COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 377
(By Senators Burdette, Mr. President,
and Boley, By Request of the Executive)
____________
[Originating in the Committee on Finance;
reported March 31, 1993.]
____________
A BILL to amend and reenact sections thirteen and fifteen,
article two, chapter five-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; 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 and reenact section
four, article four of said chapter; to amend and reenact
sections five and eight, article one, chapter eighteen-b of
said code; to further amend said article by adding thereto
three new sections, designated sections one-a, one-b and
five-?; to amend and reenact section four, article three of
said chapter; to amend and reenact section two, article
three-a of said chapter; to amend and reenact section one,
article four of said chapter; to amend and reenact sections
two and four, article five of said chapter; to further amend
said article by adding thereto a new section, designated
section two-a; to amend and reenact section one, article six
of said chapter; to amend article eight of said chapter by
adding thereto a new section, designated section three-a; to
amend and reenact section four, article nine of said
chapter; and to amend and reenact sections one and fourteen,
article ten of said chapter, all relating to advancing
certain recommendations of the higher education advocacy
team; requiring the secretary of administration to give
special consideration in approving expenditure schedules and
quarterly allotments to accounts which consist predominantly
of personal services; requiring certain information to be
provided in a timely manner; establishing pilot programs for
higher education distance learning and moving the distance
learning coordinating council to the department of education
and the arts with additional responsibility for coordinated
planning; requiring the higher education governing boards to
make the educational and workforce needs of the state part
of their master plans and program review; requiring
presidential performance evaluations to be written;
requiring governing boards to assure that students have the
opportunity to complete programs in the normal time-frame
and that core coursework be universally accepted with the
grade earned; removing expired language for the designation
of additional community colleges; requiring the board of
directors to delegate such authority as they deem prudent to
the community colleges to carry out certain functions
related to work force development; requiring appropriations
to institutional control accounts to be allocated based uponthe resource allocation model; authorizing certain transfers
of funds within and among certain higher education accounts
under certain conditions and establishing a special
efficiency surplus account which may be carried over to the
next fiscal year; requiring institutional board of advisors
to provide advice and assistance to president relating to
certain activities; authorizing assignment of responsibility
for coordinating institution's economic development
activities to administrative officer appointed to
institutional board of advisors and exempting such
administrative officer from two term limitation; specifying
methods for distributions of classified staff and faculty
salary increases; granting a two thousand dollar plus
benefits salary increase for faculty and administrators;
granting a one thousand five hundred dollar plus benefits
across the board salary increase for classified staff;
providing for repeal of salary schedule for classified staff
by emergency rule; establishing a goal for the level of
tuition and required fees at state institutions of higher
education; removing the fee cap and authorizing the
collection of a fee to pay for student public interest
research projects; providing alternative methods for payment
of fees and standardizing refund policy; and providing an
additional objective for book stores to minimize the cost to
students.
Be it enacted by the Legislature of West Virginia:
That sections thirteen and fifteen, article two, chapter
five-a of the code of West Virginia, one thousand nine hundredthirty-one, as amended, 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 section four, article
four of said chapter be amended and reenacted; that sections five
and eight, article one, chapter eighteen-b of said code be
amended and reenacted; that said article be further amended by
adding thereto three new sections, designated sections one-a,
one-b and five-a; that section four, article three of said
chapter be amended and reenacted; that section two, article
three-a of said chapter be amended and reenacted; that section
one, article four of said chapter be amended and reenacted; that
sections two and four, 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
article eight of said chapter be amended by adding thereto a new
section, designated section three-a; that section four, article
nine of said chapter be amended and reenacted; and that sections
one and fourteen, article ten of said chapter be amended and
reenacted, 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 upon finding that it conforms to the
appropriations made by the Legislature, the requirements of thisarticle, and is in accordance with sound fiscal policy, he shall
approve the schedule. In addition, the secretary shall give
special consideration in the approval of expenditure schedules to
accounts in which the appropriations consist predominantly of
personal services funds so that the quarterly allotments of funds
to the various spending units pursuant to section fifteen of this
article are sufficient 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 consistpredominantly of personal services funds so that the quarterly
allotments of funds to the various spending units are sufficient
to pay such personnel costs in the quarter in which they are due,
and, if the secretary finds that the amounts requested are in
accordance with the approved expenditure schedules and are in
accordance with sound fiscal policy, he or she 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, he or she 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 Virginiastudents, and the economic benefits from continuing education and
staff development for businesses, industry and the professions,
are immeasurable and that distance learning technology offers an
efficient means of delivering such education and personnel
development courses. The Legislature 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, the
council may give due consideration to revenues available from allother 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 state
institution of higher education, a public library or a public
broadcasting station in the program established by this sectionshall 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 specific
program and give preference to residents of the district or
institutional attendance area who are age twenty-one or younger
but shall not discriminate against any resident on any otherbasis. 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, institutions
governed 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.
ARTICLE 4. ACCOUNTS, REPORTS AND GENERAL PROVISIONS.
§12-4-4. Accounts of expenditures; signing of checks and
warrants; facsimile signatures and use of mechanical and
electrical devices; forgery; penalty.
When the treasurer issues a check on a depository, he or she
shall credit the same to the account of such depository, and
charge it to the general account of receipts and disbursements
mentioned in section two of this article. The auditor shall keep
accounts of the particular heads of expenditures, and, when
issuing a warrant on the treasurer, shall credit the treasurer's
account therewith and charge the same under the particular head
of expenditure to which it properly belongs, distinguishing
especially the disbursements on account of the capital and the
annual income of the school fund, as directed in section two of
this article in relation to receipts belonging to the said fund.
Except as provided for in article three-a of this chapter, all
checks when issued by the treasurer shall bear the treasurer's
signature, personally signed or signed by such employees as are,
in writing, authorized by the treasurer to make the treasurer's
signature thereto, or bear a facsimile of the treasurer's
signature; all warrants when issued by the auditor shall bear the
auditor's signature, personally signed or signed by such
employees as are, in writing, authorized by the auditor to make
the auditor's signature thereto, or bear a facsimile of the
auditor's signature. Such signature of the treasurer or auditor,respectively, may be made, however, by means of such mechanical
or electrical device as the treasurer or auditor, respectively,
may select, after the same shall have been approved by the
governor and the attorney general; any such mechanical or
electrical device, as respectively selected, to be safely kept in
their respective offices so that no one shall have access thereto
except the treasurer or the auditor, and such of their respective
employees as may be authorized respectively to sign checks or
warrants as hereinabove provided. Any person, other than the
treasurer or auditor, respectively, or their respective employees
duly and respectively authorized by them so to do, as above
provided, who shall sign the name of the treasurer or the
auditor, respectively, by the use of any mechanical or electrical
device, or otherwise, or use the facsimile of the signature of
either of them, on any check or warrant, or utter or attempt to
employ as true such forged check or warrant, knowing the same to
be forged, shall be guilty of a felony, and, upon conviction
thereof, shall be confined in the penitentiary not less than two
nor more than ten years:
Provided, That nothing in this section
may be construed to prohibit those provisions made pursuant to
article three-a of this chapter.
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 Virginiashould 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 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 adopted with 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 educationalopportunities 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 thecurrent 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 future
work 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 administratorsshould 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 of
this 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
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-1-5. 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 thejurisdiction of the department of education and the arts created
in article one, chapter five-f of this code, and are subject to
the supervision of the secretary of education and the arts.
Rules adopted by the governing boards shall be subject to
approval by the secretary of education and the arts. The budget
submitted by each board pursuant to the provisions of section
eight of this article shall be subject to approval of the
secretary of the department of education and the arts, all
pursuant to the provisions of article two, chapter five-f of this
code. The respective chancellors of the board of trustees and the
board of directors shall provide any and all information
requested by the secretary of education and the arts in a timely
manner.
(b) The secretary of education and the arts is responsible
for the coordination of policies and purposes of the state
university system and the state college system and shall provide
for and facilitate sufficient interaction between the governing
boards, and between the governing boards and the state board of
education, to assure appropriate mission and program coordination
and cooperation among: (1) The state university system; (2) the
state college system, exclusive of the community colleges; (3)
the community colleges and community college components of four-
year institutions, if any; and (4) the vocational-technical
centers in the state, recognizing the inherent differences in the
missions and capabilities of these four categories of
institutions.
(c) The secretary of education and the arts, the chancellors
of the board of trustees and the board of directors, and thestate superintendent 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 ninth 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, have
created road blocks for West Virginians in achieving theireducational 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 life
circumstances, to obtain higher education core curriculum course
work that is universally accepted at all state institutions ofhigher 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 collected
and 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 ofeducation 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-1-8. Powers and duties of governing boards generally.
(a) Each governing board shall separately have the power and
duty to:
(1) Determine, control, supervise and manage the financial,
business and educational policies and affairs of the state
institutions of higher education under its jurisdiction;
(2) Prepare a master plan for the state institutions of
higher education under its jurisdiction, setting forth the goals,missions, degree offerings, resource requirements, physical plant
needs, state personnel needs, enrollment levels and other
planning determinates and projections necessary in such a plan to
assure that the needs of the state for a quality system of higher
education are addressed:
Provided, That the master plan for
post-secondary vocational education is subject to approval by the
joint commission for post-secondary occupational education. The
plan shall also address the roles and missions of private
post-secondary education providers in the state. Each board
shall involve the executive and legislative branches of state
government and the general public in the development of all
segments of the plan for post-secondary education in the state.
The plan shall be established for periods of not less than five
nor more than ten years and shall be periodically revised as
necessary, including the addition or deletion of degree programs
as in the discretion of the boards may be necessary. Whenever a
state institution of higher education desires to establish a new
degree program, such program proposal shall not be implemented
until the same is filed with both governing boards. Upon
objection thereto within sixty days by either governing board,
such program proposal shall be filed with the secretary of
education and the arts, who shall approve or disapprove such
proposal within one year of the filing of said program proposal;
(3) Prescribe and allocate among the state institutions of
higher education under its jurisdiction, in accordance with its
master plan, specific functions and responsibilities to meet 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 its
jurisdiction:
Provided, That when a single budget is submitted,
that budget shall be accompanied by a tentative schedule of
proposed allocations of funds to the separate state institutions
of higher education under its jurisdiction;
(7) Prepare and submit to the speaker of the House of
Delegates and the president of the Senate, no later than the
first day of each regular session of the Legislature, and to any
member of the Legislature upon request, an analysis of the budget
request submitted under subdivision (6) of this subsection. The
analysis shall summarize all amounts and sources of funds outside
of the general revenue fund anticipated to be received by each
state institution of higher education under its jurisdiction and
the effect of such funds on the budget request;
(8) Prepare and submit to the legislative auditor, no later
than the first day of July of each year, the approved operating
budgets of each state institution of higher education under itsjurisdiction for the fiscal year beginning on that date and, no
later than the first day of August, a summary of federal and
other external funds received at each such institution during the
previous fiscal year;
(9) Establish a system of information and data management
that can be effectively utilized in the development and
management of higher education policy, mission and goals;
(10) Review, at least every five years, all academic
programs offered at the state institutions of higher education
under its jurisdiction. The review shall address the viability,
adequacy and necessity of the programs in relation to its master
plan and the educational and work force needs of the state. As a
part of such review, each governing board shall require each of
its institutions to conduct periodic studies of its graduates and
their employers to determine placement patterns and the
effectiveness of the educational experience. Where appropriate,
these studies should make use of the studies required of many
academic disciplines by their accrediting bodies. The governing
boards shall also ensure that the sequence and availability of
academic programs and courses is such that students have the
maximum opportunity to complete programs in the time frame
normally associated with program completion, that the needs 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;
(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;
(18) Administer an advance allowance account, drawn upon thewarrant of the auditor and issued by check or bank wire by the
treasurer, all pursuant to the provisions of article three-a,
chapter twelve of this code; and
(19) 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 otheradministrative head of such state institution of higher education
in any case where it deems such delegation necessary and prudent
in order to enable such institution to function in a proper and
expeditious manner:
Provided, however, That such delegation
shall not be interpreted to include classification of employees,
lawful appeals made by students in accordance with the
appropriate governing board's policy, lawful appeals made by
faculty or staff, or final review of new or established academic
or other programs. Any such delegation of power and control may
be rescinded by the appropriate governing board at any time, 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.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§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 collegesshall 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
vocational 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 utilize existing
community colleges and programs, public school vocational centers
and other existing facilities to serve the identified needswithin the service area. The 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 of said chapter:
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 subsequentlydesignated 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 and
county 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 twomembers 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 higher
education 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 ofthe 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 governor's office of community and industrial
development, 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 shall serve as an
ex officio
member.
Members of the commission shall serve for overlapping terms
of 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 forappointment 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 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 be
elected 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 policyoptions. 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 higher
education 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.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-2. Allocation of appropriations.
(a) From appropriations to the institutional controlaccounts 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 appropriated for fiscal year one thousand nine hundred
ninety-three, to their respective institutions proportional to
such amounts as are indicated by application of the resource
allocation model to move per student appropriations at state
institutions of higher education in West Virginia toward the
averages for similar institutions in member states of the
southern regional education board. Beginning with fiscal year
one thousand nine hundred ninety-four, the governing boards shall
effect an equalization of the institutional state funding
differences calculated by the resource allocation model at ten
percent per year over a ten year period until such time as the
percentage of institutional differences as determined by the
resource allocation model are equalized. After the ten year
phase-in period, all appropriations to the institutional control
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 model:
Provided, That all funds appropriated for salary increases at the
state institutions of higher education for fiscal year one
thousand nine hundred ninety-four, shall be considered "new
money" and shall be allocated in such a manner:
Provided,
however, That any funding which a state institution of higher
education may receive from such allocations which are in excess
of the amounts required to fund a state mandated salary increase
shall be used to address the institutions highest academicpriorities, including, but not limited to, maintaining an
appropriate balance between full-time and adjunct faculty, and
shall not be used for granting additional general salary
increases if the goals set forth in the institution's written
salary policy pursuant to section three-a, article eight of this
chapter have been met:
Provided further, That nothing in this
section shall preclude the institutions of higher education from
granting additional salary increases from funds accumulated due
to increased efficiency in operations under the provisions in
section two-a of this article.
(b) 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.
(c) Any tuition and registration fee collections paid into
tuition and registration fee special capital improvement funds
and special revenue bond funds which accrue in excess of the
amounts necessary to protect the interests of all holders of
obligations for which such fees were pledged by the board of
regents and shall remain pledged under the governing boards,
shall be allocated to each governing board in proportion to the
amounts of such fees collected through the institutions under its
jurisdiction and shall be deposited in special capital
improvement funds in the state treasury under the name of the
governing board for expenditure for capital improvements at the
institutions under the appropriate board's jurisdiction.
§18B-5-2a. Authorizing certain transfers within and among
general and special revenue accounts of state institutions
of higher education.
(a) In accordance with the provisions of section seventeen,
article two, chapter five-a of this code, the transfer of amounts
between items of appropriations, or the transfer of moneys in a
special account established for a particular purpose into another
account for expenditure for another purpose, are specifically
authorized for a spending unit under the jurisdiction of the
governing boards subject to the following conditions:
(1) The president, or other administrative head of a state
institution of higher education submits a written request to the
appropriate governing board. The appropriate governing board
approves the request for such a transfer and submits a written
request for such a 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 written
approval to such a request for a transfer and follows such
procedures as may be required by the secretary of administration,
the auditor and the treasurer to effect such a transfer prior to
any expenditure of the moneys so transferred;
(3) Such a transfer does not increase the moneys allocated
or appropriated to personal services, unless such transfer to
personal services shall be for the employment of personnel for
summer school, and then only in such amounts as mandated for
salary purposes by articles eight and nine of this chapter, orunless a quarterly allotment of funds pursuant to section
fifteen, article two, chapter five-a of this code is insufficient
to meet the appropriated personal services budget of the spending
unit in that fiscal quarter, in which case, such a transfer may
only be made to meet such an insufficiency and shall be
accompanied by a pledge to replace such funds in the original
accounts within ninety days:
Provided, That in no event shall
the transfer extend beyond the end of that fiscal year in which
said transfer occurs;
(4) Not more than ten percent of the total allocation or
appropriation in any general revenue account of a state
institution of higher education may be transferred between the
items of allocation or appropriation thereof or between 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; and
(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) If, due to increased efficiency in operations, a state
institution of higher education accumulates balances in any of
its accounts, or accounts established for the institution by its
governing board, which are in excess of the amounts needed to
accomplish the purposes for which the accounts were established,
either general or special revenue, the institution may employ the
transfer provisions established in 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. 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 and student government
organization to meet the highest academic priorities of the
institution:
Provided, That such funds may not be used to support
a continuing operation or expense unless the efficiencies which
resulted in such funds becoming available are likewise
continuing:
Provided, however, That the restrictions on fund
transfers set forth in subdivisions (3), (4) and (5) of said
subsection shall not apply to transfers to the efficiency surplus
revolving fund:
Provided further, That the restriction set forthin subdivision (6)of said subsection shall apply to such
transfers.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment and printing.
(a) Each governing board, through the senior administrator,
shall purchase or acquire all materials, supplies, equipment and
printing required for that board, and the state institutions of
higher education under its jurisdiction. The governing boards
shall adopt rules governing and controlling acquisitions and
purchases in accordance with the provisions of this section.
Such rules shall assure that the governing board: (1) Shall not
preclude any person from participating and making sales thereof
to the board except as otherwise provided in section five of this
article; (2) shall establish and prescribe specifications, in all
proper cases, for materials, supplies, equipment and printing to
be purchased; (3) shall adopt and prescribe such purchase order,
requisition or other forms as may be required; (4) shall
negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market
or through other accepted methods of governmental purchasing as
may be practicable in accordance with general law; (5) shall
advertise for bids on all purchases exceeding five thousand
dollars, to purchase by means of sealed bids and competitive
bidding or to effect advantageous purchases through other
accepted governmental methods and practices; and (6) shall post
in a public place in the central office of the governing boards,
in the purchasing office of the specific institution involved in
the purchase and in the office of the department of purchases,available to the public during all business hours, notices of all
acquisitions and purchases for which competitive bids are being
solicited, at least two weeks prior to making such purchases.
The governing boards shall further adopt rules relating to
purchasing in the open market pursuant to section thirteen,
article three, chapter five-a of this code, and shall further
make provision for vendor notification of bid solicitation and
emergency purchasing.
Any or all bids may be rejected. However, all purchases
based on advertised bid requests shall be awarded to the lowest
responsible bidder taking into consideration the qualities of the
articles to be supplied, their conformity with specifications,
their suitability to the requirements of the governing boards and
delivery terms:
Provided, That the preference for resident
vendors as provided in section forty-four, article three of
chapter five-a shall apply to the competitive bids made pursuant
to this section.
The governing boards shall maintain a purchase file, which
shall be a public record and open for public inspection. After
the award of the order or contract, the governing boards shall
indicate upon the successful bid that it was the successful bid,
and shall further indicate why bids are rejected and, if the
mathematical low vendor is not awarded the order or contract, the
reason therefor. No records in the purchase file shall be
destroyed without the written consent of the legislative auditor.
(b) The governing boards shall also adopt rules to prescribe
qualifications to be met by any person who, on and after the
effective date of this section, is to be employed as a buyerpursuant to this section. Such rules shall provide that no
person shall be employed as a buyer unless such person, at the
time of employment, either is: (1) A graduate of an accredited
college or university; or (2) has at least four years' experience
in purchasing for any unit of government or for any business,
commercial or industrial enterprise. Any person making purchases
and acquisitions pursuant to this section shall execute a bond in
the penalty of fifty thousand dollars, payable to the state of
West Virginia, with a corporate bonding or surety company
authorized to do business in this state as surety thereon, in
form prescribed by the attorney general and conditioned upon the
faithful performance of all duties in accordance with sections
four through seven of this article and the rules of the governing
boards. In lieu of separate bonds for such buyers, a blanket
surety bond may be obtained. Any such bond or bonds shall be
filed with the secretary of state. The cost of any such bond or
bonds shall be paid from funds appropriated to the applicable
governing board.
(c) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article
two, chapter five-a of this code, relating to expenditure
schedules and quarterly allotments of funds and in accordance
with section sixteen, article three of said chapter.
The governing boards may make requisitions upon the auditor
for a sum to be known as an advance allowance account, and the
auditor shall draw a warrant upon the treasurer for such
accounts; and all such advance allowance accounts shall beaccounted for by the applicable governing board once every
calendar month.
Contracts entered into pursuant to this section shall be
signed by the applicable governing board in the name of the state
and shall be approved as to form by the attorney general. A
contract that requires more than six months for its fulfillment
shall be filed with the state auditor. The governing board shall
prescribe the amount of deposit or bond to be submitted with a
bid or contract, if any, and the amount of deposit or bond to be
given for the faithful performance of a contract. If the
governing board purchases or contracts for materials, supplies,
equipment and printing contrary to the provisions of sections
four through seven of this article or the rules pursuant thereto,
such purchase or contract shall be void and of no effect.
Either governing board may request the director of purchases
to make available, from time to time, the facilities and services
of that department to the board in the purchase and acquisition
of materials, supplies, equipment and printing, and the director
of purchases shall cooperate with that governing board in all
such purchases and acquisitions upon such request.
Each governing board shall permit private institutions of
higher education to join as purchasers on purchase contracts for
materials, supplies and equipment entered into by that governing
board. Any private school desiring to join as purchasers on such
purchase contracts shall file with that governing board an
affidavit signed by the president of the institution of higher
education or a designee requesting that it be authorized to join
as purchaser on purchase contracts of that governing board andagreeing that it will be bound by such terms and conditions as
that governing board may prescribe, and that it will be
responsible for payment directly to the vendor under each
purchase contract.
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 and
fields of study, including at least two alumni of the
institution. Of the seven lay citizen members, no more than four
may be of the same political party.
The administrative officer, faculty member, student member
and classified staff member shall serve for a term of one year,
and the seven lay citizen members shall serve terms of four years
each. All members, except the administrative officer, shall be
eligible to succeed themselves for no more than one additionalterm. A vacancy in an unexpired term of a member shall be filled
within sixty days of the occurrence thereof in the same manner as
the original appointment or election. Except in the case of a
vacancy, all elections shall be held and all appointments shall
be made no later than the thirtieth day of April preceding the
commencement of the term.
Each board of advisors shall hold a regular meeting at least
quarterly, commencing in July of each year. Additional meetings
may be held upon the call of the chairman, president of the
institution or upon the written request of at least four members.
A majority of the members shall constitute a quorum for
conducting the business of the board of advisors.
(b) One of the seven lay citizen members shall be elected as
chairman by the board of advisors in July of each year:
Provided, That no member shall serve as chairman for more than
two consecutive years at a time.
The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
section upon presentation of an itemized sworn statement thereof.
All expenses incurred by the board of advisors and the
institution under this section shall be paid from funds allocated
to the institution for such purpose.
(c) The board of advisors shall review, prior to the
submission by the president to its governing board, all proposals
of the institution in the areas of mission, academic programs,budget, capital facilities and such other matters as requested by
the president of the institution or its governing board or
otherwise assigned to it by law. The board of advisors shall
comment on each such proposal in writing, with such
recommendations for concurrence therein or revision or rejection
thereof as it deems proper. Such written comments and
recommendations shall accompany the proposal to the governing
board, and the governing board shall include such comments and
recommendations in its consideration of and action on the
proposal. The governing board shall promptly acknowledge receipt
of the comments and recommendations and shall notify the board of
advisors in writing of any action taken thereon.
(d) Upon request therefor in writing by the president of the
institution, the board of advisors may authorize transfers
between items of allocation or appropriation in accordance with
the provisions of section nineteen-a, article two, chapter five-a
of this code.
(e) The board of advisors shall review, prior to their
implementation by the president, all proposals regarding
institution-wide personnel policies. The board of advisors may
comment on such proposals in writing.
(f) The board of advisors shall provide advice and
assistance to the president in establishing closer connections
between higher education and business, labor, government,
community and economic development organizations 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 thecurrent 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 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.
(g) Upon the occurrence of a vacancy in the office of
president of the institution, the board of advisors shall serve
as a search and screening committee for candidates to fill the
vacancy under guidelines established by its governing board.
When serving as a search and screening committee, the board of
advisors and its governing board are each authorized to appoint
up to three additional persons to serve on the committee as long
as the search and screening process is in effect. The three
additional appointees of the board of advisors shall be faculty
members of the institution. Only for the purposes 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 and
necessary expenses actually incurred. Following the search and
screening process, the committee shall submit the names of at
least three candidates to the governing board for consideration
and appointment. If the governing board rejects all candidates
so submitted, the committee shall submit the names of at least
three additional candidates, and this process shall be repeateduntil 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 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-3a. Institutional salary policies; distribution of faculty
salary increases; distribution of nonclassified
administrative salary increases.
(a) Beginning with the fiscal year one thousand nine hundred
ninety-four, faculty salary increases shall be distributed within
each state institution of higher education in accordance with a
written institutional salary policy which achieves or moves
toward the following goals:
(1) Each full-time faculty member receives at least the
amount indicated by the minimum salary schedules pursuant to
section two of this article;
(2) Each full-time faculty member within a discipline group,
receives a salary which is competitive with those in similar
disciplines at peer institutions;
(3) Faculty are recognized for outstanding performance;
(4) Equity among salaries is maintained; and
(5) The institution's faculty are effectively involved in
the administration of the campus-level faculty salary policy.
Funds shall be appropriated for faculty salary increases in
fiscal year one thousand nine hundred ninety-four. The respective
higher education governing boards, with the concurrence of the
secretary of education and the arts, shall submit a detailed plan
in accordance with this section for the distribution of facultysalary funds which results in an average salary increase of two
thousand dollars, plus benefits, for full-time faculty at each
state institution of higher education, prorated for less than
full-time employment, to the legislative oversight commission on
education accountability.
(b) Funds shall be appropriated for salary increases for
nonclassified administrative staff in fiscal year one thousand
nine hundred ninety-four. With respect to funds appropriated,
the governing boards shall grant an across-the-board salary
increase of two thousand dollars plus benefits for each full-time
member of the nonclassified administrative staff. The pro-rated
amount shall be granted for less than full-time employment.
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, 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 besubmitted 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 may be
appealed in accordance with article twenty-nine of chapter
eighteen of this code:
Provided, That nothing herein shall
nullify or void any personnel classification system in effect
immediately prior to the first day of July, one thousand nine
hundred eighty-nine.
(b) Funds shall be appropriated for classified staff salary
increases in fiscal year one thousand nine hundred ninety-four.
With respect to funds appropriated, the governing boards shall
grant an across-the-board salary increase of fifteen hundred
dollars plus benefits for each full-time member of the classified
staff, pro rated for less than full time employment.
(c) Beginning with the fiscal year one thousand nine hundred
ninety-five 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.
(d) 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 articlethree-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 and
without 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.
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, programsor services approved by the administrative head of such
institution where such legal services are to be performed; and
(4) graduate center fees and branch college fees, or either, if
the establishment and operations of graduate centers or branch
colleges are otherwise authorized by law. All fees collected at
any graduate center or at any branch college shall be paid into
special funds and shall be used solely for the maintenance and
operation of the graduate center or branch college at which they
were collected:
Provided, however, That the 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 at state institutions of higher
education under their jurisdiction:
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 with
the legislative auditor a certified copy of such schedule and
changes.
(b) In addition to the fees mentioned in the preceding
paragraph, each governing board may impose and collect a student
union building fee. All such building fees collected at aninstitution 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 the
full-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 thenumber of credit hours for which the student enrolls in
accordance with the above provisions.
(d) All fees shall be due and payable by the student upon
enrollment and registration for classes. The governing boards
may, however, permit fee payments to be made in two or more
installments, plus interest at a rate to be set by the board,
over the course of the academic term:
Provided, That all fees
must be paid prior to the awarding of course credit at the end of
the term. The governing boards may also authorize the acceptance
of credit cards for payment of fees or other payment methods
which may be generally available to students and may provide for
disposition of the reasonable and customary charges for such
services.
(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 law 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 institutional board of advisors may impose,
collect and distribute a fee to be used to finance a non-profit,student-controlled public interest research group:
Provided,
That the students at such institution demonstrate support for the
increased fee.
§18B-10-14. Book Stores.
The appropriate governing board of each state institution of
higher education shall have the authority to establish and
operate a book store at the institution. The book store shall be
operated for the use of the institution itself, including each of
its schools and departments, in making purchases of books,
stationery and other school and office supplies generally carried
in college stores, and for the benefit of students and faculty
members in purchasing such products for their own use, but no
sales shall be made to the general public. The prices to be
charged the institution, the students and the faculty for such
products shall be fixed by the governing board, shall 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
book store 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 book store.
Each governing board shall also ensure that book stores
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 basictextbooks for a reasonable number of years.
All moneys derived from the operation of the store shall be
paid into a special revenue fund as provided in section two,
article two, chapter twelve of this code. Each governing board
shall, subject to the approval of the governor, fix and from time
to time change the amount of the revolving fund necessary for the
proper and efficient operation of each book store.
Moneys derived from the operation of the book store 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 book store 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 book store in the university center at
Marshall university. Until such quarters for housing the book
store 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 book store.
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