SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version - Originating in Committee Senate Bill 448 History

OTHER VERSIONS  -  Engrossed Version  |  Enrolled Version - Final Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 448

(By Senators Plymale, Edgell, Boley, Bowman, Caldwell, Dempsey, Hunter, Oliverio, Sprouse, Unger and White)

____________

[Originating in the Committee on Education;

reported February 4, 2004 .]

____________


A BILL to repeal §18B-6-1a of the code of West Virginia, 1931, as amended; to amend and reenact §18B-2B-8 of said code; to amend and reenact §18B-6-1, §18B-6-2a, §18B-6-3a, §18B-6-4a and §18B-6-4b of said code; and to amend said code by adding thereto two new sections, designated §18B-6-2 and §18B-6-2b, all relating to higher education advisory boards generally; repealing obsolete language; conforming structure of state advisory groups of faculty, classified employees and students; authorizing advisory groups to meet at call of chairperson or majority of members; authorizing advisory groups to communicate directly with the commission and council; requiring council to develop search and screening guidelines; adding definitions; directing administratively linked community and technical colleges to establish campus advisory groups; adding representatives from campus advisory groups to state advisory groups; clarifying that members of state advisory councils are entitled to reimbursement for travel expenses; creating faculty senates at state institutions of higher education; changing date term begins for student representatives to the state advisory council of students; deleting obsolete language regarding selection of students to serve on institutional governing and advisory boards; and providing exception for classified employees and faculty who represent administratively linked community and technical colleges to serve one-year term on state advisory boards until next regularly scheduled election.

Be it enacted by the Legislature of West Virginia:
That §18B-6-1a of the code of West Virginia, 1931, as amended, be repealed; that §18B-2B-8 of said code be amended and reenacted; that §18B-6-1, §18B-6-2a, §18B-6-3a, §18B-6-4a and §18B-6-4b of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §18B-6-2 and §18B-6-2b, all to read as follows:
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.

§18B-2B-8. State advisory committee of community and technical college presidents and provosts.

(a) Effective the first day of July, two thousand one, There is hereby created continued the state advisory committee of community and technical college presidents and provosts. For the purposes of this section, the state advisory committee of community and technical college presidents and provosts shall be is referred to as the "advisory committee".
(b) Each president or other administrative head of a community and technical college as defined in section four, article three-c section two, article six of this chapter shall be is a member of the advisory committee. An administrative head of a component, branch, center, regional center or other delivery site with a community and technical college mission may be a member if considered appropriate.
(c) The vice chancellor serves as chair chairperson of the advisory committee. and shall convene the initial meeting during the month of July, two thousand one. Thereafter, The advisory committee shall meet at least once each quarter and may meet at such other times as called by the chairperson or by a majority of the members.
(d) The advisory committee shall communicate to the council, through the vice chancellor, on matters of importance to the group and shall meet annually between the months of October and December with the council to discuss those matters relating to community and technical college education in which advisory committee members or the council may have an interest.
(e) The vice chancellor shall prepare meeting minutes which shall be made available, upon request, to the public.
ARTICLE 6. ADVISORY COUNCILS AND BOARDS.
§18B-6-1. Institutional boards of advisors for regional campuses and administratively linked community and technical colleges.

(a) Effective the first day of July, two thousand, There is established continued at each regional campus and administratively linked community and technical college, excluding centers and branches thereof, an institutional board of advisors: Provided, That the institutional board of advisors shall not be appointed for administratively linked community and technical colleges until provided for in their compact.
(1) For the transition year beginning on the first day of July, two thousand, through the thirtieth day of June, two thousand one, only, The lay members of the institutional board of advisors established for each of the regional campuses of West Virginia university are appointed by the president of the respective institution. Effective the first day of July, two thousand one, (1) The lay members of the institutional boards of advisors for the regional campuses are appointed by the board of governors.
(2) The lay members of the institutional board 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.
(b) 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 subsection (a) of 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.
(c) The student member shall serve serves for a term of one year. beginning upon appointment in July, two thousand, and ending on the thirtieth day of April, two thousand one. Thereafter the term shall begin on the first day of May. The member from the faculty and the classified employees, respectively, shall serve serves for a term of two years beginning upon appointment in July, two thousand, and ending on the thirtieth day of April, two thousand two. Thereafter the term shall begin on the first day of May; and the twelve lay members shall serve terms of four years each. beginning upon appointment in July, two thousand. 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) 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.

(d) 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.
(e) One of the twelve lay members shall be elected as chairperson by the board of advisors in May of each year. Provided, That the chairperson elected in two thousand shall be elected in July. No member may serve as chairperson for more than two consecutive years.
(f) 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.
(g) Prior to the submission by the president to its governing board, the board of advisors shall review prior to the submission by the president to its governing board, all proposals of the institution in the areas of mission, academic programs, budget, capital facilities and such other matters as requested by the president of the institution or its governing board or otherwise assigned to it by law. The board of advisors shall comment on each such proposal in writing, with such recommendations for concurrence therein or revision or rejection thereof as it 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.
(h) Prior to their implementation by the president, the board of advisors shall review prior to their implementation by the president, all proposals regarding institutionwide personnel policies. The board of advisors may comment on the proposals in writing.
(i) The board of advisors shall provide advice and assistance to the president 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 as business and community service internships, apprenticeships and cooperative programs; to
(2) communicate Communicating better and serve serving the current work force and work force development needs of their service area, including the needs of nontraditional students for college-level skills upgrading and retraining and the needs of employers for specific programs of limited duration; and to
(3) assess Assessing the performance of the institution's graduates and assist assisting in job placement.
(j) Upon the occurrence of 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 commission council pursuant to the provisions of section six, article one-b section six, article two-b of this chapter. When serving as a search and screening committee, the board of advisors and its governing board are each authorized to appoint up to three additional persons to serve on the committee as long as the search and screening process is in effect. The three additional appointees of the board of advisors shall be faculty members of the institution. Only For the purposes of the search and screening process 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 president of the sponsoring institution for consideration and appointment. If the president rejects all candidates submitted, the committee shall submit the names of at least three additional candidates and this process shall be repeated until the president appoints one of the candidates submitted. The governing board shall provide all necessary staff assistance to the board of advisors in its role as a search and screening committee.
(k) The boards of advisors shall develop a master plan for each administratively linked community and technical college. 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 the institutional master plans, including periodic updates, resides with the commission. 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-6-2. 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 four-a of this article.
(b) "Advisory council of faculty" or "faculty council" means the state advisory organization of faculty created pursuant to section two-a of this article.
(c) "Advisory council of students" or "student advisory council" means the state advisory organization of students created pursuant to section three-a 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 community and technical college, Marshall university community and technical college, New River community and technical college, West Virginia northern community college, Shepherd community and technical college, southern West Virginia community and technical college, West Virginia state community and technical college, West Virginia institute of technology community and technical college, 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 four-b of this article.
(h) "Institutional faculty senate" or "faculty senate" means the advisory group of faculty formed at a state institution of higher education pursuant to section two-b 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 community and technical college, Marshall university community and technical college, Marshall university graduate 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, Shepherd community and technical college, West Virginia state community and technical college, West Virginia university at Parkersburg, West Virginia university institute of technology, West Virginia university institute of technology community and technical college, 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.
§18B-6-2a. State advisory council of faculty.
(a) Effective the first day of July, two thousand, There is hereby established continued the state advisory council of faculty. For the purposes of this section, the state advisory council of faculty shall be referred to as the "council."
(b) Election of members and terms of office. -
(1) During the month of April of each odd-numbered year, beginning in the year two thousand one, each president or other administrative head of a state institution of higher education, including, but not limited to, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university and the Marshall university graduate college, at the direction of the faculty council and in accordance with procedures established by the faculty council, shall convene a meeting or otherwise institute a balloting process to elect one faculty member from each institution of higher education to serve on the faculty council. (2) Terms of the members of the council shall be are for two years and shall begin on the first day of July of each odd-numbered year. and Members of the council shall be are eligible to succeed themselves.
(3) For the year two thousand four only, each president or other administrative head of an administratively linked community and technical college shall consult with the faculty council during the month of April to establish procedures and convene a meeting or otherwise institute a balloting process to elect one faculty member from that institution to serve on the faculty council. Members so elected shall take office on the first day of July, two thousand four, and serve until the next regularly scheduled election held pursuant to this section; thereafter, faculty members elected to represent administratively linked community and technical colleges shall serve a regular two-year term.
(c) The faculty council shall meet at least once each quarter and may meet at such other times as called by the chairperson or by a majority of its members. One of the quarterly meetings shall be during the month of July, at which meeting the faculty council shall elect a chairperson from among its members.: Provided, That The chairperson shall may serve no more than two consecutive terms as chair. No member may vote by proxy at the election. In the event of a tie in the last vote taken for such election, a member authorized by the faculty council shall select the chairperson by lot from the names of those persons tied. Immediately following the election of a chairperson, and in the manner prescribed by this section for the election of a chairperson, the faculty council shall elect in the manner prescribed by this section for the election of a chairperson, a member of the council a member to preside over meetings of the council in the absence of the chairperson's absence chairperson. Should the chairperson vacate the position, the faculty council shall meet and elect a new chairperson to fill the unexpired term within thirty days following the vacancy.
(d) The faculty council, through its chairperson and in any appropriate manner, shall communicate to the commission, through the chancellor, or the council, as appropriate, matters of higher education in which the faculty members may have an interest.
(e) The commission shall meet annually between the months of October and December with the faculty council to discuss matters of higher education in which the faculty members or the commission may have an interest.
(f) Members of the faculty council shall serve without compensation, but shall be are entitled to reimbursement for actual and necessary expenses, including travel expenses, incurred in the performance of their official duties from funds allocated to the state institution of higher education served which they serve.
(g) The faculty council shall cause to be prepared minutes of its meetings, which minutes shall be available, upon request, to any faculty member of a state institution of higher education represented on the faculty council.
§18B-6-2b. Institutional faculty senate.
(a) Effective the first day of April, two thousand four, a faculty senate is established at each institution of higher education. Members and officers of an organized, campus-level advisory group of faculty who are serving prior to the effective date of this section may continue to serve with all the rights, privileges and responsibilities prescribed herein until the time that members elected as set forth in subsection (b) of this section assume office.
(b) Members of each faculty senate are elected as follows:
(1) During the month of April of each even-numbered year, beginning in the year two thousand four, each president or other administrative head of a state institution of higher education, at the direction of the faculty and in accordance with procedures established by the faculty, shall convene a meeting or otherwise institute a balloting process to elect the members of the faculty senate.
(2) Selection procedures shall provide for appropriate representation of all academic units within the institution.
(3) The faculty member who is elected to serve on the faculty council is an ex officio, voting member of the faculty senate and reports to the faculty senate on meetings of the faculty council and the board of governors.
(c) Members serve a term of two years, which term shall begin on the first day of July of each even-numbered year. Members of the faculty senate are eligible to succeed themselves.
(d) Each faculty senate shall elect a chairperson from among its members. The chairperson may serve no more than two consecutive terms as chairperson.
(e) The faculty senate meets quarterly and may meet at such other times as called by the chairperson or by a majority of the members. With appropriate notification to the institutional president, the chairperson may convene a faculty senate meeting for the purpose of sharing information and discussing issues affecting faculty and the effective and efficient management of the institution.
(f) The president of the institution shall meet at least quarterly with the faculty senate to discuss matters affecting faculty and the effective and efficient management of the institution.
(g) The governing board of the institution shall meet at least annually with the faculty senate to discuss matters affecting faculty and the effective and efficient management of the institution.
§18B-6-3a. State advisory council of students.
(a) Effective the first day of July, two thousand, There is hereby established continued the state advisory council of students. For the purposes of this section, the state advisory council of students shall be referred to as the "council".
(b) During the month of April of each year, beginning in the year two thousand one, each student government organization at each state institution of higher education, including, but not limited to, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university and the Marshall university graduate college, at the direction of the council and in accordance with procedures established by the council, shall elect a student who may be the elected head or president of the organization, to serve on the institutional board of governors or the institutional board of advisors, as applicable student advisory council. Terms of the members of the student advisory council shall be are for one year and shall begin on the first day of July September of each year. A duly elected member currently serving on the advisory council of students may continue to serve until a new member from that institution is elected pursuant to the provisions of this section. Members of the student advisory council shall be are eligible to succeed themselves. Each person so elected shall be a member of the statewide advisory council of students.
(c) The student advisory council shall meet at least once each quarter. One of the quarterly meetings shall be during the month of July September, at which meeting the student advisory council shall elect a chairperson. No member may vote by proxy at the election. In the event of a tie in the last vote taken for such election, a member authorized by the student advisory council shall select the chairperson by lot from the names of those persons tied. Immediately following the election of a chairperson, the student advisory council shall elect, in the manner prescribed by this section for the election of a chairperson, a member of the council to preside over meetings of the council in the chairperson's absence of the chairperson. Should the chairperson vacate the position, the student advisory council shall meet and elect a new chairperson to fill the unexpired term within thirty days following the vacancy.
(d) The student advisory council, through its chairperson and in any appropriate manner, shall communicate to the commission, through the chancellor, or the council, as appropriate, matters of higher education in which the student members may have an interest.
(e) The commission shall meet annually, between the months of October and December, with the student advisory council to discuss matters of higher education in which the student members or the commission may have an interest.
(f) Members of the student advisory council shall serve without compensation, but shall be entitled to reimbursement for actual and necessary expenses, including travel expenses, incurred in the performance of their official duties from funds allocated to the state institution of higher education served in which they are enrolled.
(g) The student advisory council shall cause to be prepared minutes of its meetings, which minutes shall be available, upon request, to any student of a state institution of higher education represented on the council.
§18B-6-4a. State advisory councils of classified employees.
(a) Effective the first day of July, two thousand, There is hereby established continued the state advisory council of classified employees. For the purposes of this section, the state advisory council of classified employees shall be referred to as the "council".
(b) Election of members and terms of office. -
(1) During the month of April of each odd-numbered year, beginning in the year two thousand one, each president or other administrative head of a state institution of higher education, including, but not limited to, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university and the Marshall university graduate college at the direction of the classified council and in accordance with procedures established by the classified council, shall convene a meeting or otherwise institute a balloting process to elect one classified employee from each institution of higher education to serve on the classified council.
(c) (2) Terms of the members of the council shall be are for two years and shall begin on the first day of July of each odd-numbered year. and Members of the council shall be eligible to succeed themselves. For the purposes of this section the term "institution of higher education" includes the facilities and staff supervised by the vice chancellor for administration and employed by the commission and the West Virginia network for educational telecomputing.
(3) For the year two thousand four only, each president or other administrative head of an administratively linked community and technical college shall consult with the classified council during the month of April to establish procedures and convene a meeting or otherwise institute a balloting process to elect one classified employee from that institution to serve on the classified council. Members so elected shall take office on the first day of July, two thousand four, and serve until the next regularly scheduled election held pursuant to this section; thereafter, classified employees elected to represent administratively linked community and technical colleges shall serve a regular two-year term.
(c) (d) The council of classified employees classified council shall meet at least once each quarter and may meet at such other times as called by the chairperson or by a majority of its members. One of the quarterly meetings shall be during the month of July, at which meeting the classified council shall elect a chairperson from among its members.: Provided, That The chair shall chairperson may serve no more than two consecutive terms as chairperson. No member may vote by proxy at the election. In the event of a tie in the last vote taken for such election, a member authorized by the classified council shall select the chairperson by lot from the names of those persons tied. Immediately following the election of a chairperson, the classified council shall elect, in the manner prescribed by this section for the election of a chairperson, a member of the classified council to preside over meetings of the council in the chairperson's absence of the chairperson. Should the chairperson vacate the position, the classified council shall meet and elect a new chairperson to fill the unexpired term within thirty days following the vacancy.
(d) (e) The classified council, through its chairperson and in any appropriate manner, shall communicate to the commission, through the chancellor, or the council, as appropriate, matters of higher education in which the classified employees may have an interest.
(e) (f) The commission shall meet annually, between the months of October and December, with the classified council to discuss matters of higher education in which the classified employees or the commission may have an interest.
(f) (g) Members of the classified council shall serve without compensation, but shall be are entitled to reimbursement for actual and necessary expenses, including travel expenses, incurred in the performance of their official duties from funds allocated to the state institution of higher education served which they serve.
(g) (h) The classified council shall cause to be prepared minutes of its meetings, which minutes shall be available, upon request, to any classified employee of a state institution of higher education represented on the classified council.
§18B-6-4b. Institutional classified employee council.
(a) For the purposes of this section the following words have the specified meanings unless the context clearly indicates a different meaning:
(1) "Council" or "staff council" means the advisory group of classified employees formed on each campus of state institutions of higher education pursuant to subsections (b) and (c) of this section; and
(2) "State institutions of higher education" means all institutions as defined in section two, article one of this chapter and, additionally, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university, the Marshall university graduate college, New River community and technical college, the higher education policy commission and the West Virginia network for educational telecomputing.
(b) Effective the first day of April, two thousand three, There is established continued at each state institution of higher education an institutional classified employees advisory council to be known as the staff council. Current members of staff councils and their officers who have been duly elected shall continue to serve with all the rights, privileges and responsibilities prescribed by this section until the time that members elected as set forth in subsection (c) of this section assume office.
(a) During the month of April of each odd-numbered year, beginning in the year two thousand three, each president or other administrative head of a state institution of higher education, at the direction of the staff council and in accordance with procedures established by the staff council, shall convene a meeting or otherwise institute a balloting process to elect members of the staff council as follows:
(1) Two classified employees from the administrative/managerial sector;
(2) Two classified employees from the professional/nonteaching sector;
(3) Two classified employees from the paraprofessional sector;
(4) Two classified employees from the secretarial/clerical sector;
(5) Two classified employees from the physical plant/maintenance sector;
(6) The member classified employee who is elected to serve on the advisory council of classified employees pursuant to section four-a of this article. This person shall serves as an ex officio, voting member of the staff council and shall report reports to the staff council on meetings of the advisory classified council and the board of governors; and
(7) Classified employees at Marshall university and West Virginia university may elect five classified employees from each of the five sectors to serve on the staff council.
(b) Members shall serve a term of two years, which term shall begin on the first day of July of each odd-numbered year. Members of the staff council are eligible to succeed themselves.
(c) Classified employees shall select one of their members to serve as chair chairperson. All classified employees at the institution are eligible to vote for the chair chairperson by any method approved by a majority of their members. The chair chairperson is eligible to succeed himself or herself.
(d) The staff council shall meet at least monthly or at the call of the chair chairperson. With appropriate notification to the institutional president, the chair chairperson may convene staff council meetings for the purpose of sharing information and discussing issues affecting the classified employees or the efficient and effective operations of the institution.
(e) The president of the institution shall meet at least quarterly with the staff council to discuss matters affecting classified employees.
(f) The governing board of the institution shall meet at least annually with the staff council to discuss matters affecting classified employees and the effective and efficient management of the institution.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print