Senate Bill No. 603
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
____________
[Introduced March 18, 2005; referred to the Committee
on Education; and then to the Committee on Finance.]
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A BILL to repeal §18B-1-7 and §18B-1-9 of the Code of West
Virginia, 1931, as amended; to repeal §18B-2-1, §18B-2-2 and
§18B-2-3 of said code; to repeal §18B-3-5 and §18B-3-7 of said
code; to repeal §18B-5-2d of said code; to repeal §18B-14-11
of said code; to amend and reenact §5-6-4A of said code; to
amend and reenact §5G-1-2 of said code; to amend and reenact
§12-3-5, §12-3-6, §12-3-7 and §12-3-8 of said code; to amend
and reenact §18B-1-3 and §18B-1-6 of said code; to amend and
reenact §18B-1A-2 and §18B-1A-6 of said code; to amend and
reenact §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code; to
amend said article by adding thereto a new section, designated
§18B-1B-13; to amend and reenact §18B-2A-3 and §18B-2A-4 of
said code; to amend said code by adding thereto a new section,
designated §18B-2B-9; to amend and reenact §18B-3-1, §18B-3-2
and §18B-3-3; to amend said code by adding thereto a new section designated §18B-3-4; to amend and reenact §18B-4-5,
§18B-4-5a, §18B-4-6 and §18B-4-7 of said code; to amend and
reenact §18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of said
code; to amend said code by adding thereto a new section,
designated §18B-5-10; to amend and reenact §18B-10-1,
§18B-10-5 and §18B-10-6 of said code; to amend said code by
adding thereto a new section, designated §18B-10-6a; to amend
said code by adding thereto a new section, designated
§18B-11-7; and to amend said code by adding thereto a new
section, designated §18B-14-12, all relating to higher
education; providing flexibility measures for certain state
institutions of higher education; transferring powers,
authorities, responsibilities and duties between certain
entities; definitions; excepting certain institutions from
certain requirements for selecting engineering and
architectural services; excepting certain institutions from
certain required reports to Joint Committee on Government and
Finance regarding real property contracts and agreements;
requiring transfer of real property under certain
circumstances from Higher Education Policy Commission to
certain institutions; clarifying real property retention
rights of Policy Commission for certain jointly used real
property;
modifying format and documentation requirements for
acceptance of certain documents by State Auditor; expanding permissible uses for purchase card; transferring to State
Auditor certain duties regarding purchase cards; transferring
to State Auditor authority to approve certain purchase card
payments designated to exceed the purchase amount limits and
to set the amount by which such payments may exceed the
limits; exempting certain institutions from certain document
submission requirements for travel expense reimbursement;
clarifying requirements for promulgation of higher education
rules; requiring certain institutions to promulgate certain
rules; establishing certain requirements for rule adoption,
validation, enforcement and reporting; limiting certain
authorities when rules not adopted; transferring to certain
institutions authority for compact and master plan
development, review and approval; limiting Policy Commission
jurisdiction, power, responsibility and authority regarding
certain institutions; modifying Policy Commission duties;
expanding Policy Commission discretion in setting Chancellor
salary; specifying limitation of certain entities on
exercising certain authorities and fulfilling certain
responsibilities;
modifying responsibility for assigning
institutions' geographic areas of responsibility; limiting
circumstances when certain institutions are required to
collaborate in providing certain graduate-level programs;
transferring to certain institutions authority for capital project need identification, prioritization and selection;
modifying criteria considered for capital project selection;
extending to certain institutions authority to approve
compensation package for president; preserving the
jurisdiction and authority of certain higher education
entities to manage technology; clarifying authority of Policy
Commission to assess certain fees; specifying when discharging
certain duties requires consultation among various higher
education entities; transferring to certain institutions
authority to approve tuition and fee increases, review and
approve academic programs, develop capital budgets and set
standards for conferring degrees; exempting certain
institutions from Attorney General and Policy Commission
approval requirements for executing certain documents,
instruments and purchases; requiring study and report of
recommendations relating to higher education personnel issues;
establishing scope of personnel study and charges for
implementation; modifying requirements and authorities
regarding delegation of powers by certain higher education
entities; expanding and modifying the powers and duties of
research, doctoral-granting public universities and their
governing boards; providing legislative findings, purpose and
intent for such expansion and modification; for certain
institutions expanding authority and establishing parameters and procedures for donating certain surplus computers and
related items; limiting application to certain institutions of
certain surplus item disposal requirements; defining the
relationship between the Policy Commission and certain
governing boards and between the West Virginia Council for
Community and Technical College Education and certain
governing boards; establishing and defining the duties of
certain governing boards to address state priorities and the
goals for post-secondary education established by the
Legislature; defining state priorities; requiring annual
report of progress; expanding jurisdiction of certain campus
police officers in certain situations; expanding jurisdiction
of certain parking and vehicle operating violations for
certain institutions; specifying certain acceptable
qualifications for employment as campus police officer at
certain institutions; expanding responsibility of certain
institutions to investigate certain crimes; expanding
authority of certain institutions to expend the excess of
certain parking fees collected; increasing fines and expanding
penalty options for certain
parking and vehicle operating
violations at certain institutions; exempting certain
institutions from requirements to participate in certain
cooperative purchasing and operating arrangements; specifying
responsibility of certain institutions for ensuring fiscal integrity of operations; establishing requirements for
implementing best business and management practices for
certain institutions, including certain required reports;
requiring study of insurance and risk management programs and
subsequent report; specifying scope and parameters of
insurance and risk study; expanding discretion of certain
institutions to offer undergraduate and graduate-level fee
waivers, eliminating certain waiver award restrictions and
requiring rule governing waivers; requiring certain
institutions to
establish a nonprofit Regional Brownfield
Assistance Center;
defining Assistance Center service regions;
establishing Assistance Center powers and duties; creating
Governor's Commission on Graduate Study in Science,
Technology, Engineering and Mathematics; establishing
membership; assigning charge to Commission; providing
legislative findings and requiring report to Legislative
Oversight Commission on Education Accountability;
deleting,
repealing and updating certain obsolete provisions; and making
technical corrections.
Be it enacted by the Legislature of West Virginia:
That §18B-1-7 and §18B-1-9
of the Code of West Virginia, 1931,
as amended, be repealed; that sections §18B-2-1, §18B-2-2 and
§18B-2-3 of said code be repealed; that §18B-3-1, §18B-3-2,
§18B-3-3, §18B-3-5 and §18B-3-7 of said code be repealed; that §18B-5-2d of said code be repealed; that §18B-14-11 of said code be
repealed; that §5-6-4A of said code be amended and reenacted; that
§5G-1-2 of said code be amended and reenacted; that §12-3-5,
§12-3-6, §12-3-7 and §12-3-8 of said code be amended and reenacted;
that §18B-1-3 and §18B-1-6 of said code be amended and reenacted;
that §18B-1A-2 and §18B-1A-6 of said code be amended and reenacted;
that §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code be amended and
reenacted; that said article be amended by adding thereto a new
section, designated §18B-1B-13; that §18B-2A-3 and §18B-2A-4 of
said code be amended and reenacted; that said code be amended by
adding thereto a new section, designated §18B-2B-9; that said code
be amended by adding thereto four new sections, designated
§18B-3-1, §18B-3-2, §18B-3-3 and §18B-3-4; that §18B-4-5,
§18B-4-5a, §18B-4-6 and §18B-4-7 of said code be amended and
reenacted; that §18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of said
code be amended and reenacted; that said code be amended by adding
thereto a new section, designated §18B-5-10; that §18B-10-1,
§18B-10-5 and §18B-10-6 of said code be amended and reenacted; that
said code be amended by adding thereto a new section, designated
§18B-10-6a; that said code be amended by adding thereto a new
section, designated §18-11-7; and that said code be amended by
adding thereto a new section, designated §18B-14-12, all
to read as
follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 6. STATE BUILDINGS.
§5-6-4A. Review of real property contracts and agreements; master
plan for office space.
(a) The Secretary of Administration shall provide to the Joint
Committee on Government and Finance a copy of a contract or
agreement for real property exceeding one million dollars and a
report setting forth a detailed summary of the terms of the
contract or agreement, including the name of the owner of the
property and the agent involved in the sale, at least thirty days
prior to any sale, exchange, transfer, purchase, lease purchase,
lease or rental of real property, any refundings of lease
purchases, leases or rental agreements, any construction of new
buildings and any other acquisition or lease of buildings, office
space or grounds by any state agency, including the Higher
Education Policy Commission, but excepting the transactions of the
state institutions of higher education known as Marshall University
and West Virginia University, and the Division of Highways for
state road purposes pursuant to article two-a, chapter seventeen of
this code: Provided, That a contract or agreement for the lease
purchase, lease or rental of real property by any state agency,
where the costs of real property acquisition and improvements are
to be financed, in whole or in part, with bond proceeds, may contain a preliminary schedule of rents and leases for purposes of
review by the committee.
(b) For renewals of contracts or agreements required to be
reported by the provisions of this section, the Secretary of
Administration shall provide a report setting forth a detailed
summary of the terms of the contract or agreement, including the
name of the owner of the property.
(c) Within thirty days after receipt of the contract,
agreement or report, the committee shall meet and review the
contract, agreement or report.
(d) On or before the first day of July, two thousand six, the
Secretary of Administration shall conduct an inventory of available
office space and office space needs and shall develop and present
a master plan for the utilization of office space for state
agencies to the Joint Committee on Government and Finance.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE
AND ITS SUBDIVIDIONS.
ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES.
§5G-1-2. Definitions.
As used in this section:
(a) The term "agency" means all state departments, agencies,
authorities, quasi-public corporations and all political
subdivisions, including cities, counties, boards of education and
public service districts,
except, for the purposes of this section, the term "agency" does not include the state institutions of higher
education known as Marshall University and West Virginia
University.
(b) The term "architectural and engineering services" includes
those professional services of an architectural or engineering
nature as well as incidental services that members of those
professions and those in their employ may logically or justifiably
perform.
(c) The term "director of purchasing" means any individual
assigned by any agency to procure the services of architects and
engineers.
(d) The term "firm" or "professional firm" means any
individual, firm, partnership, corporation, association or other
legal entity permitted by law to practice the professions of
architecture and engineering.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS
§12-3-5. When requisition to auditor sufficient authority for
issuing warrant.
(a) When
an appropriation has been made by law, subject to the
order or payable on the requisition of a particular officer, board,
or person, the order or
written or electronic requisition
in
writing of such officer, board, or person shall be is sufficient
authority to the Auditor to issue
his a warrant for the same or any party thereof.
(b) The Auditor:
(1) Shall accept an electronic requisition from Marshall
University and West Virginia University;
(2) May accept an electronic requisition from any entity other
than Marshall University or West Virginia University at his or her
discretion; and
(3) May not issue a warrant for an amount that exceeds the
appropriation or for an expired appropriation. Provided, that the
appropriation has not expired and the amount thereof shall not be
exceeded.
§12-3-6. Requisitions on behalf of state boards and institutions.
Appropriations
(a) An appropriation made to or for any state board or
institution shall be drawn from the Treasury upon the requisition
of
the proper officers an appropriate officer thereof
made upon to
the Auditor at such times and in such amounts as
may be is
necessary for the purposes for which
such appropriations are the
appropriation is made.
and The auditor shall pay the amount named
in
any such the requisition at such times and in such installments
as
shall be are necessary for the purposes for which
any such the
appropriation is made.
But all requisitions for appropriations
(b) Except as provided in subsection (c) of this section, a requisition for appropriation for new buildings and substantial
betterments
except such as are under control of the state
commissioner of public institutions shall be accompanied by the
architect's estimate that the amount named in
such the requisition
is needed for immediate use.
(c) The provisions of subsection (b) of this section do not
apply to a requisition from:
(1) An institution from which the Auditor is required to
accept an electronic requisition. Such an institution is not
required to submit the documentation required in said subsection
(b), but shall maintain the documentation for inspection at the
Auditor's request; and
(2) The Commissioner of Corrections.
(d) The Auditor
shall not may issue
his a warrant to pay
any
money out of the State Treasury
unless the same only if the money
is needed for the present use.
§12-3-7. Payment of compensation and expenses of members of state
boards and commissions; embezzlement.
The members of all state boards and commissions, unless a
different rate of compensation is provided by law, shall be allowed
(a) Unless otherwise provided by law, a member of any state
board or commission:
(1) Receives four dollars per day for each day necessarily
employed as such, including
the time spent
in going traveling to and returning from the
place of meeting
location; and
(2) Receives the actual and necessary expenses incurred
by
them in the discharge of
their his or her duties; and
(3) Does not receive mileage reimbursement. except where it
is otherwise specifically provided no mileage shall be paid. But
before payment to any such member of any such compensation or
expenses, he shall make up
(b) Prior to receiving compensation or expense reimbursement:
(1) The member prepares in duplicate
and certify to the
correctness of an itemized statement
specifying of the number of
days spent
(giving dates) and
of the expenses
incurred;
(2) The member certifies the accuracy of the itemized
statement;
(3) which statement shall be delivered The member delivers the
original to the secretary or clerk of the
institution on behalf of
which the duties are performed, the original whereof the secretary
or clerk shall file or preserve in his office, and board or
commission for preservation in its office; and
(4) The secretary or clerk immediately forwards the duplicate
of which he shall at once forward to the Auditor.
(c) The provisions of subsection (b) of this section do not
apply to Marshall University or West Virginia University.
(d) If any
such member
shall willfully
make makes a greater
charge of
such services or expenses than truth justified, he
shall be or she is guilty of embezzlement and punished accordingly.
§12-3-8. Requisition on behalf of institutions to be accompanied
by statement showing funds on hand.
No requisition shall be A requisition made upon the auditor
for any money appropriated for
the a penitentiary; state
correctional facility; the West Virginia
schools school for the
deaf and blind; state mental health facilities; state hospitals;
corrections facilities;
or for Marshall University; West Virginia
University; any other public institution for education, charity or
correction;
or institutions governed by the
university of West
Virginia board of trustees by the board of directors of the state
college system, unless such requisition Higher Education Policy
Commission or the West Virginia Council for Community and Technical
College Education shall be accompanied by
the statement in writing
of the treasurer or other a written or electronic statement of a
financial officer of
such the institution, showing the amount of
money in his or her hands to the credit of
such the institution, or
otherwise in its control, on the day
such the requisition is
forwarded for payment.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-3. Transfer of powers, duties, property, obligations, etc.
(a) All powers, duties and authorities transferred to the
Board of Regents pursuant to former provisions of chapter eighteen of this code and transferred to the Board of Trustees and Board of
Directors which were created as the governing boards pursuant to
the former provisions of this chapter and all powers, duties and
authorities of the Board of Trustees and Board of Directors, to the
extent they are in effect on the seventeenth day of June, two
thousand, are hereby transferred to the Interim Governing Board
created in article one-c of this chapter and shall be exercised and
performed by the Interim Governing Board until the first day of
July, two thousand one, as such powers, duties and authorities may
apply to the institutions under its jurisdiction.
(b) Title to all property previously transferred to or vested
in the Board of Trustees and the Board of Directors and property
vested in either of the Boards separately, formerly existing under
the provisions of this chapter, are hereby transferred to the
Interim Governing Board created in article one-c of this chapter
until the first day of July, two thousand one. Property
transferred to or vested in the Board of Trustees and Board of
Directors shall include:
(1) All property vested in the Board of Governors of West
Virginia University and transferred to and vested in the West
Virginia Board of Regents;
(2) All property acquired in the name of the State Board of
Control or the West Virginia Board of Education and used by or for
the state colleges and universities and transferred to and vested in the West Virginia Board of Regents;
(3) All property acquired in the name of the State Commission
on Higher Education and transferred to and vested in the West
Virginia Board of Regents; and
(4) All property acquired in the name of the Board of Regents
and transferred to and vested in the respective Board of Trustees
and Board of Directors.
(c) Each valid agreement and obligation previously transferred
to or vested in the Board of Trustees and Board of Directors
formerly existing under the provisions of this chapter is hereby
transferred to the Interim Governing Board until the first day of
July, two thousand one, as those agreements and obligations may
apply to the institutions under its jurisdiction. Valid agreements
and obligations transferred to the Board of Trustees and Board of
Directors shall include:
(1) Each valid agreement and obligation of the board of
governors of West Virginia University transferred to and deemed the
agreement and obligation of the West Virginia Board of Regents;
(2) Each valid agreement and obligation of the State Board of
Education with respect to the state colleges and universities
transferred to and deemed the agreement and obligation of the West
Virginia Board of Regents;
(3) Each valid agreement and obligation of the State
Commission on Higher Education transferred to and deemed the agreement and obligation of the West Virginia Board of Regents; and
(4) Each valid agreement and obligation of the Board of
Regents transferred to and deemed the agreement and obligation of
the respective Board of Trustees and Board of Directors.
(d) All orders, resolutions and rules adopted or promulgated
by the respective Board of Trustees and Board of Directors and in
effect immediately prior to the first day of July, two thousand,
are hereby transferred to the Interim Governing Board until the
first day of July, two thousand one, and shall continue in effect
and shall be deemed the orders, resolutions and rules of the
Interim Governing Board until rescinded, revised, altered or
amended by the Commission or the governing boards in the manner and
to the extent authorized and permitted by law. Such orders,
resolutions and rules shall include:
(1) Those adopted or promulgated by the Board of Governors of
West Virginia University and in effect immediately prior to the
first day of July, one thousand nine hundred sixty-nine, unless and
until rescinded, revised, altered or amended by the Board of
Regents in the manner and to the extent authorized and permitted by
law;
(2) Those respecting state colleges and universities adopted
or promulgated by the West Virginia Board of Education and in
effect immediately prior to the first day of July, one thousand
nine hundred sixty-nine, unless and until rescinded, revised, altered or amended by the Board of Regents in the manner and to the
extent authorized and permitted by law;
(3) Those adopted or promulgated by the State Commission on
Higher Education and in effect immediately prior to the first day
of July, one thousand nine hundred sixty-nine, unless and until
rescinded, revised, altered or amended by the Board of Regents in
the manner and to the extent authorized and permitted by law; and
(4) Those adopted or promulgated by the Board of Regents prior
to the first day of July, one thousand nine hundred eighty-nine,
unless and until rescinded, revised, altered or amended by the
respective Board of Trustees or Board of Directors in the manner
and to the extent authorized and permitted by law.
(e) Title to all real property transferred to or vested in the
Interim Governing Board pursuant to this section of the code is
hereby transferred to the Commission effective the first day of
July, two thousand one. The board of governors for each
institution may request that the Commission transfer title to the
board of governors of any real property specifically identifiable
with that institution or the Commission may initiate the transfer.
Any such request must be made within two years of the effective
date of this section and be accompanied by an adequate legal
description of the property.
In the case of real property that is
specifically identifiable with Marshall University or West Virginia
University, the Commission shall transfer title to all real property, except real property that is used jointly by institutions
or for statewide programs under the jurisdiction of the Commission
or the Council, to the Board of Governors of Marshall University or
West Virginia University, as appropriate, upon receipt of a request
from the appropriate governing board accompanied by an adequate
legal description of the property.
The title to any real property that is jointly utilized by
institutions or for statewide programs under the jurisdiction of
the Commission
or the Council shall be retained by the Commission.
(f) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the Interim
Governing Board or the previous governing boards on behalf of an
institution is hereby transferred to the board of governors of that
institution effective the first day of July, two thousand one.
(g) Each valid agreement and obligation previously transferred
or vested in the Interim Governing Board and which was undertaken
or agreed to on behalf of an institution or institutions is hereby
transferred to the board of governors of the institution or
institutions for whose benefit the agreement was entered into or
the obligation undertaken effective the first day of July, two
thousand one.
(1) The obligations contained in revenue bonds issued by the
previous governing boards under the provisions of section eight,
article ten of this chapter and article twelve-b, chapter eighteen of this code are hereby transferred to the Commission and each
institution shall transfer to the Commission those funds the
Commission determines are necessary to pay that institution's share
of bonded indebtedness.
(2) The obligations contained in revenue bonds issued on
behalf of a state institution of higher education pursuant to any
other section of this code is hereby transferred to the board of
governors of the institution on whose behalf the bonds were issued.
(h) All orders, resolutions, policies and rules:
(1) Adopted or promulgated by the respective Board of
Trustees, Board of Directors or Interim Governing Board and in
effect immediately prior to the first day of July, two thousand
one, are hereby transferred to the Commission effective the first
day of July, two thousand one, and continue in effect until
rescinded, revised, altered, amended or transferred to the
governing boards by the Commission as provided in this section and
in section six of this article.
(2) Adopted or promulgated by the Commission relating solely
to community and technical colleges or community and technical
college education, or rules which the Council finds necessary for
the exercise of its lawful powers and duties pursuant to the
provisions of this chapter, may be adopted by the Council and
continue in effect until rescinded, revised, altered, amended or
transferred to the governing boards under the jurisdiction of the Council pursuant to section six of this article. Nothing in this
section requires the initial rules of the Commission that are
adopted by the Council to be promulgated again under the procedure
set forth in article three-a, chapter twenty-nine-a of this code
unless such rules are rescinded, revised, altered or amended.
(3) Adopted or promulgated by the Commission relating to
multiple types of public institutions of higher education or
community and technical college education as well as baccalaureate
and post-baccalaureate education are transferred to the Council in
part as follows:
(A) That portion of the rule relating solely to community and
technical colleges or community and technical college education is
transferred to the Council and continues in effect until rescinded,
revised, altered, amended or transferred to the governing boards by
the Council as provided in this section and in section six of this
article;
(B) That portion of the rule relating to institutions or
education other than community and technical colleges is retained
by the Commission and continues in effect until rescinded, revised,
altered, amended or transferred to the governing boards by the
Commission as provided in this section and in section six of this
article.
(i) The Commission may, in its sole discretion, transfer any
rule, other than a legislative rule, to the jurisdiction of the governing boards of the institutions under its jurisdiction who may
rescind, revise, alter or amend any rule so transferred pursuant to
rules adopted by the Commission pursuant to section six of this
article.
The Council may, in its sole discretion, transfer any rule,
other than a legislative rule, to the jurisdiction of the governing
boards of the institutions under its jurisdiction who may rescind,
revise, alter or amend any rule so transferred pursuant to rules
adopted by the Council pursuant to section six of this article.
(j) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question, the matter shall be summarized in
writing and sent to the Commission which shall make a determination
regarding such matter within thirty days of receipt thereof.
(k) Rules or provisions of law which refer to other provisions
of law which were repealed, rendered inoperative or superseded by
the provisions of this section shall remain in full force and
effect to such extent as may still be applicable to higher
education and may be so interpreted. Such references include, but
are not limited to, references to sections and prior enactments of
article twenty-six, chapter eighteen of this code and code
provisions relating to retirement, health insurance, grievance
procedures, purchasing, student loans and savings plans. Any
determination which needs to be made regarding applicability of any provision of law shall first be made by the Commission.
§18B-1-6. Rule making.
(a) The Commission is hereby empowered to promulgate, adopt,
amend or repeal rules, in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code, subject to the
provisions of section three of this article.
(b) The Council is hereby empowered to promulgate, adopt,
amend or repeal rules, in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code and subject to the
provisions of section three of this article. This grant of
rule-making power extends only to those areas over which the
Council has been granted specific authority and jurisdiction by
law.
(c) As it relates to the authority granted to governing boards
of state institutions of higher education to promulgate, adopt,
amend or repeal any rule under the provisions of this code:
(1) "Rule" means any regulation, guideline, directive,
standard, statement of policy, or interpretation of general
application which has institution-wide effect or which affects the
rights, privileges or interests of employees, students or citizens.
Any regulation, guideline, directive, standard, statement of
policy, or interpretation of general application that meets this
definition is a rule for the purposes of this section.
(2) Regulations, guidelines, or policies established for individual units, divisions, departments or schools of the
institution, which deal solely with the internal management or
responsibilities of a single unit, division, department or school
or with academic curricular policies that do not constitute a
mission change for the institution, are excluded from this
subsection, except for the requirements relating to posting.
(c) (3) The Commission and Council each shall promulgate a
rule to guide the development and approval of rules
guidelines and
other policy statements made by their respective governing boards,
including the governing boards of Marshall University and West
Virginia University. The rules promulgated by the Commission and
Council shall include, but are not limited to, the following
provisions
which shall be included in the rule on rules adopted by
each governing board of a state institution of higher education:
(1) A procedure to ensure that public notice is given and that
the right of interested parties to have a fair and adequate
opportunity to respond is protected,
including providing for a
thirty-day public comment period prior to final adoption of a rule;
(2) Designation of a single location where all proposed and
approved rules, guidelines and other policy statements
are posted
and can be accessed by the public;
and
(3) A procedure to maximize internet access to all proposed
and approved rules, guidelines and other policy statements to the
extent technically and financially feasible.
(d) On and after the effective date of this section, and
notwithstanding any other provision of this code to the contrary,
any rule heretofore required by law to be promulgated as a
legislative rule prior to the first day of July, two thousand one,
may not be considered to be a legislative rule for the purposes of
article three-a, chapter twenty-nine-a of this code except for the
following:
(1) The legislative rule required by subsection (c), section
eight of this article;
(2) The legislative rule required by section eight-a of this
article;
(3) The legislative rule required by section two, article
one-a of this chapter;
(4) The legislative rule required by section four, article
one-b of this chapter;
(5) The legislative rule required by section one, article
three, chapter eighteen-c of this code;
(6) The legislative rule required by section one, article
four, chapter eighteen-c of this code;
(7) The legislative rule required by section seven, article
five, chapter eighteen-c of this code; and
(8) The legislative rule required by section one, article six,
chapter eighteen-c of this code.
(e) (d) Nothing in this section requires that any rule reclassified or transferred under this section be promulgated again
under the procedures set out in article three-a, chapter
twenty-nine-a of this code unless the rule is amended or modified.
(f) (e) The Commission and Council each shall file with the
Legislative Oversight Commission on Education Accountability any
rule it proposes to promulgate, adopt, amend or repeal under the
authority of this article.
(f) The governing boards of Marshall University and West
Virginia University, respectively, shall promulgate and adopt any
rule which they are required to adopt by this chapter or chapter
eighteen-c of this code no later than the first day of July, two
thousand six. On and after this date:
(1) Any rule of either governing board which meets the
definition set out in subsection (c) of this section and which has
not been promulgated and adopted by formal vote of the appropriate
governing board is void and may not be enforced;
(2) Any authority granted by this code which inherently
requires the governing board to promulgate and adopt a rule is void
until the governing board complies with the provisions of this
section.
(3) Within thirty days of the adoption of a rule, including
repeal or amendment of an existing rule, the governing boards of
Marshall University and West Virginia University, respectively,
shall furnish to the Commission or the Council, as appropriate, a copy of each rule which has been formally adopted;
(g) Not later than the first day of October, two thousand
five, and annually thereafter, each governing board of a state
institution of higher education shall file with the Commission or
the Council, as appropriate, a list of all institutional rules that
were in effect for that institution on the first day of July of
that year, including the most recent date on which each rule was
considered and adopted, amended or repealed by the governing board.
For all rules adopted, amended or repealed after the effective date
of this section, the list shall include a statement by the chair of
the governing board certifying that the governing board has
complied with the provisions of this section when each listed rule
was adopted.
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;
(A) Because of the history as and continuing linkage to
Bluefield State College, it is the intent of the Legislature for the mission of the newly accredited community and technical college
designated "New River Community and Technical College" to continue
to serve as a historically black college and continue educating the
black citizens of West Virginia with community and technical
college programming.
(B) Because of the history as and continuing linkage to West
Virginia State University, formerly named West Virginia State
College, it is the intent of the Legislature for the mission of the
newly accredited community and technical college designated "West
Virginia State Community and Technical College" to continue to
serve as a historically black college and continue educating the
black citizens of West Virginia with community and technical
college programming.
(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)
Except as set forth in subdivision (4) of this subsection,
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
with the following exceptions:
(A) The appropriate governing board shall develop and approve the compact for the state institution of higher education known as
Marshall University and submit the approved document to the
Commission; and
(B) The appropriate governing board shall develop and approve
the compact for the state institution of higher education known as
West Virginia University and submit the approved document to the
Commission.
(5) For the remaining institutions, the Commission and
Council,
as appropriate, shall continue this process as long as
each considers advisable;
(5) (6) Except as set forth in subdivision (4) of this
subsection, 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) (7) 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
and Council shall assign geographic areas
of responsibility to the state institutions of higher education
under
their respective jurisdictions 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 as 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) 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 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 Legislature finds that an emergency exists; therefore,
not later than the first day of October, two thousand four, the
Council shall file as an emergency rule a legislative rule
pertaining to benchmarks and indicators in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code.
The
rule rules pertaining to benchmarks and indicators in effect for the Commission
and the Council at the time of on the effective
date of this section
remains remain in effect for the institutions
under
its jurisdiction 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.
§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 preservice and in-service programs for teachers in
subject matter fields.
(c) In order to meet the need for graduate education, the Commission shall be 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. These institutions shall place a strong
emphasis on collaboration with the baccalaureate colleges and
community and technical colleges in each region
when funds are
available;
(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 University, Fairmont State
College
University, Glenville State College, Shepherd
College University,
West Liberty State College and West Virginia State
College
University 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 (B) of
this subsection 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 masters level programs as a pilot
project:
Provided, That the selected institution shall move toward
and achieve regional accreditation of the master's 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 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.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-4. Powers and duties of higher education policy
Commission.
(a) The primary responsibility of the Commission is to
develop, establish and implement policy that will achieve the goals
and objectives found in section one-a, article one of this chapter.
The Commission shall exercise its authority and carry out its
responsibilities in a manner that is consistent 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
powers and duties assigned to the governing boards of Marshall
University and West Virginia University, respectively. To that
end, the Commission has the following powers and duties relating to
the institutions under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda
pursuant to section one, article one-a of this chapter to address
major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of
this chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section nine of this article for the purpose of
accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation jointly
with the Council of a financing policy for higher education in West
Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the West Virginia Council for Community and
Technical College Education pursuant to the provisions of section six, article two-b of this chapter;
(3) In collaboration with the Council, create a policy
leadership structure capable of the following actions:
(A) Developing, building public consensus around and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the Commission and Council shall seek input
from the Legislature and the Governor and specifically from the
State Board of Education and local school districts in order to
create the necessary linkages to assure smooth, effective and
seamless movement of students through the public education and
post-secondary education systems and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education systems as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(4) Develop and adopt
each institutional
compact compacts in
accordance with the provisions of section two, article one-a of
this chapter;
(5) Review and adopt
the annual updates of the institutional
compacts
in accordance with the provisions of section two, article one-a of this chapter;
(6) Serve as the accountability point to:
(A) The Governor for implementation of the public policy
agenda; and
(B) The Legislature by maintaining a close working
relationship with the legislative leadership and the Legislative
Oversight Commission on Education Accountability;
(7) Jointly with the Council, promulgate legislative rules
pursuant to article three-a, chapter twenty-nine-a of this code to
fulfill the purposes of section five, article one-a of this
chapter;
(8) Establish and implement a peer group for each institution
as described in section three, article one-a of this chapter;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions pursuant to
section two, article one-a of this chapter;
(10) Annually report to the Legislature and to the Legislative
Oversight Commission on Education Accountability during the January
interim meetings on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of its system of higher education during the previous fiscal year, including, but not limited to, progress
in meeting goals stated in the compacts and progress of the
institutions and the higher education system as a whole in meeting
the goals and objectives set forth in section one-a, article one of
this chapter;
(B) An analysis of enrollment data collected pursuant to
section one, article ten of this chapter and recommendations for
any changes necessary to assure access to high-quality, high-demand
education programs for West Virginia residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (11) of this subsection and the
justification for such priority;
(D) Recommendations of the Commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(11) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments,
except the governing boards of Marshall University and
West Virginia University, respectively, may each develop a formal
process for identifying capital needs and priorities for the state
institutions of higher education known as Marshall University and
West Virginia University without the approval of the Commission.
It is the responsibility of the Commission to assure a fair
distribution of funds for capital projects between the Commission and the Council. To that end the Commission shall take the
following steps:
(A) Receive the list of priorities developed by the Council
for capital investment for the institutions under the Council's
jurisdiction pursuant to subsection (b), section six, article two-b
of this chapter;
(B) Place the ranked list of projects on the agenda for action
within sixty days of the date on which the list was received;
(C) Select a minimum of three projects from the list submitted
by the Council to be included on the ranked list established by the
Commission. At least one of the three projects selected must come
from the top two priorities established by the Council.
(12) Maintain guidelines for institutions to follow concerning
extensive capital projects
except the governing boards of Marshall
University and West Virginia University are not subject to the
provisions of this subdivision as it relates to the state
institutions of higher education known as Marshall University and
West Virginia University. The guidelines shall provide a process
for developing capital projects, including, but not limited to, the
notification by an institution to the Commission of any proposed
capital project which has the potential to exceed one million
dollars in cost. Such a project may not be pursued by an
institution without the approval of the Commission. An institution
may not participate directly or indirectly with any public or private entity in any capital project which has the potential to
exceed one million dollars in cost;
(13) Acquire legal services as are considered necessary,
including representation of the Commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the Commission may, but is not
required to, call upon the Attorney General for legal assistance
and representation as provided by law;
(14) Employ a Chancellor for Higher Education pursuant to
section five of this article;
(15) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the Commission and the
Council, in accordance with the provisions of article four of this
chapter;
(16) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(17) Advise and consent in the appointment of the presidents
of the institutions of higher education under its jurisdiction
pursuant to section six of this article. The role of the
Commission in approving an institutional president is to assure
through personal interview that the person selected understands and
is committed to achieving the goals and objectives as set forth in the institutional compact and in section one-a, article one of this
chapter;
(18) Approve the total compensation package from all sources
for presidents of institutions under its jurisdiction, as proposed
by the governing boards,
except the compensation packages proposed
for the presidents of the state institutions of higher education
known as Marshall University and West Virginia University,
respectively, are not subject to the provisions of this
subdivision. The governing boards must obtain approval from the
Commission of the total compensation package both when
institutional presidents are employed initially and afterward when
any change is made in the amount of the total compensation package;
(19) Establish and implement the policy of the state to assure
that parents and students have sufficient information at the
earliest possible age on which to base academic decisions about
what is required for students to be successful in college, other
post-secondary education and careers related, as far as possible,
to results from current assessment tools in use in West Virginia;
(20) Approve and implement a uniform standard jointly with the
Council to determine which students shall be placed in remedial or
developmental courses. The standard shall be aligned with college
admission tests and assessment tools used in West Virginia and
shall be applied uniformly by the governing boards throughout the
public higher education system. The chancellors shall develop a clear, concise explanation of the standard which they shall
communicate to the State Board of Education and the State
Superintendent of schools;
(21) Review and approve or disapprove capital projects as
described in subdivision (11) of this subsection;
(22) Jointly with the Council, develop and implement an
oversight plan to manage systemwide technology such as the
following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to nontraditional
students, to provide services to business and industry and increase
the management capabilities of the higher education system.
(C) Notwithstanding any other provision of law or this code to
the contrary, the Council, Commission and state institutions of
higher educations are not subject to the jurisdiction of the chief
technology officer for any purpose.
(23) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to
incur additional costs as is consistent with sound academic policy;
(24) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(25) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
master's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(26) Establish and implement policies and programs, in
cooperation with the Council and the institutions of higher
education, through which students who have gained knowledge and
skills through employment, participation in education and training
at vocational schools or other education institutions, or
internet-based education programs, may demonstrate by
competency-based assessment that they have the necessary knowledge
and skills to be granted academic credit or advanced placement
standing toward the requirements of an associate degree or a
bachelor's degree at a state institution of higher education;
(27) Seek out and attend regional, national and international
meetings and forums on education and workforce development-related topics, as in the Commission's discretion is critical for the
performance of their duties as members, for the purpose of keeping
abreast of education trends and policies to aid it in developing
the policies for this state to meet the established education goals
and objectives pursuant to section one-a, article one of this
chapter;
(28) Develop, establish and implement
guidelines a rule for
higher education governing boards and institutions to follow when
considering capital projects. The guidelines shall
include, but
not be limited to, the following
(A) That the governing boards and institutions not approve or
promote projects that give competitive advantage to new private
sector projects over existing West Virginia businesses, unless the
Commission determines such private sector projects are in the best
interest of the students, the institution and the community to be
served; and
(B) That assure that the governing boards and institutions
do
not approve or promote
capital projects involving private sector
businesses which would have the effect of reducing property taxes
on existing properties or avoiding, in whole or in part, the full
amount of taxes which would be due on newly developed or future
properties;
(29) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government a budget that reflects recommended appropriations from the Commission and
the institutions under its jurisdiction. The Commission shall
submit as part of its budget proposal the separate recommended
appropriations it received from the Council, both for the Council
and the institutions under the Council's jurisdiction. The
Commission annually shall submit the proposed institutional
allocations based on each institution's progress toward meeting the
goals of its institutional compact;
(30) The Commission has the authority to assess institutions
under its jurisdiction,
including the state institutions of higher
education known as Marshall University and West Virginia
University, for the payment of expenses of the Commission or for
the funding of statewide higher education services, obligations or
initiatives related to the goals set forth for the provision of
public higher education in the state;
(31) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(32) Make appointments to boards and Commissions where this
code requires appointments from the state college system Board of
Directors or the university of West Virginia system Board of
Trustees which were abolished effective the thirtieth day of June, two thousand, except in those cases where the required appointment
has a specific and direct connection to the provision of community
and technical college education, the appointment shall be made by
the Council. Notwithstanding any provisions of this code to the
contrary, the Commission or the Council may appoint one of its own
members or any other citizen of the state as its designee. The
Commission and Council shall appoint the total number of persons in
the aggregate required to be appointed by these previous governing
boards;
(33) Pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The Commission and the Council shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
(34) Determine when a joint rule among the governing boards of
the institutions under its jurisdiction is necessary or required by
law and, in those instances, and in consultation with the governing
boards
of all the institutions under its jurisdiction, promulgate
the joint rule;
(35)
In consultation with the governing boards of Marshall
University and West Virginia University, implement a policy jointly
with the Council whereby course credit earned at a community and technical college transfers for program credit at any other state
institution of higher education and is not limited to fulfilling a
general education requirement; and
(36) Promulgate a joint rule with the Council establishing
tuition and fee policy for all institutions of higher education,
other than state institutions of higher education known as Marshall
University and West Virginia University which are subject to the
provisions of section one, article ten of this chapter. The rule
shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the Commission and Council consider
appropriate.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the Commission has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission
definitions including use of incentive funds to influence
institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval for institutions
under its jurisdiction
except state institutions of higher
education known as Marshall University and West Virginia
University, including the use of institutional missions as a
template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes;
(5) Development of budget and allocation of resources,
including reviewing and approving institutional operating
and
budgets and
the capital budgets of all institutions except the
state institutions of higher education known as Marshall University
and West Virginia University, respectively, and distributing
incentive and performance-based funding;
(6) Administration of state and federal student aid programs
under the supervision of the vice chancellor for administration,
including promulgation of any rules necessary to administer those
programs;
(7) Serving as the agent to receive and disburse public funds
when a governmental entity requires designation of a statewide
higher education agency for this purpose;
(8) Development, establishment and implementation of information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Jointly with the Council, developing, establishing and
implementing policies for licensing and oversight for both public
and private degree-granting and nondegree-granting institutions
that provide post-secondary education courses or programs in the
state pursuant to the findings and policy recommendations
to be
determined as set forth in required by section eleven of this
article
and in accordance with the provisions of section nine,
article two-b of this chapter;
(10) Development, implementation and oversight of statewide
and region wide projects and initiatives related to providing
post-secondary education at the baccalaureate level and above such
as those using funds from federal categorical programs or those
using incentive and performance-based funding from any source; and
(11) Quality assurance that intersects with all other duties
of the Commission particularly in the areas of
research, data
collection and analysis, planning, policy analysis, program review
and approval, budgeting and information and accountability systems.
(c) In addition to the powers and duties provided
for in
subsections (a) and (b) of this section and any other powers and
duties as may be assigned to it by law, the Commission has such other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The Commission is authorized to withdraw specific powers
of any governing board of an institution under its jurisdiction
except the governing boards of Marshall University and West
Virginia University as it relates to the state institutions of
higher education known as Marshall University and West Virginia
University for a period not to exceed two years if the Commission
makes a determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The Commission has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the Commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
(4) The period of withdrawal of specific powers may not exceed
two years during which time the Commission is authorized to take
steps necessary to reestablish the conditions for restoration of
sound, stable and responsible institutional governance.
§18B-1B-5. Employment of Chancellor for Higher Education; office; powers and duties generally; employment of vice
chancellors.
(a) The Commission, created pursuant to section one of this
article, shall employ a Chancellor for Higher Education who is the
chief executive officer of the Commission and who serves at its
will and pleasure.
(b) The Commission shall set the qualifications for the
position of chancellor and shall conduct a thorough nationwide
search for qualified candidates. A qualified candidate is one who
meets at least the following criteria:
(1) Possesses an excellent academic and administrative
background;
(2) Demonstrates strong communication skills;
(3) Has significant experience and an established national
reputation as a professional in the field of higher education;
(4) Is free of institutional or regional biases; and
(5) Holds or retains no other administrative position within
a system of higher education while employed as chancellor.
(c) The Commission shall conduct written performance
evaluations of the chancellor annually and may offer the chancellor
a contract not to exceed three years. At the end of each contract
period, the Commission shall review the evaluations and make a
determination by vote of its members on continuing employment and
compensation level.
(d) When filling a vacancy in the position of chancellor, the
Commission shall enter into an initial employment contract for one
year with the candidate selected. At the end of the initial
contract period, and each contract period thereafter, the
Commission shall review the evaluations and make a determination by
vote of its members on continuing employment and compensation level
for the chancellor.
(e) The
shall be compensated on a basis in excess of, but not
to exceed twenty percent greater than, the base salary of any
president of a state institution of higher education or the
administrative head of a governing board Commission shall determine
the compensation of the Chancellor
for Higher Education.
(f) The Commission may employ a vice chancellor for health
sciences who serves at the will and pleasure of the Commission.
The vice chancellor for health sciences shall coordinate the West
Virginia University School of Medicine, the Marshall University
School of Medicine and the West Virginia School of Osteopathic
Medicine and also shall provide assistance to the governing boards
on matters related to medical education and health sciences. The
vice chancellor for health sciences shall perform all duties
assigned by the chancellor, the Commission and state law. In the
case of a vacancy in the office of vice chancellor of health
sciences, the duties assigned to this office by law are the
responsibility of the chancellor or a designee.
(g) The Commission shall employ a vice chancellor for
administration pursuant to section two, article four of this
chapter.
(h) The Commission may employ a vice chancellor for state
colleges who serves at the will and pleasure of the Commission. It
is the duty and responsibility of the vice chancellor for state
colleges to:
(1) Provide assistance to the Commission, the chancellor and
the state colleges on matters related to or of interest and concern
to these institutions;
(2) Advise, assist and consult regularly with the
institutional presidents and institutional boards of governors of
each state college;
(3) Serve as an advocate and spokesperson for the state
colleges to represent them and to make their interests, views and
issues known to the chancellor, the Commission and governmental
agencies;
(4) Perform all duties assigned by the chancellor, the
Commission and state law.
In addition, the vice chancellor for state colleges has the
responsibility and the duty to provide staff assistance to the
institutional presidents and governing boards to the extent
practicable.
(i) On behalf of the Commission, the chancellor may enter into agreements with any state agency or political subdivision of the
state, any state higher education institution or any other person
or entity to enlist staff assistance to implement the powers and
duties assigned by the Commission or by state law.
(j) The chancellor is responsible for the daily operations of
the Commission and has the following responsibilities relating to
the Commission and the institutions under its jurisdiction:
(1) To carry out policy and program directives of the
Commission;
(2) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section
one-a, article one of this chapter and in the institutional
compacts;
(3) To prepare and submit to the Commission for its approval
the proposed budget of the Commission including the offices of the
chancellor and the vice chancellors;
(4) To assist the governing boards in developing rules,
subject to the provisions of section six, article one of this
chapter. Nothing in this chapter requires the rules of the
governing boards to be filed pursuant to the rule-making procedures
provided in article three-a, chapter twenty-nine-a of this code.
The
chancellor is Commission and the Council, either separately or
jointly, as appropriate, are responsible for ensuring that any
policy which is required to be uniform across the institutions is applied in a uniform manner;
(5) To perform all other duties and responsibilities assigned
by the Commission or by state law.
(k) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities.
(l) The chancellor, with the Commission, advises the
Legislature on matters of higher education in West Virginia. The
chancellor shall work closely with the Legislative Oversight
Commission on Education Accountability and with the elected
leadership of the state to ensure that they are fully informed
about higher education issues and that the Commission fully
understands the goals for higher education that the Legislature has
established by law.
(m) The chancellor may design and develop for consideration by
the Commission new statewide or regional initiatives in accordance
with the goals set forth in section one-a, article one of this
chapter and the public policy agenda articulated by the Commission.
In those instances where the initiatives to be proposed have a
direct and specific impact or connection to community and technical
college education as well as to baccalaureate and graduate
education, the Chancellor for Higher Education and the Chancellor
for Community and Technical College Education shall design and
develop the initiatives jointly for consideration by the Commission and the Council.
(n) The chancellor shall work closely with members of the
State Board of Education and with the State Superintendent of
Schools to assure that the following goals are met:
(1) Development and implementation of a seamless
kindergarten-through-college system of education; and
(2) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
Commission and the State Board of Education, the chancellor serves
as an ex officio, nonvoting member of the State Board of Education.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a)
Appointment of institutional presidents. -- Appointment of
presidents of the
public 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
college University, Fairmont State
college
University, Glenville State College, Marshall University, Shepherd
college University, West Liberty State College, West Virginia
School of Osteopathic Medicine, West Virginia State
college
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. When
selecting candidates for consideration to fill the office of
president, the governing board shall use the search and screening
process provided
for 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
colleges 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.
Subject to the approval of the Council, the governing board of
the sponsoring institution appoints a president for each of these
two community and technical colleges until the institution gains
independent accreditation.
(b)
Other appointments. --
Effective the first day of July,
two thousand five, The institutional president
shall appoint
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.
§18B-1B-13. Study of issues affecting employees in public higher
education.
(a) In consultation with the Council, the governing boards,
the State Advisory Council of Faculty established pursuant to
section two, article six of this chapter and the State Advisory
Council of Classified Employees established pursuant to section
five, article six of this chapter, the Commission shall conduct a
study relating to issues affecting employees in public higher
education.
(b) The study includes, but is not limited to, the following:
(1) Reviewing statutes, rules, guidelines, interpretations and
other statements of policy;
(2) Surveying the capacity, professional training and
practices of human resources staff by institution, including the
number of staff employed in each institutional human resources
office, their job titles, and responsibilities;
(3) Evaluating the strengths and weaknesses of the state-wide
classification and compensation system and examining alternatives;
(4) Reviewing job titles and responsibilities to determine if
certain families of jobs should be classified or nonclassified;
(5) Evaluating and recommending best practices and methods to
establish salary rates for faculty, classified employees, non-
classified employees and administrators; including:
(A) Developing measurable indicators of "merit" and "performance" if these terms are to be used in a system for
determining benefits;
(B) Developing reliable instruments of performance evaluation
for all classes of employees; and
(C) Exploring the feasibility of authorizing employee bonuses
under a merit or performance-based system;
(6) Determining the most effective and efficient method to
train administrators who perform employee evaluations and assuring
that they use these instruments appropriately;
(7) Exploring justifications for maintaining or removing the
internal preference for hiring, promoting and transferring
classified employees pursuant to article seven of this chapter;
(8) Developing recommendations for a fair and rational policy
covering reductions in force;
(9) Identifying unnecessary state-level paperwork requirements
related to personnel and recommending methods to eliminate them
while maintaining strict fiscal accountability;
(10) Evaluating the strengths and weaknesses of state-wide
tenure and promotion policies for faculty and examining
alternatives;
(11) Evaluating the feasibility of implementing differential
salary rates based on cost of living or other relevant factors;
(12) Determining whether employees whose salaries are derived
from funds other than state appropriations should be subject to the provisions of article seven of this chapter and how such employees
should be treated in any policy on reductions in force; and
(13) Determining the true costs or benefits that may accrue as
a result of decisions to outsource certain institutional functions.
In order to perform a cost/benefit analysis, the Commission must
first develop an accurate database of institutional practices
including the number of positions being outsourced or filled by
temporary employees, and the true amount of cost savings, if any.
(c) The Commission shall report to the Legislative Oversight
Commission on Education Accountability by the first day of October,
two thousand five, and every six months thereafter on the progress
of the study.
(d) The Commission shall complete its work and report its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate the recommendations, to the
Legislative Oversight Commission on Education Accountability by the
first day of December, two thousand eight.
(1) In making its recommendations, the Commission shall take
into account the impact of proposed changes on employees and the
communities in which state institutions of higher education are
located; and
(2) The Commission shall include documentation to support any
conclusion or recommendation included as a part of their findings
and shall attach estimates of cost or savings to each recommendation, if that recommendation has a fiscal impact on any
public agency or institution.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-3. Supervision of governing boards; promulgation of rules.
(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, the Interim Governing Board is subject to the
supervision of the secretary of education and the arts. Rules
adopted by the governing board are subject to approval by the
secretary of education and the arts.
(b) (a) Effective the first day of July, two thousand one,
and thereafter, The governing boards are subject to the supervision
of the
chancellor Commission or the Council, as appropriate, except
for the governing boards of Marshall University and West Virginia
University as it relates to the state institutions of higher
education know as Marshall University and West Virginia University.
The Chancellor for Higher Education and the Chancellor for
Community and Technical College Education, under the supervision of
their respective boards, is are responsible for the coordination of
policies and purposes of the governing boards and shall provide for
and facilitate sufficient interaction among the governing boards
and between the governing boards and the State Board of Education
to meet the goals and objectives provided
for in the compacts and
in section one-a, article one of this chapter.
(c) (b) The governing boards and the State Board of Education
shall provide any and all information requested by the
chancellor
Commission or the Council in
a an appropriate format and in a
timely manner.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institutions of higher education under its jurisdiction;
(b) Develop a master plan for the institutions under its
jurisdiction, except the administratively linked community and
technical colleges which retain an institutional board of advisors
shall develop their master plans subject to the provisions of
section one, article six of this chapter.
(1) The ultimate responsibility for developing and updating
the master plans at the institutional level resides with the board
of governors, or board of advisors, as applicable, but the ultimate
responsibility for approving the final version of the institutional
master plans, including periodic updates, resides with the
Commission or Council, as appropriate
with the following
exceptions:
(A) The institutional governing board shall develop and
approve a master plan for the state institution of higher education known as Marshall University and shall submit the approved document
to the Commission; and
(B) The institutional governing board shall develop and
approve a master plan for the state institution of higher education
known as West Virginia University and shall submit the approved
document to the Commission.
(2) Each master plan shall include, but not be limited to, the
following:
(1) (A) A detailed demonstration of how the master plan will
be used to meet the goals and objectives of the institutional
compact;
(2) (B) 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) (C) Documentation of the involvement of the Commission or
Council, as appropriate, institutional constituency groups,
clientele of the institution and the general public in the
development of all segments of the institutional master plan.
(3) 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 the addition or deletion of degree programs as, in the discretion of the appropriate governing board, may be
necessary;
(c) Prescribe for the institutions under its jurisdiction, in
accordance with its master plan and the compact for each
institution, specific functions and responsibilities to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;
(d) Direct the preparation of a budget request for the
institutions under its jurisdiction, such request to relate
directly to missions, goals and projections as found in the
institutional master plans and the institutional compacts;
(e) Consider, revise and submit to the Commission or Council,
as appropriate, a budget request on behalf of the institutions
under its jurisdiction;
(f) Review, at least every five years, all academic programs
offered at the institutions under its jurisdiction. The review
shall address the viability, adequacy and necessity of the programs
in relation to its institutional master plan, the institutional
compact and the education and workforce needs of its responsibility
district. As a part of the review, each governing board shall
require the institutions under its jurisdiction to conduct periodic
studies of its graduates and their employers to determine placement
patterns and the effectiveness of the education experience. Where
appropriate, these studies should coincide with the studies required of many academic disciplines by their accrediting bodies;
(g) The governing boards shall ensure that the sequence and
availability of academic programs and courses offered by the
institutions under their jurisdiction is such that students have
the maximum opportunity to complete programs in the time frame
normally associated with program completion. Each governing board
is responsible to see that the needs of nontraditional college-age
students are appropriately addressed and, to the extent it is
possible for the individual governing board to control, to assure
core course work completed at institutions under its jurisdiction
is transferable to any other state institution of higher education
for credit with the grade earned;
(h) Subject to the provisions of article one-b of this
chapter, the appropriate governing board has the exclusive
authority to approve the teacher education programs offered in the
institution under its control. In order to permit graduates of
teacher education programs to receive a degree from a nationally
accredited program and in order to prevent expensive duplication of
program accreditation, the Commission may select and utilize one
nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation;
(i) Utilize faculty, students and classified employees in
institutional-level planning and decision making when those groups
are affected;
(j) Subject to the provisions of federal law and pursuant to
the provisions of article nine of this chapter and to rules adopted
by the Commission and the Council, administer a system for the
management of personnel matters, including, but not limited to,
personnel classification, compensation and discipline for employees
at the institutions under their jurisdiction;
(k) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article six-a, chapter
twenty-nine of this code is the exclusive mechanism for hearing
prospective employee grievances and appeals. In construing the
application of said article to grievances of higher education
employees, the following apply:
(1) "Chief administrator" means the president of a state
institution of higher education as to those employees employed by
the institution and the appropriate chancellor as to those
employees employed by the Commission or Council;
(2) The State Division of Personnel may not be a party to nor
have any authority regarding a grievance initiated by a higher
education employee; and
(3) The provisions of this section supersede and replace the
grievance procedure set out in article twenty-nine, chapter
eighteen of this code for any grievance initiated by a higher
education employee after the first day of July, two thousand one;
(l) Solicit and utilize or expend voluntary support, including
financial contributions and support services, for the institutions
under its jurisdiction;
(m) Appoint a president for the institutions under its
jurisdiction subject to the provisions of section six, article
one-b of this chapter;
(n) Conduct written performance evaluations of the president
pursuant to section six, article one-b of this chapter;
(o) Employ all faculty and staff at the institution under its
jurisdiction. Such employees operate under the supervision of the
president, but are employees of the governing board;
(p) Submit to the Commission or Council, as appropriate, no
later than the first day of November of each year an annual report
of the performance of the institution under its jurisdiction during
the previous fiscal year as compared to stated goals in its master
plan and institutional compact;
(q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the public
institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal,
the boards are permitted to share resources among the various
groups in the community;
(r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this
chapter;
(s) Delegate, with prescribed standards and limitations, the
part of its power and control over the business affairs of the
institution to the president in any case where it considers the
delegation necessary and prudent in order to enable the institution
to function in a proper and expeditious manner and to meet the
requirements of its institutional compact. If a governing board
elects to delegate any of its power and control under the
provisions of this subsection,
it shall enter such delegation in
the minutes of the meeting when the decision was made and shall
notify the
appropriate chancellor Commission or Council, as
appropriate. Any such delegation of power and control may be
rescinded by the appropriate governing board,
or the chancellor the
Commission or Council, as appropriate, at any time, in whole or in
part
except that the Commission may not revoke delegations of
authority made by the governing boards of Marshall University or
West Virginia University as they relate to the state institutions
of higher education known as Marshall University and West Virginia
University;
(t) Unless changed by the Commission or the Council, as
appropriate, the governing boards shall continue to abide by
existing rules setting forth standards for acceptance of advanced placement credit for their respective institutions. Individual
departments at institutions of higher education may, upon approval
of the institutional faculty senate, require higher scores on the
advanced placement test than scores designated by the appropriate
governing board when the credit is to be used toward meeting a
requirement of the core curriculum for a major in that department;
(u) Each governing board, or its designee, shall consult,
cooperate and work with the State Treasurer and the State Auditor
to update as necessary and maintain an efficient and cost-effective
system for the financial management and expenditure of special
revenue and appropriated state funds at the institutions under its
jurisdiction that ensures that properly submitted requests for
payment be paid on or before due date but, in any event, within
fifteen days of receipt in the State Auditor's office;
(v) The governing boards in consultation with the appropriate
chancellor and the Secretary of the Department of Administration
shall develop, update as necessary and maintain a plan to
administer a consistent method of conducting personnel
transactions, including, but not limited to, hiring, dismissal,
promotions and transfers at the institutions under their
jurisdiction. Each such personnel transaction shall be accompanied
by the appropriate standardized system or forms which will be
submitted to the respective governing board and the Department of
Finance and Administration;
(w)
Transfer of funds.
(1) Notwithstanding any other provision of this code to the
contrary, the governing boards may transfer funds from any account
specifically appropriated for their use to any corresponding line
item in a general revenue account at any agency or institution
under their jurisdiction as long as such transferred funds are used
for the purposes appropriated.
(2) The governing boards may transfer funds from appropriated
special revenue accounts for capital improvements under their
jurisdiction to special revenue accounts at agencies or
institutions under their jurisdiction as long as such transferred
funds are used for the purposes appropriated.
(x) Notwithstanding any other provision of this code to the
contrary, the governing boards may acquire legal services as are
considered necessary, including representation of the governing
boards, their institutions, employees and officers before any court
or administrative body. The counsel may be employed either on a
salaried basis or on a reasonable fee basis. In addition, the
governing boards may, but are not required to, call upon the
Attorney General for legal assistance and representation as
provided by law; and
(y) Each governing board which has under its jurisdiction an
administratively linked community and technical college or a
regional campus offering community and technical college education programs shall create within the administrative structure of its
governing board a subcommittee for community and technical college
education. The subcommittee shall have at least four members, one
of whom is the chairperson of the board of advisors of the
community and technical college or, in the case of the governing
board of West Virginia university, both the member representing the
community and technical college and the member representing the
regional campus.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-9. Permits required for correspondence, business,
occupational and trade schools; surety bonds and
fees; issuance, renewal and revocation of permit;
reports; rules; penalty and enforcement.
(a) The following words when used in this section have the
meaning hereinafter ascribed to them unless the context clearly
indicates a different meaning:
(1) "Proprietary schools that award specialized associate
degrees" means institutions of higher education, and
(2) "Specialized associate degrees" means degrees awarded by
such institutions pursuant to a program of not fewer than two
academic years.
(b) Nothing in this section qualifies proprietary schools for
additional state moneys not otherwise qualified under other provisions of this code.
(a) (c) It
shall be is unlawful for any person representing a
correspondence, business, occupational or trade school inside or
outside this state, as
such shall be these are defined by the
Board
of Directors Council by rule promulgated in accordance with article
three-a, chapter twenty-nine-a of this code, to solicit, sell or
offer to sell courses of instruction to any resident of this state
for consideration or remuneration unless the school first applies
for a permit, or obtains a permit, from the
West Virginia Board of
Directors Council in the manner and on the terms herein prescribed,
except this section does not apply to private organizations which
offer only tax return preparation courses. The rule previously
promulgated by the state college system Board of Directors and
transferred to the Council by section six, article two-b, chapter
eighteen-b of this code remains in effect until rescinded or
amended by the Council.
(1) All private training or educational institutions, schools
or academies or other organizations shall apply for a permit from
the
Board of Directors of the state college system Council on forms
provided by the
board Council.
This section does not apply to
private organizations that offer only tax return preparation
courses.
(2) Each initial application shall be accompanied by a
nonrefundable fee of two thousand dollars. The
board Council also may
also assess an additional fee based on any additional expense
required to evaluate the application.
(3) The
board Council shall make a determination on the
initial permit application within ninety days after receipt of the
application and fee.
(4) An applicant for an initial permit shall show proof at the
time of filing an application that adequate facilities are
available and ready for occupancy and that all instructional
equipment, books and supplies, and personnel are in place and ready
for operation. A representative of the
board Council shall make an
on-site visit to
the facilities of all new
applicants' facilities
applicants to confirm
its their readiness for operation prior to
issuance of the initial permit if the facilities are located in
West Virginia.
(5) A school is considered to be established under the
provisions of this article on the date it first begins to
lawfully
operate
lawfully. An established school is not required to reapply
for a permit as a result of changes in governance; administration;
ownership; or form of operation.
(6) After the first permit year, an annual fee of five hundred
dollars is imposed on each school for each campus it operates in
this state.
(b) (d)Each application shall be accompanied by a surety
bond in the penal sum of thirty-five thousand dollars for any school which has its physical facilities located in this state and
which has operated in this state for at least ten years:
Provided,
That
(1) If the school has changed ownership within the last ten
years by transfer of ownership control to a person who is a spouse,
parent, sibling, child or grandchild of the previous owner, the
surety bond shall continue in the penal sum of thirty-five thousand
dollars.
Provided, however, That
(2) Any school which has operated in West Virginia for
less
fewer than ten years,
including excluding those schools which have
changed ownership within the last ten years
as provided in
subdivision (1) of this section, except those schools noted above
who have transferred ownership control to a spouse, parent,
sibling, child or grandchild of the previous owner within the last
ten years and any school located in another state which applies for
a permit hereunder, shall provide a surety bond of fifty thousand
dollars.
(3) Provided further, That Any school may be required to
increase its bond to one hundred fifty thousand dollars
if either
of the following conditions apply:
(A) if its The school's accreditation is terminated for
cause; or
(B) if The school's institutional eligibility under the Higher
Education Act of 1965, as amended, has been terminated for cause.
And provided further, That Expiration, non-renewal or voluntary
relinquishment of accreditation or institutional eligibility under
said the
Higher Education Act, or failure to meet the requirements
of one or more programs under
said the act,
shall are not
be deemed
considered to be a termination for cause.
(4) In addition, Any school may be required to increase its
bond to an amount not to exceed four hundred thousand dollars if,
in accordance with the standards of the American Institute of
Certified Public Accountants, the school's audited financial
statements are qualified because the school's continued financial
viability as an ongoing concern is in doubt, and the
Board of
Directors Council determines an increased bond is reasonably
necessary to protect the financial obligations legally due the
students then enrolled at the institution.
(A) A school may be required to maintain the increased
bonding requirements described above until all students attending
classes at the date of termination either graduate or withdraw.
(B) The bond may be continuous and shall be conditioned to
provide indemnification to any student suffering loss as a result
of any fraud or misrepresentation used in procuring the student's
enrollment, failure of the school to meet contractual obligations,
or failure of the school to meet the requirements of this section.
(C) The bond shall be given by the school itself as a blanket
bond covering all of its representatives.
(D) The surety on
any such a bond may cancel the same upon
giving thirty days' notice in writing to the principal on
said the
bond and to the state
Board of Directors Council and thereafter
shall be relieved of liability for any breach of condition
occurring after the effective date of
said the cancellation.
(c) (e) A permit shall be valid for one year corresponding to
the effective date of the bond and
may be renewed upon application,
accompanied by the required fee and the surety bond as herein
required.
, may be renewed. All fees collected for the issuance or
renewal of
such a permit shall be deposited in the State Treasury
to the credit of the
Board of Directors Council.
(f) The
board Council may refuse a permit to any school if the
board Council finds that the school engages in practices which are
inconsistent with this section or with rules
and regulations issued
pursuant thereto.
(g) A permit issued hereunder
upon fifteen days' notice and
after a hearing, if a hearing is requested by the school, may be
suspended or revoked by the
Board of Directors Council for fraud or
misrepresentation in soliciting or enrolling students, for failure
of the school to fulfill its contract with one or more students who
are residents of West Virginia, or for violation of or failure to
comply with any provision of this section or with any regulation of
the
state Board of Directors Council pertinent thereto.
(1) Before taking any action to suspend or revoke a school's permit, the Council shall give the school fifteen days' notice and
convene a hearing, if a hearing is requested by the school.
(2) Prior to the
board Council taking any adverse action,
including refusal, suspension or revocation of a permit, the
Council shall give the school
shall be given reasonable opportunity
to take corrective measures.
(3) Any refusal, suspension or revocation of a permit, or any
other adverse action against a school, shall comply with all
constitutional provisions, including due process, relating to the
protection of property rights.
(d) (h) All correspondence, business, occupational or trade
schools which have been issued a permit shall make annual reports
to the
Board of Directors Council on forms furnished by the
board
Council and shall provide such appropriate information as the
board
Council reasonably may require. All correspondence, business,
occupational or trade schools which have been issued a permit shall
furnish to the
Board of Directors Council a list of its official
representatives. Each school shall be issued a certificate of
identification by the
Board of Directors Council for each of its
official representatives.
(e) (i) The issuance of a permit pursuant to this section
does not constitute approval or accreditation of any course or
school. No school, nor any representative of a school,
shall may
make any representation stating, asserting or implying that a permit issued pursuant to this section constitutes approval or
accreditation by the state of West Virginia,
state Board of
Directors Council or any other department or agency of the state.
(j) The
Board of Directors Council is hereby authorized to
adopt rules and conduct on-site reviews to evaluate academic
standards maintained by schools for the awarding of certificates,
diplomas,
associate degrees and specialized associate degrees.
which
(1) These standards may include curriculum, personnel,
facilities, materials and equipment.
: Provided, That in the case of
(2) For accredited correspondence, business, occupational and
trade schools under permit on the first day of July, one thousand
nine hundred seventy-nine,
which have having their physical
facilities located in this state and which are accredited by the
appropriate nationally recognized accrediting agency or association
approved by the United States Department of Education, the
accrediting agency's standards, procedures and criteria
shall be
are accepted as meeting applicable laws, standards and rules of the
Board of Directors Council.
Provided, however, That
(3) Institutions which are institutionally accredited by
accrediting agencies
that are recognized by the United States
Department of Education to establish academic standards for
postsecondary education may offer postsecondary educational
programs leading to
(and upon successful completion of such programs award graduates) certificates, diplomas and associate
degrees
and may award certificates, diplomas and associate degrees
to graduates who successfully complete required programs in
accordance with the academic standards required by such accrediting
agency.
(4) If a review undertaken by the
board Council indicates
there may be deficiencies in the academic standards the institution
maintains in its educational programs
and if such deficiencies that
are of such a material nature
as to that they jeopardize continued
accreditation, the
board Council shall notify the institution. If
the
board Council and the institution are unable to agree on the
deficiencies or the steps necessary to correct the deficiencies,
the
board Council shall consult with the institution's accrediting
agency regarding an academically appropriate resolution which
resolution may include a joint on-site review by the
board Council
and the accrediting agency.
(5) The
board Council also may
also review the academic
standards of unaccredited institutions and may require such
institutions to maintain recognized academic standards that are
reasonably appropriate to the nature of the institution and the
training offered.
(k) The
Board of Directors Council may authorize an
investigation of written student complaints alleging a violation of
this section,
board Council rules, or accreditation standards and may take appropriate action based on the findings of such an
investigation.
(l) All evaluations or investigations of correspondence,
business, occupational and trade schools, and actions resulting
from such evaluations or investigations, shall be made in
accordance with rules promulgated by the
Board of Directors Council
pursuant to article three-a, chapter twenty-nine-a of this code.
For the purposes of this section, proprietary schools that
award specialized associate degrees shall be are defined as
institutions of higher education, and specialized associate degrees
shall mean degrees awarded by such institutions pursuant to a
program of not less than two academic years: Provided, That
nothing herein shall be construed to qualify the said proprietary
schools for additional state moneys not otherwise qualified for
under other provisions of this code.
(f) (m)In regard to private, proprietary educational
institutions operating under this section of the code, accredited
by a national or regional accrediting agency or association
recognized by the United States Department of Education and which
provide training at a campus located in this state:
(1)Any rule or standard which is authorized by this or any
section of the code or other law and which is now in effect or
promulgated hereafter by the
Board of Directors Council (or other
agency with jurisdiction) shall be clearly, specifically and expressly authorized by narrowly construed enabling law and shall
be unenforceable and without legal effect unless authorized by an
act of the Legislature under the provisions of article three-a,
chapter twenty-nine-a of this code.
(2)Notwithstanding any other provision of this section or
other law to the contrary, the institution's accrediting agency
standards, procedures and criteria shall be accepted as the
standards and rules of the
Board of Directors Council (or other
agency with jurisdiction) and as meeting other law or legal
requirements relating to the operation of proprietary institutions
which such
board Council or other agency has the legal authority to
enforce under any section of the code or other law.
Provided,
That. Nothing in this section
shall be construed to deny denies
students the use of remedies that would otherwise be available
under state or federal consumer laws or federal law relating to
federal college financial assistance programs.
(3)Accredited institutions operating hereunder are hereby
recognized as postsecondary. Academic progress
shall be is
measured and reported in credit hours and all reports/documents
are
filed on a credit hour basis unless the institution notifies the
board Council that it utilizes clock hours as its unit of
measurement.
(g) (n)A representative of any school who solicits, sells
or offers to sell courses of instruction to any resident of this state for consideration or remuneration unless the school first
applies for a permit, or obtains a permit,
shall be is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
that than two hundred dollars per day per violation, or imprisoned
in
the county jail not more than sixty days, or both fined and
imprisoned. No correspondence, business, occupational or trade
school shall maintain an action in any court of this state to
recover for services rendered pursuant to a contract solicited by
the school if the school did not hold a valid permit at the time
the contract was signed by any of the parties thereto. The
Attorney General or any county prosecuting attorney, at the request
of the
Board of Directors Council or upon his or her own motion,
may bring any appropriate action or proceeding in any court of
competent jurisdiction for the enforcement of the provisions of
this section relating to permits, bonds and sureties.
(h) (o) In regard to institutions operating under this
section, all substantive standards and procedural requirements
established by the
Board of Directors Council (or the West Virginia
state program review entity or other agency with jurisdiction over
institutions operating hereunder) shall meet all substantive and
procedural standards of due process relating to the protection of
an individual citizen's property rights as provided
for under the
United States Constitution, and shall follow the substantive
standards and procedural requirements established by or under authority of this section.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH,
DOCTORAL-GRANTING PUBLIC UNIVERSITIES.
§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-3-2. Computer and computer equipment donation program.
Notwithstanding any other provision of this code to the
contrary, the governing boards are authorized to create a program
to donate surplus computers and computer-related equipment to
education facilities, nonprofit organizations, juvenile detention
centers, municipal and county public safety offices, and other
public, charitable or educational enterprises or organizations in
this state.
(a) Only equipment which otherwise would be transferred to the
Surplus Property Unit of the Purchasing Division may be donated;
(b) The governing boards shall keep records and accounts that
clearly identify the equipment donated, the age of the equipment,
the reasons for declaring it obsolete, and the name of the
education facility, nonprofit organization, juvenile detention
center, municipal or county public safety office or other public,
charitable or educational enterprise or organization to which the
equipment was donated;
(c) Each governing board shall promulgate a rule in accordance
with the provisions of section six, article one of this chapter to implement the donation program. The rules shall specify the
procedures to be used for record keeping and shall provide for fair
and impartial selection of equipment recipients.
§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 responsibility including, but
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.
§18B-3-4. Duty of governing boards to address state priorities.
(a) The expertise of faculty and graduate students at the
state institutions of higher education known as Marshall University
and West Virginia University is important to every citizen of this
state. It is the responsibility of the governing boards to channel
this expertise into research and analysis that will yield
measurable benefits to the citizens of West Virginia. Therefore,
in addition to the goals for post-secondary education established
in section one-a, article one of this chapter, and goals
established elsewhere in this code, it is the responsibility of the
governing boards in collaboration to concentrate attention and
resources on certain specific state priorities that have a direct,
positive impact on the economic, social, and cultural well-being of
the people of West Virginia. These priorities include, but are not
limited to, the following:
(1) Developing Regional Brownfield Assistant Centers pursuant
to section seven, article eleven of this chapter;
(2) Coordinating the delivery of professional development to
educators in the public schools of the state pursuant to the
provisions of article three-a, chapter eighteen of this code;
(3) Building subject matter expertise in public school
finance, including mastery of the theories and concepts used in
developing formulas to provide state-level financial support to
public education;
(4) Researching, developing and recommending objective
standards of accountability that may be used to determine when, or
if, the governing board of a public institution of higher education
other than Marshall University or West Virginia University, is
prepared to meet the obligations required to receive greater
operational flexibility and autonomy.
(A) In developing the standards, the governing boards of
Marshall University and West Virginia University shall draw upon
available higher education research in the field and upon their own
experiences;
(B) At least annually, the governing boards shall provide
interim reports on the progress of their research to the Joint
Committee on Government and Finance and the Legislative Oversight
Commission on Education Accountability; and
(C) No later than the first day of December, two thousand
eight, the governing boards shall complete their work and report
their findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate the
recommendations, to the Governor, the Joint Committee on Government
and Finance and the Legislative Oversight Commission on Education Accountability; and
(5) Researching and proposing cost-efficient methods to the
Legislature for governing boards other than Marshall University and
West Virginia University to dispose of obsolete computers and
computer-related equipment.
(b) The Legislature may, but is not required, to make
additional appropriations for the benefit of the state institutions
of higher education known as Marshall University and West Virginia
University to assist them in fulfilling the purposes set forth in
subsection (a) of this section.
(c) In addition to the priorities established in subsection
(a) of this section, each governing board separately shall focus
resources and attention on improving their graduation rates for
undergraduate students as a specific institutional priority and
shall develop goals to that end as follows:
(1) Marshall University shall attain a graduation rate for
undergraduate students of forty percent by the first day of July,
two thousand eight, and shall attain a graduation rate for
undergraduate students of forty-five percent by the first day of
July, two thousand ten.
(2) West Virginia University shall attain a graduation rate
for undergraduate students of sixty percent by the first day of
July, two thousand eight, and shall attain a graduation rate of
sixty-three percent by the first day of July, two thousand ten.
(3) The Commission shall monitor and report by the first day
of December, two thousand five and annually thereafter to the
Legislative Oversight Commission on Education Accountability on the
progress of the governing boards toward meeting the goals set forth
in subdivisions (1) and (2) of this subsection.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-5. Campus police officers; appointment; qualifications;
authority; compensation and removal.
(a) The governing boards
are hereby authorized to may appoint
bona fide residents of this state to
act serve as campus police
officers upon any premises owned or leased by the State of West
Virginia and under the jurisdiction of the governing boards,
subject to the conditions and restrictions
hereinafter imposed
established in this section.
(1) A person who qualifies for employment as an officer in a
state, local or municipal law-enforcement agency is not required to
repeat any previously completed training prior to appointment as a
campus police officer at either of the state institutions of higher
education known as Marshall University and West Virginia
University.
(2) Before performing duties as a campus police officer in any
county,
each person so appointed shall first qualify therefor in
the same manner as is a person shall qualify as is required of
county police officers by:
the
(A) Taking and filing
of an oath of office as required by
article one, chapter six of this code; and
by
(B) Posting an official bond as required by article two,
chapter six of this code.
(b) A campus police officer
shall have authority to carry a
gun and may carry
a gun and any other dangerous weapon while on
duty if the
campus police officer fulfills the certification
requirement for law-enforcement officers under section five,
article twenty-nine, chapter thirty of this code.
(c) It is the duty of
any person so appointed and qualified as
a campus police officer to preserve law and order:
only upon those
(1) On the premises under the jurisdiction of the governing
boards and board; and
(2) On any
other street, road or thoroughfare, except
controlled access and open country highways, immediately adjacent
to or passing through
such premises, to which the
person may be
officer is assigned by the president
or other administrative head
of the state institution of higher education.
(A) For
this purpose the purpose of this subdivision the
campus police officer is a law-enforcement officer pursuant to the
provisions of section one, article twenty-nine, chapter thirty of
this code.
and as to offenses committed within any area so
assigned
(B) The officer has and may exercise all the powers and authority
and of a law-enforcement officer as to offenses committed
within the area assigned;
(C) The officer is subject to all the requirements and
responsibilities of a law-enforcement officer;
Provided, That the
assignment of campus police officers to the duties authorized by
this section may not be deemed to
(D) Authority assigned pursuant to this subdivision does not
supersede in any way the authority or duty of other
peace
law-enforcement officers to preserve law and order on such
premises.
In addition, the
(E) Campus police officers
appointed under provisions of this
section have authority to assist local peace officers may assist a
local law-enforcement agency on public highways.
in the control of
The assistance may be provided to control traffic in and around
premises owned by the state
when: of West Virginia whenever such
(i) Traffic is generated as a result of athletic or other
activities conducted or sponsored by a state institution of higher
education; and
when such
(ii) The assistance has been requested by the
local peace
officers local law-enforcement agency.
(F) For the state institutions of higher education known as
Marshall University and West Virginia University only, campus
police officers may assist a local law-enforcement agency in any
location under the agency's jurisdiction at the request of the agency.
(d) The salary of
all such campus police officers shall be a
campus police officer is paid by the appropriate governing board.
Each state institution may furnish each campus police officer with
a firearm and an official uniform to be worn while on duty.
and
The institution shall furnish and require each officer while on
duty to wear a shield with an appropriate inscription and to carry
credentials certifying to the person's identity and authority as a
campus police officer.
The
(e) A governing
boards board may at
their its pleasure revoke
the authority of any campus police officer. The president
or other
administrative head of the state institution
of higher education
shall report the termination of employment of a campus police
officer by filing a notice to that effect in the office of the
clerk of each county in which the campus police officer's oath of
office was filed.
§18B-4-5a. Crimes committed on campus of institutions of higher
education.
(a) The president or a designee of each
state institution of
higher education
in this state shall on a regular and timely basis
provide information to the public concerning alleged crimes
occurring on the institution's property which have been reported to
a campus police officer or any other officer of the institution.
(1) A crime
shall be deemed reported whenever is considered reported when:
(A) A campus police officer or other officer of the
institution determines that the report is credible;
when
(B) The report is submitted in writing and attested to by the
victim on
such forms as shall be made available by forms at the
institution for such purpose; or
when
(C) The institution is notified by a law-enforcement agency of
the reporting of a crime alleged to have occurred on the
institution's property.
(2) Such reports
shall be are referred within twenty-four
hours to the appropriate law-enforcement agencies, as defined in
section one, article twenty-nine, chapter thirty of this code, for
further investigation.
(b) For the state institutions of higher education known as
Marshall University and West Virginia University only, the campus
police shall investigate a crime within their respective
jurisdictions for up to thirty days if the county prosecuting
attorney does not sooner reassign the case to another agency.
(c) The information required to be made available to the
public regarding the crime report shall be
so available within ten
days of the report.
and The information shall include the nature
of the criminal offense, the date of the offense, the general
location of the offense (such as a designation of a specific
building or area of the campus) and the time of day when the offense occurred.
Provided, That this requirement shall not be
construed to
(1) This subsection does not require the release of any
information which may disclose the identity of the victim.
Provided, however, That
(2) The institution shall withhold the information required to
be made available to the public for a longer period upon
certification of investigative need that the information be
withheld from the public.
such certification to
(A) The certification shall be filed by an officer of one of
the investigating law-enforcement agencies with the president of
the institution or the designee to whom the duties required by this
section have been delegated.
Provided further, That
(B) The required information may
in no event not be withheld
after an arrest has been made in connection with the crime report.
(d) For purposes of this section, "crime" is defined as those
offenses required to be reported under the federal Crime Awareness
and Campus Security Act of 1990, as amended, and under section
eight-a, article one of this chapter.
and "Crime" includes murder,
rape, robbery, aggravated assault, burglary, motor vehicle theft
and arrests for liquor, drug or weapons laws violations.
(e) The
governing boards Council and Commission shall provide
crime reporting forms
to institutions under their respective
jurisdictions and promulgate
such a legislative rule pursuant to the provisions of article three-a, chapter twenty-nine-a of this
code as
are necessary
for the implementation of to implement this
section.
Such The forms and rules shall be provided by the central
office to other institutions of higher education in this state to
assist them with the implementation of this section.
§18B-4-6. Acquisition, operation and regulation of parking areas
and facilities at state institutions of higher
education; regulation of parking, speed and flow of
traffic on campus roads and driveways; civil and
criminal penalties; disposition of revenue.
(a) The governing boards are hereby authorized to construct,
maintain and operate automobile parking facilities or areas upon
any premises owned or leased at any state institution of higher
education under their jurisdiction for use by students, faculty,
staff and visitors. The governing boards may charge fees for use
of the parking facilities or areas under their control. All moneys
collected for the use of the parking facilities or areas shall be
paid to the credit of the state institution of higher education at
which the fees were charged into a special fund
which is hereby
created in the State Treasury. The moneys in the fund
shall be
used first
are used to pay the cost of maintaining and operating
the parking facilities or areas.
but
(1) Any excess not needed for this purpose may be used for the
acquisition of property by lease or purchase and the construction thereon of additional parking facilities or areas. Any money in
the fund not needed immediately for the acquisition, construction
maintenance or operation of the parking facilities or areas may be
temporarily invested by
the governing boards with the state board
of investments a governing board with the West Virginia Investment
Management Board to the credit of the
state institution
of higher
education at by which the fees were charged.
(2) For the state institutions of higher education known as
Marshall University and West Virginia University only, the excess
may be deposited into any account of the institution and used for
any lawful purpose as determined by the institution. Any money in
the fund not needed immediately for maintenance or operation of the
parking facilities or areas may be temporarily invested by a
governing board with the West Virginia Investment Management Board
to the credit of the institution by which the fees were charged.
(b) Notwithstanding any other motor vehicle or traffic law or
regulation to the contrary,
the governing boards are hereby
authorized to a governing board may regulate and control at any
state institution
of higher education under their under its
jurisdiction the speed, flow and parking of vehicles on campus
roads, driveways and parking facilities or areas.
(1) Rules for this purpose shall be promulgated by the
governing boards in the manner prescribed
in chapter twenty-nine-a
of this code and in section six, article one of this chapter; and
(2) When so promulgated,
shall the rules have the force and
effect of law.
(3) The governing board shall post in a conspicuous location
in each parking facility or area, a summary of the rules governing
the use of the facility or area including, but not limited to, the
availability of temporary parking permits and where
same these
permits may be obtained, and
of the penalties which may be imposed
for violations of the rules.
shall be conspicuously posted
(4) The governing board shall post in a conspicuous location
along each campus road and driveway, notice signs pertaining to the
speed of vehicles, spaces available for parking, directional flow
of traffic and penalties which may be imposed for violations of the
rules.
shall be conspicuously posted
(c) Any person parking
or operating any vehicle or operating
any a vehicle in violation of the rules shall be issued a citation:
(1) Describing the offense charged;
and
(2) Ordering an appearance:
(A) Within ten days, excluding Saturdays, Sundays and holidays
observed by the
college or university state institution, before a
designated official of the
state institution of higher education,
and institution;
(B) Before a magistrate located in the county if the person
cited fails to appear within
said the ten days;
ordering an
appearance before a magistrate located in the county in which the state institution of higher education is located or
(C) Before the judge of the municipal court, if the state
institution
of higher education is located within a municipality
having such an official,
and the person cited fails to appear
within the ten days.
(d) The designated official of the state institution
of higher
education shall have has exclusive jurisdiction of the offense
during the ten-day period until the citations are forwarded to a
magistrate.
For the state institutions of higher education known
as Marshall University and West Virginia University only, the
designated official of the institution has exclusive jurisdiction
of the offense for thirty days following the violation. After
thirty days the official forwards the citation to a magistrate.
Any person so cited may plead no contest to the offense and, by so
pleading,
shall be is subject to a civil penalty to be determined
uniformly by the designated official and commensurate with the
severity of the offense.
in an amount not more than ten For the
state institutions known as Marshall University and West Virginia
University only, the amount imposed may not exceed fifty dollars,
and for all other institutions the amount may not exceed ten
dollars, for each offense as partial reimbursement to the state
institution of higher education for the cost of regulating traffic
and parking.
In the case of the state institutions known as
Marshall University and West Virginia University only, the designated official shall determine the penalty uniformly,
commensurate with the severity of the offense, and may apply
academic restrictions in lieu of requiring a student to appear in
court and receive penalties otherwise provided in this section.
Moneys derived from civil penalties imposed herein shall be
deposited in the special fund in the State Treasury created by this
section and credited to the state institution
of higher education
at to which the penalty was paid.
(e) Upon
the expiration of the
ten days ten-day or thirty-day
period, as applicable, or upon a pleading of not guilty before the
designated official of the state institution
of higher education
within the
ten days applicable period, the magistrate or judge of
the municipal court
shall have has jurisdiction of the offense.
and Any person cited under the provisions of this section, upon a
finding of guilty by the magistrate or municipal judge,
shall be is
subject to a fine
of for each offense by the state institutions
known as Marshall University and West Virginia University only, of
up to one hundred dollars, and at all other state institutions not
less than ten dollars nor more than twenty dollars,
for each
offense the amount to be commensurate with the severity of the
offense.
(f) Each designated official of
the a state institution
of
higher education presiding over a case under the provisions of this
section shall keep
or cause to be kept a record of every citation which alleges a violation of such provisions, or the rules
promulgated in accordance therewith, and shall keep a record of
every official action in reference thereto including, but not
limited to, a record of every plea of no contest, conviction or
acquittal, of the offense charged, and the amount of the fine or
of
the civil penalty resulting from each citation.
(d) (g) Whenever a vehicle is parked on any state institution
of higher education campus road, driveway or parking facility or
area in a manner which violates posted rules and substantially
impedes the flow of traffic or endangers the health and safety, the
institution may, in addition to the issuing of a citation and
subsequent procedures set forth herein, remove the vehicle, by
towing or otherwise, to an area owned by the institution or areas
designated for this purpose. The vehicle, having been towed to the
designated area or areas, may be rendered immovable by use of
locking wheel blocks or other device not damaging to the vehicle.
The state institution of higher education shall maintain any
vehicle so towed in the same condition as it was immediately prior
to being towed, but shall not be liable for any damage to a vehicle
towed to, or kept in, a designated area pursuant to the provisions
of this section. The state institution of higher education shall
pay for the cost of removing the vehicle and shall have a right to
reimbursement from the owner for this cost and for the reasonable
cost of keeping the vehicle in the designated area. Until payment of these costs, the state institution of higher education may
retain possession of the vehicle, and the institution shall have a
lien on the vehicle for the amount due. The state institution of
higher education may enforce this lien in the manner provided in
section fourteen, article eleven, chapter thirty-eight of this code
for the enforcement of other liens.
For the state institutions
known as Marshall University and West Virginia University only, the
provisions of this subsection also apply when a vehicle is subject
to three or more unpaid citations.
§18B-4-7. Accreditation of institutions of higher education;
standards for degrees.
The 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 colleges and universities in
this state,
except the governing boards of Marshall University and
West Virginia University shall make rules for the state
institutions of higher education known as Marshall University and
West Virginia University, and shall determine the minimum standards
for conferring degrees.
The governing boards of Marshall
University and West Virginia University shall promulgate rules
pursuant to the provisions of section six, article one of this
chapter, for the accreditation of the state institutions of higher
education known as Marshall University and West Virginia University. An institution of higher education may not confer any
degree on any basis of work or merit below the minimum standards
prescribed by the Council,
or Commission
or the governing boards.
Nothing 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 Council or Commission or
their predecessors, prior to the effective date of this section.
With the approval of the Commission, governing boards of
institutions which currently offer substantial undergraduate course
offerings and a master's degree in a discipline are authorized to
grant baccalaureate degrees in that discipline.
Except as otherwise provided in this section, a charter or
other instrument containing the right to confer degrees of higher
education status may not be granted by the State of West Virginia
to any institution, association or organization within the state,
nor may any such degree be awarded, until the condition of
conferring the degree has first been approved in writing by the
Council,
or Commission
or appropriate governing board.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-3. Authority to contract for programs, services and
facilities.
The governing boards,
and the Commission,
and the Council are
authorized and empowered to enter into contracts and expend funds
for programs, services and facilities provided by public and private education institutions, associations, boards, agencies,
consortia, corporations, partnerships, individuals and local, state
and federal governmental bodies within and outside of West Virginia
in order that maximum higher education opportunities of high
quality may be provided to the citizens of the state in the most
economical manner. In no event may a contract for such services
and facilities be entered into unless the Commission,
the Council
or the governing boards have determined that such services and
facilities are necessary and would be at a savings to the state.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment, services and printing.
(a) The Council, Commission and each governing board, through
the vice chancellor for administration, shall purchase or acquire
all materials, supplies, equipment, services and printing required
for that governing board or the Council or Commission, as
appropriate, and the state institutions of higher education under
their jurisdiction,
except the governing boards of Marshall
University and West Virginia University, respectively, are subject
to the provisions of subsection (c) of this section.
(b) The Commission and Council jointly shall adopt rules
governing and controlling acquisitions and purchases in accordance
with the provisions of this section. The rules shall assure that
the Council, Commission and governing boards:
(1) Do not preclude any person from participating and making sales thereof to the governing board or to the Council or
Commission except as otherwise provided in section five of this
article. Provision of consultant services such as strategic
planning services will not preclude or inhibit the governing
boards, Council or Commission from considering any qualified bid or
response for delivery of a product or a commodity because of the
rendering of those consultant services;
(2) Establish and prescribe specifications, in all proper
cases, for materials, supplies, equipment, services and printing to
be purchased;
(3) Adopt and prescribe such purchase order, requisition or
other forms as may be required;
(4) Negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market or
through other accepted methods of governmental purchasing as may be
practicable in accordance with general law;
(5) Advertise for bids on all purchases exceeding twenty-five
thousand dollars, to purchase by means of sealed bids and
competitive bidding or to effect advantageous purchases through
other accepted governmental methods and practices;
(6) Post notices of all acquisitions and purchases for which
competitive bids are being solicited in the purchasing office of
the specified institution involved in the purchase, at least two
weeks prior to making such purchases and ensure that the notice is available to the public during business hours;
(7) Provide for purchasing in the open market;
(8) Provide for vendor notification of bid solicitation and
emergency purchasing;
(9) Provide that competitive bids are not required for
purchases of twenty-five thousand dollars or less; and
(10) Provide for not fewer than three bids where bidding is
required. If fewer than three bids are submitted, an award may be
made from among those received.
(c) Notwithstanding any other provision of this code to the
contrary, a contract, purchase order, or bond entered into either
jointly or separately by the state institutions of higher education
known as Marshall University and West Virginia University pursuant
to this section does not require the approval of the Attorney
General as to form or substance. A public officer or employee may
not submit any such contract, purchase order or bond to the
Attorney General without the permission of the Marshall University
or West Virginia University, respectively; however, these
institutions voluntarily may seek the assistance of the Attorney
General in drafting and reviewing such documents.
(d) Pursuant to this subsection, the governing boards of
Marshall University and West Virginia University, respectively,
may:
(1) Purchase or acquire all materials, supplies, equipment, services and printing required for the governing board without
approval from the Commission or the Vice Chancellor for
Administration and may issue checks in advance to cover postage as
provided in subsection (f) of this section;
(2) Make purchases from cooperative buying groups, consortia,
the federal government or from federal government contracts if the
materials, supplies, services, equipment or printing to be
purchased is available from these groups and if this would be the
most financially advantageous manner of making the purchase;
(3) Select and acquire by contract or lease all grounds,
buildings, office space or other space, the rental of which is
necessarily required by the governing board;
(4) Use purchase cards under terms approved for the
Commission, the Council and governing boards of state institutions
of higher education and participate in any expanded program of use
as provided in subsection (u) of this section; and
(e) The governing boards shall adopt sufficient accounting and
auditing procedures and promulgate and adopt appropriate rules
subject to the provisions of section six, article one of this
chapter, to govern and control acquisitions, purchases, leases and
other instruments for grounds, buildings, office or other space or
lease-purchase agreements.
(b) (f) The Council, Commission or each governing board,
through the vice chancellor for administration, may issue a check in advance to a company supplying postage meters for postage used
by that board, the Council or Commission and by the state
institutions of higher education under their jurisdiction.
(c) (g) When a purchase is to be made by bid, any or all bids
may be rejected. However, all purchases based on advertised bid
requests shall be awarded to the lowest responsible bidder taking
into consideration the qualities of the articles to be supplied,
their conformity with specifications, their suitability to the
requirements of the governing boards, Council or Commission and
delivery terms. The preference for resident vendors as provided in
section thirty-seven, article three, chapter five-a of this code
apply to the competitive bids made pursuant to this section.
(d) (h) The governing boards, Council and Commission shall
maintain a purchase file, which shall be a public record and open
for public inspection. After the award of the order or contract,
the governing boards, Council and Commission shall indicate upon
the successful bid that it was the successful bid and shall further
indicate why bids are rejected and, if the mathematical low vendor
is not awarded the order or contract, the reason therefor. A
record in the purchase file may not be destroyed without the
written consent of the Legislative Auditor. Those files in which
the original documentation has been held for at least one year and
in which the original documents have been reproduced and archived
on microfilm or other equivalent method of duplication may be destroyed without the written consent of the Legislative Auditor.
All files, no matter the storage method, shall be open for
inspection by the Legislative Auditor upon request.
(e) (i) The Commission and Council also jointly shall adopt
rules to prescribe qualifications to be met by any person who is to
be employed as a buyer pursuant to this section. These rules shall
require that a person may not be employed as a buyer unless that
person, at the time of employment, either is:
(1) A graduate of an accredited college or university; or
(2) Has at least four years' experience in purchasing for any
unit of government or for any business, commercial or industrial
enterprise.
(f) (j) Any person making purchases and acquisitions pursuant
to this section shall execute a bond in the penalty of fifty
thousand dollars, payable to the State of West Virginia, with a
corporate bonding or surety company authorized to do business in
this state as surety thereon, in form prescribed by the Attorney
General and conditioned upon the faithful performance of all duties
in accordance with this section and sections five through eight,
inclusive, of this article and the rules of the governing board and
the Council and Commission. In lieu of separate bonds for such
buyers, a blanket surety bond may be obtained. Any such bond shall
be filed with the Secretary of State. The cost of any such bond
shall be paid from funds appropriated to the applicable governing board or the Council or Commission.
(g) (k) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article two,
chapter five-a of this code relating to expenditure schedules and
quarterly allotments of funds. Notwithstanding any other provision
of this code to the contrary, only those purchases exceeding the
dollar amount for competitive sealed bids in this section are
required to be encumbered and they may be entered into the state's
centralized accounting system by the staff of the Commission,
Council or governing boards to satisfy the requirements of article
two, chapter five-a, and specifically sections twenty-six,
twenty-seven and twenty-eight of said article two, to determine
whether the amount of the purchase is within the Commission's,
Council's or governing board's quarterly allotment, is in
accordance with the approved expenditure schedule, and otherwise
conforms to the provisions of article two, chapter five-a of this
code.
(h) (l) The governing boards, Council and Commission may make
requisitions upon the Auditor for a sum to be known as an advance
allowance account, not to exceed five percent of the total of the
appropriations for the governing board, Council or Commission, and
the Auditor shall draw a warrant upon the Treasurer for such
accounts. All advance allowance accounts shall be accounted for by the applicable governing board or the Council or Commission once
every thirty days or more often if required by the State Auditor.
(i) (m) Contracts entered into pursuant to this section shall
be signed by the applicable governing board or the Council or
Commission in the name of the state and shall be approved as to
form by the Attorney General. A contract which requires approval
as to form by the Attorney General is considered approved if the
Attorney General has not responded within fifteen days of
presentation of the contract. A contract or a change order for
that contract and notwithstanding any other provision of this code
to the contrary, associated documents such as performance and
labor/material payments, bonds and certificates of insurance which
use terms and conditions or standardized forms previously approved
by the Attorney General and do not make substantive changes in the
terms and conditions of the contract do not require approval by the
Attorney General. The Attorney General shall make a list of those
changes which he or she
deems considers to be substantive and the
list, and any changes thereto, shall be published in the state
register. A contract that exceeds the dollar amount requiring
competitive sealed bids in this section shall be filed with the
State Auditor. If requested to do so, the governing boards,
Council or Commission shall make all contracts available for
inspection by the State Auditor. The governing board, Council or
Commission, as appropriate, shall prescribe the amount of deposit or bond to be submitted with a bid or contract, if any, and the
amount of deposit or bond to be given for the faithful performance
of a contract.
(j) (n) If the governing board, Council or Commission
purchases or contracts for materials, supplies, equipment, services
and printing contrary to the provisions of sections four through
seven of this article or the rules pursuant thereto, such purchase
or contract is void and of no effect.
(k) (o) Any governing board or the Council or Commission, as
appropriate, may request the Director of purchases to make
available, from time to time, the facilities and services of that
department to the governing boards, Council or Commission in the
purchase and acquisition of materials, supplies, equipment,
services and printing and the Director of purchases shall cooperate
with that governing board, Council or Commission, as appropriate,
in all such purchases and acquisitions upon such request.
(l) (p) Each governing board or the Council or Commission, as
appropriate, shall permit private institutions of higher education
to join as purchasers on purchase contracts for materials,
supplies, services and equipment entered into by that governing
board or the Council or Commission. Any private school desiring to
join as purchasers on such purchase contracts shall file with that
governing board or the Council or Commission an affidavit signed by
the president of the institution of higher education or a designee requesting that it be authorized to join as purchaser on purchase
contracts of that governing board or the Council or Commission, as
appropriate. The private school shall agree that it is bound by
such terms and conditions as that governing board or the Council or
Commission may prescribe and that it will be responsible for
payment directly to the vendor under each purchase contract.
(m) (q) Notwithstanding any other provision of this code to
the contrary, the governing boards, Council and Commission, as
appropriate, may make purchases from cooperative buying groups,
consortia, the federal government or from federal government
contracts if the materials, supplies, services, equipment or
printing to be purchased is available from cooperative buying
groups, consortia, the federal government or from a federal
contract and purchasing from the cooperative buying groups,
consortia, federal government or from a federal government contract
would be the most financially advantageous manner of making the
purchase.
(n) (r) An independent performance audit of all purchasing
functions and duties which are performed at any institution of
higher education,
except Marshall University and West Virginia
University, shall be performed each fiscal year. The Joint
Committee on Government and Finance shall conduct the performance
audit and the governing boards, Council and Commission, as
appropriate, are responsible for paying the cost of the audit from funds appropriated to the governing boards, Council or Commission.
(1) The governing boards of Marshall University and West
Virginia University, respectively, shall provide for independent
performance audits of all purchasing functions and duties on their
campuses at least once in each three-year period.
(2) Each audit shall be inclusive of the entire time period
that has elapsed since the date of the preceding audit.
(3) Copies of all appropriate documents relating to any audit
performed by the governing boards of Marshall University and West
Virginia University shall be furnished to the Joint Committee on
Government and Finance and the Legislative Oversight Commission on
Education Accountability within thirty days of the date the audit
report is completed.
(o) (s) The governing boards shall require each institution
under their respective jurisdictions to notify and inform every
vendor doing business with that institution of the provisions of
section fifty-four, article three, chapter five-a of this code,
also known as the "Prompt Pay Act of 1990."
(p) (t) Consultant services, such as strategic planning
services, may not preclude or inhibit the governing boards, Council
or Commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services.
(q) (u) After the Commission or Council, as appropriate, has granted approval for lease-purchase arrangements by the governing
boards, a governing board may enter into lease-purchase
arrangements for capital improvements, including equipment,
except
the governing boards of Marshall University and West Virginia
University are authorized to enter into lease-purchase arrangements
for the state institutions of higher education known as Marshall
University and West Virginia University without seeking the
approval of the Commission or the Council. Any lease-purchase
arrangement so entered shall constitute a special obligation of the
State of West Virginia. The obligation under a lease-purchase
arrangement so entered may be from any funds legally available to
the institution and must be cancelable at the option of the
governing board or institution at the end of any fiscal year. The
obligation, any assignment or securitization thereof, never
constitutes an indebtedness of the State of West Virginia or any
department, agency or political subdivision thereof, within the
meaning of any constitutional provision or statutory limitation,
and may not be a charge against the general credit or taxing powers
of the state or any political subdivision thereof. Such facts
shall be plainly stated in any lease-purchase agreement. Further,
the lease-purchase agreement shall prohibit assignment or
securitization without consent of the lessee and the approval of
the Attorney General of West Virginia. Proposals for any
arrangement must be requested in accordance with the requirements of this section and any rules or guidelines of the Commission and
Council. In addition, any lease-purchase agreement which exceeds
one hundred thousand dollars total shall be approved by the
Attorney General of West Virginia. The interest component of any
lease-purchase obligation is exempt from all taxation of the State
of West Virginia, except inheritance, estate and transfer taxes.
It is the intent of the Legislature that if the requirements set
forth in the Internal Revenue Code of 1986, as amended, and any
regulations promulgated pursuant thereto are met, the interest
component of any lease-purchase obligation also is exempt from the
gross income of the recipient for purposes of federal income
taxation and may be designated by the governing board or the
president of the institution as a bank-qualified obligation.
(r) (v) Notwithstanding any other provision of this code to
the contrary, the Commission, Council and governing boards have the
authority, in the name of the state, to lease, or offer to lease,
as lessee, any grounds, buildings, office or other space in
accordance with this paragraph and as provided below:
(1) The Commission, Council and governing boards have sole
authority to select and to acquire by contract or lease all
grounds, buildings, office space or other space, the rental of
which is necessarily required by the Commission, Council or
governing boards for the institutions under their jurisdiction.
For state institutions of higher education other than Marshall University and West Virginia University, the chief executive
officer of the Commission, Council or an institution shall certify
the following:
(A) That the grounds, buildings, office space or other space
requested is necessarily required for the proper function of the
Commission, Council or institution;
(B) That the Commission, Council or institution will be
responsible for all rent and other necessary payments in connection
with the contract or lease; and
(C) That satisfactory grounds, buildings, office space or
other space is not available on grounds and in buildings currently
owned or leased by the Commission, Council or the institution.
Before executing any rental contract or lease, the Commission,
Council or a governing board shall determine the fair rental value
for the rental of the requested grounds, buildings, office space or
other space, in the condition in which they exist, and shall
contract for or lease the premises at a price not to exceed the
fair rental value.
(2) The Commission, Council and governing boards are
authorized to enter into long-term agreements for buildings, land
and space for periods longer than one fiscal year but not to exceed
forty years. Any purchase of real estate, any lease-purchase
agreement and any construction of new buildings or other
acquisition of buildings, office space or grounds resulting therefrom, pursuant to the provisions of this subsection shall be
presented by the policy Commission or Council, as appropriate, to
the Joint Committee on Government and Finance for prior review.
Any such lease shall contain, in substance, all the following
provisions:
(A) That the Commission, Council or governing board, as
lessee, has the right to cancel the lease without further
obligation on the part of the lessee upon giving thirty days'
written notice to the lessor at least thirty days prior to the last
day of the succeeding month;
(B) That the lease is considered canceled without further
obligation on the part of the lessee if the Legislature or the
federal government fails to appropriate sufficient funds therefor
or otherwise acts to impair the lease or cause it to be canceled;
and
(C) That the lease is considered renewed for each ensuing
fiscal year during the term of the lease unless it is canceled by
the Commission, Council or governing board before the end of the
then-current fiscal year.
(3) The Commission, Council or institution which is granted
any grounds, buildings, office space or other space leased in
accordance with this section may not order or make permanent
changes of any type thereto, unless the Commission, Council or
governing board, as appropriate, has first determined that the change is necessary for the proper, efficient and economically
sound operation of the institution. For purposes of this section,
a "permanent change" means any addition, alteration, improvement,
remodeling, repair or other change involving the expenditure of
state funds for the installation of any tangible thing which cannot
be economically removed from the grounds, buildings, office space
or other space when vacated by the institution.
(4) Leases and other instruments for grounds, buildings,
office or other space, once approved by the Commission, Council or
governing board, may be signed by the chief executive officer of
the Commission, Council or institution. Any lease or instrument
exceeding one hundred thousand dollars annually shall be approved
as to form by the Attorney General
except any lease or instrument
approved by the governing boards of Marshall University and West
Virginia University, respectively. A lease or other instrument for
grounds, buildings, office or other space that contains a term,
including any options, of more than six months for its fulfillment
shall be filed with the State Auditor.
(5) The Commission and Council jointly may promulgate rules
they consider necessary to carry out the provisions of this
section.
The governing boards of Marshall University and West
Virginia University shall promulgate rules pursuant to section six,
article one of this chapter to implement the provisions of this
section.
(s) (w) Purchasing card use may be expanded by the Council,
Commission and state institutions of higher education pursuant to
the provisions of this subsection.
(1) The Council and Commission jointly shall establish
procedures to be implemented by the Council, Commission and any
institution under their respective jurisdictions using purchasing
cards. The procedures shall ensure that each maintains:
(A) Appropriate use of the purchasing card system;
(B) Full compliance with the provisions of article three,
chapter twelve of this code relating to the purchasing card
program; and
(C) Sufficient accounting and auditing procedures for all
purchasing card transactions.
(2) By the first day of November, two thousand four, the
Council and Commission jointly shall present the procedures to the
Legislative Oversight Commission on Education Accountability for
its adoption.
(3) Notwithstanding any other provision of this code to the
contrary, if the Legislative Oversight Commission on Education
Accountability adopts the procedures, the Council, Commission, and
any institution authorized pursuant to subdivision (4) of this
subsection, may use purchasing cards for:
(A) Travel expenses directly related to the job duties of the
traveling employee, including fuel and food; and
(B) Any routine, regularly-scheduled payment, including, but
not limited to, utility payments and real property rental fees.
The Council, Commission and each institution annually by the
thirtieth day of June, shall provide to the State Purchasing
Division a list of all goods or services for which payment was made
pursuant to this provision during that fiscal year.
(4) The Commission and Council each shall evaluate the
capacity of each institution under its jurisdiction for complying
with the procedures established pursuant to subdivision (3) of this
subsection. The Commission and Council each shall authorize
expanded use of purchasing cards pursuant to said subdivision (3)
for any such institution it determines has the capacity to comply.
§18B-5-7. Disposition of obsolete and unusable equipment, surplus
supplies and other unneeded materials.
(a) The Commission,
the Council and the governing boards shall
dispose of obsolete and unusable equipment, surplus supplies and
other unneeded materials, either by transfer to other governmental
agencies or institutions, by exchange or trade, or by sale as junk
or otherwise. The commission,
the Council and each governing board
shall adopt rules governing and controlling the disposition of all
such equipment, supplies and materials.
(1) At least ten days prior to the disposition, the
Commission,
the Council or the governing boards, as applicable,
shall advertise, by newspaper publication as a Class II legal advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, in the county in which the
equipment, supplies and materials are located the availability or
sales of such disposable equipment, supplies and materials.
(2) The Commission,
the Council or governing boards, as
applicable, may sell the disposable equipment, supplies and
materials, in whole or in part, at public auction or by sealed bid,
or may transfer, exchange or trade the same to other governmental
agencies or institutions (if by transfer, exchange or trade, then
without advertising), in whole or in part, as sound business
practices may warrant under existing circumstances and conditions.
(3) The requirements set forth in subsection (a) of this
section, apply to Marshall University and West Virginia University
relating only to those items of obsolete and unusable equipment,
surplus supplies and other unneeded materials that exceed five
thousand dollars in recorded net book value. Marshall University
and West Virginia University may dispose of obsolete and unusable
computers and computer-related equipment pursuant to the provisions
of section two, article three of this chapter.
(b) The Commission,
Council or governing board, as
appropriate,
except for Marshall University and West Virginia
University, shall report
semiannually annually to the Legislative
Auditor, all sales of commodities made during the preceding six
months.
(1) The report shall include a description of the commodities
sold, the name of the buyer to whom each commodity was sold, and
the price paid by the buyer.
(2) Marshall University and West Virginia University shall
report biannually to the Legislative Auditor the total sales of
commodities made during the preceding biennium along with the total
recorded net book value of such commodities.
(c) The proceeds of sales or transfers shall be deposited in
the State Treasury to the credit on a pro rata basis of the fund or
funds from which the purchase of the particular commodities or
expendable commodities was made. The Commission,
Council or
governing board, as appropriate, may charge and assess fees
reasonably related to the costs of care and handling with respect
to the transfer, warehousing, sale and distribution of state
property that is disposed of or sold pursuant to the provisions of
this section.
§18B-5-9. Higher education fiscal responsibility.
(a) The governing boards of Marshall University and West
Virginia University each shall ensure the fiscal integrity of its
operations using best business and management practices.
(1) The practices include at least the following:
(A) Complying with Generally Accepted Accounting Principles of
the Governmental Accounting Standards Board (GAAP); and the
Generally Accepted Government Auditing Standards of the Government Accountability Office (GAGAS);
(B) Operating without material weakness in internal controls
as defined by GAAP, GAGAS and, where applicable, the Office of
Management and Budget (OMB) Circular A-133;
(C) Maintaining annual audited financial statements with an
unqualified opinion;
(D) Presenting annual audited financial statements to the
respective governing board;
(E) Maintaining quarterly financial statements certified by
the chief financial officer of the institution; and
(F) Implementing best practices from Sarbanes-Oxley, or
adopting the applicable tenets of Sarbanes-Oxley as best practices.
(2) Marshall University, West Virginia University and the
research corporation of each:
(A) Shall comply with the OMB Circular A-133 annual grant
award audit requirements; and
(B) Is exempt from the provisions of section fourteen, article
four, chapter twelve of this code.
(3) Within thirty days of the completion of the financial
audit report, the governing boards of Marshall University and West
Virginia University each shall furnish to the Commission, the
Legislative Oversight Commission on Education Accountability, and
the Joint Committee on Government and Finance copies of the annual
audited financial statements.
(a) (b) The Commission
or Council, as appropriate shall ensure
the fiscal integrity of any electronic process conducted at its
offices
or at any institution and at all other institutions using
best business and management practices.
(b) (c) Marshall University, West Virginia University, the
Council and the Commission
each shall implement a process whereby,
to the maximum extent practicable, employees of
Marshall
University, West Virginia University, the
Council, Commission and
any state institution all other state institutions of higher
education receive their wages via electronic transfer or direct
deposit.
(c) (d) Notwithstanding the provisions of section ten-a,
article three, chapter twelve of this code,
and except as otherwise
provided in this subsection, the amount of any purchase made with
a purchasing card used by
the Council, the Commission or any other
institution
of higher education may not exceed five thousand
dollars.
(1) Subject to approval of the
purchasing division of the
department of administration auditor, any emergency payment and any
routine, regularly-scheduled payment, including, but not limited
to, utility payments,
contracts and real property rental fees may
exceed this
amount limit
by an amount to be determined by the
auditor.
(2) The
Council, Commission
or and any
state institution
of higher education may use a purchasing card for travel expenses
directly related to the job duties of the traveling employee.
Where approved by the auditor, such expenses may exceed five
thousand dollars by an amount to be determined by the auditor.
Traveling expenses may include registration fees and airline and
other transportation reservations, if approved by the
administrative head president of the institution.
For the
governing boards of Marshall University and West Virginia
University, traveling expenses may
not include fuel
or and food
purchases.
(3) The state institutions known as Marshall University and
West Virginia University each shall maintain one purchasing card
for use only in a situation declared an emergency by the
institution's president. The
Council, Commission and
each
institution all other institutions shall maintain one purchase card
for use only in
and for situations a situation declared an
emergency by the president of the institution and approved by the
appropriate chancellor.
Such Emergencies may include, but are not
limed to, partial or total destruction of a campus facility; loss
of a critical component of utility infrastructure; heating,
ventilation or air condition failure in an essential academic
building; loss of campus road, parking lot or campus entrance; or
a local, regional, or national emergency situation that has a
direct impact on the campus.
(d) (e) Notwithstanding the provisions of section ten-f,
article three, chapter twelve of this code, or any other provision
of this code or law to the contrary,
by the thirtieth day of June,
two thousand four the auditor shall accept any receiving report
submitted in a format utilizing electronic media.
and from the
effective date of this section The auditor shall conduct any audit
or investigation
of the
Council, Commission or any institution at
its own expense and at no cost to the
Council, Commission or
institution.
(e) The Legislature finds that an emergency exists, and,
therefore, by the first day of July, two thousand three
(f) The Council and the commission shall file an emergency the
Commission each shall maintain a legislative rule in accordance
with the provisions of article three-a, chapter twenty-nine-a of
this code. The rule shall provide for institutions individually or
cooperatively to maximize their use of any of the following
purchasing practices that are determined to provide a financial
advantage:
(1) Bulk purchasing;
(2) Reverse bidding;
(3) Electronic marketplaces; and
(4) Electronic remitting.
(f) (g) Each institution shall establish a consortium with at
least one other institution in the most cost-efficient manner feasible, to consolidate the following operations and student
services:
(1) Payroll operations;
(2) Human resources operations;
(3) Warehousing operations;
(4) Financial transactions;
(5) Student financial aid application, processing and
disbursement;
(6) Standard and bulk purchasing; and
(7) Any other operation or service appropriate for
consolidation as determined by the
Council or Commission.
(g) (h) An institution may charge a fee to each institution
for which it provides a service or performs an operation. The fee
rate shall be in the best interest of both the institution being
served and the providing institution, as approved by the
Council
and Commission.
(h) (i) Any community and technical college, college and
university may provide the services authorized by this section for
the benefit of any governmental body or public or private
institution.
(i) Commencing with the two thousand four fall academic term
(j) Each institution shall
reduce strive to minimize its
number of low-enrollment sections of introductory courses. To the
maximum extent practicable, institutions shall use distance learning to consolidate the course sections.
Marshall University,
West Virginia University, the
Council and Commission shall report
the progress of
the reduction to reductions as requested by the
legislative oversight commission on education accountability.
by
the first day of December, two thousand four
(j) (k) An institution shall use its natural resources and
alternative fuel resources to the maximum extent feasible. The
institution:
(1) May supply the resources for its own use and for use by
any other institution;
The institution
(2) May supply the resources to the general public at fair
market value;
An institution
(3) Shall maximize all federal or grant funds available for
research regarding alternative energy sources; and
(4) May develop research parks to further the purpose of this
section and to expand the economic development opportunities in the
state.
(k) (l) Any cost-savings realized or fee procured or retained
by an institution pursuant to implementation of the provisions of
this section
shall be is retained by the institution.
(l) In assuring the fiscal integrity of processes implemented
under this section, at a minimum, the commission has the following
responsibilities:
(1) To conduct a performance audit of the policies, procedures and results of the procurement of goods and service by the state
institutions of higher education;
(2) To make progress reports on the implementation of this
section to the Legislative Oversight Commission on Education
Accountability throughout the two thousand three interim meetings
period;
(3) To make a comprehensive report to the legislative
oversight commission on education accountability by the first day
of December, two thousand three, on the result of the performance
audit, together with any recommendations for additional actions
that might be taken to improve the efficiency, effectiveness and
economy of the administrative operations of the state institution
of higher education, and the commission.
(m) The provisions of subsection (b) of this section do not
apply to the state institutions known as Marshall University and
West Virginia University. Each is authorized but not required to
comply with the provisions of subsections (f), (g) and (h) of this
section.
(1) Each governing board shall promulgate a rule on purchasing
procedures pursuant to the provisions of section six, article one
of this chapter. Neither institution is subject to the rules
required by said subsection (f).
(2) If either governing board elects to implement the
provisions of said subsection (g), the following conditions apply:
(A) The governing board makes the determination regarding any
additional operation or service which is appropriate for
consolidation without input from the Council or Commission;
(B) The governing board sets the fee charged to any
institution for which it provides a service or performs an
operation. The fee rate shall be in the best interest of both the
institution being served and the providing institution, but it is
not subject to approval by the Council or Commission; and
(C) The governing board may not implement the provisions of
this subdivision in a manner which supercedes the requirements
established in section twelve, article three-c of this chapter.
(m) The Commission shall report annually to the Legislative
Oversight Commission on Education Accountability regarding any
savings achieved by implementing the provisions of this section.
§18B-5-10. Legislative findings; study of insurance and risk
management plans by Joint Committee on Government
and Finance; report.
(a) The Legislature finds that, while recent reforms have
helped to address the rising costs and limited availability of
medical malpractice and risk management insurance in West Virginia,
the state's doctoral-granting research universities and their
medical schools continue to face significant challenges related to
the cost and operation of insurance and risk management programs.
(b) The Legislature further finds that the availability of cost-efficient insurance and risk management programs is essential
to the long-term financial integrity and viability of these
universities and their medical and other health professional
schools.
(c) It is the responsibility of the Legislature to make the
best use of available resources and to assure the availability of
high quality medical education to meet the needs of the citizens of
the state. Therefore, the Joint Committee on Government and
Finance shall authorize a study for the purpose of making specific
and detailed recommendations to the Legislature. The study shall
include, but is not limited to, the following:
(1) Analyzing the legality and feasibility of authorizing the
state's doctoral-granting research universities and their medical
and other health professional schools to participate in a self-
insurance or a private insurance plan and evaluating the financial
impact on the state's risk and insurance management programs; and
(2) Collecting and analyzing data in the following areas:
(A) The number of physicians at the state's doctoral-granting
research universities and their medical and other health
professional schools who are insured through Board of Risk and
Insurance Management programs; and
(B) For physicians who are covered by Board of Risk and
Insurance Management programs, determining the number who are
employed by the state; the number employed by each university, and the number who are adjunct teaching faculty.
(d) The Joint Committee on Government and Finance shall report
to the regular session of the Legislature, two thousand six, on its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations and
shall make copies of its findings, conclusions, and recommendations
available to the Governor and to the Legislative Oversight
Commission on Education Accountability.
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 system-wide 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 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 Marshall University and
West Virginia University requires the approval of the Commission or
Council, as appropriate. In determining whether to approve or
disapprove 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) Is implementing the efficiency measures required by
section nine, article five of this chapter;
(E) (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;
(F) (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
(G) (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.
(2) (6) This section does not require equal increases among
institutions or require any level of increase at an institution.
(3) (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
(1) (5) of this subsection.
(4) For fiscal year two thousand five only, a governing board
of any institution under the jurisdiction of the Commission may
increase tuition and fees for undergraduate resident students by
one and one-half percent greater than the amount authorized by the
Commission pursuant to the provisions of this section.
(m) The amount of fees assessed immediately prior to the
effective date of this act under the provisions of this article
relating to a higher education resource fee, a faculty improvement
fee, a medical education fee, a health professions fee and a
student activities fee are included in the appropriate tuition or
fees classifications established under subsection (a) of this
section.
§18B-10-5. Fee waivers -- Undergraduate schools.
Each governing board periodically may establish fee waivers
for students in undergraduate studies at institutions under its
jurisdiction entitling recipients to waiver of tuition, capital and
other fees subject to the following conditions and limitations:
(a)
Undergraduate fee waivers established by the governing
boards of Marshall University and West Virginia University,
respectively, for the state institutions of higher education known
as Marshall University and West Virginia University, are subject to
the provisions of section six-a, article ten of this chapter;
(b) For the governing boards of A state
institution
institutions of higher education
other than the state institutions
of higher education known as Marshall University and West Virginia
University, the following conditions apply:
(1) An institution may not have in effect at any time a number
of undergraduate fee waivers which exceeds five percent of the
number of full-time equivalent undergraduate students registered
during the fall semester of the immediately preceding academic
year.
(b) (2) Each undergraduate fee waiver entitles the recipient
thereof to attend a designated state institution of higher
education without payment of the tuition, capital and other fees
as may be prescribed by the governing board and is for a period of
time not to exceed eight semesters of undergraduate study.
(c) (3) The governing board shall make rules
pursuant to the
provisions of section six, article one of this chapter, governing
the award of undergraduate fee waivers; the issuance and
cancellation of certificates entitling the recipients to the
benefits thereof; the use of the fee waivers by the recipients; and
the rights and duties of the recipients with respect to the fee
waivers. These rules may not be inconsistent with the provisions
of this section.
(d) (4) The awarding of undergraduate fee waivers shall be
entered in the minutes of the meetings of the governing board.
(e) (5) Students enrolled in an administratively-linked
community and technical college shall be awarded a proportionate
share of the total number of undergraduate fee waivers awarded by
a governing board. The number to be awarded to students of the
community and technical college is based upon the full-time
equivalent enrollment of that institution.
§18B-10-6. Fee waivers - Professional and graduate schools.
In addition to the fee waivers authorized for undergraduate
study by the provisions of section five of this article, each
governing board periodically may establish fee waivers for study in
graduate and professional schools under its jurisdiction, including
medicine and dentistry, entitling the recipients to waiver of
tuition, capital, and other fees, subject to the following
conditions and limitations:
(a)
West Virginia University may not have in effect at any
time graduate and professional school fee waivers in a number which
exceeds ten percent of the number of full-time equivalent graduate
and professional students registered during the corresponding fall
semester, spring semester and summer term of the immediately
preceding academic year. In addition to the above ten percent, all
graduate assistants employed by West Virginia university shall be
granted a fee waiver. Graduate and professional fee waivers
established by the governing boards of Marshall University and West
Virginia University, respectively, are subject to the provisions of
section six-a, article ten of this chapter;
(b) For the governing boards of state institutions of higher
education other than
Marshall University and West Virginia
University
the following conditions apply:
(1) An institution may not have in effect at any time a number
of graduate and professional school fee waivers which exceeds five
percent of the number of full-time equivalent graduate and
professional students registered during the corresponding fall
semester, spring semester and summer term of the immediately
preceding academic year. In addition to the above five percent,
all graduate assistants employed by these institutions shall be
granted a fee waiver.
(c) (2) Each graduate or professional school fee waiver
entitles the recipient to waiver of the tuition, capital, and other fees as may be prescribed by the governing boards and is for a
period of time not to exceed the number of semesters normally
required in the recipient's academic discipline.
(d) (3) The governing boards shall make rules
pursuant to the
provisions of section six, article one of this chapter, governing
the award of graduate and professional school fee waivers; the
issuance and cancellation of certificates entitling the recipients
to the benefits thereof; the use of the fee waivers by the
recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(e) (4) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each
governing board.
§18B-10-6a. Undergraduate, graduate and professional fee waivers
- Marshall University and West Virginia University.
(a) Undergraduate fee waivers.
(1) The governing boards of Marshall University and West
Virginia University, respectively, may establish fee waivers for
students in undergraduate studies at institutions under their
jurisdiction which entitle recipients to waiver of tuition, capital
and other fees, in whole or in part.
(2) Each undergraduate fee waiver is for a period of time not
to exceed eight semesters of undergraduate study.
(3) Each governing board shall promulgate rules pursuant to
the provisions of section six, article one of this chapter to
govern the award of undergraduate fee waivers; the issuance and
cancellation of certificates entitling the recipients to the
benefits thereof; the use of the fee waivers by the recipients; and
the rights and duties of the recipients with respect to the fee
waivers. These rules may not be inconsistent with the provisions
of this section.
(4) The awarding of undergraduate fee waivers shall be entered
in the minutes of the meetings of the governing board.
(5) Students enrolled in an administratively-linked community
and technical college shall be awarded a proportionate share of the
total number of undergraduate fee waivers awarded by a governing
board. The number to be awarded to students of the community and
technical college is based upon the full-time equivalent enrollment
of that institution.
(b) Graduate and professional school fee waivers.
(1) In addition to the fee waivers authorized for
undergraduate study by subsection (a) of this section, the
governing boards of Marshall University and West Virginia
University, respectively, may establish fee waivers for study in
graduate and professional schools under its jurisdiction, including
medicine and dentistry, which entitle the recipients to waiver of
tuition, capital, and other fees, in whole or in part.
(2) Each graduate or professional school fee waiver entitles
the recipient to waiver of the tuition, capital, and other fees, in
whole or in part, as may be prescribed by the governing boards and
is for a period of time not to exceed the number of semesters
normally required in the recipient's academic discipline.
(3) The governing boards shall promulgate rules pursuant to
the provisions of section six, article one of this chapter,
governing the award of graduate and professional school fee
waivers; the issuance and cancellation of certificates entitling
the recipients to the benefits thereof; the use of the fee waivers
by the recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each
governing board.
ARTICLE 11. MISCELLANEOUS INSTITUTES AND CENTERS.
§18B-11-7. Regional Brownfield Assistance Centers.
(a) For the purposes of this section, "eligible entities"
means government entities as defined by the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended, at 42 U.S.C. 9604 or nonprofit organizations as defined by
the Federal Financial Assistance Management Improvement Act at 31
U.S.C. 6101.
(b) Marshall University and West Virginia University each
shall establish a nonprofit Regional Brownfield Assistance Center
in accordance with the provisions of article twelve of this chapter
for the purposes of expediting the redevelopment of Brownfield
sites. The Centers shall provide assistance to eligible entities
on state and federal Brownfield programs, secure state and federal
funding for Brownfield redevelopment, and acquire property eligible
for state and federal Brownfield assistance.
(b) The Center established by Marshall University serves the
following counties:
(1) McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming;
(2) Cabell, Lincoln, Logan, Mason, Mingo and Wayne;
(3) Boone, Clay, Kanawha and Putnam; and
(4) Braxton, Fayette, Greenbrier, Nicholas, Pocahontas and
Webster.
(c) The Center established by West Virginia University serves
the following counties:
(1) Calhoun, Jackson, Pleasants, Ritchie, Roane, Tyler, Wirt
and Wood;
(2) Brooke, Hancock, Marshall, Ohio and Wetzel;
(3) Barbour, Doddridge, Gilmer, Harrison, Lewis, Marion,
Monongalia, Preston, Randolph, Taylor, Tucker and Upshur; and
(4) Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral,
Morgan and Pendleton.
(d) To accomplish the purposes of this section, the Regional
Brownfield Assistance Centers each have powers and duties
including, but not limited to, the following:
(1) Acquiring property that is eligible for state and federal
Brownfield assistance pursuant to the Small Business Liability
Relief and Brownfields Revitalization Act (Public Law No. 107-118,
185 stat. 2356) and the West Virginia Voluntary Remediation and
Redevelopment Act established in article twenty-two, chapter
twenty-two of this code;
(2) Serving as the developer of the property for the purposes
of managing and coordinating remediation and redevelopment
activities;
(3) Preparing an inventory of Brownfield sites within their
respective geographic regions by the first day of July, two
thousand six, and updating the inventory of sites on an annual
basis;
(4) Promoting and coordinating the development of Brownfield
property by providing training and technical assistance on
Brownfield development, grant writing, site assessments,
remediation, community involvement and site preparation to eligible
entities;
(5) Administering federal Brownfield Job Training Grants, the
Brownfields Revolving Fund, and other federal Brownfield financial
assistance programs to assist eligible entities in their Brownfield development efforts;
(6) Coordinating efforts to secure federal Brownfield funding
by establishing priority rankings and by other necessary measures
to maximize federal financial assistance and eliminate overlapping
competition for federal dollars;
(7) Coordinating the development and publication by the first
day of July, two thousand six, of a website to provide education
and appropriate information on Brownfields development in West
Virginia; and
(8) Coordinating with the West Virginia Development Office and
the Department of Environmental Protection to establish and track
key Brownfield economic statistics and conduct Brownfield
conferences, as appropriate.
ARTICLE 14. MISCELLANEOUS.
§18B-14-12. Legislative findings; creation of Governor's
Commission on Graduate Study in Science,
Technology, Engineering, and Mathematics;
membership; report.
(a) The Legislature finds that West Virginia ranks below most
other states on key indicators of scientific and technical
capacity, including the number of scientists and engineers who hold
doctoral degrees, the number of science and engineering post-
doctorates, and the number of science and engineering graduate
students.
(b) The Legislature further finds that this lack of scientific
and technical capacity places the state at a competitive
disadvantage to other states in terms of generating economic
development and winning research grants, as evidenced by limited
amounts of academic research and development funding, industrial
research and development, small business innovation grant awards,
technology-related start-up companies, and the low number of high-
tech jobs.
(c) To address these findings, there is created the
Governor's Commission on Graduate Study in Science, Technology,
Engineering and Mathematics, which may be cited as the STEM
Commission, to address issues which include, but are not limited
to, the following:
(1) Promoting coordination between higher education and K-12
education to create a seamless system of science and mathematics
education and improve science and mathematics education at all
levels;
(2) Increasing the number of graduate students and post-
doctorates in science, technology, engineering and mathematics,
including the number of women and minority graduate students in
these fields;
(3) Increasing the number of West Virginia undergraduate and
graduate students who receive nationally-competitive scholarships
and fellowships in science, technology, engineering and mathematics, such as Goldwater, Howard Hughes, National Science
Foundation and Udall Fellowships;
(4) Improving the quality of graduate faculty and programs in
science, technology, engineering and mathematics;
(5) Aligning graduate programs in science, technology,
engineering and mathematics with the goals and objectives of the
State EPSCoR Program, the State Science and Technology Advisory
Council, the West Virginia Development Office, and the Doctoral
Scholars Program of the Southern Regional Education Board; and
(6) Increasing the quantity and enhancing the quality of
academic research, as measured by federal and external expenditures
for research and development.
(d) STEM Commission membership.
(1) The Commission is comprised of fourteen members selected
as follows:
(A) The Governor or designee, who serves as Chair;
(B) The Chancellor for the Higher Education Policy Commission;
(C) The Director of Academic Affairs of the Higher Education
Policy Commission;
(D) The Executive Director of the State EPSCoR Program;
(E) The Executive Director of the West Virginia Development
Office or designee;
(F) The provosts of Marshall University and West Virginia
University or their designees;
(G) Five members appointed by the Governor who represent
academic, business and research interests; and
(H) The Chair of the House of Delegates' Committee on
Education and the Chair of the West Virginia Senate's Committee on
Education as ex officio, nonvoting members who serve in an advisory
capacity.
(2) At least two of the Governor's appointees are state
residents.
(3) The Governor shall make appointments to the Commission so
that members may begin their deliberations no later than the first
day of July, two thousand five.
(e) The Commission shall complete its work and report its
findings, conclusions, and recommendations, together with drafts of
any legislation necessary to effectuate the recommendations, to the
Legislative Oversight Commission on Education Accountability, the
Higher Education Policy Commission, and the State EPSCoR Advisory
Council by the first day of December, two thousand five.
NOTE: The purpose of this bill is to provide flexibility
measures for West Virginia University and Marshall University.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Article three of Chapter 18B has been rewritten; therefore,
strike-throughs and underscoring have been omitted.
§18B-2B-9 was formerly codified as §18-3-5; therefore
strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates new language that would be
added.