary educational
opportunities.
(b) The HOPE council shall facilitate the coordination of
secondary, post-secondary 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 more
subject-matter based; and
(3) Professional development opportunities.
§18B-3C-9. Assistance for students with disabilities.
(a) The HOPE council shall coordinate efforts among thestate 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 council. 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 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 for
individuals 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 andshall 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
post-secondary 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-4-1. Officers of governing boards; employment of
chancellors and senior administrator; offices.
(a) At its annual meeting in June of each year, each
governing board shall elect from its members appointed by the
governor a president and such other officers as it may deem
necessary or desirable:
Provided, That the initial annual
meeting shall be held during July, one thousand nine hundred
eighty-nine. The president and such other officers shall beelected for a one-year term commencing on the first day of July
following the annual meeting and ending on the thirtieth day of
June of the following year. The president of the board shall
serve no more than two consecutive terms.
(b) Each governing board shall employ a chancellor who shall
serve at the will and pleasure of the employing board and shall
assist the governing board in the performance of its duties and
responsibilities. No chancellor may hold or retain any other
administrative position within the system of higher education
while employed as chancellor. Each chancellor is responsible for
carrying out the directives of the governing board by which
employed and shall work with such board in developing policy
options. For the purpose of developing or evaluating policy
options, the chancellors may request the assistance of the
presidents of the institutions under their jurisdiction and their
staffs. The respective chancellors shall jointly agree to, and
shall hire, one senior administrator who shall serve at their
will and pleasure in accordance with section two of this article.
(c) The director of health shall serve as the vice
chancellor for health affairs, who shall coordinate the West
Virginia university school of medicine, the Marshall university
school of medicine and the West Virginia school of osteopathic
medicine. The vice chancellor for health affairs shall conduct
a special study of the West Virginia university school of
medicine, the Marshall university school of medicine and the West
Virginia school of osteopathic medicine to determine the role and
mission of said institutions in the reorganized system of highereducation in the state. The special study shall include, but is
not limited to, coordinating medical education, training and
delivery of health services in the state; preparing nurse
midwives, nurse practitioners, medical technologists and other
members of the allied health professions; and providing for rural
health care. The vice chancellor shall submit a report on said
study to the governor and to the Legislature by the first day of
December, one thousand nine hundred eighty-nine.
(d) Suitable offices for the senior administrator and other
staff shall be provided in Charleston.
§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 to
carry 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 andprivileges 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 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 orservice 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-5-2. 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 shall consider 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:
Provided, That such
modifications are subject to the provisions of article three-a,
chapter twenty-nine-a of this code.
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 ofeducation 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 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 a resource
allocation policy based on comparative information which includes
the following factors:
(1) Full-time equivalent enrollment;
(2) Average state appropriations per full-time-equivalent
student at similar institutions in the southern regional
education board; and
(3) Other relevant factors.
The Legislature finds that an emergency situation exists and
therefore, the governing boards are hereby authorized to
establish by emergency rule a resource allocation policy for eachgoverning board prior to the first day of January, one thousand
nine hundred ninety-four. Either governing board may modify its
policy thereafter, such modification to be submitted to the
legislative oversight commission on education accountability
subject to the provisions of article three-a, chapter eighteen-a
of this code.
Upon approval of the resource allocation policy, 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 the allocation
decisions made by the respective governing boards for the then
current fiscal year based on the policy then in effect, and the
allocation decisions proposed for the next year, based on the
policy 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 policy then in effect.
For fiscal year one thousand nine hundred ninety-four, 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 boards'resource allocation model and each governing board's
institutional resource allocation policy to the extent that a
policy is in place, whether or not the policy has been approved
in accordance with the provisions of subsection (b) of this
section.
(d) Beginning with fiscal year one thousand nine hundred
ninety-five, each governing board shall apply its resource
allocation policy to existing base budgets in order to effect an
equalization of the institutional state funding differences at
twenty percent per year over a five-year period until such time
as the percentage of institutional differences as determined by
the resource allocation policy for that system are equalized.
After a five-year phase-in period, all appropriations to the
institutional accounts of the respective governing boards shall
be allocated to their respective institutions proportional to
such amounts as are indicated by application of the resource
allocation policy for that system.
(e) 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 suitable offices for the
senior administrator and other staff in Charleston.
(f) 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 ofregents 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 of a state
institution of higher education submits a written request to the
appropriate governing board. The appropriate governing board
approves the request for the transfer and submits a written
request for the transfer to the secretary of education and the
arts. The legislative auditor and the legislative oversight
commission on education accountability are to be furnished a copy
of the request;
(2) The secretary of education and the arts, after
consultation with the appropriate governing board, gives writtenapproval to 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 the transfer prior to any
expenditure of the moneys so transferred;
(3) Such a transfer does not:
(A) Expand a program, establish a new program or provide
capital for an expense that cannot be paid during the current
fiscal year; or
(B) Increase the moneys allocated or appropriated to
personal services unless:
(i) Such transfer to personal services is made on an
emergency basis 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:
Provided,
That moneys transferred for the employment of personnel for
summer school shall be separately accounted for to indicate which
of the accounts appropriated by the Legislature are increased or
reduced as a result of the transfer; or
(ii) 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 a transfer may only be
made to meet the insufficiency and shall be accompanied by a
pledge to replace funds in the original accounts by the end of
that fiscal year;
(4) Not more than five percent of the total allocation or
appropriation in any general revenue account of a stateinstitution of higher education may be transferred between the
items of allocation or appropriation thereof or between the
accounts 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 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 and restrictions 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 legislative
auditor shall be notified by the institution at the time of
transfer and shall be provided whatever documentation that may be
required to maintain records of the amounts transferred and
subsequently restored:
Provided, however, 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 further, That if the records in
the office of the legislative auditor indicate any amounts
transferred have not been restored by the end of the fiscal year,
the legislative auditor shall notify the secretary of
administration, auditor and treasurer, and thereafter no funds
appropriated or allocated to the institution shall be encumbered
or expended until such amounts are replaced:
And 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 thetransfer provisions established in subdivisions (1) and (2),
subsection (a) 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:
Provided,
That expenditures from any special efficiency surplus fund shall
only be made upon line item appropriation by the Legislature. 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 the legislative 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, classified
staff and student government organization to meet the highest
academic priorities of the institution:
Provided, however, 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 further,
That the restrictions on fund transfers set forth in subdivisions
(3), (4) and (5) of said subsection shall not apply to transfers
to the efficiency surplus revolving fund:
And provided further,
That the restriction set forth in subdivision (6) of said
subsection shall apply to such transfers.
(d) If the Legislature finds that amounts deposited in anyfund created pursuant to this section or transferred to any fund
exceed the amounts needed to effectuate any of the purposes set
forth in this section, such amounts may be transferred to other
accounts or funds and redesignated for other purposes upon
appropriation by the Legislature.
(e) Reports setting forth the exercise of any authority
granted by this section shall be submitted with specificity to
the legislative oversight commission on education accountability
and the joint committee on government and finance on the first
day of January of any year in which such authority was exercised
during the prior twelve-month period.
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 for college 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 andfields 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 bereimbursed 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) 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.
(e) The board of advisors shall provide advice and
assistance to the president in establishing closer connectionsbetween higher education and business, labor, government,
community and economic development organizations to give students
greater opportunities to experience the world of work, such as
business and community service internships, apprenticeships and
co-operative programs; to communicate better and serve the
current work force and work force development needs of their
service area, including the needs of nontraditional students for
college-level skills upgrading and retraining and the needs of
employers for specific programs of limited duration; and to
assess the performance of the institution's graduates and assist
in job placement. 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) 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 of the 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 andnecessary 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-7-1. Seniority for full-time classified personnel;
seniority to be observed in reducing work force; preferred
recall list; renewal of listing; notice of vacancies.
(a) Definitions for terms used in this section shall be in
accordance with those provided in section two, article nine of
this chapter except that the provisions of this section shall
apply only to classified employees whose employment, if
continued, shall accumulate to a minimum total of one thousand
forty hours during a calendar year and extend over at least nine
months of a calendar year.
(b) All decisions by the appropriate governing board or
their agents at state institutions of higher education concerning
reductions in work force of full-time classified personnel,
whether by temporary furlough or permanent termination, shall be
made in accordance with this section. For layoffs by
classification for reason of lack of funds or work, or abolitionof position or material changes in duties or organization and for
recall of employees so laid off, consideration shall be given to
an employee's seniority as measured by permanent employment in
the service of the state system of higher education. In the
event that the institution wishes to lay off a more senior
employee, the institution must demonstrate that the senior
employee cannot perform any other job duties held by less senior
employees of that institution in the same job class or any other
equivalent or lower job class for which the senior employee is
qualified:
Provided, That if an employee refuses to accept a
position in a lower job class, such employee shall retain all
rights of recall hereinafter provided. If two or more employees
accumulate identical seniority, the priority shall be determined
by a random selection system established by the employees and
approved by the institution.
(c) Any employee laid off during a furlough or reduction in
work force shall be placed upon a preferred recall list and shall
be recalled to employment by the institution on the basis of
seniority. An employee's listing with an institution shall
remain active for a period of one calendar year from the date of
termination or furlough or from the date of the most recent
renewal. If an employee fails to renew the listing with the
institution, the employee's name may be removed from the list.
An employee placed upon the preferred list shall be recalled to
any position opening by the institution within the
classification(s) in which the employee had previously been
employed or to any lateral position for which the employee isqualified. An employee on the preferred recall list shall not
forfeit the right to recall by the institution if compelling
reasons require such employee to refuse an offer of reemployment
by the institution.
The institution shall be required to notify all employees
maintaining active listings on the preferred recall list of all
position openings that from time to time exist. Such notice
shall be sent by certified mail to the last known address of the
employee. It shall be the duty of each employee listed to notify
the institution of any change in address and to timely renew the
listing with the institution. No position openings shall be
filled by the institution, whether temporary or permanent, until
all employees on the preferred recall list have been properly
notified of existing vacancies and have been given an opportunity
to accept reemployment.
(d) A nonexempt classified employee, including a nonexempt
employee who has not accumulated a minimum total of one thousand
forty hours during the calendar year or whose contract does not
extend over at least nine months of a calendar year, who meets
the minimum qualifications for a job opening at the institution
where the employee is currently employed, whether the job be a
lateral transfer or a promotion, and applies for same shall be
transferred or promoted before a new person is hired unless such
hiring is affected by mandates in affirmative action plans or the
requirements of Public Law 101-336, the Americans with
Disabilities Act. If more than one qualified, nonexempt
classified employee applies, the best-qualified nonexemptclassified employee shall be awarded the position. In instances
where such classified employees are equally qualified, the
nonexempt classified employee with the greatest amount of
continuous seniority at that state institution of higher
education shall be awarded the position. A nonexempt classified
employee is one to whom the provisions of the federal Fair Labor
Standards Act, as amended, apply.
§18B-7-5. Faculty and classified employee continuing education
and development program.
(a) Each state institution of higher education shall have
the authority to establish and operate a faculty and classified
employee continuing education and development program under rules
adopted by the appropriate governing board. Funds allocated or
made available may be used to compensate and pay expenses for
faculty or classified employees who are pursuing additional
academic study or training to better equip themselves for their
duties at the state institutions of higher education.
(b) Before the first day of January, one thousand nine
hundred ninety-four, each governing board, with the advice and
assistance of the faculty senates, staff councils and other
groups representing classified employees, shall adopt policies
which encourage continuing education and staff development. The
policies shall require that selection shall be made on a
nonpartisan basis, using fair and meaningful criteria which will
afford all faculty and classified employees with opportunities to
enhance their skills. Such policies may also include reasonable
provisions for the continuation or return of any faculty orclassified employee receiving the benefits of such education or
training, or for reimbursement by the state for expenditures
incurred on behalf of such faculty or classified employee.
§18B-7-6. Adjunct faculty; part-time and temporary classified
employees.
(a) 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
pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code regarding the role of adjunct faculty
at state institutions of higher education and define an
appropriate balance between full-time and adjunct faculty
members.
(b) Before the first day of January, one thousand nine
hundred ninety-four, each governing board, with the advice and
assistance of the staff councils and other groups representing
classified employees, shall establish a policy pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code
regarding the role of part-time classified employees at state
institutions of higher education. Such policy shall discourage
the hiring of part-time employees solely to avoid the payment of
benefits or in lieu of full-time employees and shall provide all
qualified classified employees with nine-month or ten-month
contracts with the opportunity to accept part-time or full-time
summer employment before new persons are hired for the part-time
or full-time employment.
§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 pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code
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 states by
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 pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code
requiring all campus administrators holding faculty rank to teach
at least one course during each eighteen-month employment period
or to perform on-going research in lieu of teaching.
§18B-7-9. Employment innovations.
Before the first day of January, one thousand nine hundred
ninety-four, each governing board, with the advice and assistance
of the staff councils and other groups representing classified
employees, shall establish a policy pursuant to the provisions of
article three-a, chapter twenty-nine-a of this code that
discourages temporary, nonemergency, institutionally-imposedchanges in an employee's work schedule; that maintains reasonable
continuity in working schedules and conditions for employees; and
that requires institutions to consider feasible and innovative
ways to most efficiently utilize the institution's classified
employees, such innovations to include flexibility in employee
scheduling, job-sharing and four-day work weeks.
§18B-7-10. Salary increases for cooperative extension workers.
(a) Subject to appropriation by the Legislature therefor,
each full-time cooperative extension worker employed pursuant to
the provisions of section one, article eight, chapter nineteen of
this code who is considered to be extension faculty shall be
granted an annual salary increase of two thousand dollars
effective the first day of July, one thousand nine hundred
ninety-three, and the salary increases authorized in subsection
(b), section three-a, article eight of this chapter.
(b) Subject to appropriation by the Legislature therefor,
each full-time, nonfaculty cooperative extension worker employed
pursuant to the provisions of section one, article eight, chapter
nineteen of this code shall be granted a monthly salary increase
of one hundred twenty- five dollars effective the first day of
July, one thousand nine hundred ninety-three, and the salary
increases authorized in section eleven, article nine of this
chapter.
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 theappropriate 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 ninety-three--ninety-four, and thereafter,
a salary which is no less than the salary being paid such faculty
member for the academic year one thousand nine hundred 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 July, one thousand nine
hundred ninety-three, subject to appropriation by the Legislature
therefor, each full-time faculty member shall receive an annual
salary increase of two thousand dollars. 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.
(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-8-3a. Institutional salary policies; distribution of faculty
salary increases; distribution of nonclassified
administrative salary increases.
(a) Beginning with the fiscal year commencing on the first
day of July, one thousand nine hundred ninety-four, faculty
salary increases shall be distributed within each state
institution of higher education, to the extent of legislative
appropriation therefor 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 groupreceives 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) To the extent of legislative appropriation therefor, for
the fiscal year commencing on the first day of July, one thousand
nine hundred ninety-four, an amount averaging one thousand
dollars per full-time faculty member is recommended to be
appropriated and distributed in that fiscal year for salary
increases for full-time faculty members, and, for the fiscal year
commencing on the first day of July, one thousand nine hundred
ninety-five, an amount averaging two thousand dollars per
full-time faculty member is recommended to be appropriated and
distributed in that fiscal year for salary increases 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) Subject to appropriation by the Legislature therefor,
each full-time nonclassified administrative staff person shall be
granted an annual salary increase for the fiscal year commencing
on the first day of July, one thousand nine hundred ninety-three,
of one thousand five hundred dollars; for the fiscal year
commencing on the first day of July, one thousand nine hundred
ninety-four, seven hundred fifty dollars and for the fiscal yearcommencing on the first day of July, one thousand nine hundred
ninety-five, one thousand five hundred dollars.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND
CLASSIFICATION SYSTEM.
§18B-9-4. Establishment of personnel classification system;
assignment to classification and to salary schedule.
(a) Before the first day of January, one thousand nine
hundred ninety-four, the governing boards shall establish by rule
and implement an equitable system of job classifications, with
the advice and assistance of staff councils and other groups
representing classified employees, 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:
Provided, That before implementing the
classification system, each classified employee is given an
opportunity in a public hearing setting to address decisions
affecting his or her classification assignment and pay scale. The
system of job classifications shall be submitted to the secretary
of education and the arts for review and approval prior to
implementation.
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 a salary schedule. Such assignment maybe appealed in accordance with article twenty-nine, chapter
eighteen of this code and all agencies are directed to expedite
and give priority to grievances regarding the employee's initial
assignment under the terms of this section:
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) Beginning with the fiscal year commencing on the first
day of July, one thousand nine hundred ninety-four, classified
staff salary increases distributed within each state institution
of higher education shall be in accordance with a uniform
employee classification system and salary policy which is adopted
by the respective governing boards and approved in accordance
with the provisions of article three-a, chapter twenty-nine-a of
this code.
(c) The Legislature finds that an emergency situation exists
and, therefore, the governing boards are hereby authorized to
establish by emergency rule, under the procedures of article
three-a, chapter twenty-nine-a of this code, a rule to implement
the provisions of this article, after approval by the legislative
oversight commission on education accountability, which shall
receive said proposed rule by the first day of November, one
thousand nine hundred ninety-three. Upon approval of such
emergency rule by the legislative oversight commission on
education accountability, and the effective date of the
implementation of said rule, the salary schedule set out in
section three of this article shall be deemed null and void andwithout the force and effect of law. Any other provisions of
this article inconsistent with said rule shall be deemed null and
void and without the force and effect of law. Any other
provisions of this article inconsistent with said rule shall be
deemed null and void upon lawful implementation of the rule:
Provided, That nothing in this subsection shall be interpreted to
require that the Legislature appropriate any additional funds for
such implementation.
§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-
three, shall receive for the same employment at the same pay
grade during the fiscal year commencing on such date and
thereafter, subject to an appropriation by the Legislature
therefor, and in addition to the experience increment increase
provided for in subsection (b) of this section, a monthly salary
which is at least 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 prorated for classified
employees working less than thirty-seven and one-half hours per
week.
(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 increaseequal to thirty-six dollars times the employee's years of
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 said section.
(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 increases
and/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.
§18B-9-11. Institutional salary policies; salary increase
authorization.
(a) Beginning with the fiscal year commencing on the first
day of July, one thousand nine hundred ninety-four, classified
employee salary increases shall be distributed within each state
institution of higher education, to the extent of legislative
appropriation therefor, in accordance with a written
institutional salary policy which does not conflict with the
uniform employee classification system and which achieves or
moves toward the following goals:
(1) Each classified employee receives at least the amount
indicated by the minimum salary schedules pursuant to section
three of this article;
(2) Each 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), section four of this article;
(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.
(b) Subject to an appropriation by the Legislature therefor,
for the fiscal year commencing on the first day of July, one
thousand nine hundred ninety-four, an amount equal to seven
hundred fifty dollars per full-time classified employee is
recommended to be appropriated and distributed in that fiscal
year for salary increases for classified employees, and, for the
fiscal year commencing on the first day of July, one thousand
nine hundred ninety-five, an amount equal to one thousand five
hundred dollars per full-time classified employee is recommended
to be appropriated and distributed in that fiscal year for salary
increases 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 (a) of
this section:
Provided, That nothing in this section shall be
construed to prohibit future salary increases for classified
employees determined to be at the maximum for their pay gradeunder any new classification system promulgated in accordance
with subsection (b), section four of this article and in
accordance with policies which shall be adopted by each governing
board relating to salary increases for classified employees
determined to be at maximum salary:
Provided, however, That such
policies shall provide that, when there is a system-wide,
mandated salary increase, those employees determined to be at the
maximum shall receive a percentage or across-the-board salary
increase in an amount equal to not less than one half of the
percentage or across-the-board increase granted to the employee
within the same pay grade receiving the smallest percentage or
across-the-board increase.
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 of cases, programs
or services approved by the administrative head of suchinstitution 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 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:
Provided further, That the governing boards shall use the actual
instructional cost as the same shall be determined in accordance
with board rule, in establishing nonresident undergraduate fees,
with the goal of having tuition and fees cover the actual cost by
fiscal year one thousand nine hundred ninety-six:
And provided
further, That students enrolled in undergraduate courses offered
at off-campus locations shall pay an off-campus instruction fee
and shall not pay the athletic fee and the student activity fee.
The off-campus instruction fee shall be used solely for the
support of off-campus courses offered by the institution.
Off-campus locations for each institution shall be defined by the
appropriate governing board. 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 withthe 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 fewer than twelve credit hours in a regular term shall
have their fees reduced pro rata based upon one twelfth of thefull-time rate per credit hour, and graduate students taking
fewer than nine credit hours in a regular term shall have their
fees reduced pro rata based upon one ninth of the full-time rate
per credit hour.
Fees for students enrolled in summer terms or other
nontraditional 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 are due and payable by the student upon
enrollment and registration for classes except as provided for in
this subsection:
(1) The governing boards shall permit fee payments to be
made in up to three installments over the course of the academic
term. The payments shall include interest at a rate set by the
governing board:
Provided, That all fees must be paid prior to
the awarding of course credit at the end of the academic term.
(2) The governing boards shall also authorize the acceptance
of credit cards or other payment methods which may be generally
available to students for the payment of fees:
Provided, That
the governing boards may charge the students for the reasonable
and customary charges incurred in accepting credit cards and
other methods of payment.
(3) If a governing board determines that any student was
adversely, financially affected by a legal work stoppage that
commenced on or after the first day of January, one thousand nine
hundred ninety-three, it may allow the student an additional six
months to pay the fees for any academic term:
Provided, That thegoverning board shall determine if a student was adversely,
financially affected on a case-by-case basis.
(e) The governing boards shall establish legislative rules
regarding the refund of any fees upon the voluntary or
involuntary withdrawal from classes of any student which rules
shall comply with all applicable state and federal laws and shall
be uniformly applied throughout the systems.
(f) The governing boards shall establish legislative rules
using the fee structure or other penalties to provide a
disincentive for students to register for classes in excess of
the typical full-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) In addition to the fees mentioned in the preceding
subsections, each governing board may impose, collect and
distribute a fee to be used to finance a nonprofit,
student-controlled public interest research group:
Provided,
That the students at such institution demonstrate support for the
increased fee in a manner and method established by that
institution's elected student government:
Provided, however,
That such fees shall not be used to finance litigation against
the institution.
§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 beoperated 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 not be 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 meet the
additional objective of minimizing the costs to students of
purchasing textbooks by adopting policies which may 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 necessaryfor 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 the university 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 suchdevelopment, 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 have as 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 partnership programs.
§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.
§18B-13-3. Powers and duties.
The 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 West Virginia state development council in consultation
with the higher education governing boards shall review the workand projects undertaken by the center of regional progress, the
center for economic research, the institute for international
trade development and the West Virginia foundation for science
and technology.
§18B-13-4. High-Tech 2000 research zones and parks; tax
exemptions.
(a) The 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.
The 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 ortechnology centers.
The West Virginia economic development authority is hereby
authorized 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 only apply to 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 thebusiness not to exceed three years, and qualified business shall
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.
Notwithstanding any other provision herein to the contrary,
the amount of total credits and deferrals allowable under this
section or section five, article two-b, chapter five-b of this
code, shall not exceed two and one-half million dollars in any
one fiscal year for all eligible businesses:
Provided, That the
credits allowed by this section are nonrefundable so that a
taxpayer shall not claim a total credit amount that reduces the
taxpayer's tax liability to less than zero.
§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, communicationand 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 basis to 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;
(4) An accounting of the cost of all travel expenses,
seminars, workshops and feasibility studies; and
(5) The extent to which the authority provided for in
subsection (b) of this section has been exercised, with
specificity as to the institution and faculty member involved in
the program.
ARTICLE 14. MISCELLANEOUS.
§18B-14-3. Southern West Virginia community college
authorization to sell property; use of net proceeds.
Notwithstanding the provisions of article one-a, chapter
twenty of this code, southern West Virginia community college,with the approval of the board of directors, is hereby authorized
and empowered to sell any surplus real property and deposit the
net proceeds into a special revenue account to be utilized for
the purchase of additional real property or for capital
improvements:
Provided, That prior to such action the board of
directors shall have the property appraised by two licensed
appraisers and shall not sell the property for less than the
average of the two appraisals:
Provided, however, That the net
proceeds which exceed the funds needed for the purchase of real
property or for capital improvements may be transferred to other
accounts or funds and redesignated for other purposes by
appropriation of the Legislature.
ARTICLE 17. LEGISLATIVE RULES.
§18B-17-2. Board of trustees.
(a) The legislative rules filed in the state register on the
third day of December, one thousand nine hundred ninety-one,
modified by the board of trustees to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-two, relating to the board of
trustees (report card), are authorized.
(b) The legislative rules filed in the state register on the
thirteenth day of July, one thousand nine hundred ninety-one,
relating to the board of trustees (equal opportunity and
affirmative action), are authorized.
(c) The legislative rules filed in the state register on the
eighth day of September, one thousand nine hundred ninety-two,relating to the board of trustees (holidays), are authorized.
(d) The legislative rules filed in the state register on the
third day of April, one thousand nine hundred ninety-two,
relating to the board of trustees (alcoholic beverages on
campuses), are authorized.
§18B-17-3. Board of directors.
(a) The legislative rules filed in the state register on the
sixteenth day of December, one thousand nine hundred ninety-one,
modified by the board of directors to meet the objections of the
legislative oversight commission on education accountability and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-two, relating to the board of
directors (report card), are authorized.
(b) The legislative rules filed in the state register on the
twenty-seventh day of September, one thousand nine hundred
ninety-one, relating to the board of directors (equal opportunity
and affirmative action), are authorized.
(c) The legislative rules filed in the state register on the
fourth day of December, one thousand nine hundred ninety-one,
relating to the board of directors (holiday policy), are
authorized.
(d) The legislative rules filed in the state register on the
nineteenth day of March, one thousand nine hundred ninety-two, as
modified and refiled in the state register on the tenth day of
July, one thousand nine hundred ninety-two, relating to the board
of directors (presidential appointments, responsibilities and
evaluations), are authorized.
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 the
individual's capabilities and only if the state assists in
removing such financial barriers to the individual's educational
goals as may remain after the individual has utilized all
resources and work opportunities 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.
In addition to an amount no less than the amount of funds
available for the higher education grant program pursuant to the
repealed sections of article twenty-two-b, chapter eighteen of
this code prior to the effective date of this section, there maybe appropriated by the Legislature by line item, to the extent
that funds may be available, 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.
§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 be prescribed 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 and administrative
employees as may be necessary to assist the senior administrator
in the performance of the duties and responsibilities, who shall
serve at the will and pleasure and under the direction and
control of the senior administrator; (11) employ or engage such
clerical and other employees as may be necessary to assist thesenior administrator in the performance of the duties and
responsibilities, who shall be under the direction and control of
the senior administrator; (12) prescribe the duties and fix the
compensation of all such employees; and (13) 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 registered nurse
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 approvedinstitution 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 maintaining satisfactory
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, 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 theextent 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 an
amount 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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