H. B. 4744
(By Delegates Mezzatesta, Tabb, Renner,
Long, Beach, Swartzmiller and Stemple)
(Originating in the Committee on Education)
[March 1, 2004]
A BILL to amend and reenact §18B-1A-6 of the code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §18B-1A-9; to amend and reenact §18B-4-7
of said code; to amend and reenact
§18B-9-2 of said code;
to
amend and reenact §18B-10-2 of said code; to amend said code
by adding thereto a new section, designated §18B-10-17, all
relating to higher education; higher education fees and
academic programs; accreditation of institutions of higher
education; expanding graduate and baccalaureate education
program offerings; standards for degrees; establishing
criteria for achieving university status; expanding the
limitation on nonclassified employees; decreasing the salary
of the current chancellor and setting the salary of any other
chancellor; authorizing certain student fee charges; and
transferring the use of certain higher education resource
fees.
Be it enacted by the Legislature of West Virginia:
That §18B-1A-6 of the code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §18B-1A-9; that §18B-4-7 of said
code be amended and reenacted; that §18B-9-2 of said code be
amended and reenacted; that §18B-10-2 of said code be amended and
reenacted; and that said code be amended by adding thereto a new
section, designated §18B-10-17, all to read as follows:
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST
VIRGINIA.
§18B-1A-6. Graduate education.
(a)
Intent. -- It is the intent of the Legislature to address
the need for high quality graduate education programs to be
available throughout the state.
(b)
Findings. -- The Legislature makes the following findings:
(1) Since West Virginia ranks below its competitor states in
graduate degree production, particularly in the areas that are
important to the state's competitive position in the new economy of
the twenty-first century, there is a considerable need for greater
access to graduate education, especially at the master's degree
level;
(2) There is a significant disparity in access to part-time
graduate degree programs among the different regions of the state
and part-time graduate enrollments are heavily concentrated in the
counties immediately surrounding Marshall university and West
Virginia university;
(3) There is a particular need for increased access to
graduate programs linked directly to the revitalization of the
regional economies of the state; and
(4) There is a particular need for improved quality and
accessibility of pre-service and in-service programs for teachers
in subject matter fields.
(c) In order to meet the need for graduate education, the
commission
shall be is responsible for accomplishing the following:
(1) Ensuring that West Virginia university and Marshall
university expand access to master's degree programs throughout
West Virginia, with a strong emphasis on collaboration with the
baccalaureate colleges and community and technical colleges in each
region;
(2) Ensuring that any institution providing a master's degree
program under the provisions of this section provides a meaningful,
coherent program by offering courses in such a way that students,
including place-bound adults, have ample opportunity to complete a
degree in a reasonable period of time;
(3) Focusing on providing courses that enhance the
professional skills of teachers in their subject areas; and
(4) Ensuring that programs are offered in the most
cost-effective manner to expand access throughout the region and
the state.
(d) Concord college, Fairmont state college,
Glenville state
college, Shepherd college, West Liberty state college and West Virginia state college shall meet the need for graduate education
in their regions by following the procedures outlined below.
(1) The institutions shall develop as graduate centers for
their regions to broker access to graduate programs by contracting
with accredited colleges and universities in and out of the state.
These programs shall be related directly to each region's education
and economic needs.
(2) The institutions may begin collaborative programs with
other institutions leading to the granting of master's degrees in
selected areas that are demonstrated to be related directly to the
needs of their regions and that draw on faculty strengths. An
institution may continue to offer collaborative programs aimed at
meeting the documented needs with the approval of the commission
or, if a sustained need still exists, the institution may move to
the next level.
(3) If the graduate education needs of the region have not
been met through brokering and collaborative programs, the
institution may explore the option of beginning its own
graduate-level program leading to the granting of a master's
degree. The institution may begin its own master's degree program
if it can meet the following conditions as determined by the
commission:
(A) Demonstrate that the institution has successfully
completed each of the steps required before exploring development
of its own master's degree program;
(B) Provide evidence based on experience gained in the
brokering and collaborative arrangements that a sustained demand
exists for the program;
(C) Demonstrate that the baccalaureate institution has the
capacity to provide the program;
(D) Demonstrate that the core mission of the baccalaureate
institution will not be impaired by offering the graduate program;
(E) Provide evidence that the graduate program has a
reasonable expectation of being accredited;
(F) Demonstrate that the need documented in
subdivision
paragraph (B) of this
subsection subdivision is not currently being
met by any other state institution of higher education; and
(G)
The commission may designate one of the institutions
listed in subsection (d) of this section to develop and implement
no more than four of its own master's level programs as a pilot
project: Provided, That the selected institution shall move toward
and achieve regional accreditation of the masters program within a
reasonable time as determined by the commission. The institution
shall be selected based on the following:
(I) Sufficient credentialed faculty to offer quality programs
in the areas selected;
(II) Sufficient unmet demand for the programs; and
(III) Sustainable unmet demand based on generally accepted
projections for population growth in the region served by the
institution.
The programs authorized by this clause may not be restricted
by the provisions of subdivisions (1), (2) and (3) of this
subsection nor by the provisions of subsection (e) of this section.
(e) There is an urgent need for master's degree programs for
teachers in disciplines or subject areas, such as mathematics,
science, history, literature, foreign languages and the arts.
Currently, master's-level courses in education that are offered in
the regions served by the state universities are primarily in areas
such as guidance and counseling, administration, special education
and other disciplines unrelated to teaching in subject areas. If
this need is not being met in a region through the procedure
established in subsection (d) of this section, then the graduate
center in that region may plan a master's degree program in
education focused on teaching in subject area fields in which the
demand is not being met. No institution may An institution may not
begin a graduate program under the provisions of this section until
the program has been reviewed and approved by the commission. The
commission shall approve only those programs, as authorized by this
subsection, that emphasize serving the needs of teachers and
schools in the colleges' immediate regions. In determining whether
a program should be approved, the commission also shall rely upon
the recommendations of the statewide task force on teacher quality
provided for in section eight, article fourteen of this chapter.
(f) The commission shall review all graduate programs being
offered under the provisions of this section and, using the criteria established for program startup in subsection (d) of this
section, determine which programs should be discontinued.
(g) At least annually, the governing boards shall evaluate
graduate programs developed pursuant to the provisions of this
section and report to the commission on the following:
(1) The number of programs being offered and the courses
offered within each program;
(2) The disciplines in which programs are being offered;
(3) The locations and times at which courses are offered;
(4) The number of students enrolled in the program; and
(5) The number of students who have obtained master's degrees
through each program.
The governing boards shall provide the commission with any
additional information the commission requests in order to make a
determination on the viability of a program.
(h) In developing any graduate program under the provisions of
this section, institutions shall consider delivering courses at
times and places convenient to adult students who are employed full
time. Institutions shall place an emphasis on extended degree
programs, distance learning and off-campus centers which utilize
the cost-effective nature of extending existing university capacity
to serve the state rather than duplicating the core university
capacity and incurring the increased cost of developing master's
degree programs at other institutions throughout the state.
(i) Brokering institutions shall invite proposals from other public institutions of higher education for service provision prior
to contracting with other institutions. Provided, That If
institutions propose providing graduate programs in service areas
other than in their responsibility district, the institution
seeking to establish a program shall work through the district's
lead institution in providing those services.
(j) In addition to the approval required by the commission,
authorization for any institution to offer a master's degree
program under the provisions of this section is subject to the
formal approval processes established by the governing boards.
§18B-1A-9. Chancellor salary.
Notwithstanding any other provision of this code to the
contrary, any chancellor employed by the commission or council
shall be paid an annual salary not to exceed two hundred thousand
dollars.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-7. Accreditation of institutions of higher education;
standards for degrees.
(a) The appropriate governing board council shall make rules
for the accreditation of community and technical colleges in this
state and shall determine the minimum standards for conferring
degrees. The commission, shall make rules for the accreditation of
institutions of higher education colleges and universities in this
state under its jurisdiction and shall determine the minimum
standards for the conferring of degrees. No An institution of higher education may not confer any degree on any basis of work or
merit below the minimum standards prescribed by the appropriate
governing board council or commission. Nothing contained herein
shall infringe in this section infringes upon the rights, including
rights to award degrees, granted to any institution by charter
given according to law, or by actions of the governing boards
council or commission or their predecessors, prior to the adoption
effective date of this section.
Notwithstanding any other
provision of this code to the contrary, the governing board of
Marshall university is authorized to develop and confer an
undergraduate degree in engineering without approval from the
commission.
No Except as otherwise provided in this section, a charter or
other instrument containing the right to confer degrees of higher
educational status shall may not be granted by the state of West
Virginia to any institution, association or organization within the
state, nor shall may any such degree be awarded, until the
condition of conferring such the degree has first been approved in
writing by the appropriate governing board council or commission.
(b) Each governing board may designate and rename the
institution under its jurisdiction a university when the
institution achieves the requirements of this subsection. The name
change becomes official and effective one year following the date
on which the commission certifies to the legislative oversight
commission on education accountability that each of the following requirements has been met at the institution:
(1) Seventy-two percent of the faculty have obtained the
terminal degree;
(2) The institution offers at least two master's degree
programS;
(3) At least forty-five master's degrees have been conferred
by the institution;
(4) In the case of a sponsoring institution, its
administratively linked community and technical college has
achieved independent accreditation; and
(5) At the baccalaureate and graduate levels, the institution
has at least a thirty-three percent graduation rate for students
taking no more than five years to complete the degree.
(c) Notwithstanding any other provision of this code, there
remain only two doctoral institutions in the state which are
Marshall university and West Virginia university.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-2. Definitions.
As used in this article:
(a) "Classified employee or employee" means any regular
full-time or regular part-time employee of a governing board, or
the commission, including all employees of the West Virginia
network for educational telecomputing, who hold a position that is
assigned a particular job title and pay grade in accordance with the personnel classification system established by this article or
by the commission;
(b) "Nonclassified employee" means an individual who is
responsible for policy formation at the department or institutional
level, or reports directly to the president, or is in a position
considered critical to the institution by the president pursuant to
policies adopted by the governing board. Provided, That The
percentage of personnel placed in the category of "nonclassified"
at any given institution shall may not exceed ten fifteen percent
of the total number of employees of that institution who are
eligible for membership in any state retirement system of the state
of West Virginia or other retirement plan authorized by the state:
Provided, however That an additional ten percent of the total
number of employees of that institution as defined in this
subsection may be placed in the category of "nonclassified" if they
are in a position considered critical to the institution by the
president. Final approval of such placement shall be with the
appropriate governing board;
(c) "Job description" means the specific listing of duties and
responsibilities as determined by the appropriate governing board,
or the commission and associated with a particular job title;
(d) "Job title" means the name of the position or job as
defined by the appropriate governing board, or the commission;
(e) "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 rules established by the governing
boards, or the commission;
(f) "Pay grade" means the number assigned by the commission to
a particular job title and refers to the vertical column heading of
the salary schedule established in section three of this article;
(g) "Personnel classification system" means the process of job
categorization adopted by the commission by which job title, job
description, pay grade and placement on the salary schedule are
determined;
(h) "Salary" means the amount of compensation paid through the
state treasury per annum to a classified employee;
(i) "Schedule" or "salary schedule" means the grid of annual
salary figures established in section three of this article; and
(j) "Years of experience" means the number of years a person
has been an employee of the state of West Virginia and refers to
the horizontal column heading of the salary schedule established in
section three of this article. For the purpose of placement on the
salary schedule, employment for nine months or more equals one year
of experience, but no a classified employee may not accrue more
than one year of experience during any given fiscal year.
Employment for less than full time or less than nine months during
any fiscal year shall be prorated. In accordance with rules
established by the commission, a classified employee may be granted
additional years of experience not to exceed the actual number of years of prior, relevant work or experience at accredited
institutions of higher education other than state institutions of
higher education.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-2. Higher education resource fee.
In addition to the fees specifically provided for in section
one of this article, all students enrolled for credit at a state
institution of higher education shall pay a higher education
resource fee. The commission and council jointly shall fix the fee
rates for the various institutions and classes of students under
its jurisdiction at community and technical colleges, colleges and
universities, and may from time to time change these rates. The
amount of the fee charged at each institution shall be prorated for
part-time students. The fee imposed by this section is in addition
to the maximum fees allowed to be collected under the provision of
section one of this article and is not limited thereby. Refunds of
such the fee may be made in the same manner as any other fee
collected at state institutions of higher education.
Ninety percent of the total fees collected at each institution
pursuant to this section shall be deposited in a special fund in
the state treasury for the institution at which the fees are
collected and may be used by the institution for libraries and
library supplies, including books, periodicals, subscriptions and
audiovisual materials, instructional equipment and materials; and for the improvement in quality and scope of student services. Up
to ten percent of the fee collections from colleges and
universities shall be deposited in a special fund and expended or
allocated by the commission to meet general operating expenses of
the commission or to fund statewide programs. Up to ten percent of
the fee collections from community and technical colleges shall be
deposited in a special fund and expended or allocated by the
council to meet general operating expenses of the council or to
fund statewide programs. Provided, That the board The boards
shall, to the maximum extent practicable, offset the impact, if
any, on financially needy students of any potential fee increases
under this section by allocating an appropriate amount of such fee
revenue to the state scholarship program to be expended in
accordance with the provisions of article five, chapter eighteen-c
of this code.
The commission and council each shall, on or before the first
day of July of each year annually, provide the legislative auditor
with a report of the projected fee collections for the board and
each of its institutions and the expenditures proposed for such
fee.
§18B-10-17. Title IX fee.
In addition to any other fee charged pursuant to the
provisions of section one, article ten of this chapter,
each
governing board has the authority to impose, collect and expend the
proceeds of a special equity fee under the following conditions:
(a) The fee shall be used solely for the purpose of complying
with the athletic provisions of 20 U.S.C. 1681 et seq., known as
Title IX of the Education Amendment of 1972;
(b) The fee is exempt from limitations on fee increases set
forth in this article for three years from the effective date of
this section;
(c) The fee may not be used by an institution to advance its
classification of participation in its athletics governing body;
and
(d) The fee may not be imposed upon part-time students or
students enrolled in an administratively-linked community and
technical college.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18B-1A-9 and §18B-10-17 are new; therefore, strike-throughs
and underscoring have been omitted.
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