H. B. 4690
(By Delegates Perry and Pino)
[Introduced February 21, 2006; referred to the
Committee on Education then Finance.]
A BILL to repeal §18B-2-9 of the Code of West Virginia, 1931, as
amended; to amend and reenact §18B-1-2 of said code; to amend
and reenact §18B-1A-2 of said code; to amend and reenact
§18B-1B-6 of said code; to amend and reenact §18B-1C-1 and
§18B-1C-2 of said code; to amend and reenact §18B-2A-1 of said
code; to amend and reenact §18B-3-1 and §18B-3-3 of said code;
to amend and reenact §18B-3C-4 of said code; to amend and
reenact §18B-6-1 and §18B-6-1a of said code; to amend and
reenact §18B-8-1 of said code; and to amend and reenact
§18B-10-1 of said code, all relating to changing West Virginia
University Institute of Technology to the West Virginia
Institute of Technology;making it an independent institution;
and continuing administrative link between the Community and
Technical College at West Virginia Institute of Technology and
the West Virginia Institute of Technology.
Be it enacted by the Legislature of West Virginia:
That §18B-2-9 of the Code of West Virginia, 1931, as amended,
be repealed; that §18B-1-2 of said code be amended and reenacted;
that §18B-1A-2 of said code be amended and reenacted; that
§18B-1B-6 of said code be amended and reenacted; that §18B-1C-1 and
§18B-1C-2 of said code be amended and reenacted; that §18B-2A-1 of
said code be amended and reenacted; that §18B-3-1 and §18B-3-3 of
said code be amended and reenacted; that §18B-3C-4 of said code be
amended and reenacted; that §18B-6-1 and §18B-6-1a of said code be
amended and reenacted; that §18B-8-1 of said code be amended and
reenacted; and that §18B-10-1 of said code be amended and
reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the
meaning hereinafter meanings
ascribed to them unless the context clearly indicates a different
meaning:
(a)
Effective the first day of July, two thousand five
"Regional campus" means West Virginia University at Parkersburg.
and West Virginia university institute of technology
(b) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a of this chapter;
(c) "Freestanding community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community
and Technical College and Eastern West
Virginia Community and Technical College which may not be operated
as branches or off-campus locations of any other state institution
of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college," in the singular or
plural, means the freestanding community and technical colleges and
other state institutions of higher education which deliver
community and technical college education. This definition
includes Southern West Virginia Community and Technical College,
West Virginia Northern Community
and technical College, Eastern
West Virginia Community and Technical College, New River Community
and Technical College, West Virginia University at Parkersburg, The
Community and Technical College at West Virginia
university
Institute of Technology, The Community and Technical College of
Shepherd, Fairmont State Community and Technical College, Marshall
Community and Technical College and West Virginia State Community
and Technical College;
(f) "Community and technical college education" means the programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in article
three-c of this chapter;
(g) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(I) "Higher Education Policy Commission," "Policy Commission"
or "Commission" means the commission created pursuant to section
one, article one-b of this chapter;
(j) "Chancellor for Higher Education" means the chief
executive officer of the Higher Education Policy Commission
employed pursuant to section five, article one-b of this chapter;
(k) "Chancellor for Community and Technical College education"
means the Chief Executive Officer of the West Virginia Council for
Community and Technical College Education employed pursuant to
section three, article two-b of this chapter;
(l) "Chancellor" means the chancellor for Higher Education
where the context refers to a function of the Higher Education
Policy Commission. "Chancellor" means chancellor for Community and
Technical College Education where the context refers to a function
of the West Virginia Council for Community and Technical College Education;
(m) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources in the prior fiscal
year, including, but not limited to, tuition and fees and
legislative appropriation, and any adjustments to that funding as
approved by the commission or council based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(n) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education resulting
in or which may result in a two-year associate degree award
including an associate of arts, an associate of science and an
associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit
and noncredit workforce development programs; and transfer and
baccalaureate parallel programs. All such programs are under the
jurisdiction of the council. Any reference to "post-secondary
vocational education programs" means community and technical
college education programs as defined in this subsection;
(o) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(p)
For the purposes of this chapter and chapter eighteen-c of this code "Senior administrator" means the vice chancellor for
administration employed
by the commission with the advice and
consent of the council in accordance with section two, article four
of this chapter;
(q) "State college" means Bluefield State College, Concord
college University, Fairmont State
college University, Glenville
State College, Shepherd
college University, West Liberty State
College,
West Virginia Institute of Technology or West Virginia
State
college University;
(r) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(s) Until the first day of July, two thousand five, "regional
campus" means West Virginia university at Parkersburg, Potomac
state college of West Virginia university and West Virginia
university institute of technology;
(t) (s) The advisory board previously appointed for the West
Virginia Graduate College is known as the "Board of Visitors" and
shall provide guidance to the Marshall University Graduate College;
(u) (t) "Institutional compact" means the compact between the
commission or council and a state institution of higher education
under its jurisdiction, as described in section two, article one-a
of this chapter;
(v) (u) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison
purposes and selected by the commission pursuant to section three,
article one-a of this chapter;
(w) (v) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter;
(x) (w) "Sponsoring institution" means a state institution of
higher education that maintains an administrative link to a
community and technical college pursuant to section eight, article
three-c of this chapter;
(y) (x) "Collaboration" means entering into an agreement with
one or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(z) (y) "Broker" or "brokering" means serving as an agent on
behalf of students, employers, communities or responsibility areas
to obtain education services not offered at that institution.
These services include courses, degree programs or other services
contracted through an agreement with a provider of education
services either in-state or out-of-state; and
(aa) (z) "Council" means the West Virginia Council for
Community and Technical College Education created pursuant to
article two-b of this chapter.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST VIRGINIA.
§18B-1A-2. Institutional compacts with state institutions of
higher education; establishment and review process.
(a) Each state college and university shall prepare an
institutional compact for submission to the commission. Each
community and technical college shall prepare an institutional
compact for submission to the council. When the process herein
provided is completed, the institutional compacts shall form the
agreements between the institutions of higher education and the
commission or council, respectively, and, ultimately, between the
institutions of higher education and the people of West Virginia on
how the institutions will use their resources to address the intent
of the Legislature and the goals set forth in section one-a,
article one of this chapter. The compacts shall contain the
following:
(1) A step-by-step process to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter as organized by the commission and council. The
step-by-step process shall be delineated by objectives and shall
set forth a time line for achieving the objectives which shall,
where applicable, include benchmarks to measure institutional
progress as defined in subsection (e) of this section.
(2) A determination of the mission of the institution which
specifically addresses changes, as applicable, in the areas of research, graduate education, baccalaureate education, revised
admission requirements, community and technical colleges and such
other areas as the commission or council determines appropriate.
In the determination of mission, the institutions and the
commission or council shall consider the report completed by the
national center for higher education management systems pursuant to
the legislative study as provided in section seven, article three
of this chapter;
(3) A plan which is calculated to make any changes in
institutional mission and structure within a six-year period;
(4) A statement of the geographic areas of responsibility,
where applicable, for each goal to be accomplished as provided in
subsection (d) of this section;
(5) A detailed statement of how the compact is aligned with
and will be implemented in conjunction with the master plan of the
institution;
(6) Such other items, requirements or initiatives, required by
the commission or council, designed to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter or other public policy goals established by the
commission or council.
(b) Each institutional compact shall be updated annually and
shall follow the same general guidelines contained in subsection
(a) of this section.
(c) Development and updating of the institutional compacts is
subject to the following:
(1) The ultimate responsibility for developing and updating
the institutional compacts at the institutional level resides with
the institutional board of advisors or the board of governors, as
appropriate;
(2) The ultimate responsibility for developing and adopting
the final version of the state college and university institutional
compacts resides with the commission and the ultimate
responsibility for developing and adopting the final version of the
community and technical college institutional compacts resides with
the council;
(3) Each institution shall submit its compact to the
commission or council annually by the fifteenth day of November;
(4) The commission and council shall review each compact of
the institutions under their respective jurisdictions and either
adopt the compact or return it with specific comments for change or
improvement. The commission and council, as appropriate, shall
continue this process as long as each considers advisable;
(5) By the first day of May annually, if the institutional
compact of any institution as presented by that institution is not
adopted by the commission or council, then the commission or
council is empowered and directed to develop and adopt the
institutional compact for the institution and the institution is bound by the compact so adopted; and
(6) As far as practicable, the commission and council each
shall establish uniform processes and forms for the development and
submission of the institutional compacts by the institutions under
their respective jurisdictions. As a part of this function, the
commission and council shall organize the statements of legislative
intent and goals contained in section one-a, article one of this
chapter in a manner that facilitates the purposes of this
subdivision and the purposes of this section.
(d)
Assignment of geographic areas of responsibility. --
(1) The commission shall assign geographic areas of
responsibility to the state institutions of higher education under
its jurisdiction, except for the state institutions of higher
education known as Marshall University and West Virginia
University. For institutions other than the state institutions of
higher education known as Marshall University and West Virginia
University, the geographic areas of responsibility are made a part
of their institutional compacts to ensure that all areas of the
state are provided necessary programs and services to achieve the
public policy agenda.
(2) Pursuant to the provisions of section four, article
three-c of this chapter, the council shall assign geographic areas
of responsibility to the state institutions of higher education
under its jurisdiction, including the administratively linked institution known as Marshall Community and Technical College
the
administratively linked institution known as The Community and
Technical College at West Virginia University Institute of
Technology and the regional campus known as West Virginia
University at Parkersburg.
(3) The geographic areas of responsibility for the state
institutions of higher education known as Marshall University and
West Virginia University are assigned by the Legislature.
(4) The benchmarks established in the institutional compacts
shall include measures of programs and services by geographic area
throughout the assigned geographic area of responsibility.
(e) The compacts shall contain benchmarks used to determine
progress toward meeting the goals established in the compacts. The
benchmarks shall meet the following criteria:
(1) They shall be as objective as possible;
(2) They shall be directly linked to the goals in the
compacts;
(3) They shall be measured by the indicators described in
subsection (f) of this section; and
(4) Where applicable, they shall be used to measure progress
in geographic areas of responsibility.
(f) The commission and council each shall establish by
legislative rule indicators which measure the degree to which the
goals and objectives set forth in section one-a, article one of this chapter are being addressed and met by the institutions under
their respective jurisdictions. The benchmarks established in
subsection (e) of this section shall be measured by the indicators.
(1) The rules pertaining to benchmarks and indicators in
effect for the commission and the council on the effective date of
this section remain in effect for the institutions under their
respective jurisdictions.
(2) The legislative rules shall set forth at the least the
following as pertains to all state institutions of higher
education:
(A) The indicators used to measure the degree to which the
goals and objectives are being met;
(B) Uniform definitions for the various data elements to be
used in establishing the indicators;
(C) Guidelines for the collection and reporting of data; and
(D) Sufficient detail within the benchmarks and indicators to:
(I) Provide measurable evidence that the pursuits of the
institution are targeting the educational needs of the citizens of
the state and the components of the compacts and master plans;
(ii) Delineate the goals and benchmarks for an institution so
that the commission, or council can precisely measure the degree to
which progress is being made toward achieving the goals for
post-secondary education provided in section one-a, article one of
this chapter; and
(iii) Distinctly identify specific goals within the master
plan or compact of an institution that are not being met or toward
which sufficient progress is not being made.
(3) In addition to any other requirement, the legislative rule
established by the council shall set forth at the least the
following as pertains to community and technical college education:
(A) Benchmarks and indicators which are targeted to identify:
(I) The degree to which progress is being made by institutions
toward meeting the goals for post-secondary education and the
essential conditions provided in section three, article three-c of
this chapter;
(ii) Information and data necessary to be considered by the
council in making the determination required by section three,
article two-c of this chapter;
(iii) The degree to which progress is being made in the areas
considered by the council for the purpose of making the
determination required by section three, article two-c of this
chapter; and
(B) Sufficient detail within the benchmarks and indicators to
provide clear evidence to support an objective determination by the
council that an institution's progress toward achieving the goals
for post-secondary education and the essential conditions is so
deficient that implementation of the provisions of section four,
article two-c of this chapter is warranted and necessary.
(g) The commission or the council, as appropriate, shall
approve the master plans developed by the boards of governors and
the institutional boards of advisors pursuant to section four,
article two-a of this chapter or section one, article six of this
chapter, as appropriate.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a)
Appointment of institutional presidents. -- Appointment of
presidents of the state institutions of higher education shall be
made as follows:
(1) Subject to the approval of the commission, the governing
board of the institution appoints a president for Bluefield State
College, Concord University, Fairmont State University, Glenville
State College, Marshall University, Shepherd University, West
Liberty State College,
West Virginia Institute of Technology, West
Virginia School of Osteopathic Medicine, West Virginia State
University and West Virginia University.
(2) Subject to the approval of the council and to the
provisions of article three-c of this chapter, the governing board
of West Virginia University appoints the president of the regional
campus known as West Virginia University at Parkersburg.
The
president serves at the will and pleasure of the governing board.
When selecting candidates for consideration to fill the office of
president, the governing board shall use the search and screening process provided in section one, article six of this chapter.
Subject to the approval of the Commission, the Governing Board
of West Virginia University appoints the President of the regional
campus known as West Virginia University Institute of Technology.
The president of each regional campus serves at the will and
pleasure of the appointing governing board.
(3) Subject to the approval of the council, the governing
board of the community and technical college appoints a president
for Eastern West Virginia Community and Technical College, Southern
West Virginia Community and Technical College and West Virginia
Northern Community
and Technical College.
(4) Subject to the approval of the council, the governing
board of the sponsoring institution appoints a president for each
administratively linked community and technical college which
shares a physical campus location with the sponsoring institution,
including Fairmont State Community and Technical College, Marshall
Community and Technical College, The Community and Technical
College at West Virginia
University Institute of Technology and
West Virginia State Community and Technical College.
(5) Subject to the approval of the council, the governing
board of the community and technical college appoints a president
for each administratively linked community and technical college
which does not share a physical campus location with the sponsoring
institution, including New River Community and Technical College and The Community and Technical College of Shepherd.
(b)
Other appointments. -- The institutional president
appoints a provost to be the administrative head of the Potomac
campus of West Virginia University.
(c)
Evaluation of presidents. -- The appointing governing
board shall conduct written performance evaluations of each
institution's president, including the presidents of
administratively linked community and technical colleges.
Evaluations shall be done in every fourth year of employment as
president, recognizing unique characteristics of the institution
and utilizing institutional personnel, institutional boards of
advisors as appropriate, staff of the appropriate governing board
and persons knowledgeable in higher education matters who are not
otherwise employed by a governing board. A part of the evaluation
shall be a determination of the success of the institution in
meeting the requirements of its institutional compact.
ARTICLE 1C. WEST VIRGINIA INSTITUTE OF TECHNOLOGY.
§18B-1C-1. Legislative findings and intent.
(a) The legislative oversight commission on education
accountability is charged with responsibility to monitor and
oversee implementation of the policy changes required by this act.
(b) The responsibilities of the commission include, but are
not limited to, the following:
(1) Reviewing the overall progress of the commission and institutions in implementing the provisions of this act;
(2) Reviewing the implementation of financing policy
including:
(A) Monitoring the process for selecting peer institutions as
provided for in section three, article one-a of this chapter;
(B) Monitoring the process for determining the institutional
operating budgets pursuant to section five, article one-a of this
chapter;
(3) Monitoring the development of indicators and benchmarks as
provided for in section two, article one-a of this chapter;
(4) Monitoring the development of the institutional compacts
pursuant to section two, article one-a of this chapter and the
statewide master plan required in section nine, article one-b of
this chapter; and
(5) Subject to the provisions of section eight, article
three-c of this chapter, evaluating the existing community and
technical college programs and services at each of the community
and technical colleges and determining the effectiveness of the
indicated manner to accomplish the essential conditions at each
institution. Notwithstanding the provisions of section eight,
article three-c of this chapter, the team shall determine if the
goals of section one-a, article one of this chapter are being met
under the current structure;
(c) The provisions of this section expire the thirtieth day of June, two thousand one.
(a) The Legislature recognizes that:
(1) West Virginia Institute of Technology is a vital part of
higher education in southern West Virginia;
(2) The engineering program at West Virginia Institute of
Technology plays a significant role in the continued success of the
students at the institution and to the state as a whole; and
(3) A collaborative program between the engineering program of
West Virginia Institute of Technology and the Dow Research Park in
South Charleston, West Virginia, would:
(A) Lead to a greater understanding and knowledge of
engineering research;
(B) Lead to greater opportunities for students to engage in
research that is directly connected to the research park; and
(C) Result in greater opportunities for participating students
to find gainful employment in future research or to continue
graduate level research and study.
(b) It is the intent of the Legislature to encourage the
development of a collaborative linkage between West Virginia
Institute of Technology and the Dow Research Park that provides
significant educational opportunities to students.
(c) It is specifically the intent of the Legislature that:
(1) The baccalaureate engineering program offered at West
Virginia Institute of Technology be and remain a permanent component of its curriculum; and
(2) A collaborative engineering program be established between
West Virginia Institute of Technology and the Dow Research Park;
and
(3) Junior and senior level engineering students at West
Virginia Institute of Technology are offered the opportunity to
participate in cooperative programs, internships, stipend assisted
research programs, research tutorials and small group research with
the Dow Research Park, but that the core engineering program shall
remain at West Virginia Institute of Technology in Montgomery, West
Virginia.
§18B-1C-2. West Virginia Institute of Technology; The Community
and Technical College at West Virginia Institute of
Technology.
(a) For the transition year beginning on the first day of
July, two thousand, and ending on the thirtieth day of June, two
thousand one, there is hereby established the higher education
interim governing board, hereinafter referred to as the "interim
governing board", to serve as the governing board for public higher
education in West Virginia. The interim governing board shall have
such powers and duties pursuant to section eight, article one of
this chapter, as may be necessary to carry out their
responsibilities under this section.
(b) The interim governing board is comprised of nine persons, appointed by the governor, with the advice and consent of the
Senate. Nothing herein shall prohibit a person from serving
concurrently on the interim governing board and an institutional
board of advisors.
(c) The interim governing board shall be appointed as soon as
possible after the passage of this act and shall continue its
duties until the thirtieth day of June, two thousand one.
Appointments to the board shall be made so that members may begin
their work no later than the first day of July, two thousand.
(d) Any person appointed to a position on the board shall have
governing experience in higher education, be knowledgeable on
education matters and represent the public interest.
(e) The members shall elect a chairman.
(f) The board shall meet as needed at the time and place
specified by the call of the chairperson or a majority of the
members.
(g) The intent and purposes of the interim governing board
are:
(1) To serve and act as the governing board for state
institutions of higher education and to ensure a smooth, efficient
transition to a new governing structure to be effective the first
day of July, two thousand one;
(2) To initiate the implementation of this act and to inform
the governor and the Legislature of the implementation status and of any areas in which further executive or legislative action may
be necessary;
(3) To advise and assist the commission on implementation of
the act in a manner which achieves the intent, purposes and goals
of the act;
(4) To resolve, or seek appropriate remedy of, errors,
omissions, oversights or conflicts relative to implementation of
the act; and
(5) To take such other action within their scope of authority
as may be necessary to provide for the smooth transition in the
governance of the higher education system.
(h) Members of the board shall be reimbursed for actual and
necessary expenses incident to the performance of their duties upon
presentation of an itemized sworn statement thereof. The
reimbursement shall be paid from legislative appropriations and
other funds available to the board.
(I) A majority of the members constitutes a quorum for
conducting the business of the board.
(j) On the first day of July, two thousand, there is
transferred to the interim governing board, all powers, duties,
property, obligations, contracts, rules, orders, resolutions or any
other matters which were vested in the prior boards of trustees,
directors or both.
(k) The provisions of this section expire on the thirtieth day of June, two thousand one.
(a) West Virginia University Institute of Technology located
in Montgomery, Fayette county, is continued and is hereafter named
"West Virginia Institute of Technology". Any reference in this
code to West Virginia University Institute of Technology means West
Virginia Institute of Technology. The Community and Technical
College at West Virginia University Institute of Technology located
in Montgomery, Fayette county, is continued and is hereafter named
"The Community and Technical College at West Virginia Institute of
Technology". Any reference in this code to West Virginia
University Institute of Technology means West Virginia Institute of
Technology.
(b) West Virginia Institute of Technology is an independent
institution, and is not operated as a branch, off-campus location
or division of any other institution of higher education. The
Community and Technical College at West Virginia Institute of
Technology remains administratively-linked to West Virginia
Institute of Technology. West Virginia Institute of Technology and
the Community and Technical College at West Virginia Institute of
Technology are governed by the West Virginia Institute of
Technology Governing Board established pursuant to section one,
article two-a of this chapter. The Community and Technical College
at West Virginia University Institute of Technology Advisory Board
is continued as The Community and Technical College at West Virginia Institute of Technology Advisory Board. Such board's
powers, duties and authorities regarding the community and
technical college are continued, and The Community and Technical
College at West Virginia Institute of Technology remains subject to
such board.
(c) All powers, duties and authorities of the West Virginia
University Board of Governors regarding the former West Virginia
University Institute of Technology and The Community and Technical
College at West Virginia University Institute of Technology are
transferred to the West Virginia Institute of Technology Board of
Governors. Such powers, duties and authorities are exercised and
performed by the West Virginia Institute of Technology Board of
Governors.
(d) Title to all real and personal property previously
transferred to or vested in the West Virginia University Board of
Governors is transferred to the West Virginia Institute of
Technology Board of Governors if the property is:
(1) For the benefit of or used exclusively by West Virginia
Institute of Technology or The Community and Technical College at
West Virginia Institute of Technology; or
(2) Physically located on the campus of or specifically
identifiable with West Virginia Institute of Technology or The
Community and Technical College at West Virginia Institute of
Technology.
(e) Each valid agreement and obligation previously transferred
to or vested in the West Virginia University Board of Governors for
the benefit or on behalf of the former West Virginia University
Institute of Technology or The Community and Technical College at
West Virginia University Institute of Technology is transferred to
the West Virginia Institute of Technology Governing Board.
(f) All orders, resolutions and rules adopted or promulgated
by the West Virginia University Board of Governors and in effect on
the effective date of this section remain in effect for the West
Virginia Institute of Technology Governing Board. Such orders,
resolutions and rules continue in effect for the West Virginia
Institute of Technology Governing Board until rescinded or amended
by the board.
(g) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the West Virginia
University Governing Board on behalf of the former West Virginia
University Institute of Technology or The Community and Technical
College at West Virginia University Institute of Technology is
transferred to the West Virginia Institute of Technology Board of
Governors.
(h) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question:
(1) The matter shall be summarized in writing and sent to the commission if it relates to West Virginia Institute of Technology.
The commission shall make a determination regarding the matter
within thirty days of receipt; or
(2) The matter shall be summarized in writing and sent to the
council if it relates to The Community and Technical College at
West Virginia Institute of Technology. The council shall make a
determination regarding the matter within thirty days of receipt.
(I) This section does not alter the authority of the
commission regarding West Virginia Institute of Technology, nor the
authority of the council over The Community and Technical College
at West Virginia Institute of Technology.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College,
The Community and Technical
College of Shepherd, Concord
college University, Eastern West
Virginia Community and Technical College, Fairmont State
college
University, Glenville State College, Marshall University,
New River
Community and Technical College, Shepherd
college University,
Southern West Virginia Community and Technical College, West
Liberty State College, West Virginia Northern Community
and
technical College, the West Virginia School of Osteopathic
Medicine, West Virginia State
college University and West Virginia University.
(b)
The West Virginia University Institute of Technology Board
of Advisors is abolished. The West Virginia Institute of
Technology Board of Governors is established. The Governor shall
appoint members to the board as soon as practicable, and in
accordance with this section. Members of the former West Virginia
University Institute of Technology Board of Advisors:
(1) Serve as members of the Board of Governors until
membership to the Board of Governors has been appointed and
confirmed; and
(2) May be appointed to the Board of Governors.
(b) (c) For The Community and Technical College of Shepherd
and
Shepherd University, and for New River Community and Technical
College
and Bluefield State College: the institutional board of
advisors remains in place until the institution achieves
independent accreditation as provided in section eight, article
three-c of this chapter.
(1) As long as the institutional board of advisors remains in
place, the chairperson of the board of advisors serves as an ex
officio, voting member of the board of governors of the sponsoring
institution;
(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed pursuant to this section;
(3) When a board of governors is established for the community
and technical college:
(A) (1) The chairperson of the governing board of the
sponsoring institution serves as an ex officio, nonvoting member of
the governing board of the community and technical college board of
governors; and
(B) (2) The chairperson of the governing board of the
community and technical college serves as an ex officio, nonvoting
member of the governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of
governors, the governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
(c) (d) The institutional board of governors for Marshall
University
and for West Virginia University each consists of
sixteen persons.
and the institutional board of governors for West
Virginia university consists of seventeen persons Each other board
of governors consists of twelve persons.
(d) (e) Each board of governors includes the following
members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the Institutional Board of Governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the Institutional Board of
Advisors of Marshall Community and Technical College serving as an
ex officio, voting member.
(5) For the Institutional Board of Governors at West Virginia
University, twelve lay members appointed by the Governor by and
with the advice and consent of the Senate pursuant to this section
and, additionally, the chairperson of the Institutional Board of
Advisors of
the community and technical college at West Virginia
university institute of technology and West Virginia University at
Parkersburg.
(6) For each institutional board of governors of an
institution that does not have an administratively-linked community
and technical college under its jurisdiction, nine lay members
appointed by the Governor, by and with the advice and consent of
the Senate, pursuant to this section.
(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of
advisors of the administratively linked community and technical
college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
(e) (f) Of the eight or nine members appointed by the
Governor, no more than five may be of the same political party. Of
the twelve members appointed by the Governor to the governing
boards of Marshall University and West Virginia University, no more
than seven may be of the same political party. Of the eight or
nine members appointed by the Governor, at least six shall be
residents of the state. Of the twelve members appointed by the
Governor to the governing boards of Marshall University and West
Virginia University, at least eight shall be residents of the
state.
(f) (g) The student member serves for a term of one year.
Each term begins on the first day of July.
(g) (h) The faculty member serves for a term of two years. Each term begins on the first day of July. Faculty members are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.
(h) (I) The member representing classified employees serves
for a term of two years. Each term begins on the first day of
July. Members representing classified employees are eligible to
succeed themselves for three additional terms, not to exceed a
total of eight consecutive years.
(I) (j) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more than
one additional term.
(j) (k) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy 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 June preceding the commencement of the term. Each board of
governors shall elect one of its appointed lay members to be
chairperson in June of each year. A member may not serve as
chairperson for more than two consecutive years.
(k) (l) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(l) (m) A person is ineligible for appointment to membership
on a board of governors of a state institution of higher education under the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, a member of an institutional board of
advisors of any public institution of higher education, an employee
of any institution of higher education, an officer or member of any
political party executive committee, the holder of any other public
office or public employment under the government of this state or
any of its political subdivisions or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees, students or chairpersons of
the boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of an institutional board of
advisors of any public institution of higher education; an employee
of any institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees, students or chairpersons of the boards of advisors from being
members of the governing boards.
(m) (n) Before exercising any authority or performing any
duties as a member of a governing board, each member shall qualify
as such by taking and subscribing to the oath of office prescribed
by section five, article IV of the Constitution of West Virginia
and the certificate thereof shall be filed with the secretary of
state.
(n) (o) A member of a governing board appointed by the
governor may not be removed from office by the governor except for
official misconduct, incompetence, neglect of duty or gross
immorality and then only in the manner prescribed by law for the
removal of the state elective officers by the governor.
(o) (p) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-1. Legislative findings, purpose; intent; definition.
(a) The Legislature finds that an effective and efficient
system of doctoral-level education is vital to providing for the
economic well-being of the citizens of West Virginia and for
accomplishing established state goals and objectives. As the only
research and doctoral-granting public universities in the state,
Marshall University and West Virginia University are major assets
to the citizens of West Virginia and must be an integral part of
any plan to strengthen and expand the economy.
(b) The Legislature further finds that these two institutions
must compete in both a national and global environment that is
rapidly changing, while they continue to provide high quality
education that is both affordable and accessible and remain
accountable to the people of West Virginia for the most efficient
and effective use of scarce resources.
(c) The Legislature further finds that Marshall University and
West Virginia University, under the direction of their respective
governing boards, have sufficient staff and internal expertise to
manage operational governance of their institutions in an efficient
and accountable manner and can best fulfill their public missions
when their governing boards are given flexibility and autonomy
sufficient to meet state goals established in this article and in
section one-a, article one of this chapter.
(d) Therefore, the purposes of this article include, but are
not limited to, the following:
(1) Enhancing the competitive position of Marshall University
and West Virginia University in the current environment for
research and development;
(2) Providing the governing boards of these institutions with
operational flexibility and autonomy, including tools to promote
economic development in West Virginia;
(3) Encouraging the development of research expertise in areas
directly beneficial to the state; and
(4) Focusing the attention and resources of the governing
boards on state goals and priorities to enhance the competitive
position of the state and the economic, social and cultural
well-being of its citizens.
(e) The following terms wherever used or referred to in this
chapter have the following meaning, unless a different meaning
plainly appears from the context:
(1) "State institution of higher education known as Marshall
University" means the doctoral-granting research institution and
does not include Marshall Community and Technical College; and
(2) "State institution of higher education known as West
Virginia University" means the doctoral-granting research
institution and does not include
any of the following:
(A) The regional campus known as West Virginia University
Institute of Technology;
(B) The administratively linked institution known as the Community and Technical College at West Virginia University
Institute of Technology; and
(C) the regional campus known as West Virginia University at
Parkersburg.
(f) The governing boards of Marshall University and West
Virginia University each have the power and the obligation to
perform functions, tasks and duties as prescribed by law and to
exercise their authority and carry out their responsibilities in a
manner that is consistent with and not in conflict with the powers
and duties assigned by law to the West Virginia council for
Community and Technical College Education and the Higher Education
Policy Commission.
(g) While the governing boards of Marshall University and West
Virginia University, respectively, may choose to delegate powers
and duties to the presidents of the state institutions of higher
education known as Marshall University and West Virginia University
pursuant to subsection (s), section four, article two-a of this
chapter, ultimately, it is they who are accountable to the
Legislature, the Governor and the citizens of West Virginia for
meeting the established state goals set forth in this article and
section one-a, article one of this chapter. Therefore, it is the
intent of the Legislature that grants of operational flexibility
and autonomy be made directly to the governing boards and are not
grants of operational flexibility and autonomy to the presidents of these institutions.
§18B-3-3. Relationship of governing boards to the commission and
the council.
(a)
Relationship between the commission and the governing
boards. --
(1) The commission functions as a state-level coordinating
board exercising its powers and duties in relation to the governing
boards of Marshall University and West Virginia University only as
specifically prescribed by law;
(2) The primary responsibility of the commission is to work
collaboratively with the governing boards to research, develop and
propose policy that will achieve the established goals and
objectives set forth in this chapter and chapter eighteen-c of this
code; and
(3) The commission has specific responsibilities which
include, but are not limited to, the following:
(A) Advocating for public higher education at the state level;
and
(B) Collecting and analyzing data, researching, developing
recommendations, and advising the Legislature and the Governor on
broad policy initiatives, use of incentive funding, national and
regional trends in higher education and issues of resource
allocation involving multiple governing boards.
(b)
Relationship between the council and the governing boards. --
(1) The council maintains all powers and duties assigned to it
by law or policy relating to the administratively linked
institution known as Marshall Community and Technical College
the
administratively linked institution known as the Community and
Technical College at West Virginia University Institute of
Technology and the regional campus known as West Virginia
University at Parkersburg;
(2) In addition to recognizing the authority assigned by law
to the council, it is the responsibility of the governing boards of
Marshall University and West Virginia University to exercise their
authority and carry out their responsibilities in a manner that is
consistent with and complementary to the powers and duties assigned
by law or policy to the community and technical colleges or to the
council;
(3) It is further the responsibility of the governing boards
to abide by the rules duly promulgated by the council relating to
the community and technical colleges, to strengthen the community
and technical college mission of these institutions, to aid them in
meeting the essential conditions set forth in section three,
article three-c of this chapter and to promote them to students,
parents and the community as independently accredited institutions
in their own right.
(c) The governing boards shall work collaboratively with the commission, the council and their staff to provide any and all
information requested by the commission or the council in an
appropriate format and in a timely manner.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-4. Community and technical college consortia planning
districts.
(a) Unless otherwise designated, the president of each
community and technical college facilitates the formation of
community and technical college consortia in the state, which
includes representatives of community and technical colleges,
public vocational-technical education centers, and public
baccalaureate institutions offering associate degrees. The
community and technical college consortium shall:
(1) Complete a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short and long-term workforce development needs of the
district;
(2) Coordinate efforts with regional labor market information
systems to identify the ongoing needs of business and industry,
both current and projected, and to provide information to assist in
an informed program of planning and decision making;
(3) Plan and develop a unified effort between the community
and technical colleges and public vocational-technical education to
meet the documented workforce development needs of the district through individual and cooperative programs, shared facilities,
faculty, staff, equipment and other resources and the development
and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the
workforce needs are met, develop new programs and phase out or
modify existing programs as appropriate to meet such needs,
streamline procedures for designing and implementing customized
training programs;
(5) Increase the integration of secondary and post-secondary
curriculum and programs that are targeted to meet regional labor
market needs, including implementation of seamless curricula
project in all major career pathways and the West Virginia EDGE,
"Earn a Degree Graduate Early" program;
(6) Plan and implement integrated professional development
activities for secondary and post-secondary faculty, staff and
administrators;
(7) Ensure that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing student
credentialing;
(8) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating course work in which they already possess competency;
(9) Cooperate with workforce investment boards in establishing
one-stop-shop career centers with integrated employment and
training and labor market information systems that enable job
seekers to assess their skills, identify and secure needed
education training and secure employment and employers to locate
available workers;
(10) Increase the integration of adult literacy, adult basic
education, federal Work Force Investment Act and community and
technical college programs and services to expedite the transition
of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(b) The community and technical college education consortium
shall cooperate with the regional workforce investment board in the
district and shall participate in any development or amendment to
the regional workforce investment plan.
(c) To carry out the provisions of this section, community and
technical college consortia planning districts are established and
defined as follows:
(1) Northern Panhandle Community and Technical College
District includes Hancock, Brooke, Ohio, Marshall and Wetzel
counties.
(A) The facilitating institution is West Virginia Northern Community
and technical College.
(B) Participating institutions include West Virginia Northern
Community
and technical College; John Marshall High School; Cameron
High School; John D. Rockefeller Center; and other public
vocational technical schools offering post-secondary programs.
(2) North Central West Virginia Community and Technical
College District includes Monongalia, Marion, Preston, Taylor,
Barbour, Randolph, Doddridge, Harrison, Braxton, Lewis, Calhoun,
Gilmer and Upshur counties.
(A) The facilitating institution is Fairmont State Community
and Technical College.
(B) Participating institutions include Fairmont State
Community and Technical College; Glenville State College; Randolph
County Vocational-Technical Center; Monongalia County Technical
Education Center; United Technical Center; Marion County Technical
Center; Fred W. Eberly Technical Center; and other public
vocational technical schools offering post-secondary programs.
(3) Mid-Ohio Valley Community and Technical College District
includes Tyler, Pleasants, Ritchie, Wood, Wirt, Jackson and Roane
counties.
(A) The facilitating institution is West Virginia University
at Parkersburg.
(B) Participating institutions includes West Virginia
University at Parkersburg; West Virginia Northern Community
and technical College; Roane-Jackson Technical Center; Gaston Caperton
Center; Wood County Technical Center; and other public vocational
technical schools offering post-secondary programs.
(4) Potomac Highlands Community and Technical College District
includes Tucker, Pendleton, Grant, Hardy, Mineral and Hampshire
counties.
(A) The facilitating institution is Eastern West Virginia
Community and Technical College.
(B) Participating institutions include Eastern West Virginia
Community and Technical College; South Branch Career and Technical
Center; Mineral County Technical Center; and other public
vocational technical schools offering post-secondary programs.
(5) Shenandoah Valley Community and Technical College District
includes Berkeley, Jefferson and Morgan counties.
(A) The facilitating institution is The Community and
Technical College of Shepherd.
(B) Participating institutions include The Community and
Technical College of Shepherd; James Rumsey Technical Institute;
and other public vocational technical schools offering
post-secondary programs.
(6) Advantage Valley Community and Technical College District
includes Fayette, Kanawha, Clay, Putnam, Cabell, Mason and Wayne
counties.
(A) The facilitating institution is Marshall Community and Technical College.
(B) Every five years the council shall:
(I) Evaluate the progress of the Advantage Valley Consortia
toward achieving the goals and benchmarks of its compact;
(ii) Evaluate the progress of each community and technical
college in the district toward achieving the goals and benchmarks
of its institutional compact;
(iii) Determine which community and technical college in the
district would best serve the needs of the district for the
following five-year period if serving as the facilitating
institution; and
(iv) Designate the community and technical college selected
pursuant to subparagraph (iii) of this paragraph to serve as the
facilitating institution for the following five-year period.
(C) Participating institutions include Marshall Community and
Technical College; the Community and Technology College at West
Virginia
university Institute of Technology; West Virginia State
Community and Technical College; Carver Career Center; Garnet
Career Center; Ben Franklin Career Center; Putnam County
Vocational-Technical-Occupational Center; Cabell County
Career-Technical Center; and other public vocational technical
schools offering post-secondary programs.
(7) Southern Mountains Community and Technical College
District includes Lincoln, Boone, Logan, Mingo, Wyoming and McDowell counties.
(A) The facilitating institution is Southern West Virginia
Community and Technical College.
(B) Participating institutions include Southern West Virginia
Community and Technical College; New River Community and Technical
College; Boone County Career and Technical Center; Wyoming County
Vocational-Technical Center; Ralph R. Willis Career and Technical
Center; McDowell County Career and Technology Center; Mingo County
Vocation-Technical Center; Charles Yeager Technical Center; and
other public vocational technical schools offering post-secondary
programs.
(8) Southeastern Community and Technical College District
includes Raleigh, Summers, Fayette, Nicholas, Webster, Pocahontas,
Greenbrier, Monroe and Mercer counties.
(A) The facilitating institution is New River Community and
Technical College.
(B) Participating institutions include New River Community and
Technical College; Southern West Virginia Community and Technical
College; The Community and Technical College at West Virginia
university Institute of Technology; Bluefield State College;
Academy of Careers and Technology; Fayette Plateau
Vocation-Technology Center; Summers County High School; Monroe
County Technical Center; Mercer County Technical Center; and other
public vocational technical schools offering post-secondary programs.
(d) In the role of the facilitating institution of the
community and technical college district, the college:
(1) Communicates to the council;
(2) Facilitates the delivery of comprehensive community and
technical college education in the region, which includes the seven
areas of comprehensive community and technical college education
delivery as required by section six of this article; and
(3) Facilitates development of statement of commitment signed
by all participating institutions in the region as to how community
and technical college education will be delivered.
(e) Participating institutions are not subordinate to the
facilitating institution but will sign the statement of commitment
to participate.
(f) The council shall:
(1)
Establish Maintain guidelines for community and technical
college consortia development;
(2) Set goals for each consortium based upon legislative goals
for the delivery of comprehensive community and technical college
education; and
(3)
Establish Maintain a format for
development of developing
and revising a consortium compact outlining plans for achieving
stated goals to be submitted to the council
annually for approval.
on or before the fifteenth day of November, two thousand four
(g) On or before the fifteenth day of November
two thousand
four annually, each consortium shall submit to the council for
approval a compact which outlines plans for obtaining the stated
goals. Each compact shall include the implementation of seamless
curricula and the West Virginia EDGE, "Earn a Degree Graduate
Early" program.
and be updated annually
(h) The council annually shall evaluate the progress made in
meeting the compact goals for each community and technical college
consortia through the development and collection of performance
indicator data.
ARTICLE 6. ADVISORY COUNCILS.
§18B-6-1. Institutional boards of advisors for regional campuses
and certain administratively linked community and
technical colleges.
(a) There
is hereby are continued
or established institutional
boards of advisors as follows:
(1) For each regional campus. The chairperson of the board of
advisors of West Virginia University at Parkersburg serves as an ex
officio, voting member of the governing board of West Virginia
University;
(2) For administratively linked community and technical
colleges which share a physical location with the sponsoring
institution. This category includes Fairmont State Community and
Technical College, Marshall Community and Technical College, West Virginia State Community and Technical College and The Community
and Technical College at West Virginia
university Institute of
Technology. The chairperson of the board of advisors of each
administratively linked community and technical college serves as
an ex officio, voting member of the sponsoring institution's board
of governors.
or, in the case of the community and technical
college at West Virginia university institute of technology, the
chairperson of the board of advisors serves as an ex officio voting
member of the governing board of West Virginia university;
(3) For New River community and technical college and the
community and technical college of Shepherd, until these
institutions achieve independent accreditation. As long as New
River community and technical college or the community and
technical college of Shepherd retains a board of advisors and
remains administratively linked to the baccalaureate institution,
the chairperson of that board of advisors serves as an ex officio,
voting member of the governing board of Bluefield state college or
Shepherd college, respectively.
(b) The lay members of the institutional boards of advisors
for the regional campuses are appointed by the board of governors.
(c) The lay members of the institutional boards of advisors
established for the administratively linked community and technical
colleges are appointed by the West Virginia council for Community
and Technical College Education.
(d) The board of advisors consists of fifteen members,
including a full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution; a member of the student body in good academic
standing, enrolled for college credit work and duly elected by the
student body of the respective institution; a member from the
institutional classified employees duly elected by the classified
employees of the respective institution; and twelve lay persons
appointed pursuant to this section who have demonstrated a sincere
interest in and concern for the welfare of that institution and who
are representative of the population of its responsibility district
and fields of study. At least eight of the twelve lay persons
appointed shall be residents of the state. Of the lay members who
are residents of the state, at least two shall be alumni of the
respective institution and no more than a simple majority may be of
the same political party.
(e) The student member serves for a term of one year beginning
upon appointment in July, two thousand four, and ending on the
thirtieth day of April, two thousand five. Thereafter the term
shall begin on the first day of May. The member from the faculty
and the classified employees, respectively, serves for a term of
two years beginning
upon appointment in July, two thousand four,
and ending on the thirtieth day of April, two thousand five.
Thereafter the term shall begin on the first day of May.
and The twelve lay members serve terms of four years each beginning
upon
appointment in July, two thousand four. Thereafter, the term shall
begin on the first day of May. All members are eligible to succeed
themselves for no more than one additional term. A vacancy in an
unexpired term of a member shall be filled for the remainder of the
unexpired term within thirty days of the occurrence thereof in the
same manner as the original appointment or election. Except in the
case of a vacancy:
(1)
Commencing in two thousand five 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; and
(2) Terms of members begin on the first day of May following
election.
except for two thousand four only, terms begin upon
appointment in July
(f) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in May of each year. Additional
meetings may be held upon the call of the chairperson, president of
the institution or upon the written request of at least five
members. A majority of the members constitutes a quorum for
conducting the business of the board of advisors.
(g) One of the twelve lay members shall be elected as
chairperson by the board of advisors in May of each year.
except
that the chairperson elected in two thousand four shall be elected
in July. No A member may
not serve as chairperson for more than two consecutive years.
(h) 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 boards of advisors and the
institutions under this section shall be paid from funds allocated
to the institutions for that purpose.
(I) Prior to the submission by the president to its governing
board, the board of advisors shall review 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 considers proper.
The written comments and recommendations shall accompany the
proposal to the governing board and the governing board shall
include the 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.
(j) Prior to their implementation by the president, the board
of advisors shall review all proposals regarding institution-wide
personnel policies. The board of advisors may comment on the
proposals in writing.
(k) The board of advisors shall provide advice and assistance
to the president and the governing board in areas including, but
not limited to, the following:
(1) Establishing closer connections between higher education
and business, labor, government and community and economic
development organizations to give students greater opportunities to
experience the world of work. Examples of such experiences include
business and community service internships, apprenticeships and
cooperative programs;
(2) Communicating better and serving the current workforce and
workforce 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
(3) Assessing the performance of the institution's graduates
and assisting in job placement.
(l) When a vacancy occurs 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 the council. 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. For the
purposes of the search and screening process only, the 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 council
or to the governing
board in the case of West Virginia university institute of
technology for consideration. If the council
or governing board
rejects all candidates submitted, the committee shall submit the
names of at least three additional candidates and this process
shall be repeated until the council
or governing board approves one
of the candidates submitted. In all cases, the governing board
shall make the appointment with the approval of the council.
or the
commission in the case of West Virginia university institute of
technology The governing board or the council shall provide all
necessary staff assistance to the board of advisors in its role as
a search and screening committee.
(m) The boards of advisors shall develop a master plan for those administratively linked community and technical colleges
which retain boards of advisors. The ultimate responsibility for
developing and updating the master plans at the institutional level
resides with the institutional board of advisors, but the ultimate
responsibility for approving the final version of these
institutional master plans, including periodic updates, resides
with the council. The plan shall include, but not be limited to,
the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(3) Documentation of the involvement of the commission,
institutional constituency groups, clientele of the institution and
the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including recommendations on the addition or deletion of
degree programs as, in the discretion of the board of advisors, may be necessary.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Advisory council of Classified Employees" or "classified
council" means the state advisory organization of classified
employees created pursuant to section five of this article.
(b) "Advisory council of Faculty" or "faculty council" means
the state advisory organization of faculty created pursuant to
section two of this article.
(c) "Advisory Council of Students" or "student advisory
council" means the state advisory organization of students created
pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means
any regular full-time or regular part-time employee of a governing
board, the commission, the council or the West Virginia Network for
Educational Telecomputing who holds a position that is assigned a
particular job title and pay grade in accordance with the personnel
classification system established by law.
(e) "Community and technical college" means Eastern West
Virginia Community and Technical College, Fairmont State Community
and Technical College, Marshall Community and Technical College,
New River Community and Technical College, West Virginia Northern Community
and technical College, The Community and Technical
College of Shepherd, Southern West Virginia Community and Technical
College, West Virginia State Community and Technical College, the
Community and Technical College at West Virginia
university
Institute of Technology, West Virginia University at Parkersburg
and any other community and technical college so designated by the
Legislature.
(f) "Council" means the West Virginia Council for Community
and Technical College Education created pursuant to section three,
article two-b of this chapter.
(g) "Institutional Classified Employee Council" or "staff
council" means the advisory group of classified employees formed at
a state institution of higher education pursuant to section six of
this article.
(h) "Institutional Faculty Senate", "faculty senate" or
"faculty assembly" means the advisory group of faculty formed at a
state institution of higher education pursuant to section three of
this article.
(I) "State institution of higher education", in the singular
or plural, means the institutions as defined in section two,
article one of this chapter and, additionally, Fairmont State
Community and Technical College, Marshall Community and Technical
College, New River Community and Technical College,
Potomac State
college of West Virginia University Robert C. Byrd Health Sciences Charleston Division of West Virginia University, The Community and
Technical College of Shepherd, West Virginia State Community and
Technical College, West Virginia University at Parkersburg, West
Virginia
University Institute of Technology, the Community and
Technical College at West Virginia
University Institute of
Technology, the Higher Education Policy Commission, the West
Virginia Council for Community and Technical College Education, the
West Virginia Network for Educational Telecomputing and any other
institution so designated by the Legislature.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-1. Definitions.
As used in this article:
(a) "Schedule" or "salary schedule" means the grid of minimum
salary figures listed in section two of this article;
(b) "Academic rank" means the position held by a faculty
member as determined by the president, consistent with policy
established by the governing board, and includes the positions of
professor, associate professor, assistant professor and instructor;
all other ranks are excluded from the provisions of this article;
(c) "Years of experience" means the actual number of years a
person has been a full-time faculty member at an institution of
higher education within this state. Employment for nine months
shall equal equals one year of experience, but
no a faculty member
may
not accrue more than one year of experience during any given academic year. Employment for less than full time, or less than
nine months during any fiscal year,
shall be is prorated. In
accordance with rules established by the governing boards, a
faculty member may be granted additional years of experience for
actual years of work or teaching experience at institutions other
than institutions of higher education within this state;
(d) "Doctoral institutions" means West Virginia University and
Marshall University at Huntington. Doctoral programs at Marshall
University shall be selective and nonduplicative of West Virginia
University unless an exception is recommended by both institutions
and approved by the
board of trustees commission. "Master's II
institutions" means West Virginia School of Osteopathic Medicine
and the
West Virginia Marshall University Graduate College.
"Baccalaureate and two-year institutions" means Bluefield State
College,
The Community and Technical College of Shepherd, The
Community and Technical College at West Virginia Institute of
Technology, Concord
college University, Eastern West Virginia
Community and Technical College, Fairmont State
college University,
Glenville State College,
Marshall Community and Technical College,
New River Community and Technical College, Shepherd
college
University, West Liberty State College, West Virginia
University
Institute of Technology,
West Virginia State Community and
Technical College, West Virginia State
college University, West
Virginia University at Parkersburg, Southern West Virginia Community
and Technical College, West Virginia Northern Community
College and
Potomac state college of West Virginia university and
such other institutions as are designated community colleges by the
board of directors Legislature;
(e) "Salary" means the total nine-month or ten-month salary
paid from state funds to a full-time faculty member, or if other
than nine or ten months, adjusted to a nine-month base salary;
(f) "Full-time faculty" means any faculty member designated as
such by the president, consistent with approved policy of the
appropriate governing board, and those persons with faculty rank
who have research or administrative responsibilities;
(g) "Fiscal year" means twelve calendar months and begins on
the first day of July and ends on the thirtieth day of June; and
(h) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to
rectify salary inequities or accommodate competitive market
conditions, in accordance with policy established by the
appropriate governing board.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
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 the tuition and fees
any one or more of the following as defined in section one-b of
this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing systemwide and institutional debt
service and future systemwide and institutional debt service,
capital projects and campus renewal for educational and general
facilities.
(4) Subject to any covenants or restrictions imposed with
respect to revenue bonds payable from such accounts, an institution
may expend funds from each such special revenue account for any
purpose for which funds were collected within that account
regardless of the original purpose for which the funds were
collected.
(c) The purposes for which tuition and fees may be expended include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular activities.
Additionally, tuition and fees may be used to finance a student's
attorney to perform legal services for students in civil matters at
the institutions:
Provided, That the legal services are limited
only to those types of cases, programs or services approved by the
administrative head of the institution where the legal services are
to be performed.
(d) The commission and council jointly shall propose a rule
for legislative approval in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to govern the
fixing, collection and expenditure of tuition and other fees.
(e) The Legislature finds that an emergency exists and,
therefore, the commission and council jointly shall file the rule
required by subsection (d) of this section as an emergency rule
pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code, subject to the prior approval of the
Legislative Oversight Commission on Education Accountability.
(f) The schedule of all tuition and 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
commission or council, or both, as appropriate, and the Legislative
Auditor a certified copy of such schedule and changes.
(g) The boards shall establish the rates to be charged full-time students, as defined in section one-b of this article,
who are enrolled during a regular academic term.
(1) 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.
(2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the above provisions.
(h) All fees are due and payable by the student upon
enrollment and registration for classes except as provided in this
subsection:
(1) The governing boards shall permit fee payments to be made
in installments over the course of the academic term. All fees
shall be paid prior to the awarding of course credit at the end of
the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing
boards may charge the students for the reasonable and customary
charges incurred in accepting credit cards and other methods of payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code, defining conditions under which an
institution may offer tuition and fee deferred payment plans
through the institution or through third parties.
(5) An institution may charge interest or fees for any
deferred or installment payment plans.
(I) In addition to the other fees provided in this section,
each governing board may impose, collect and distribute a fee to be
used to finance a nonprofit, student-controlled public interest
research group if the students at the institution demonstrate
support for the increased fee in a manner and method established by
that institution's elected student government. The fee may not be
used to finance litigation against the institution.
(j) Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with the tuition rule proposed by the commission and council
jointly pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
commission, council or both, as appropriate, a mandatory auxiliary
fee under the following conditions:
(A) The fee shall be approved by the commission, council or
both, as appropriate, and either the students below the senior
level at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees. All state subsidies for the auxiliary
services shall cease five years from the date the mandatory
auxiliary fee is implemented;
(E) The commission, council or both, as appropriate, shall
certify to the Legislature by the first day of October in the
fiscal year following implementation of the fee, and annually
thereafter, the amount of fees collected for each of the five years;
(4) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.
(k) A penalty may not be imposed by the commission or council
upon any institution based upon the number of nonresidents who
attend the institution unless the commission or council determines
that admission of nonresidents to any institution or program of
study within the institution is impeding unreasonably the ability
of resident students to attend the institution or participate in
the programs of the institution. The institutions shall report
annually to the commission or council on the numbers of
nonresidents and such other enrollment information as the
commission or council may request.
(l) Tuition and fee increases of the governing boards, except
for the governing boards of the state institutions of higher
education known as Marshall University and West Virginia
University, are subject to rules adopted by the commission and
council jointly pursuant to this section and in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of subdivision (4) of this subsection, a governing board of an institution under the
jurisdiction of the commission may propose tuition and fee
increases of up to nine and one-half percent for undergraduate
resident students for any fiscal year. The nine and one-half
percent total includes the amount of increase over existing tuition
and fees, combined with the amount of any newly established,
specialized fee which may be proposed by a governing board.
(2) A governing board of an institution under the jurisdiction
of the council may propose tuition and fee increases of up to four
and three quarters percent for undergraduate resident students for
any fiscal year. The four and three-quarters percent total
includes the amount of increase over existing tuition and fees,
combined with the amount of any newly established, specialized fee
which may be proposed by a governing board.
(3) The commission or council, as appropriate, shall examine
individually each request from a governing board for an increase.
(4) The governing boards of Marshall University and West
Virginia University, as these provisions relate to the state
institutions of higher education known as Marshall University and
West Virginia University, each may annually:
(A) Increase tuition and fees for undergraduate resident
students to the maximum allowed by this section without seeking
approval from the commission; and
(B) Set tuition and fee rates for post-baccalaureate resident students and for all nonresident students, including establishing
regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of this subdivision do not apply to tuition
and fee rates of the administratively linked institution known as
Marshall Community and Technical College,
the administratively
linked institution known as the Community and Technical College at
West Virginia University Institute of Technology and the regional
campuses campus known as West Virginia University
Institute of
Technology and West Virginia University at Parkersburg.
(5) Any proposed tuition and fee increase for state
institutions of higher education other than the state institutions
of higher education known as Marshall University and West Virginia
University requires the approval of the commission or council, as
appropriate. In determining whether to approve or deny the
governing board's request, the commission or council shall
determine the progress the institution has made toward meeting the
conditions outlined in this subdivision and shall make this
determination the predominate factor in its decision. The
commission or council shall consider the degree to which each
institution has met the following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the commission or
council;
(B) Is consistently achieving the benchmarks established in the compact of the institution pursuant to the provisions of
article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Has demonstrated to the satisfaction of the commission or
council that an increase will be used to maintain high-quality
programs at the institution;
(E) Has demonstrated to the satisfaction of the commission or
council that the institution is making adequate progress toward
achieving the goals for education established by the southern
regional education board; and
(F) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(6) This section does not require equal increases among
institutions or require any level of increase at an institution.
(7) The commission and council shall report to the Legislative
Oversight commission on Education Accountability regarding the
basis for each approval or denial as determined using the criteria
established in subdivision (5) of this subsection.
NOTE: The purpose of this bill is to change West Virginia
University Institute of Technology to the West Virginia Institute
of Technology and make it an independent institution. It also continues the administrative link between the Community and
Technical College at West Virginia Institute of Technology and the
West Virginia Institute of Technology.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
