Senate Bill No. 657
(By Senator Plymale)
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[Introduced February 23, 2004; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to repeal §18B-1A-8 of the code of West Virginia, 1931, as
amended; to repeal §18B-1B-7 of said code; to repeal §18B-4-1
of said code; to amend and reenact §18B-1-1, §18B-1-2,
§18B-1-3 and §18B-1-6 of said code; to amend and reenact
§18B-1A-2, §18B-1A-4 and §18B-1A-5 of said code; to amend and
reenact §18B-1B-1, §18B-1B-2, §18B-1B-4, §18B-1B-5 and
§18B-1B-6 of said code; to amend and reenact §18B-2A-1,
§18B-2A-3 and §18B-2A-4 of said code; to amend said code by
adding thereto two new sections, designated §18B-2A-6 and
§18B-2A-7; to amend and reenact §18B-2B-2, §18B-2B-4,
§18B-2B-6 and §18B-2B-7 of said code; to amend and reenact
§18B-2C-3 and §18B-2C-4 of said code; to amend and reenact
§18B-3C-2, §18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6,
§18B-3C-8, §18B-3C-9, §18B-3C-10 and §18B-3C-12 of said code;
to amend and reenact §18B-4-2 of said code; to amend and
reenact §18B-6-1 of said code; to amend said code by adding thereto a new section, designated §18B-7-12; to amend and
reenact §18B-9-1 and §18B-9-2 of said code; and to amend and
reenact §18C-1-1 of said code, all relating to education
generally; higher education governance; post-secondary
education; creating multicampus universities and designating
branch campuses; creating a system of community and technical
colleges and designating institutions within the system;
clarifying the role of the higher education policy commission
and the West Virginia council on community and technical
colleges; providing definitions; providing for transfer of
rules to council and certain governing boards; setting limits
on commission's rule-making authority; granting rule-making
authority to council and university governing boards in
certain instances; requiring promulgation of rule on rules;
clarifying responsibility for developing and approving
institutional compacts and master plans; requiring university
governing boards to develop plan for centers of excellence and
incorporate plans in compacts and master plans; requiring
council and certain governing boards to establish benchmarks
and indicators by legislative rule and providing for filing
emergency rules; clarifying contents of rules; providing
authority for council to determine sufficiency of funds to
meet goals of institutional compacts and make recommendations;
requiring council and university governing boards to develop
annual budget for institutions under their jurisdiction; clarifying authority to allocate certain higher education
incentive funds; deleting or limiting certain powers of the
commission; authorizing university governing boards to
establish research advisory councils; specifying that all
governance issues not assigned to the commission or the
council are the responsibility of the governing boards;
clarifying membership, eligibility and terms of office for
commission members; adding executive director of the council
to commission membership; clarifying powers and duties of
commission and council; specifying authority of commission
over capital projects; clarifying budget authority of
commission; authorizing council and university governing
boards to make appointments to boards and commissions;
directing council and university governing boards to develop
rules on personnel administration and tuition and fee policy;
providing for development and approval of institutional
operating budgets, allocation of resources and distribution of
incentive funds; providing for licensing and oversight of
certain types of post-secondary institutions; clarifying
employee titles and designating chief executive officers of
commission and council as executive directors; requiring
commission to employ an executive director; adding
qualifications for position of executive director of
commission; removing authority from commission to employ vice
chancellor of community and technical college education and workforce development; providing for commission to employ
senior administrator by date certain; providing for council to
advise and consent in employment of senior administrator;
removing reference to vice chancellor for state colleges;
providing for appointment and evaluation of administrative
heads of institutions; providing for appointment of
chancellors by university governing boards; designating
baccalaureate institutions as university branch campuses;
providing for advisory boards at branch campuses; clarifying
status of regional campuses; providing for governing boards at
universities and community and technical colleges; specifying
membership on governing boards; specifying authority of
commission over governing boards and clarifying relationship
with state board of education; authorizing commission to
facilitate agreement among council and governing boards on
selection of teacher education accreditation standard;
specifying reporting requirements for commission, council and
governing boards; authorizing university governing boards to
acquire legal services; providing powers and duties specific
to university governing boards; directing certain university
governing boards to create centers of excellence at branch
campuses; requiring meeting by date certain, development and
submission of strategic plans; authorizing contractual
agreements; directing redefinition of certain mission and
budget priorities; requiring council to employ an executive director and establishing employment conditions; providing for
maintenance of employee benefits; clarifying membership,
eligibility and terms of office for council members and
elected officers; increasing number of council members;
providing powers and duties specific to the council; making
the council accountable to governor and Legislature for
advancing public policy agenda for community and technical
colleges and requiring reports and recommendations; requiring
guidelines for capital projects; authorizing council to make
decisions on tuition and fee increases at certain
institutions; requiring certain institutions to obtain consent
of council when appointing presidents; requiring council to
propose rule on allocation of federal vocational education
funds and requiring prior agreement of state board of
education; providing general powers and duties in relation to
vocational education; authorizing council to withdraw powers
of certain governing boards; providing conditions and
limitations; setting out powers and duties of executive
director of council; providing for staff support for council;
directing that no employee be terminated as result of
governance changes until a date certain; authorizing council
to create West Virginia community and technical college;
providing conditions, requirements and purposes; requiring
community and technical colleges to become independently
accredited by date certain; authorizing governing boards of community and technical colleges to appoint presidents of
institutions; creating community and technical college
consortia planning districts; designating a community and
technical college as facilitator in each district; providing
for cooperation and collaboration among public and private
institutions within a consortia planning district; requiring
council to develop guidelines for consortia planning
districts; clarifying terms in community and technical college
education; clarifying status and designations of
administratively linked community and technical colleges;
requiring that contracts for service between administratively
linked community and technical colleges and sponsoring
institutions be approved by the council; creating advantage
valley community and technical college; integrating certain
community and technical colleges into advantage valley
community and technical college by date certain; requiring
council to file rules on community and technical college
flexibility; clarifying tuition and fees requirements for
community and technical colleges; clarifying relationship
between administratively linked community and technical
colleges and sponsoring institutions; providing for transfer
of certain employees to jurisdiction of commission; clarifying
supervision of commission employees and clarifying powers and
duties of senior administration; providing for boards of
advisors at branch campuses on date certain; clarifying membership, eligibility and terms of office for advisory
boards; clarifying powers and duties of advisory boards;
requiring commission, council and university governing boards
to manage personnel functions by certain date; and clarifying
personnel classification terms.
Be it enacted by the Legislature of West Virginia:
That §18B-1A-8 of the code of West Virginia, 1931, as amended,
be repealed; that §18B-1B-7 of said code be repealed; that §18B-4-1
of said code be repealed; that §18B-1-1, §18B-1-2, §18B-1-3 and
§18B-1-6 of said code be amended and reenacted; that §18B-1A-2,
§18B-1A-4 and §18B-1A-5 of said code be amended and reenacted; that
§18B-1B-1, §18B-1B-2, §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said
code be amended and reenacted; that §18B-2A-1, §18B-2A-3 and
§18B-2A-4 of said code be amended and reenacted; that said code be
amended by adding thereto two new sections, designated §18B-2A-6
and §18B-2A-7; that §18B-2B-2, §18B-2B-4, §18B-2B-6 and §18B-2B-7
of said code be amended and reenacted; that §18B-2C-3 and §18B-2C-4
of said code be amended and reenacted; that §18B-3C-2, §18B-3C-3,
§18B-3C-4, §18B-3C-5, §18B-3C-6, §18B-3C-8, §18B-3C-9, §18B-3C-10
and §18B-3C-12 of said code be amended and reenacted; that §18B-4-2
of said code be amended and reenacted; that §18B-6-1 of said code
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §18B-7-12; that §18B-9-1 and
§18B-9-2 of said code be amended and reenacted; and that §18C-1-1
of said code be amended and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1. Legislative purpose; findings; higher education
governance structure.
(a) The purpose of the Legislature in the enactment of this
article is to establish a governance structure for state
institutions of higher education that will allow and encourage them
to contribute fully to the economic and social advancement of the
people of West Virginia. The Legislature finds that this
governance structure promotes better access to graduate education
and community and technical college education in all regions of the
state, provides an opportunity to create centers of excellence at
each baccalaureate institution, promotes cost savings through
shared resources, creates two university systems that are stronger,
more competitive, and better able to attract public and private
funds and explore research possibilities because of the broad range
of faculty and staff expertise and the availability of shared
resources.
(b) Therefore, notwithstanding any other provision of this
code to the contrary, effective the first day of July, two thousand
five, the system of public higher education is constituted as
follows:
(1) Marshall University, an independently-accredited,
multi-institutional university, having its main campus at Huntington and having branch campuses consisting of Bluefield state
college of Marshall university, formerly Bluefield state college;
Concord college of Marshall university, formerly Concord college;
Marshall university institute of technology, formerly West Virginia
university institute of technology; and West Virginia state college
of Marshall university, formerly West Virginia state college. The
university is under the jurisdiction of a consolidated governing
board with a broad range of authority over its constituent
institutions;
(2) West Virginia university, an independently-accredited,
multi-institutional land grant university, having its main campus
at Morgantown and having branch campuses consisting of Fairmont
state college of West Virginia university, formerly Fairmont state
college; Glenville state college of West Virginia university,
formerly Glenville state college; Potomac state campus of West
Virginia university, formerly Potomac state college; Shepherd
college of West Virginia university, formerly Shepherd college; and
West Liberty state college of West Virginia university, formerly
West Liberty state college. The university is under the
jurisdiction of a consolidated governing board with a broad range
of authority over its constituent institutions;
(3) The West Virginia school of osteopathic medicine under the
jurisdiction of its independent governing board;
(4) The state system of independently-accredited community and
technical colleges, each with an institutional board of governors, consisting of:
(A) Southern West Virginia community and technical college,
West Virginia northern community and technical college and eastern
West Virginia community and technical college, all as defined in
section two, article one of this chapter;
(B) West Virginia university at Parkersburg, which is
administratively linked to West Virginia university; advantage
valley community and technical college, administratively linked to
Marshall university, consisting of the community and technical
colleges formerly known as Marshall university community and
technical college, West Virginia university institute of technology
community and technical college and West Virginia state community
and technical college; New River community and technical college,
which is administratively linked to Bluefield state college of
Marshall university; Shenandoah community and technical college,
which is administratively linked to Shepherd college of West
Virginia university, formerly Shepherd community and technical
college; and North central West Virginia community and technical
college, which is administratively linked to Fairmont state college
of West Virginia university, formerly Fairmont state community and
technical college;
(5) The higher education policy commission, a state-level
coordinating board with limited regulatory functions, exercising
the powers and duties prescribed in article one-b of this chapter
in relation to public institutions of higher education which offer primarily baccalaureate, master's and doctoral level education
programs. The commission has specific responsibility for
advocating for public higher education at the state level and for
collecting data, researching and advising policymakers on broad
policy initiatives and incentive funding, on general issues in
public higher education, and on issues of resource allocation
involving multiple governing boards; and
(6) The West Virginia council for community and technical
college education, a state-level coordinating board with limited
regulatory functions, exercising the powers and duties prescribed
in articles two-b and two-c of this chapter in relation to public
institutions of higher education which offer
primarily community
and technical college education
and work force development programs
as defined in section two, article one of this chapter. The
council has specific responsibility for advocating for community
and technical college education at the state level and for
collecting data, conducting research and advising policymakers on
statewide community and technical college education and work force
development initiatives and incentive funding, on general issues in
public community and technical college education and work force
development and on issues of resource allocation involving multiple
governing boards.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter eighteen-c of this code have the meaning hereinafter ascribed to
them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand five,
"regional campus" means West Virginia university at Parkersburg,
and West Virginia university institute of technology.
(b) (a) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to subsection (b), section
one, article one and section one, article two-a of this chapter and
effective the first day of July, two thousand five, includes the
university governing boards as defined in this section;
(c) (b) "Freestanding community and technical colleges" means
southern West Virginia community and technical college, West
Virginia northern community and technical college, and eastern West
Virginia community and technical college, which shall not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) (c) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) (d) Until the thirtieth day of June, two thousand five,
"community and technical college", in the singular or plural, means
the freestanding community and technical colleges and other state
institutions of higher education which have defined community and
technical college responsibility consortia districts and programs
in accordance with the provisions of sections four and six, article three-c of this chapter. Effective the first day of July, two
thousand five, "community and technical college", in the singular
or plural, means the freestanding community and technical colleges
and other state institutions of higher education which deliver
community and technical college education or are so designated by
the Legislature. The term "community and technical college"
includes southern West Virginia community and technical college;
West Virginia northern community and technical college; eastern
West Virginia community and technical college; advantage valley
community and technical college; West Virginia university at
Parkersburg; New River community and technical college; Shenandoah
valley community and technical college; and North central West
Virginia community and technical college;
(f) (e) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in article
three-c of this chapter;
(g) (f) "Essential conditions" means those conditions which
shall be met by community and technical colleges as provided in
section three, article three-c of this chapter;
(h) (g) "Higher education institution" means any institution
as defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) (h) "Higher education policy commission", "policy
commission" or "commission" means the commission created pursuant to section one, article one-b of this chapter;
(j) (i) "Chancellor" Effective the first day of July, two
thousand four "executive director" means: (1) The chief executive
officer of the higher education policy commission employed pursuant
to section five, article one-b of this chapter where the context
refers to a function of the higher education policy commission; or
(2) the chief executive officer of the West Virginia council for
community and technical college education, employed pursuant to
section three, article two-b of this chapter, where the context
refers to a function of the West Virginia council for community and
technical college education. Any reference in this code to the
chancellor means the executive director of the commission. Any
reference in this code to the vice chancellor of community and
technical college education and work force development means the
executive director of the council.
(j) Effective the first day of July, two thousand five,
"chancellor" means the chief executive officer of the Marshall
university system or the West Virginia university system, as
appropriate;
(k) Effective the first day of July, two thousand five,
"university governing board" in the singular or plural, means the
consolidated governing board of Marshall university, the
consolidated governing board of West Virginia university or the
institutional governing board of the West Virginia school of
osteopathic medicine, as appropriate;
(k) (l) "Institutional operating budget" or "operating budget"
for any fiscal year means an institution's total unrestricted
education and general funding from all sources in a prior fiscal
year, including, but not limited to, tuition and fees and
legislative appropriation, and any adjustments to that funding as
approved by the commission Legislature based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(l) (m) "Post-secondary vocational education programs" means
any college-level course or program beyond the high school level
provided through an institution of higher education under the
jurisdiction of a governing board which results in or may result in
the awarding of a two-year associate degree;
(m) (n) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(n) (o) For the purposes of this chapter and chapter
eighteen-c of this code, the terms "vice chancellor for
administration" and "senior administrator" are synonymous and means
mean the vice chancellor for administration employed by the
chancellor senior administrator in accordance with section two,
article four of this chapter; The vice chancellor for
administration shall assume all the powers and duties that are
assigned by law to the senior administrator
(o) (p) Until the thirtieth day of June, two thousand five,
"State college" means Bluefield state college, Concord college, Fairmont state college, Glenville state college, Shepherd college,
West Liberty state college or West Virginia state college;
(q) Effective the first day of July, two thousand five,
"branch campus" means the independently-accredited constituent
campuses under the jurisdiction of the governing board of Marshall
university or West Virginia university, respectively, as provided
in section one, article one of this chapter;
(p) (r) "State institution of higher education" or institution
of higher education means any university, college, branch campus or
community and technical college under the direct or indirect
jurisdiction of a governing board as that term is defined in this
section;
(q) (s) Until the first day of July, two thousand five,
"Regional campus" means West Virginia university at Parkersburg,
Potomac state college of West Virginia university, and West
Virginia university institute of technology;
(r) (t) The advisory board previously appointed for the West
Virginia graduate college shall be is known as the "board of
visitors" and shall provide provides guidance to the Marshall
university graduate college;
(s) (u) Until the thirtieth day of June, two thousand five,
"institutional compact" means a compact between a state institution
of higher education and the commission as described in section two,
article one-a of this chapter. Effective the first day of July,
two thousand five, "compact for branch campuses" means a compact between a branch campus of Marshall university or West Virginia
university, respectively, and the appropriate governing board. A
"compact for community and technical colleges" means a compact
between a community and technical college governing board and the
West Virginia council for community and technical college
education;
(t) (v) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison
purposes and selected by the commission pursuant to section three,
article one-a of this chapter;
(u) (w) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter;
(v) (x) "Sponsoring institution" means the state institution
of higher education that maintains an administrative link to a
community and technical college pursuant to section eight, article
three-c of this chapter;
(w) (y) "Collaboration" means entering into an agreement with
one or more providers of education services in order to enhance the
scope, quality, or efficiency of education services; and
(x) (z) "Broker" or the act of "brokering" means serving as an
agent on behalf of students, employers, communities or
responsibility areas consortia districts to obtain education
services not offered by a sponsoring institution. These services
include courses, degree programs or other services contracted through an agreement with a provider of education services either
in-state or out-of-state. and
(y) "Joint commission for vocational-technical-occupational
education" or "joint commission" means the commission established
pursuant to article three-a of this chapter.
(aa) "Center of excellence" means an academic program or group
of programs located at a particular baccalaureate branch campus
that is recognized through a formalized, contractual agreement
between the university governing board and the branch campus, its
administrators, faculty and staff as having gained a significant
degree of regional or national acclaim for high quality and public
service.
§18B-1-3. Transfer of powers, duties, property, obligations,
etc., of prior governing boards to the higher
education policy commission and governing boards.
(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 chapter eighteen-b of this code, 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 chapter eighteen-b of
this code 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. The title to any real property that
is jointly utilized by institutions or for statewide programs under
the jurisdiction of the commission 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. The obligations contained in revenue bonds issued by
the previous governing boards under the provisions of section
eight, article ten, chapter eighteen-b 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. 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 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 shall continue in effect until rescinded,
revised, altered or amended or transferred to the governing boards
by the commission as set out in this section and in section six,
article one of this chapter.
(i) The commission may, in its sole discretion, shall transfer
any rule, other than a legislative rule, to the jurisdiction of the
governing boards who may rescind, revise, alter or amend any rule
so transferred pursuant to rules adopted by the commission rules to
the governing boards or to the council in accordance with the provisions of section six, article one of this chapter.
(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) Effective the first day of July, two thousand one, 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. This grant of rule making
power extends only to those areas over which the commission has
been granted authority by law.
(b) Effective the first day of July, two thousand four, 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. This grant of rule making power
extends only to those areas relating to community and technical
college education, The commission is directed to transfer to the
council, rules that relate exclusively to the operation of the
institutions under the council's jurisdiction. These rules shall
include, but are not limited to, rules on programs or degrees,
instruction, personnel, auxiliary enterprises, and budgets. The
council shall promulgate a rule on rules to guide the development
of rules, guidelines and other policy statements made by the
governing boards under its jurisdiction;
(c) Effective the first day of July, two thousand five:
(1) The university governing boards are 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;
(2) The commission is directed to transfer to the university
governing boards those rules which relate exclusively to the
operation of the institutions under the jurisdiction of the
university governing boards. The rules include, but are not
limited to, rules on academic programs or degrees, instruction,
research, personnel, auxiliary enterprises and budgets.
(3) The university governing boards shall promulgate a rule on
rules to guide the development and approval of rules, guidelines
and other policy statements made by the governing boards under their respective jurisdictions. In addition to meeting all the
requirements of article three-a, chapter twenty-nine a of this
code, the rule promulgated by the commission rules shall include,
but is are not limited to, the following provisions:
(1) (A) A procedure to ensure that public notice is given on
all campuses of the institution and that the right of interested
parties to have a fair and adequate opportunity to respond is
protected;
(2) (B) Designation of a single location on each campus where
all proposed and approved rules, guidelines and other policy
statements can be accessed by the public;
(3) (C) 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 the first
day of July, two thousand one, and notwithstanding any other
provision of this code to the contrary, no rule heretofore required
by law to be promulgated as a legislative rule may 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, article one of this chapter;
(2) The legislative rule required by section eight-a, article
one of this chapter;
(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.
(d) On or after the effective date of this section and before
the first day of October, two thousand one, notwithstanding any
other provision of this code to the contrary, any rule heretofore
promulgated as a legislative rule which was not required
specifically by law to be promulgated as a legislative rule, or any
rule previously required to be a legislative rule by statute but
reclassified by subsection (c) of this section, may be reclassified
by the commission either as an interpretive rule or as a procedural
rule. The commission shall notify in writing the legislative
oversight commission on education accountability of such
reclassification and shall file such notice with the office of the
secretary of state to be published in the state register.
(e) Nothing in this section may be construed to require
(e) Nothing in this section requires that any rule reclassified under this section be promulgated again under the
procedures set out in article three-a, chapter twenty-nine-a unless
the rule is amended or modified.
(f) The commission shall cause a copy of
(f) The commission, the council and the university governing
boards, as appropriate, 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. to be filed with the legislative oversight
commission on education accountability created in said article
three-a, chapter twenty-nine-a of this code
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) Until the first day of July, two thousand five,
(1) Each institution of higher education state college and
university shall prepare an institutional compact for submission to
the commission; and
(2) Each community and technical college shall prepare an
institutional compact for submission to the council.
(b) Effective the first day of July, two thousand five, each
branch campus shall prepare an institutional compact for submission
to the appropriate university governing board.
(c) When the process herein provided is completed, the
institutional compacts shall form the agreements between the
institutions of higher education and the commission, the council or
the university governing boards, 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, the council and the
university governing boards. 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, the council or the university
governing boards determines determine appropriate. In the
determination of mission, the institutions and the commission, the
council and the university governing boards shall consider the report completed by the national center for higher education
management systems pursuant to the legislative study as provided in
section seven, article three of this chapter;
(3) A plan which is calculated to make any changes in
institutional mission and structure within a six-year period;
(4) A statement of the geographic areas of responsibility,
where applicable, for each goal to be accomplished as provided in
subsection (d) of this section;
(5) A detailed statement of how the compact is aligned with
and will be implemented in conjunction with the master plan of the
institution;
(6) Effective the first day of July, two thousand five, a
statement of how each university governing board plans to identify,
develop, support and maintain centers of excellence at each branch
campus under its jurisdiction;
(6) (7) Such other items, requirements or initiatives,
required by the commission, the council or the university governing
boards, 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, the
council or the university governing boards.
(b) (d) Each institutional compact shall be updated annually
and shall follow the same general guidelines contained in
subsection (a) (c) of this section.
(c) (e) Development and updating of the institutional compacts shall be is subject to the following:
(1) The ultimate responsibility for developing and updating
the institutional compacts is as follows:
(A) at the institutional level resides with the institutional
The institutional board of advisors or the board of governors, as
appropriate is responsible for developing and updating the
compacts;
(2) (B) Until the first day of July, two thousand five, the
ultimate responsibility for developing and adopting the final
version of the state college and university institutional compacts
resides with the commission. Effective the first day of July, two
thousand five, the ultimate responsibility for developing and
adopting the final version of the compacts for the branch campuses
resides with the university governing boards;
(C) The ultimate responsibility for developing and adopting
the final version of the community and technical college
institutional compacts resides with the council;
(3) The initial institutional compacts shall be submitted to
the commission by the institutions on or before the first day of
February, two thousand one. The first annual updates shall be
submitted on or before the fifteenth day of November, two thousand
one, and succeeding updates shall be submitted on the fifteenth day
of November of each year thereafter
(2) Each institution shall submit its compact to the
commission, council or university governing board annually by the fifteenth day of November;
(4) (3) The commission, the council or the university
governing boards shall review the initial institutional compacts
and the annual updates and either shall adopt the institutional
each compact of the institutions under their respective
jurisdictions and either adopt the compact or return it with
specific comments for change or improvement. The commission, the
council and the university governing boards shall continue this
process as long as it each considers advisable;
(5) (4) By the first day of May of each year annually, if the
institutional compact of any institution as presented by that
institution is not adopted by the commission, the council or the
university governing boards, as appropriate, then the commission,
the council or the university governing boards is empowered and
directed to develop and adopt the institutional compact for the
institution and the institution shall be is bound by the compact so
adopted; and
(6) (5) The commission, the council and the university
governing boards, each shall establish, as far as practicable,
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, the council and the university governing boards 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) (f) The commission, the council and the university
governing boards shall assign geographic areas of responsibility to
the state institutions of higher education under their respective
jurisdictions 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. 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) (g) 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) (h) of this section; and
(4) Where applicable, they shall be used to measure progress
in geographic areas of responsibility.
(f) (h) The commission, the council and the university
governing boards 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) (h) of this section shall be measured by the indicators.
(1) The Legislature finds that an emergency exists, and
therefore the commission shall file as an emergency rule the rule
pertaining to benchmarks and indicators that was filed with the
office of the secretary of state on the twenty-sixth day of
December, two thousand. The commission shall file a legislative
rule in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code to replace the emergency rule no later
than the first day of November, two thousand one hereby authorizes
the procedure for rules on benchmarks and indicators as follows:
(A) The council shall file an emergency rule in accordance
with the provisions of article three-a, chapter twenty-nine-a of
this code no later than the first day of October, two thousand
four;
(B) The university governing boards shall file an emergency
rule in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code no later than the first day of October,
two thousand five;
(C) The rule pertaining to benchmarks and indicators in effect
for the commission at the time of the effective date of this
section remains in effect for the community and technical colleges
until the effective date of the legislative rule proposed by the
Council; and
(D) The rule pertaining to benchmarks and indicators in effect
for the commission at the time of the effective date of this
section remains in effect for the institutions under its
jurisdiction until the effective date of the legislative rule
proposed by the university governing boards.
(2) The legislative rule rules shall set forth at the least
the following as pertains to all state institutions of higher
education:
(A) The indicators to be 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, the council and the university governing
boards 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
policy commission 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 commission 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
commission 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) (i) The commission, the council or the university
governing boards, as appropriate, shall approve the master plans
developed by the boards of governors or advisors and the
institutional boards of advisors pursuant to subsection (b), section four, article two-a of this chapter. and subsection (k),
section one, article six of this chapter
§18B-1A-4. Legislative financing goals.
(a) The Legislature recognizes that the higher education goals
set forth in section one-a, article one of this chapter are of
utmost importance. The Legislature further recognizes that meeting
the goals may require the appropriation of funds above the current
operating budgets of the institutions.
(b) It is, therefore, the desire of the Legislature to
increase funding annually for higher education at a rate not less
than the annual percentage increase in the overall general revenue
budget.
(c) If the commission, the council or, effective the first day
of July, two thousand five, the university governing boards, as
appropriate, determines that appropriations are insufficient to
fund the requirements of the institutional compacts developed by
institutions under their respective jurisdictions, the commission,
the council or university governing boards first shall consider
extending the length of the compacts or otherwise modifying the
compacts to allow the institutions to achieve the benchmarks in the
compacts. If modifications to the institutional compacts are not
sufficient to allow the institutions to meet their benchmarks, the
commission, the council or university governing boards, shall
recommend to the Legislature methods of making the higher education
system more efficient. The methods may include, but are not limited to, the following:
(1) Administrative efficiencies;
(2) Consolidation of services;
(3) Elimination of programs;
(4) Consolidating institutions; and
(5) Closing institutions.
§18B-1A-5. Financing; institutional operating budgets, additional
funding.
(a) Budget request and appropriations. -- The commission, has
the council and, effective the first day of July, two thousand
five, the university governing boards, as appropriate, each has the
responsibility to develop a an annual budget for the state system
of higher education under its respective jurisdiction, and submit
a budget request to the governor before the first day of September.
beginning in two thousand, and for each fiscal year thereafter.
The Each budget request specifically shall include the amount of
the institutional operating budgets, as defined in section two,
article one of this chapter, required for all state institutions of
higher education under its jurisdiction. The budget appropriation
for the state system systems of higher education under this chapter
and other provisions of the law shall consist of separate control
accounts or institutional control accounts, or some combination of
such accounts, for appropriation of institutional operating budgets
and other funds. The commission, the council and university
governing boards, as appropriate, each is responsible for allocating state appropriations to supplement institutional
operating budgets in accordance with this section. In addition to
the institutional operating budget and incentive funding, however,
the commission, the council and university governing boards, each
is responsible for allocating funds that are appropriated to it for
other purposes. Provided, That In order to determine institutional
allocations, it is the responsibility of the institutions and their
respective institutional boards of governors or advisors, as
appropriate, to provide to the commission, council or university
governing boards documentation on institutional progress toward
mission enhancement, preliminary peer comparison calculations,
performance of increased productivity and academic quality and
measurable attainment in fulfilling state priorities as set forth
in this article. The documentation shall be provided annually to
the commission, the council or the university governing boards, as
appropriate, no later than the first day of October. each year for
commission review and verification
(b) Legislative funding priorities. --
(1) The Legislature recognizes the current previous resource
allocation model has not moved did not move all state institutions
equitably towards comparable peer funding levels. This formula has
The formula left West Virginia institutions at a competitive
disadvantage to their national peers.
(2) The Legislature acknowledges that the resource allocation
model used to comply with Senate Bill 547, passed during the legislative session of one thousand nine hundred ninety-five,
alleviated some of the disparity that exists among state
institutions' operating budgets, but left significant differences
between the institutions and their national peers.
(3) The Legislature recognizes that a system of
independently-accredited community and technical colleges is
essential to the economic vitality of the state.
(4) The Legislature places great importance on achieving the
priority goals outlined in the public policy agenda and believes
the state institutions of higher education should play a vital role
in facilitating the attainment of these goals.
(5) The Legislature also believes it is imperative that the
state make progress on narrowing the peer inequity while balancing
the need for sustaining the quality of our institutions.
(6) It is the charge of the commission, the council and,
effective the first day of July, two thousand five, the university
governing boards to allocate all funds appropriated in excess of
the fiscal year two thousand one general revenue appropriations in
alignment with the legislative funding priorities listed below.
The commission, the council and the university governing boards
shall consider the priorities and assign a percentage of the total
appropriation of new funds to each priority.
(A) Peer equity. -- Funds appropriated for this purpose
increase the level of the institutional operating budget for state
institutions of higher education comparable to their peer institutions. Subject to the availability of funds and legislative
appropriations, the allocation shall provide subject to the
availability of funds and legislative appropriations, for a
systematic adjustment of the institutional operating budgets to
move all institutions' funding in the direction of levels
comparable with their peers. Institutional allocations shall be
calculated as follows:
(i) A calculation shall be made of the deficiency in per
student funding of each institution in comparison with the mean per
student funding of the peer institutions as defined by the
commission pursuant to section three of this article;
(ii) For all institutions that are deficient in comparison
with peer institutions, the amounts of the deficiencies shall be
totaled;
(iii) A ratio of the amount of the deficiency for an
institution divided by the total amounts of deficiency for all West
Virginia institutions shall be established for each institution;
and
(iv) The allocation to each institution shall be calculated by
multiplying the ratio by the total amount of money in the account.
(B) Independently accredited community and technical colleges
development. -- Funds appropriated for this purpose will ensure a
smooth transition, where required, from "component" community and
technical colleges to independently-accredited community and
technical colleges as defined in section two, article one of this chapter. Appropriations for this purpose are only to be allocated
to those institutions having approved compacts with the commission
council that expressly include the transition of their component
community colleges to independently-accredited status and have
demonstrated measurable progress towards this goal. By the first
day of July, two thousand seven five, or when all required
community and technical colleges are independently accredited,
whichever first occurs, funds for this purpose shall be allocated
to the incentives for institutional contributions to state
priorities; Provided, That if the commission determines that
payments from the account to the institutions should continue
beyond the first day of July, two thousand seven, it shall request
an extension from the Legislature
(C) Research challenge. -- Funds appropriated for this purpose
shall assist public colleges and universities in West Virginia to
compete on a national and international basis by providing
incentives to increase their capacity to compete successfully for
research funding. The Legislature intends for institutions to
collaborate in the development and execution of research projects
to the extent practicable and to target research to the needs of
the state as established in the public policy agenda and linked to
the future competitiveness of this state.
(i) The commission and, effective the first day of July, two
thousand five, the university governing boards, shall develop
criteria for awarding grants to institutions under this account, which may include, but are not limited to, the following:
(I) Grants to be used to match externally funded,
peer-reviewed research;
(II) Grants to be used to match funds for strategic
institutional investments in faculty and other resources to
increase research capacity;
(III) Grants to support funding for new research centers and
projects that will foster economic development and work force
investment within the state. These grants shall be limited to
seven years and each research center or project funded shall
receive a decreasing award each year and shall be required to be
supported solely by external funding within seven years;
(ii) The commission and the university governing boards,
either individually or jointly, may establish an advisory council
consisting of nationally prominent researchers and scientists,
including representatives from outside the state, to assist in
developing the criteria for awarding grants under this account.
(iii) For the purposes of making the distributions from this
account, the commission and the university governing boards shall
establish the definition for research, research funds and any other
terms as may be necessary to implement this subdivision; and
(D) Incentives for institutional contributions to state
priorities. -- Funds appropriated for this purpose provide
incentives to institutions which demonstrate success toward
advancing the goals of the public policy agenda as set forth in section one-a, article one of this chapter and to provide
incentives for mission enhancement as set forth in section two of
this article.
(E) Sustained quality support. -- The commission, the council
and, effective the first day of July, two thousand five, the
university governing boards shall provide additional operating
funds to institutions with approved compacts. The commission, the
council or the university governing boards, as appropriate, shall
allocate these funds on an equal percentage basis to all
institutions. Provided, That The commission, the council or the
university governing boards, as appropriate, may delay distribution
of these funds to any institution which does not demonstrate
measurable progress towards the goals provided in its compact with
the commission, the council or university governing boards
respectively.
(c) Allocations to institutional operating budgets. -- For the
purposes of this subsection, the commission, the council and
university governing boards each shall establish by rule pursuant
to subsection (f), section two of this article the method for
measuring the progress of each institution towards meeting the
benchmarks of its institutional compact.
(d) Allocation of appropriations to the institutions. --
Appropriations in this section shall be allocated to the state
institutions of higher education in the following manner:
(1) For the fiscal year two thousand two, appropriations above the fiscal year two thousand two institutional operating budget
shall be allocated only to institutions with approved compacts,
pursuant to this article;
(2) For the fiscal year two thousand three, and each fiscal
year thereafter
(1) Each fiscal year appropriations from the funds shall be
allocated only to institutions with which have:
(A) Approved compacts, pursuant to section two of this
article; and which also have
(B) Achieved their annual benchmarks for accomplishing the
goals of their compacts, as approved by the commission the council
or university governing boards, respectively. Provided, That
(2) If an institution has not achieved all of its annual
benchmarks, the commission or council or university governing
boards may distribute a portion of the funds to the institution
based on its progress as the commission, the council or university
governing boards determines determine appropriate. Provided,
however, That The commission, the council and, effective the first
day of July, two thousand five, the university governing boards,
each shall establish by rule pursuant to subsection (f), section
two, of this article the method for measuring the progress of each
institution toward meeting the benchmarks of its institutional
compact;
(e) Nothing in this section shall be construed in a manner
that limits the appropriation or collection of fees necessary to effectuate the operation and purpose of the commission, the council
or the university governing boards.
§18B-1B-1. Higher education policy commission established;
development of public policy agenda.
There is hereby created the "higher education policy
commission", hereinafter referred to as the "commission" which is
responsible for developing, gaining consensus around and overseeing
the implementation of a public policy agenda. It is the intent of
the Legislature that the commission is responsible for development
and articulation of the public policy agenda for higher education
and other statewide issues pursuant to section one-a, article one
of this chapter. All matters of governance not specifically
assigned to the commission or council by law are the duty and
responsibility of the governing board or boards.
§18B-1B-2. Composition of commission; terms and qualifications of
members; vacancies; eligibility for reappointment;
oath of office; removal from office.
(a) The commission is comprised of nine members, all of whom
are entitled to vote ten members:
(1) One is The secretary of education and the arts, ex
officio;
(2) One is The state superintendent of schools, ex officio.
(3) The chair of the West Virginia council for community and
technical college education, ex officio, who is not entitled to vote. Provided, That if the state superintendent of schools
desires not to serve, the state board of education shall submit to
the governor the names of three nominees, which may include members
of the state board of education. The governor shall select from
the nominees a member to serve on the commission. The three
nominees shall be persons who are knowledgeable in the area of
public education policy, are able to represent the state board of
education and who understand and are committed to achieving the
goals and objectives as set forth in the institutional compacts and
in section one-a, article one of this chapter
(b) The other (4) Seven members of the commission shall be who
are citizens of the state, appointed by the governor, by and with
the advice and consent of the Senate. Provided, That
(b) Prior to appointment, the governor shall interview each
candidate to assure that the person selected understands and is
committed to achieving the goals and objectives as set forth in the
institutional compacts and in section one-a, article one of this
chapter. The governor shall invite the president of the Senate,
the speaker of the House of Delegates, the chairs of the Senate and
House of Delegates committees on finance and education and such
other legislative leaders as the governor may determine to
participate in interviewing potential candidates. Each member
appointed to the commission by the governor shall represent the
public interest and shall be committed to the legislative intent
and goals set forth in section one-a, article one of this chapter.
(c) The governor may not appoint any person to be a member of
the commission who is an officer, employee or member of the
council, a governing board, or an advisory board of any state
college or university; an officer or member of any political party
executive committee; the holder of any other public office or
public employment under the government of this state or any of its
political subdivisions; or an appointee or employee of any
governing board; or an immediate family member of any employee
under the jurisdiction of the commission, the council, or any
governing board. Of the members appointed by the governor from the
public at large, no more than four thereof shall may belong to the
same political party and at least two shall be appointed from each
congressional district.
(d) The governor shall appoint seven members to the commission
on the first day of July, two thousand, or as soon thereafter as is
practicable and the original terms of all members shall commence on
the first day of July, two thousand.
(e) (d) The terms of the members appointed by the governor
shall be are for overlapping terms of four years. except, of the
original appointments, one shall be appointed to a term of one
year, two shall be appointed to a term of two years, two shall be
appointed to a term of three years and two shall be appointed to a
term of four years. Each subsequent appointment which is not for
the purpose of filling a vacancy in an unexpired term shall be for
a term of four years
(f) (e) The governor shall appoint a member to fill any
vacancy among the seven members of the commission appointed by the
governor, by and with the advice and consent of the Senate. which
member appointed to fill such vacancy shall serve Any member
appointed to fill a vacancy shall serve for the unexpired term of
the vacating member. The governor shall fill the vacancy within
thirty days of the occurrence of the vacancy.
(g) No (f) A member appointed by the governor shall be
eligible to may not serve more than two consecutive terms.
(h) (g) Before exercising any authority or performing any
duties as a member of the commission, each member shall qualify as
such by taking and subscribing to the oath of office prescribed by
section five, article IV of the constitution of West Virginia and
the certificate thereof shall be filed with the secretary of state.
(i) No (h) A member of the commission appointed by the
governor may not be removed from office by the governor except for
official misconduct, incompetence, neglect of duty or gross
immorality, and then only in the manner prescribed by law for the
removal of the state elective officers by the governor.
§18B-1B-4. Powers and duties of higher education policy
commission.
(a) The Higher Education Policy Commission is a policy and
coordinating board with limited regulatory powers. The commission
focuses on statewide higher education needs rather than on a
particular institution or group of institutions. The commission has specific responsibility for advocating for public higher
education at the state level and for collecting data, researching
and advising policymakers on broad policy initiatives and incentive
funding, on general issues in public higher education, and on
issues of resource allocation involving multiple governing boards.
The commission shall exercise its authority and carry out its
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,
effective the first day of July, two thousand five, the university
governing boards. The primary responsibility of the commission is
to work collaboratively with the council and the university
governing boards to research, develop establish and implement
propose policy that will achieve the goals and objectives found in
section one-a, article one of this chapter. To that end, the
commission has the following powers and duties:
(1) To research, develop, oversee propose and advance the
public policy agenda 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 ten
of this article for the purpose of accomplishing the mandates of
this section;
(2) To develop oversee and advance the implementation 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;
and
(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) With input from the council and the university governing
boards as coequal policy partners, to 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 also 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 system systems as a whole accountable for accomplishing
their missions and implementing the provisions of the compacts;
(4) To develop and adopt each review on behalf of the
Legislature and the governor the institutional compact compacts,
including annual updates, for institutions under its jurisdiction;
(5) To review and adopt the annual updates of the
institutional compacts for each institution under its jurisdiction;
(6) Review the progress of community and technical colleges in
every region of West Virginia; such review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
(7) serve as the accountability point for: (5) To collect and
analyze data, conduct research, develop policy based on the
research and provide to the governor and the Legislature reliable,
timely data and analysis relating to issues affecting higher education. It is the responsibility of the commission to maintain
(A) The governor for implementation of the public policy
agenda; and for
(B) The Legislature by maintaining a close working
relationship with the legislative leadership and the legislative
oversight commission on education accountability;
(8) (6) To promulgate legislative rules pursuant to article
three-a, chapter twenty-nine-a as provided in section six of this
article to fulfill the purposes of section five, article one-a of
this chapter. This grant of rule making authority excludes those
areas of responsibility for which the council or the university
governing boards have specific responsibility.
(9) (7) With the approval of the Legislature, to establish and
implement a peer group for each public institution of higher
education in the state. as described in section three, article
one-a of this chapter
(10) (8) To establish and implement the benchmarks and
performance indicators necessary to measure institutional
achievement towards state policy priorities and institutional
missions for institutions under its jurisdiction. Effective the
first day of July, two thousand five, the university governing
boards are responsible for establishing and implementing the
benchmarks and performance indicators necessary to measure
institutional achievement towards state policy priorities and
institutional missions for the institutions under their jurisdiction;
(11) In January, two thousand one, and annually thereafter
(9) To report annually on behalf of the systems of higher
education 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 the 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
subsection (i) 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 (12) (11) of this subsection and the
justification for such priority;
(D) Progress of the university governing boards in
establishing centers of excellence at each branch campus under
their jurisdiction;
(D) (E) 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;
(12) (10) To consult with the council and the university
governing boards, as appropriate, in establish establishing a
formal process for identifying needs for capital investments and
for determining priorities for these investments;
(13) On or before the first day of October, two thousand,
develop, establish and implement
(11) To develop guidelines in consultation with the council
and the university governing boards guidelines for institutions to
follow concerning extensive capital projects. 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. No such project may Such a
project may not be pursued by an institution without the approval
of the commission. An institution may not nor may an institution
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;
(14) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
(15) (12) To 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;
(16) (13) To employ a chancellor for higher education an
executive director pursuant to section five of this article;
(17) (14) To employ other staff as necessary and appropriate
to carry out the duties and responsibilities of the commission in
accordance with the provisions of section two, article four of this
chapter;
(15) To employ other staff as necessary and appropriate to
carry out the duties and responsibilities of the council;
(18) (16) To Provide suitable offices in Charleston for the
chancellor, vice chancellors executive director and other staff;
(19) Conduct a study of the faculty tenure system as
administered by the governing boards with specific attention to the
role of community service and other criteria for achieving tenured
status. The commission shall make a report of its findings and
recommendations to the legislative oversight commission on
education accountability by the first day of July, two thousand
one;
(20) (17) Until the thirtieth day of June, two thousand five,
to 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;
(21) (18) Until the thirtieth day of June, two thousand five,
to approve the total compensation package from all sources for
institutional presidents of institutions under its jurisdiction, as
proposed by the governing boards. 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;
(22) (19) Together with the council and the governing boards,
to 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;
(23) (20) To develop, approve and implement a uniform standard as developed by the chancellor, 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
chancellor executive director shall develop a clear, concise
explanation of the standard which the governing boards shall
communicate to the state board of education and the state
superintendent of schools;
(24) (20) To review and approve or disapprove capital projects
as described in subdivision (12) (10) of this subsection; (a) of
this section
(25) (21) In consultation with the council and the university
governing boards, to develop and implement an oversight plan to
manage system-wide 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, increase
the delivery of instruction to nontraditional students, provide
services to business and industry and increase the management
capabilities of the higher education system; and
(B) Reviewing courses and programs offered within the state by
nonstate public or private institutions of higher education;
(26) (22) To establish and facilitate the development and
implement implementation of 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;
(27) (24) To establish and facilitate the development and
implement implementation of 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;
(28) (25) To establish and facilitate the development and
implement implementation of 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;
(29) (26) To establish and facilitate the development and
implement implementation of policies and programs, in cooperation
with 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;
(30) (27) To seek out and attend regional, national and
international meetings and forums on education and work force
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 researching and developing proposing the policies for this
state to meet the established education goals and objectives
pursuant to section one-a, article one of this chapter;
(31) (28) To develop, establish and implement guidelines 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 the governing boards and institutions not approve or
promote 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;
The commission shall determine whether the guidelines
developed pursuant to this subdivision should apply to any project
which a governing board and institution allege to have been planned
on or before the seventeenth day of June, two thousand. In making
the determination, the commission shall be guided by the best
interests of the students, the institution and the community to be
served;
(32) Certify to the Legislature, on or before the first day of
February, two thousand one, the priority funding percentages and
other information needed to complete the allocation of funds in
section five, article one-a of this chapter;
(33) (29) Until the first day of July, two thousand five, to
consider and submit to the appropriate agencies of the executive
and legislative branches of state government, a single budget for
higher education that reflects recommended appropriations for the
commission and the institutions under its jurisdiction. Effective
the first day of July, two thousand five, each university governing
board has the authority to develop and submit budgets for the
institutions under its jurisdiction. Provided, That on the first
day of January, two thousand one, and annually thereafter The
commission annually shall submit the proposed institutional
allocations based on each institution's progress toward meeting the goals of its institutional compact;
(34) Initiate a full review and analysis of all student fees
charged by state institutions of higher education and make
recommendations to the legislative oversight commission on
education accountability no later than the second day of January,
two thousand two. The final report shall contain findings of fact
and recommendations for proposed legislation to condense, simplify
and streamline the fee schedule and the use of fees or other money
collected by state institutions of higher education;
(35) (30) The commission has the authority To assess
institutions under its jurisdiction for the payment of expenses of
the commission or for the funding of statewide higher education
services, obligations or initiatives pursuant to the provisions of
section two, article ten of this chapter;
(36) (31) To 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;
(37) (32) To 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:
(A) in 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;
and
(B) Effective the first day of July, two thousand five, in
cases where the required appointment has a specific and direct
connection to the provision of higher education by the institutions
under their jurisdiction, the appointment shall be made jointly by
the university governing boards;
(C) Notwithstanding any provisions of this code to the
contrary, the commission, or the council or a university governing
board, respectively, may appoint one of its own members or any
other citizen of the state as its designee. The commission shall
appoint the total number of persons in the aggregate The total
number of appointments to be made by the commission, the council
and the university governing boards equals the total number
required to be appointed by these previous governing boards;
(38) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section are
hereby transferred to the commission and shall continue in effect
until rescinded, revised, altered or amended by the commission;
(39) Examine and determine the feasibility of recommendations
contained in the Implementation Board Report presented to the
commission in January, two thousand one, and, at the discretion of
the commission, create the advantage valley community college network to enhance provision of community and technical college
education in the responsibility areas of Marshall university, West
Virginia state college and West Virginia university institute of
technology;
(40) (33) Pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code and section six, article one of
this chapter, to promulgate rules as necessary or expedient to
fulfill the purposes of this chapter. Until the first day of July,
two thousand five, the commission may promulgate a new uniform rule
for the purpose of standardizing, as much as possible, the
administration of personnel matters among the institutions of
higher education. Effective the first day of July, two thousand
five, the council assumes the responsibility for developing a rule
for the administration of personnel matters among institutions
under its jurisdiction and each university governing board assumes
responsibility for developing a rule for the administration of
personnel matters among the institutions under its jurisdiction;
(41) (34) To determine when a joint rule among the governing
boards is necessary or required by law and, in those instances and
in consultation with recommend that the council and the governing
boards, promulgate the joint rule;
(42) (35) To promulgate a joint rule establishing tuition and
fee policy for all institutions of higher education under its
jurisdiction. Effective the first day of July, two thousand five,
the council assumes the responsibility for developing a rule establishing tuition and fee policy for institutions under its
jurisdiction and each university governing board assumes
responsibility for developing a rule for establishing tuition and
fee policy for the institutions under its jurisdiction. 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 are the commission considers
considered appropriate. and
(43) Develop a method for the council, or members thereof, to
participate in the selection of administrative heads of the
community and technical colleges.
(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 researching, develop
developing establish and implement proposing policy and 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) In collaboration with the council and the university
governing boards, Development and implementation of developing
guidelines for institutional mission definitions including use of
incentive money funds to influence institutional behavior in ways
that are consistent with public priorities;
(4) Academic program review and approval 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) Until the first day of July, two thousand five,
(A) Development of budget and allocation of resources,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding for the institutions under its jurisdiction;
(B) Effective the first day of July, two thousand five, each
university governing board is responsible for developing a budget,
allocating resources and approving the institutional operating
budgets of the institutions under its jurisdiction; and
(C) Effective the first day of July, two thousand five, the
commission is responsible for recommending and approving
distribution of incentive and performance-based funding for all
institutions not under the jurisdiction of the council.
(6) Jointly with the council and the university governing
boards, as appropriate, administration of state and federal student
aid programs, including promulgation of any rules formerly vested in the previous governing boards in relation to necessary to
administer those programs;
(7) Acting Except in those areas for which the council or the
university governing boards has specific responsibility, 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) 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 at the baccalaureate level and above
in the state;
(10) Development, implementation and oversight of statewide
and regionwide projects and initiatives 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 planning, policy
analysis, program review, and approval budgeting recommendations
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) Until the first day of July, two thousand five, the
commission is authorized to withdraw specific powers of any
governing board of an institution under its jurisdiction for a
period not to exceed two years one year 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 one year during which time the commission is authorized
to take steps necessary to reestablish the conditions for
restoration of sound, stable and responsible institutional
governance.
(e) Notwithstanding the provisions of section six, article
one-a of this chapter, the commission shall undertake a study of
the most effective and efficient strategies and policies to address
the findings and intent of that section.
(1) The issues addressed by this study shall include, but not
be limited to:
(A) Strategies to ensure access to graduate education;
(B) The development of state colleges as regional graduate
centers with authority to broker access to graduate programs in
their responsibility areas;
(C) The process by which state colleges obtain authorization
to grant graduate degrees;
(D) The relationship of regional graduate centers at state
colleges to graduate programs offered within those regions by state
universities; and
(E) Other issues related to initiatives to meet each region's
need and enhance the quality and competitiveness of graduate
programs offered and/or brokered by West Virginia state colleges
and universities.
(2) The commission shall report the findings of this study
along with the recommendations for legislative actions, if any, to
address these findings and the intent of this section, to the
legislative oversight commission on education accountability by the
first day of January, two thousand one.
§18B-1B-5. Employment of executive director; office; powers and duties generally; employment of other staff.
(a) The commission, created pursuant to section one of this
article, shall employ a chancellor for higher education an
executive director who shall be the chief executive officer of the
commission and who shall serve at its will and pleasure. The vice
chancellor for administration shall serve as the interim chancellor
until a chancellor is employed.
(b) The commission shall set the qualifications for the
position of chancellor executive director 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 research and communication skills;
(3) Demonstrates proficiency in building trust and consensus
with citizens, policymakers, education professionals, and
constituent groups;
(3) (4) Has significant experience and an established national
reputation as a professional in the field of higher education;
(4) (5) Is free of institutional or regional biases; and
(5) (6) Holds or retains no other administrative position
within the system of higher education while employed as chancellor
executive director.
(c) The chancellor executive director 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.
(d) With the approval of the commission, the chancellor
executive director may employ a vice chancellor director of for
health sciences who shall serve at the will and pleasure of the
chancellor commission. The vice chancellor for director of 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 director of
health sciences shall perform all duties assigned by the chancellor
executive director, the commission and state law. In the case of
a vacancy in the office of vice chancellor of director of health
sciences, the commission shall assign the duties assigned to of
this office by law are the responsibility of the chancellor or a
designee to other staff.
(e) With the approval of the commission, the chancellor shall
employ a vice chancellor for community and technical college
education and work force development who serves at the will and
pleasure of the chancellor. The duties of this position include
serving as the chief executive officer of the West Virginia council
for community and technical college education created pursuant to
article two-b of this chapter, and such other duties as assigned by
law or by the commission. Any reference in this code to the vice chancellor for community and technical colleges means the vice
chancellor for community and technical college education and work
force development, which vice chancellor for community and
technical colleges shall become the vice chancellor for community
and technical college education and work force development. It is
the duty and responsibility of the vice chancellor for community
and technical college education and work force development to:
(1) Provide assistance to the commission, the chancellor and
the governing boards on matters related to community and technical
college education;
(2) Advise, assist and consult regularly with the
institutional presidents; institutional boards of governors or
boards of advisors, as appropriate; and district consortia
committees of the state institutions of higher education involved
in community and technical college education; and
(3) Perform all duties assigned by the chancellor, the
commission and state law.
(f) With the approval of the commission the chancellor shall
employ a vice chancellor for administration pursuant to section
two, article four of this chapter.
(e) With the advice and consent of the council, the commission
shall employ a senior administrator pursuant to section two,
article four of this chapter. The individual serving as vice
chancellor for administration on the effective date of this section
may continue to serve as senior administrator on an interim basis until the commission and the council have agreed, jointly, on a
candidate to fill the position. The interim senior administrator
may be considered as a candidate for the position. The vacancy
shall be filled on a permanent basis no later than the first day of
January, two thousand five. The senior administrator is employed
by the commission, but may not be dismissed without the consent of
the council.
(g) With the approval of the commission, the chancellor may
employ a vice chancellor for state colleges who shall serve at the
will and pleasure of the chancellor. 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.
(h) (f) Apart from the offices of the vice chancellors staff
as set forth in this section and section two, article four of this
chapter, the chancellor commission shall determine the organization
and staffing positions within the office that are necessary to
carry out his or her its powers and duties and may employ other
staff as necessary. staff
(i) (g) The chancellor commission or its designee 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) Under the supervision of the commission, the chancellor
executive director shall be responsible for the day-to-day
operations of the commission and shall have the following
responsibilities:
(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 executive director and the vice chancellors senior
administrator;
(4) On and after the first day of July, two thousand one, to
assist the governing boards in developing rules, subject to the
provisions of section six, article one of this chapter: Provided,
That 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 shall be responsible for ensuring that any policy which
is required to be uniform across the institutions is applied in a
uniform manner;
(5) (4) To perform all other duties and responsibilities
assigned by the commission or by state law.
(k) The chancellor executive director shall be reimbursed for
all actual and necessary expenses incurred in the performance of
all assigned duties and responsibilities.
(l) The chancellor commission is the primary advocate for
baccalaureate and post-baccalaureate higher education and, with the
commission executive director, advises the Legislature on matters
of higher education affecting these institutions in West Virginia.
As the primary advocate for higher education, Under the supervision
of the commission, the chancellor executive director 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 executive director 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.
(n) The chancellor executive director 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
executive director shall serve 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. -- Until the
first day of July, two thousand five, appointment of presidents of
the public institutions of higher education shall be made as
follows:
(1) Subject to the approval of the commission, the appropriate
governing board of the institution shall appoint a president for Bluefield state college, Concord college, eastern West Virginia
community and technical college, Fairmont state college, Glenville
state college, Marshall university, Shepherd college, southern West
Virginia community and technical college, West Liberty state
college, West Virginia northern community and technical college,
West Virginia school of osteopathic medicine, West Virginia state
college, and West Virginia university;
(2) Subject to the approval of the appropriate governing board
and to the provisions of article three-c of this chapter, the
president of the appropriate institution shall appoint the
president of the regional campuses of West Virginia university and
of the community and technical colleges which remain linked
administratively to a sponsoring institution. The presidents of
such regional campuses and community and technical colleges shall
serve at the will and pleasure of the institutional president. The
president of the sponsoring institution shall appoint a president
for the administratively linked community and technical college at
the appropriate time as outlined in the institutional compact and
approved by the commission.
(3) Subject to the approval of the commission and to the
provisions of article three-c of this chapter, the president of the
appropriate institution shall appoint the provost in those cases
where the community and technical college remains as a component of
another institution. The provost shall serve at the will and
pleasure of the president of the employing institution.
(b) Other appointments. -- Until the first day of July, two
thousand five, appointments of administrative heads of state
institutions of higher education shall be made in accordance with
the provisions of subsection (a) of this section except in the
following instances: (1) effective the first day of July, two
thousand three, the institutional president shall appoint a provost
to be the administrative head of New River community and technical
college; and
(2) (c) Effective the first day of July, two thousand five,
the institutional president shall appoint a provost to be the
administrative head of the Potomac campus of West Virginia
university.
(d) Appointment of institutional presidents. -- Effective the
first day of July, two thousand five, appointment of presidents of
the public institutions of higher education shall be made as
follows:
(1) The appropriate university governing board shall appoint
a chancellor to head the multi-campus state institutions of higher
education known as Marshall university and West Virginia
university. At the discretion of the governing board, the
chancellor also may serve as the president of the institution's
main campus.
(2) The governing board of Marshall university shall appoint
a president for the university's branch campuses at Bluefield state
college, at Concord college, at West Virginia state college, and at Marshall university institute of technology. The presidents of the
branch campuses of Marshall university serve at the will and
pleasure of the appointing governing board.
(3) The governing board of West Virginia university shall
appoint a president for the university's branch campuses at
Fairmont state college, at Glenville state college, at Shepherd
college, and at West Liberty state college. The presidents of the
branch campuses of West Virginia university serve at the will and
pleasure of the appointing governing board.
(4) The governing board of the West Virginia school of
osteopathic medicine shall appoint a president for that institution
who shall serve at the will and pleasure of the appointing
governing board.
(5) Subject to the approval of the council, the governing
board of each respective community and technical college shall
appoint a president for eastern West Virginia community and
technical college, southern West Virginia community and technical
college, West Virginia northern community and technical college,
West Virginia university at Parkersburg, advantage valley community
and technical college, North central West Virginia community and
technical college, Shenandoah valley community and technical
college, and New River community and technical college. Each
president of a community and technical college serves at the will
and pleasure of the appointing governing board.
The provost of an
administratively linked community and technical college in office on the thirtieth day of June, two thousand five, shall become the
president of that community and technical college on the first day
of July, two thousand five, with the approval of the governing
board of the institution and subject to the consent of the council.
(c) Evaluation of administrative heads. -- The governing
boards shall conduct written performance evaluations of each
institution's president the administrative head of each institution
of higher education. except the presidents of regional campuses
shall be evaluated by the president of West Virginia university.
The provosts of administratively-linked community and technical
colleges and other consolidated, merged or administratively linked
units shall be evaluated by the president of the employing
institution Evaluations shall be done in every fourth year of
employment as administrative head, recognizing unique
characteristics of the institution and utilizing institutional
personnel, institutional boards of advisors as appropriate, staff
of the appropriate governing board and persons knowledgeable in
higher education matters who are not otherwise employed by a
governing board. A part of the evaluation shall be a determination
of the success of the institution in meeting the requirements of
its institutional compact.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) Effective the thirtieth day of June, two thousand one, the
institutional boards board of advisors at Bluefield state college,
Concord college, eastern West Virginia community and technical
college, Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and
technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and West
Virginia university are abolished.
(b) Effective the first day of July, two thousand one, a board
of governors is established at each of the following institutions:
Bluefield state college, Concord college, eastern West Virginia
community and technical college, Fairmont state college, Glenville
state college, Marshall university, Shepherd college, southern West
Virginia community and technical college, West Liberty state
college, West Virginia northern community and technical college,
the West Virginia school of osteopathic medicine, West Virginia
state college and West Virginia university.
(c) Effective the first day of July, two thousand five:
(1) The governing boards of Marshall university and West
Virginia university are university governing boards as defined in
section two, article one of this chapter;
(2) Bluefield state college, Concord college, Marshall
university institute of technology, formerly West Virginia
institute of technology, and West Virginia state college are branch campuses of Marshall University and their respective governing
boards become boards of advisors;
(3) Fairmont state college, Glenville state college, Shepherd
college and West Liberty state college are branch campuses of West
Virginia university and their respective governing boards become
boards of advisors;
(4) West Virginia University at Parkersburg ceases to be a
regional campus, but retains an administrative link to West
Virginia university. The institutional board of advisors at West
Virginia university at Parkersburg and each administratively-linked
community and technical college is abolished. There is established
at each administratively-linked community and technical college an
institutional board of governors. In making the initial
appointments to these institutional boards of governors, except in
the case of death, resignation or failure to be confirmed by the
Senate, the governor shall appoint those persons who are lay
members of the institutional boards of advisors.
(d) Each board of governors shall include includes:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of that
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of that institution;
(3) A member from the institutional classified employees duly elected by the classified employees of that institution; and
(4) Nine lay members appointed by the governor by and with the
advice and consent of the Senate pursuant to section one-a, article
six of this chapter: Provided, That For the institutional boards
of governors at Marshall university and West Virginia university,
twelve lay members shall be appointed by the governor by and with
the advice and consent of the Senate pursuant to section one-a,
article six of this chapter: Provided, however, That of the
appointed lay members, the governor shall appoint one
superintendent of a county board of education from the area served
by the institution: Provided further, That in making the initial
appointments to the institutional boards of governors, the governor
shall appoint, except in the case of death, resignation or failure
to be confirmed by the Senate, those persons who are lay members of
the institutional boards of advisors for those institutions named
in subsection (a) on the thirtieth day of June, two thousand one,
and appointed pursuant to section one-a, article six of this
chapter.
(4) The university governing boards, each, has twelve lay
members appointed by the governor by and with the advice and
consent of the Senate pursuant to section one-a, article six of
this chapter. All other institutional boards of governors have
nine lay members appointed by the governor by and with the advice
and consent of the Senate pursuant to section one-a, article six of
this chapter. One of the lay members appointed to each governing board by the governor shall be a superintendent of a county board
of education from the area served by the institution of higher
education or branch campus under the jurisdiction of the governing
board.
(c) (e) Of the nine members appointed by the governor, no more
than five may be of the same political party. Provided, That
Except of the twelve members appointed by the governor to the
university governing boards, of Marshall university and West
Virginia university no more than seven may be of the same political
party. At least six of the nine members appointed shall be
residents of the state. Provided, however, That Except of the
twelve members appointed by the governor to the university
governing boards, of Marshall university and West Virginia
university, at least eight of the members shall be residents of the
state.
(d) (f) The student member shall serve serves for a term of
one year. The term beginning in July, two thousand one, shall end
on the thirtieth day of June, two thousand two. Thereafter, The
term shall begin Each term begins on the first day of July.
(e) (g) The faculty member shall serve serves for a term of
two years. The term beginning in July, two thousand one, ends on
the thirtieth day of June, two thousand three. Thereafter, the
term shall begin Each term begins on the first day of July.
Faculty members are eligible to succeed themselves for three
additional terms, not to exceed a total of eight consecutive years.
(f) (h) The member representing classified employees shall
serve serves for a term of two years. The term beginning in July,
two thousand one, shall end on the thirtieth day of June, two
thousand three. Thereafter, the term shall begin Each term begins
on the first day of July. Members representing classified
employees are eligible to succeed themselves for three additional
terms, not to exceed a total of eight consecutive years.
(g) (i) The appointed lay citizen members shall serve terms of
four years each and shall be are eligible to succeed themselves for
no more than one additional term.
(h) (j) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy in the same manner as the original appointment or
election. Except in the case of a vacancy, all elections shall be
held and all appointments shall be made no later than the thirtieth
day of June preceding the commencement of the term. except the
election of officers for the term beginning in July, two thousand
one shall be made that July Each board of governors shall elect
one of its appointed lay members to be chairperson in June of each
year. No member may A member may not serve as chairperson for more
than two consecutive years.
(i) (k) The appointed members of the institutional boards of
governors shall serve staggered terms of the initial appointments
by the governor to each of the institutional boards of governors,
two shall be appointed for terms of one year, two shall be appointed for terms of two years, two shall be appointed for terms
of three years and three shall be appointed for terms of four
years: Provided, That for the initial appointments to the
governing boards of Marshall university and West Virginia
university, three shall be appointed for terms of one year, three
shall be appointed for terms of two years, three shall be appointed
for terms of three years and three shall be appointed for terms of
four years. After the initial appointments, all appointees shall
serve for terms of four years.
(j) No person shall be eligible
(l) A person is ineligible for appointment to membership on a
board of governors who if the person is an officer, employee or
member of any other board of governors, a member of an
institutional board of advisors of any public institution of higher
education, an employee of any institution of higher education, an
officer or member of any political party executive committee, the
holder of any other public office or public employment under the
government of this state or any of its political subdivisions or a
member of the council or commission. Provided, That this
subsection shall not be construed to This subsection does not
prevent the representatives from the faculty, classified employees,
or students or the superintendent superintendents of a county board
boards of education from being members of the governing boards.
(k) (m) Before exercising any authority or performing any
duties as a member of a governing board, each member shall qualify as such by taking and subscribing to the oath of office prescribed
by section five, article IV of the constitution of West Virginia
and the certificate thereof shall be filed with the secretary of
state.
(l) No (n) A member of a governing board appointed by the
governor may not be removed from office by the governor except for
official misconduct, incompetence, neglect of duty or gross
immorality and then only in the manner prescribed by law for the
removal of the state elective officers by the governor.
(m) (o) The president of the institution or chancellor of the
university governing board shall make available resources of the
institution for conducting the business of it's the board of
governors. The members of the board of governors shall serve
without compensation, but shall be reimbursed for all reasonable
and necessary expenses actually incurred in the performance of
their official duties under this article upon presentation of an
itemized sworn statement of their expenses. All expenses incurred
by the board of governors and the institution under this section
shall be are paid from funds allocated to the institution for that
purpose.
§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, Until the first day of July, two thousand five, the
governing boards of the state colleges and universities are subject
to the supervision of the chancellor executive director of the
commission. The chancellor executive director is 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) Until the first day of July, two thousand five, the
governing boards and the state board of education shall provide any
and all information requested by the chancellor executive director
in a timely manner. Thereafter, the governing boards and the state
board of education shall provide information requested by the
commission or by the council as necessary to enable them to carry
out the duties and responsibilities assigned to them by law.
§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 shall develop their master plans subject to the
provisions of section one, article six of this chapter 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 appropriate, but the ultimate
responsibility for approving the final version of the institutional
master plans, including periodic updates, resides with the
commission, the council, or, effective the first day of July, two
thousand five, the university governing boards. Each master plan
shall include, but not be limited to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional
institution's compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(3) Documentation of the involvement of the commission or
council, as appropriate, and the branch campuses, institutional
constituency groups, and clientele of the institution and the
general public in the development of all segments of the institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including 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) Effective the first day of July, two thousand five, show
how each university governing board plans to identify, develop,
support and maintain centers of excellence at each branch campus
under its jurisdiction;
(d) (e) 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) (f) Consider, revise and submit to the commission a budget
request on behalf of the institutions under its jurisdiction except
that effective the first day of July, two thousand four, and
thereafter, governing boards of the community and technical
colleges shall submit their budget requests to the council;
(f) (g) 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 work force needs of its
responsibility consortia planning district. As a part of the
review, each governing board shall require the institutions under
its jurisdiction to conduct periodic studies of its their 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) (h) 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 appropriately 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 the extent appropriate, to any
other state institution of higher education for credit with the
grade earned;
(h) (i) 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 institutions 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 chancellor commission may
facilitate an agreement among the governing boards may to select
and utilize one nationally recognized teacher education program
accreditation standard as the appropriate standard for program
evaluation;
(i) (j) Utilize faculty, students and classified employees
from all campuses under their jurisdiction in institutional-level
planning and decision making when those groups are affected;
(j) (k) 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 administer a system for the management of
personnel matters for the institutions under their jurisdiction,
including, but not limited to, personnel classification,
compensation, and discipline; for employees of the institutions
under their jurisdiction
(k) (l) Administer a system for hearing employee grievances
and appeals. Notwithstanding any other provisions 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 article six-a, chapter twenty-nine 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 chancellor appropriate executive director
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) (m) Solicit and utilize or expend voluntary support,
including financial contributions and support services, for the
institutions under its jurisdiction;
(m) (n) Appoint a president or other administrative head for
the institutions under its jurisdiction subject to the provisions
of section six, article one-b of this chapter;
(n) (o) Conduct written performance evaluations of each
institution's president administrative heads of the institutions
under its jurisdiction pursuant to section six, article one-b of
this chapter;
(o) (p) Submit to the commission or the council, as
appropriate, no later than the first day of November of each year
an annual report of the performance of the institutions under its jurisdiction during the previous fiscal year as compared to stated
goals in its master plan and institutional compact;
(p) (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;
(q) (r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this
chapter;
(r) (s) Delegate, with prescribed standards and limitations,
the part of its power and control over the business affairs of a
particular institution under its jurisdiction to the president or
other administrative head of the institution 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 notify the
chancellor legislative oversight commission on education
accountability. Any such delegation of power and control may be
rescinded by the appropriate governing board or the chancellor at any time, in whole or in part;
(s) (t) Unless changed by the chancellor The governing boards
shall continue to abide by existing rules setting forth standards
for acceptance of advanced placement credit for their respective
institutions until such time as these rules are amended in
accordance with article three-a, chapter twenty-nine-a of this
code. With the approval of the faculty senate, 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;
(t) (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;
(u) (v) The governing boards, in consultation with the
chancellor and the council, if appropriate, 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;
(v) (w) 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. 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; and
(w) (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 and branch campuses, 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.
§18B-2A-6. Additional powers and duties of university governing
boards.
Effective the first day of July, two thousand five, in
addition to the general powers and duties of institutional
governing boards granted pursuant to section four of this article
and in addition to such powers and duties as are authorized in this
chapter to be exercised jointly or in cooperation with or
collaboration with the commission or the council or both, the
university governing boards each has the following powers and
duties:
(a) 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;
(b) To share resources and to coordinate the instruction,
student services and facilities and equipment, and other
education-related programs and services of the branch institutions
under their jurisdiction;
(c) To determine the mission of the institution and,
specifically, address changes in the areas of research, graduate
education, baccalaureate education, revised admission requirements,
and such other areas as the governing boards determine appropriate.
When making any determinations about changes in the missions of West Virginia state college of Marshall university or Bluefield
state college of Marshall university, the governing board shall
exercise great care to preserve the history and culture of these
two important institutions;
(d) To reduce duplication of programs and services by sharing
resources among and between the branch campuses and the main campus
of the university;
(e) To provide any information requested by the commission in
a timely manner, to be used in developing, or to be included in,
the statewide report card required in section eight, article one-b
of this chapter;
(f) In the case of university governing boards with branch
campuses under their jurisdiction:
(1) To meet with each advisory board of the institutions under
its jurisdiction pursuant to the provisions of section seven of
this article and develop a plan for centers of excellence at each
branch institution;
(2) In collaboration with the advisory boards of the branch
campuses, to develop a comprehensive integration and implementation
plan, including estimates of cost savings. The plan shall include
strategies to accomplish at least the following:
(A) Meeting the mandates of subsection (c) of this section and
of section seven of this article;
(B) Consolidating or coordinating administrative and student
services;
(C) Consolidating purchasing of goods and services and
management of facilities;
(D) Consolidating, coordinating or discontinuing academic
programs and degree offerings, as the governing board determines
appropriate to reduce duplication and cost;
(E) Integrating and sharing faculty and staff to ensure
highest levels of productivity between, among and within
institutions;
(F) Maximizing federal and private funds; and
(G) Developing articulation agreements among all institutions
under the jurisdiction of the governing board to guarantee that
student course work transfers appropriately throughout the
university system;
(3) To prepare and approve a preliminary report of the
comprehensive integration and implementation plan for the
legislative oversight commission on education accountability no
later than the first day of December, two thousand five. Each
governing board shall make a final report to the legislative
oversight commission on education accountability no later than the
first day of October, two thousand six. Each governing board, in
consultation with the advisory boards of the institutions under its
jurisdiction, may update the comprehensive integration and
implementation plan as it considers necessary. Each update shall
be transmitted to the legislative oversight commission on education
accountability together with a brief executive summary outlining changes within thirty days after the governing board approves the
plan update.
§18B-2A-7. Centers of excellence in higher education; purpose;
mission; meetings and plan required.
(a) The Legislature finds that it is in the best interests of
the citizens of the state for each baccalaureate institution of
higher education to identify and concentrate resources on those
instructional areas or programs in which they have gained a high
degree of regional or national recognition for excellence.
Developing centers of excellence at each branch campus encourages
the institutions to concentrate resources on the selected program
or programs which they do best and through which they can return
the most benefit to the state and the regional areas they serve.
(b) The mission of each center of excellence is to promote
effective teaching and learning through education, training,
research and information dissemination. All parties involved in
the center of excellence bring to the partnership their special
expertise of strategic importance to the program and, ultimately,
to the citizens of West Virginia.
(c) The purpose of the centers of excellence is to enable an
institution to provide state-of-the-art post-secondary education
opportunities in those areas in which the institution excels. The
institution may choose a multi-disciplinary or inter-disciplinary
approach. The course of study may lead to a degree, but also may
be a program of shorter duration from which students obtain a variety of credentials. In addition to providing high quality
classroom instruction and any other services the university
governing boards consider appropriate, the centers of excellence
may develop model programs, conduct research, disseminate
information, and provide in-service training for educators in the
specific areas in which the centers of excellence have demonstrated
expertise.
(d) Effective the first day of July, two thousand five, the
Legislature directs the university governing boards to identify,
develop, support and maintain these centers of excellence at each
branch campus under their jurisdiction. By the first day of
September, two thousand five, and as often thereafter as necessary,
each university governing board shall meet with the advisory board
of each branch campus under its jurisdiction for the purpose of
developing a strategic plan to accomplish the following goals:
(1) To identify the program or programs at each branch campus
to be considered as a center of excellence;
(2) To reach a contractual agreement between the university
governing board and the baccalaureate branch campus, its
administrators, faculty and staff to develop the centers of
excellence so identified. The contract shall include an agreement
by the university governing board that it will make every effort to
support the programs identified as centers of excellence and to
maintain the centers of excellence at the branch campus location
where they exist on the effective date of this section; and
(3) To redefine the mission and budget priorities of the
university governing board to reflect an emphasis on the identified
centers of excellence;
(e) Each university governing board shall submit its plan for
developing centers of excellence as part of the comprehensive
integration and implementation plan required pursuant to section
six, article two-a of this chapter and shall reflect the goals of
the plan in its institutional compact required pursuant to article
one-a of this chapter and its master plan required pursuant to
section one, article six of this chapter.
18B-2B-2. Definitions.
The following words when used in this article have the meaning
hereinafter ascribed to them unless the context clearly indicates
a different meaning:
(a) "Adult basic education" means adult basic skills education
designed to improve the basic literacy needs of adults, including
information processing skills, communication skills and
computational skills, leading to a high school equivalency diploma,
under the jurisdiction of the state board of education.
(b) "Post-secondary vocational-technical-occupational
education" means any course or program beyond the high school level
that results in, or may result in, the awarding of a two-year
associate degree, certificate or other credential from an
institution under the jurisdiction of a governing board or other
public or private education provider.
(c) "Secondary vocational-technical-occupational education"
means any course or program at the high school level that results
in, or may result in, a high school diploma or its equivalent,
under the jurisdiction of the state board of education.
(d) "Vice chancellor" means the vice chancellor for community
and technical college education and work force development
"Executive director" in this context means the chief executive
officer of the West Virginia council for community and technical
college education employed pursuant to section five, article one-b
of this chapter. Any reference in this code to the vice chancellor
for community and technical college education and work force
development means the executive director.
(e) "West Virginia Council for Community and Technical College
Education" or "council" means the council established pursuant to
section three of this article. On and after the effective date of
this article Any reference in this code to the joint commission
for vocational-technical-occupational education means the West
Virginia council for community and technical college education.
18B-2B-3. West Virginia council for community and technical
college education; employment of chancellor; chief
executive officer.
(a) Effective the first day of July, two thousand one, the
West Virginia joint commission for vocational-technical-
occupational education is reconstituted as the West Virginia
council for community and technical college education. Any reference in this code to the joint commission for
vocational-technical-occupational education means the West Virginia
council for community and technical college education.
(a) There is established the West Virginia council for
community and technical college education. The council has all the
powers and duties formerly assigned by law to the joint commission
for vocational-technical-occupational education in a prior
enactment of this article prior to the effective date of this
section and such other powers and duties as may be assigned by law.
or by the commission
(b) The council is subject to the jurisdiction of the
commission established in article one-b of this chapter. The vice
chancellor The council shall employ an executive director who
serves as chief executive officer of the council at the will and
pleasure of the council. The chancellor shall be compensated at a
level set by the council but not to exceed two hundred thousand
dollars per year.
(1) On the effective date of this section, the vice chancellor
for community and technical college education and work force
development becomes the executive director. As executive director,
the former vice chancellor maintains all benefits of employment
held, accrued and afforded as the vice chancellor for community and
technical college education and work force development. Such
benefits include, but are not limited to, retirement benefits,
continued membership in the same retirement system, any insurance coverage, and sick and annual leave. For the purposes of leave
conversion established in section thirteen, article sixteen,
chapter five of this code, the chancellor is not a new employee,
and the prohibition on conversion does not apply if the chancellor
was eligible for leave conversion while serving as vice chancellor
on the thirtieth day of June, two thousand four.
(2) On the effective date of this section, for the purpose of
said section thirteen, the executive director;
(A) Maintains all sick and annual leave accrued, and all
rights to convert the leave that had been accrued as vice
chancellor; and
(B) Continues to maintain the status for eligibility under the
provisions and application of said section as applied while serving
as vice chancellor on the thirtieth day of June, two thousand four.
(c) The council may set qualifications for the position of
executive director in addition to these outlined below and shall
evaluate the executive director semi-annually during the first two
years of employment and annually thereafter. When a vacancy occurs
in the position of executive director, the council shall appoint an
acting executive director and shall conduct a thorough search for
qualified candidates. The council shall decide whether the acting
executive director may be considered as a candidate for the
position. A qualified candidate is one who meets at least the
following criteria:
(1) Possesses a strong academic and administrative background;
(2) Demonstrates excellent communication skills;
(3) Demonstrates proficiency in building trust and consensus
with citizens, policymakers, education professionals, and
constituent groups;
(4) Has significant experience and an established reputation
as a professional in the field of community and technical college
education;
(5) Is free of institutional or regional biases; and
(6) Holds or retains no other administrative position within
the state system of higher education while employed as executive
director unless so authorized by law.
§18B-2B-4. Appointment, composition and terms of council.
(a) On the effective date of this section, the joint
commission for vocational-technical-occupational education is
reconstituted as the West Virginia council for community and
technical college education and all terms of members appointed by
the governor prior to the effective date of this section expire
upon the appointment by the governor of all the members required to
be appointed by this section.
(b) (a) The council is comprised of eight twelve members
selected as follows:
(1) Three Eight members appointed by the governor, with the
advice and consent of the Senate. One member shall be appointed
from each community and technical college consortia district as
established in section four of this article.
(2) Two members appointed by the governor from a list of six
persons nominated by the president of the Senate: Provided, That
no more than two nominees may be from the same congressional
district and no more than three may be from the same political
party;
(3) Two members appointed by the governor from a list of six
persons nominated by the speaker of the House of Delegates:
Provided, That no more than two nominees may be from the same
congressional district and no more than three may be from the same
political party; and (4)
(2) The executive director of the West Virginia business
roundtable;
(3) The executive director of the West Virginia development
office, or designee;
(4) The chair of the higher education policy commission who
serves as an ex officio, nonvoting member of the council; and
(5) The assistant superintendent for technical and adult
education of the state department of education who serves as an ex
officio, nonvoting member of the council;
(c) The governor may, but is not required to reappoint any
person who was a member of the joint commission immediately prior
to the effective date of this section: Provided, That the
individual selected is otherwise eligible to serve.
(d) All appointed members shall be citizens
(b) Any appointed member shall be a citizen of the state, shall represent the public interest and shall be persons who
understand and be committed to achieving the goals and objectives
set forth in section one-a, article one of this chapter, the
essential conditions for community and technical college education
programs and services set forth in article three-c of this chapter,
and the goals for secondary and post-secondary
vocational-technical-occupational and adult basic education in the
state. The appointed members All appointed members shall represent
the interests of the business, labor and employer communities and
demonstrate knowledge of the education needs of the various
regions, attainment levels and age groups within the state.
(e) (c) The governor may not appoint any person to be a member
of the council who is an officer, employee or member of an advisory
board of any state college or university, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions, an appointee or
employee of any governing board or an immediate family member of
any employee under the jurisdiction of the commission or any
governing board. No individual may An individual may not serve on
the council who if that individual is engaged in providing, or
employed by a person or company whose primary function is to
provide, work force development services and activities. Of the
members appointed by the governor, no more than four thereof may
belong to the same political party and no more than three may be
appointed from any congressional district.
(f) (d) Members of the council shall serve for staggered terms
of four years. except that of the original appointments, one
member shall be appointed for one year; two members shall be
appointed for two years; two members shall be appointed for three
years; and two members shall be appointed for four years. No
member may serve more than two consecutive full terms nor may any
member be appointed to a term which results in the member serving
more than eight consecutive years Notwithstanding the provisions
of subdivision (1), subsection (a) of this section, on the
effective date of this section any current member of the council
maintains his or her appointment to the council, and continues to
serve for the remainder of the term for which originally appointed.
Any additional appointment required by the provisions of said
subdivision (1) shall represent a consortia district not otherwise
represented on the council.
18B-2B-5. Meetings and compensation.
(a) The vice chancellor shall call the initial meeting of the
council and preside until a chairperson is selected. The members
shall elect a chairperson from among the persons appointed by the
governor. The council shall hold at least eight meetings annually
and may meet more often at the call of the chairperson. One such
meeting shall be a public forum for the discussion of the goals and
standards for work force development, economic development, and
vocational education in the state.
(b) The council shall hold an annual meeting each June for the purpose of electing officers for the next fiscal year. At the
annual meeting, the council shall elect from its appointed members
a chairperson and other officers as it may consider necessary or
desirable. Provided, That the initial meeting for the purpose of
selecting the first chairperson and other officers shall be held
during July, two thousand one, or as soon thereafter as practicable
The chairperson and other officers shall be are elected for a
one-year two-year term commencing on the first day of July
following the annual meeting and may serve no more than two
consecutive terms. Current officers of the council who would be
ineligible for reelection as officers under the prior provisions of
this section, if reelected, may serve an additional two-year term.
Provided, however, That the terms of officers elected in July, two
thousand one, begin upon election and end on the thirtieth day of
June, two thousand two. The chairperson of the board may serve no
more than two consecutive terms as chair
(c) Members of the council shall serve without compensation,
but shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their official duties under
this article upon presentation of an itemized sworn statement of
their expenses. except that the An ex officio member of the
council who is an employee of the state shall be reimbursed by the
employing agency.
(d) A majority of the members appointed constitutes a quorum
for conducting the business of the council. All action taken by the council shall be by majority vote of the members present.
§18B-2B-6. Powers and duties of the council.
(a) The council has all the powers and duties assigned to the
joint commission prior to the effective date of this article as set
forth in the provisions of section two, article two-b, chapter
eighteen of this code and such other powers and duties as may be
assigned by law or by the commission. Authority granted under that
section to the joint commission as
(a) The council a state-level coordinating board with limited
regulatory functions, exercising the powers and duties prescribed
in this article and article two-c of this chapter in relation to
public institutions of higher education which offer primarily
community and technical college education and work force
development programs as defined in section two, article one of this
chapter. The council has specific responsibility for advocating
for community and technical college education at the state level
and for collecting data, conducting research and advising
policymakers on statewide community and technical college education
and work force development initiatives and incentive funding, on
general issues in public community and technical college education
and work force development and on issues of resource allocation
involving multiple governing boards. The council shall exercise
its authority and carry out its responsibilities in a manner that
is consistent with and not in conflict with the powers and duties
assigned by law to the commission and, effective the first day of July, two thousand five, the university governing boards.
(b) The council is the sole agency responsible for the
administration of vocational-technical-occupational education and
community and technical college education in the state. is hereby
transferred to the council. (b) Under the supervision of the
commission
(b) As relates to the authority established in subsection (a)
of this section, the council has the following powers and duties:
(1) Collaborate with the commission and the university
governing boards, to develop, oversee and advance the public policy
agenda 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 ten of this article
for the purpose of accomplishing the mandates of this section;
(2) Jointly with the commission and the university governing
boards, develop, oversee and advance the implementation 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) Establish for incorporation into the financing policy for
higher education in West Virginia a plan for strategic funding to
strengthen capacity for support of community and technical college
education;
(3) Jointly with the commission and the university governing
boards, 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, the council and the
university governing boards 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
(1) To develop and recommend to the commission
(4) To develop for inclusion in the statewide public agenda,
a plan for raising education attainment, increasing adult literacy,
promoting work force and economic development and ensuring access
to advanced education for the citizens of West Virginia;
(2) (5) To provide statewide leadership, coordination,
support, and technical assistance to the community and technical
colleges and to provide a focal point for visible and effective
advocacy for their work and for the public agenda adopted jointly
by the commission, the council and the university governing boards.
This responsibility includes, but is not limited to:
(A) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education under the council's jurisdiction; and
(B) Holding the higher education institutions community and
technical colleges and the higher education community and technical
college system as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(3) To review and approve
(6) To review and adopt annually all institutional compacts
for the community and technical colleges prior to their submission
to the commission for final approval pursuant to the provisions of
section two, article one-a of this chapter;
(7) Serve as the accountability point:
(A) For the governor for implementation by the community and technical colleges of their role in advancing the public policy
agenda; and
(B) For the Legislature by maintaining a close working
relationship with the legislative leadership and the legislative
oversight commission on education accountability;
(8) Promulgate legislative rules in accordance with article
three-a, chapter twenty-nine-a of this code to fulfill the specific
and limited purposes for which the council has been given
authority;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure achievement by the institutions
under its jurisdiction towards state policy priorities and
institutional missions;
(10) Review the progress of community and technical colleges
in every region of West Virginia. The review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
(11) 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 the community and technical college
system 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 system as a whole in meeting the goals
and objectives set forth in section one-a, article one of this
chapter;
(B) Recommendations of the council for statutory changes
necessary to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) To work jointly with the council and the university
governing boards, as appropriate, to establish a formal process for
identifying needs for capital investments and for determining
priorities for these investments;
(13) To develop guidelines jointly with the council and the
university governing boards for institutions to follow concerning
extensive capital projects. The guidelines shall provide a process
for developing capital projects, including, but not limited to, the
notification by an institution to the commission, the council or
the university governing boards, as appropriate, 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, the council or
the university governing boards, as appropriate. 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;
(14) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
(15) Acquire legal services as are considered necessary,
including representation of the council, 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 council may, but is not
required to, call upon the attorney general for legal assistance
and representation as provided by law;
(16) Employ an executive director pursuant to section three of
this article;
(17) Provide suitable offices in Charleston for the executive
director and other staff;
(18) Approve the total compensation package from all sources
for presidents of community and technical colleges, as proposed by
the governing boards. The governing boards must obtain approval
from the council of the total compensation package both when
presidents are employed initially and subsequently when any change
is made in the amount of the total compensation package;
(19) Establish and implement policies and programs, jointly
with the community and technical colleges, 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;
(20) Seek out and attend regional and national meetings and
forums on education and work force development related topics, as
in the council'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;
(21) Assess community and technical colleges, as the council
finds necessary, for the payment of expenses of the council or for
the funding of statewide higher education services, obligations or
initiatives related solely to community and technical college
education;
(22) Assume the prior authority of the commission in examining
and approving tuition and fee increase proposals submitted by
community and technical college governing boards as provided in
section one, article ten of this chapter;
(4) To consider and submit to the commission a budget
(23) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government, a single
budget for community and technical college education that reflects
recommended appropriations for community and technical colleges
that:
(A) Includes recommended appropriations;
(B) Considers the progress of each institution toward meeting
the essential conditions set forth in section three, article
three-c of this chapter, including independent accreditation; and
(C) (B) Considers the progress of each institution toward
meeting the goals established in its institutional compact;
(5) To make recommendations to the commission for approval of
the administration and distribution of
(24) Administer and distribute the independently-accredited
community and technical college development account;
(6) To design and recommend to the commission
(25) Establish a plan of strategic funding to strengthen
capacity for support of community and technical college education
in all areas of the state;
(7) (26) Foster coordination among all state-level, regional
and local entities providing post-secondary vocational education or
work force development and to coordinate all public institutions
and entities that have a community and technical college mission;
(8) To assume on behalf of the commission
(27) Assume the principal responsibility for overseeing the implementation of the step-by-step process for achieving
independent accreditation and for meeting the essential conditions
pursuant to article three-c of this chapter;
(9) To participate in the selection of administrative heads
of the community and technical colleges; as directed by the
commission
(28) Advise and consent in the appointment of the presidents
of the community and technical colleges pursuant to section six,
article one-b of this chapter. The role of the council in
approving a 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;
(10) (29) To Provide a single, statewide link for current and
prospective employers whose needs extend beyond one locality;
(11) (30) To Provide a mechanism that serves two or more
institutions to facilitate joint problem-solving in areas
including, but not limited to:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across
the state;
(C) Providing one-stop service for workforce training to be
delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and
collaborative ventures;
(12) (31) To Provide support and technical assistance to
develop, coordinate, and deliver effective and efficient community
and technical college education programs and services in the state;
(13) (32) To Assist the community and technical colleges in
establishing and promoting links with business, industry and labor
in the geographic areas for which each of the community and
technical colleges is responsible;
(14) (33) To Develop alliances among the community and
technical colleges for resource sharing, joint development of
courses and courseware, and sharing of expertise and staff
development;
(15) (34) To Serve aggressively as an advocate for development
of a seamless curriculum;
(16) (35) To Cooperate with the governor's P-20 council of
West Virginia to remove barriers relating to transfer and
articulation between and among community and technical colleges,
state colleges and universities, and public education, preschool
through grade twelve;
(17) (36) To Encourage the most efficient utilization use of
available resources; The council for community and technical
college education is responsible for advising the commission on
these issues and making appropriate recommendations
(16) To assist
(37) Coordinate with the commission, and the governing boards
in informing public school students, their parents and teachers of the academic preparation that students need in order to be prepared
adequately to succeed in their selected fields of study and career
plans, including presentation of academic career fairs;
(38) Develop and implement strategies and curriculum for
providing developmental education which shall be applied by any
state institution of higher education providing developmental
education;
(39) Collaboratively with the commission and the university
governing boards, develop and implement an oversight plan to manage
system-wide technology such as the following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning and promoting access to quality
educational offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to nontraditional
students, providing services to business and industry and
increasing the management capabilities of the higher education
system;
(40) Develop, establish and implement policies for licensing
and oversight for both public and private degree-granting and
nondegree-granting institutions that provide post-secondary
education courses or programs below the baccalaureate degree level
in the state;
(17) To assist the commission in developing
(41) Develop a statewide system of community and technical
college programs and services in every region of West Virginia for competency-based certification of knowledge and skills, including
a statewide competency-based associate degree program;
(18) (42) To Review and approve all institutional master plans
for the community and technical colleges; prior to their submission
to the commission for final approval
(19) To recommend to the commission
(43) Establish policies or rules for promulgation that are
necessary or expedient for the effective and efficient performance
of community and technical colleges in the state;
(44) In its sole discretion, transfer any rule, other than a
legislative rule, for which the council has specific authority
granted by law, to the jurisdiction of the governing boards who may
rescind, revise, alter or amend any rule so transferred pursuant to
rules adopted by the council;
(20) To recommend to the commission a set of
(45) Establish benchmarks and performance indicators to apply
to for community and technical colleges to measure institutional
progress toward meeting the goals as outlined in section one-a,
article one of this chapter and in meeting the essential conditions
established in article three-c of this chapter;
(21) To assist the commission staff in developing a separate
section on community and technical colleges
(46) Develop for inclusion in the higher education report
card, as defined in section eight, article one-b of this chapter,
a separate section on community and technical colleges. This section shall include, but is not limited to, evaluation of the
institutions based upon the benchmarks and indicators developed in
subdivision (20) (45) of this subsection;
(22) If approved by the commission to facilitate creation of
the advantage valley community college network subject to the
provisions of paragraph (B), subdivision (6), subsection (c),
section four, article three-c of this chapter; recommended by the
Implementation Board Report
(47) To initiate and facilitate creation of as well as any
other regional networks of affiliated community and technical
colleges that the council finds to be appropriate and in the best
interests of the citizens to be served; if requested by all
affected institutions in that region; as the commission finds to be
appropriate and in the best interests of the citizens to be served
(23) To advise and assist the state board of education and the
commission on
(48) To develop with the state board of education state plans
for secondary and post-secondary vocational-technical-occupational
and adult basic education, including, but not limited to:
(A) Policies to strengthen vocational-technical-occupational
and adult basic education; and
(B) Programs and methods to assist in the improvement,
modernization and expanded delivery of vocational-
technical-occupational and adult basic education programs;
(24) (49) To distribute federal vocational education funding provided under the Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, with an emphasis on the
distribution of distributing financial assistance among secondary
and post-secondary vocational-technical-occupational and adult
basic education programs to help meet the public policy agenda.
In distributing funds, the council shall use the following
guidelines:
(A) The board of education shall continue to be the fiscal
agent for federal vocational education funding;
(B) For the fiscal years beginning on the first day of July,
two thousand one and two thousand two, the percentage split of the
federal allocation for vocational education between the West
Virginia board of education and the commission shall remain the
same as the percentage split that was distributed to the board of
education and the commission for the fiscal year that began on the
first day of July, two thousand;
(C) For the fiscal year beginning on the first day of July,
two thousand three and thereafter,
(B) The percentage split between the board of education and
the commission council shall be determined by rule promulgated by
the council under the provisions of article three-a, chapter
twenty-nine-a of this code. Provided, That The council shall
first obtain the approval of the board of education before
proposing a rule;
(25) (50) To collaborate, cooperate and interact with all secondary and post-secondary vocational-technical-occupational and
adult basic education programs in the state, including the programs
assisted under the federal Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, and the Workforce Investment Act
of 1998, to promote the development of seamless curriculum and the
elimination of duplicative programs;
(26) (51) To coordinate the delivery of vocational-
technical-occupational and adult basic education in a manner
designed to make the most effective use of available public funds
to increase accessibility for students;
(27) (52) To analyze and report to the commission and the West
Virginia board of education on the distribution of spending for
vocational-technical-occupational and adult basic education in the
state and on the availability of vocational-technical-occupational
and adult basic education activities and services within the state;
(28) (53) To promote the delivery of vocational-
technical-occupational education, adult basic education and
community and technical college education programs in the state
which emphasize the involvement of business, industry and labor
organizations;
(29) (54) To promote public participation in the provision of
vocational-technical-occupational education, adult basic education
and community and technical education at the local level, with an
emphasis on emphasizing programs which involve the participation of
local employers and labor organizations;
(30) (55) To promote equal access to quality
vocational-technical-occupational education, adult basic education
and community and technical college education programs to
handicapped and disadvantaged individuals, adults who are in need
of training and retraining, individuals who are single parents, or
homemakers, individuals participating participants in programs
designed to eliminate sexual bias and stereotyping, and criminal
offenders serving in correctional institutions;
(31) (56) To Meet annually between the months of October and
December with the advisory committee of community and technical
college presidents and provosts created pursuant to section eight
of this article to discuss those matters relating to community and
technical college education in which advisory committee members or
the council may have an interest; and
(32) (57) To Accept and expend any gift, grant, contribution,
bequest, endowment or other money for the purposes of this article;
(58) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section and
transferred to the commission are hereby transferred to the council
and shall continue in effect until rescinded, revised, altered or
amended by the council;
(59) Determine when a joint rule among the governing boards of
the community and technical colleges is necessary or required by
law and, in those instances and in consultation with the governing boards, promulgate the joint rule;
(60) Jointly with the commission and the university governing
boards, implement a policy whereby any 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;
(61) Development and implementation of each community and
technical college mission definition;
(62) Academic program review and approval 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;
(63) Development of budget and allocation of resources,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
(64) Acting as the agent to receive and disburse public funds
specifically related to community and technical college education
when a governmental entity requires designation of a statewide
higher education agency for this purpose;
(65) Development, implementation and oversight of statewide
and region-wide projects and initiatives such as those using funds
from federal categorical programs or those using incentive and
performance-based funding from any source when those projects are
specifically related to community and technical college education; and
(66) Quality assurance that intersects with all other duties
of the council particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information
and accountability systems.
(c) The council is authorized to withdraw specific powers of
any governing board under its jurisdiction for a period not to
exceed two years if the council 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 council 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 council,
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 council is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
(d) In addition to the powers and duties provided for in
subsections (a), and (b), (c) and (d) of this section and any other
powers and duties as may be assigned to it by law, or by the commission the council has:
(1) Such other powers and duties as may be necessary or
expedient to accomplish the specific purposes for which the council
has been granted specific authority; of this article; and
(3) Such powers and duties as are authorized in this chapter
to be exercised jointly or in cooperation with or collaboration
with the commission or the university governing boards or both.
§18B-2B-7. Powers and duties of the chief executive officer.
(a) The vice chancellor executive director of the council is
the chief executive officer of the council and as such may exercise
the powers and duties assigned pursuant to subsection (3), section
five, article one-b of this chapter. The vice chancellor has all
powers and duties assigned by law or by the commission and, in
addition by the council, and has the following powers and duties:
(1) To serve as the principal accountability point for the
commission council for implementation of the public policy agenda
as it relates to community and technical colleges;
(2) To serve on behalf of the commission as the liaison to the
council and to the community and technical colleges;
(3) To assume on behalf of the commission the
(2) To assume principal responsibility for directing and
assisting the work of the council; and
(4) With the approval of the commission and the chancellor to
employ
(3) To supervise and direct staff assigned to the council as necessary and appropriate to carry out the duties and
responsibilities of this article.
(A) On the first day of July, two thousand one On the
effective date of this section, all personnel employed on the
thirtieth day of June, two thousand one, within the joint
commission for vocational-technical-occupational education are
hereby transferred to the jurisdiction of the commission and are
under the direct supervision of the vice chancellor and the
chancellor: Provided, That by the commission and under the
supervision of the vice chancellor for community and technical
college education and workforce development on the first day of
January, two thousand four, are transferred to the jurisdiction of
the council and are under the direct supervision of the chancellor.
(B) Prior to the first day of October, two thousand one, no
employee shall four, any such employee, including the chief
executive officer of the council, may not be terminated or have his
or her salary or benefit level reduced as the sole result of the
governance reorganization set forth in this article.
(4) The council shall determine the organization and staffing
positions within the office that are necessary to fulfill the
powers and duties of the council, and jointly with the commission
may employ necessary staff. Such staff are employees of the
commission. Employees transferred to the jurisdiction of the
council pursuant to subdivision (3) of this subsection, are employed by the commission, and are under the direct supervision of
the chief executive officer of the council.
(5) Together with the commission, the council shall employ a
senior administrator pursuant to section two, article four of this
chapter.
(6) On behalf of the council, the executive director 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 to the council by state law.
(7) The executive director is responsible for the day-to-day
operations of the council and has the following responsibilities:
(A) To carry out policy and program directives of the council;
(B) 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;
(C) To prepare and submit to the council for its approval the
proposed budget of the council including the office of the
executive director and necessary staff;
(D) To assist the governing boards under the jurisdiction of
the council 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 of the community and
technical colleges to be filed pursuant to the rule-making procedures provided in article three-a, chapter twenty-nine-a of
this code. The executive director is responsible for ensuring that
any policy which is required to be uniform across the institutions
is applied in a uniform manner; and
(E) To perform all other duties and responsibilities assigned
by the council or by state law.
(8) The executive director shall be reimbursed for all actual
and necessary expenses incurred in the performance of all assigned
duties and responsibilities.
(9) The council is the primary advocate for community and
technical college education and, with the executive director,
advises the Legislature on matters of community and technical
education in West Virginia. Under the supervision of the council,
the executive director 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 community and technical college education issues and
that the council fully understands the goals for higher education
that the Legislature has established by law.
(10) The executive director may design and develop for
consideration by the council 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.
(11) The council and the executive director 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:
(A) Development and implementation of a seamless kindergarten-
through-college system of education; and
(B) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
council and the state board of education, the executive director
serves as an ex officio, nonvoting member of the state board of
education.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
§18B-2C-3. Authority and duty of council to determine progress of
community and technical colleges; conditions;
authority to create West Virginia community and
technical college.
(a) Beginning on the first day of July, two thousand one, and
at least annually thereafter, the commission The council annually
shall review and analyze all the public community and technical
colleges, branches, centers, regional centers, and other delivery
sites with a community and technical college mission to determine
their progress toward meeting the goals and objectives set forth in
section one-a, article one of this chapter and toward advancing the
purposes, goals and objectives set forth in article three-c of this
chapter.
(b) The analysis required in subsection (a) of this section shall be based, in whole or in part, upon the findings made
pursuant to the rule establishing benchmarks and indicators
required to be promulgated by the commission in section two,
article one-a of this chapter council in section six, article two-b
of this chapter.
(c) Based upon their analysis in subsections (a) and (b) of
this section, the commission council shall make a determination
whether any one or more of the following conditions exist exists:
(1) One or more of the component administratively-linked
community and technical colleges required to do so has not
achieved, or is not making sufficient, satisfactory progress toward
achieving the essential conditions, including independent
accreditation;
(2) One or more of the public community and technical
colleges, branches, centers, regional centers, and other delivery
sites with a community and technical college mission requires
financial assistance or other support to meet the goals and
essential conditions set forth in this chapter;
(3) It is in the best interests of the people of the state or
a region within the state to have a single, accredited institution
which can provide an umbrella of statewide accreditation;
(4) It is in the best interests of the people of the state or
a region of the state to have one accredited institution able to
extend accreditation to institutions and entities required to seek
independent accreditation;
(5) One or more of the public community and technical
colleges, branches, centers, regional centers, or other delivery
sites with a community and technical college mission requests from
the commission council the type of assistance which can best be
delivered through implementation of the provisions of section four
of this article. Institutional requests that may be considered by
the commission council include, but are not limited to, assistance
in seeking and/or attaining independent accreditation, in meeting
the goals for post-secondary education established in section
one-a, article one of this chapter, in meeting the essential
conditions set forth in section three, article three-c of this
chapter, or in establishing and implementing regional networks.
(6) One or more public community and technical colleges,
branches, centers, regional centers, or other delivery sites with
a community and technical college mission, has not met, or is not
making sufficient, satisfactory progress toward meeting, the goals
set forth in section one-a, article one of this chapter; and
(7) The council makes a recommendation to the commission
determines that it is in the best interests of the people of the
state or a region of the state to create a statewide,
independently-accredited community and technical college.
(d) The commission council may not make a determination
subject to the provisions of subsection (c) of this section that a
condition does not exist based upon a finding that the higher
education entity lacks sufficient funds to make sufficient, satisfactory progress.
(e) The commission shall prepare By the first day of December
each year, the council shall prepare and file with the legislative
oversight commission on education accountability a written report
on the findings and determinations required by this section, for
the legislative oversight commission on education accountability by
the first day of December, two thousand one, and each year
thereafter together with a detailed history of any actions taken by
the commission council under the authority of this article.
§18B-2C-4. Authority of council in creating West Virginia
community and technical college.
(a) Subject to the provisions of subsection (c), section three
of this article, if the commission council makes a determination
that one or more of the conditions exists, then the commission
council is authorized to create the West Virginia community and
technical college.
(b) As soon as practicable after the commission council
determines that the college should be created, the commission
council shall notify the governor, the president of the Senate, the
speaker of the House of Delegates and the legislative oversight
commission on education accountability of the proposed actions.
Provided, That the commission shall conduct a study regarding the
procedures, findings and determinations considered necessary prior
to any creation of the college and shall report its findings to the
legislative oversight commission on education accountability. no later than the first day of December, two thousand one: Provided,
however, That the commission may not create the college prior to
the report being received by the legislative oversight commission
on education accountability
(c) The commission On or before the first day of December of
the year in which the college is created, the council shall certify
to the legislative oversight commission on education accountability
on or before the first day of December of the year in which the
college is created proposed legislation to accomplish the purposes
of this article for those matters requiring statutory change.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-2. Purposes of article.
The general purposes of this article are the following:
(a) To establish a system of state community and technical
college education that is well articulated with the public schools
and four-year colleges; that makes maximum use of shared
facilities, faculty, staff, equipment and other resources; that
encourages traditional and nontraditional students and adult
learners to pursue a life-time of learning; that serves as an
instrument of economic development; and that has the independence
and flexibility to respond quickly to changing needs;
(b) To charge the respective governing boards with providing
community and technical college education at state institutions of
higher education under their jurisdiction that has the
administrative, programmatic and budgetary control necessary to allow maximum flexibility and responsiveness to district and
community needs. Education services shall be provided consistent
with the goal of sharing facilities, faculty, staff, equipment and
other resources within and among the districts, the other systems
of public and higher education and other education and training
programs;
(c) To establish the essential conditions for community and
technical college programs and services, as defined in section
three of this article, necessary to ensure that each region of West
Virginia is served by a community and technical college meeting the
needs of the people of the region;
(d) To establish a mechanism for assuring that, where
applicable, a transition plan for meeting the essential conditions
is developed by each relevant community and technical college;
(e) To establish responsibility community and technical
college consortia districts for each of the community and technical
colleges to ensure accountability that the full range of community
and technical college education programs and services is provided
in all areas of the state, including the implementation of seamless
curricula and the West Virginia EDGE "Earn a Degree Graduate Early"
program;
(f) To define the full range of programs and services that
every each community and technical college has the responsibility
to provide; and
(g) To establish such other policies and procedures necessary to ensure that the needs of West Virginia, its people and its
businesses are met for the programs and services that can be
provided through a comprehensive system of community and technical
colleges.
§18B-3C-3. Essential conditions for community and technical
college programs and services.
The Legislature hereby establishes the following essential
conditions for community and technical college programs and
services:
(a) Independent accreditation by the commission on
institutions of higher education of the north central association
of colleges and schools (NCA) by the first day of July, two
thousand five reflecting external validation that academic
programs, services, faculty, governance, financing and other
policies are aligned with the community and technical college
mission of the institution;
(b) A full range of community and technical college services
offered as specified in section six of this article;
(c) Programmatic approval consistent with the provisions of
section nine of this article;
(d) A fee structure competitive with its peer institutions;
(e) Basic services, some of which may be obtained under
contract with existing institutions in the region. These basic
services shall include, but are not limited to, the following:
(1) Student services, including, but not limited to, advising, academic counseling, financial aid and provision of the first line
of academic mentoring and mediation;
(2) Instructional support services;
(3) Access to information and library services;
(4) Physical space in which courses can be offered;
(5) Access to necessary technology for students, faculty and
mentors;
(6) Monitoring and assessment; and
(7) Administrative services, including, but not limited to,
registration, fee collection and bookstore and other services for
the distribution of learning materials;
(f) A provost president who is the chief academic and
administrative executive officer of the community and technical
college appointed and serving pursuant to the terms of section six,
article one-b of this chapter. The provost shall report president
reports directly to the president of the institution and shall have
appropriate direct contact with the institutional board of
governors and serves at the will and pleasure of the governing
board; It is the responsibility of the board of governors to
provide sufficient time on its agenda for each provost of a
component community and technical college at each meeting for the
president to discuss issues relevant to the mission of the
component
(g) An institutional board of governors or an institutional
board of advisors, as appropriate, appointed and serving as required by law;
(h) A full-time core faculty, complemented by persons engaged
through contract or other arrangements, including:
(1) College and university faculty, to teach community college
courses; and
(2) Qualified business, industry and labor persons engaged as
adjunct faculty in technical areas;
(i) A faculty personnel policy, formally established to be
separate and distinct from that of other institutions, which
includes, but is not limited to, appointment, promotion, workload
and, if appropriate, tenure pursuant to section nine of this
article. These policies shall be appropriate for the community and
technical college mission and may not be linked to the policies of
any other institution;
(j) Community and technical colleges designed and operating as
open-provider centers with the authority and flexibility to draw on
the resources of the best and most appropriate provider to ensure
that community and technical college services are available and
delivered in the region in a highly responsive manner. A community
and technical college may contract with other institutions and
providers as necessary to obtain the academic programs and
resources to complement those available through a sponsoring
college, where applicable, in order to meet the region's needs;
(k) Separately identified state funding allocations for each
of the community and technical colleges; The provost of the community and technical college has
(l) Full budgetary authority for the entity president of the
institution, subject to accountability to its governing board,
including authority to retain all tuition and fees generated by the
community and technical college for use to carry out its mission.
§18B-3C-4. Community and technical college consortia planning
districts.
(a) Unless otherwise designated, the president of each
community and technical college facilitates the formation of
community and technical college consortia in the state, which
includes representatives of community and technical colleges,
public vocational-technical education centers, and public
baccalaureate institutions offering associate degrees. The
community and technical college consortium shall:
(1) Complete a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short and long-term work force development needs of the
district;
(2) Coordinate efforts with regional labor market information
systems to identify the ongoing needs of business and industry,
both current and projected, and to provide information to assist in
an informed program of planning and decision making;
(3) Plan and develop a unified effort between the community
and technical colleges and public vocational-technical education to
meet the documented work force development needs of the district through individual and cooperative programs, shared facilities,
faculty, staff, equipment and other resources and the development
and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the
work force needs are met, develop new programs and phase out or
modify existing programs as appropriate to meet such needs,
streamline procedures for designing and implementing customized
training programs;
(5) Increase the integration of secondary and post-secondary
curriculum and programs that are targeted to meet regional labor
market needs, including implementation of seamless curricula
project in all major career pathways and the West Virginia "EDGE"
Earn a Degree Graduate Early program;
(6) Plan and implement integrated professional development
activities for secondary and post-secondary faculty, staff and
administrators;
(7) Ensure that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing student
credentialing;
(8) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating coursework in which they already possess competency;
(9) Cooperate with work force investment boards in establishing one-stop-shop career centers with integrated
employment and training and labor market information systems that
enable job seekers to assess their skills, identify and secure
needed education training and secure employment and employers to
locate available workers;
(10) Increase the integration of adult literacy, adult basic
education, federal work force investment act and community and
technical college programs and services to expedite the transition
of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(b) The community and technical college education consortium
shall cooperate with the regional work force investment board in
the district and shall participate in any development or amendment
to the regional work force investment plan.
(c) To carry out the provisions of this section, community and
technical college consortia planning districts are established and
defined as follows:
(1) Northern Panhandle Community and Technical College
District includes Hancock, Brooke, Ohio, Marshall and Wetzel
counties.
(A) The facilitating institution is West Virginia northern
community and technical college.
(B) Participating institutions include West Virginia northern community and technical college; John Marshall high school; Cameron
high school; John D. Rockefeller center; and other public
vocational technical schools offering post-secondary programs.
(2) North central West Virginia community and technical
college district includes Monongalia, Marion, Preston, Taylor,
Barbour, Randolph, Doddridge, Harrison, Braxton, Lewis, Calhoun,
Gilmer and Upshur counties.
(A) The facilitating institution is Fairmont state community
and technical college.
(B) Participating institutions include Fairmont state
community and technical college; Glenville state college; Randolph
county vocational-technical center; Monongalia county technical
education center; United technical center; Marion county technical
center; Fred W. Eberly technical center; and other public
vocational technical schools offering post-secondary programs.
(3) Mid-Ohio valley community and technical college district
includes Tyler, Pleasants, Ritchie, Wood, Wirt, Jackson and Roane
counties.
(A) The facilitating institution is West Virginia University
at Parkersburg.
(B) Participating institutions includes West Virginia
university at Parkersburg; West Virginia northern community and
technical college; Roane-Jackson technical center; Gaston Caperton
center; Wood county technical center; and other public vocational
technical schools offering post-secondary programs.
(4) Potomac Highlands community and technical college district
includes Tucker, Pendleton, Grant, Hardy, Mineral and Hampshire
counties.
(A) The facilitating institution is Eastern West Virginia
community and technical college.
(B) Participating institutions include Eastern West Virginia
community and technical college; South Branch career and technical
center; Mineral county technical center; and other public
vocational technical schools offering post-secondary programs.
(5) Shenandoah valley community and technical college District
includes Berkeley, Jefferson and Morgan counties.
(A) The facilitating institution is Shepherd community and
technical college.
(B) Participating institutions include Shepherd community and
technical college; James Rumsey technical institute; and other
public vocational technical schools offering post-secondary
programs.
(6) Advantage Valley community and technical college district
includes Fayette, Kanawha, Clay, Putnam, Cabell, Mason and Wayne
counties.
(A) The facilitating institution is advantage valley community
and technical college.
(B) Participating institutions include advantage valley
community and technical college; Carver career center; Garnet
career center; Ben Franklin career center; Putnam county vocational-technical-occupational center; Cabell county
career-technical center; and other public vocational technical
schools offering post-secondary programs.
(7) Southern Mountains community and technical college
district includes Lincoln, Boone, Logan, Mingo, Wyoming and
McDowell counties.
(A) The facilitating institution is southern West Virginia
community and technical college.
(B) Participating institutions include southern West Virginia
community and technical college; New River community and technical
college; Boone county career and technical center; Wyoming county
vocational-technical center; Ralph R. Willis Career and technical
center; McDowell county career and technology center; Mingo county
vocation-technical center; Charles Yeager technical center; and
other public vocational technical schools offering post-secondary
programs.
(8) Southeastern community and technical college district
includes Raleigh, Summers, Fayette, Nicholas, Webster, Pocahontas,
Greenbrier, Monroe and Mercer counties.
(A) The facilitating institution is New River community and
technical college.
(B) Participating institutions include New River community and
technical college; southern West Virginia community and technical
college; Marshall university institute of technology community and
technical college; Bluefield state college; Academy of careers and technology; Fayette Plateau vocation-technology center; Summers
county high school; Monroe county technical center; Mercer county
technical center; and other public vocational technical schools
offering post-secondary programs.
(d) In the role of the facilitating institution of the
community and technical college district, the college:
(1) Communicates to the council;
(2) Facilitates the delivery of comprehensive community and
technical college education in the region, which includes the seven
areas of comprehensive community and technical college education
delivery as required by section six of this article; and
(3) Facilitates development of statement of commitment signed
by all participating institutions in the region, as to how
community and technical college education will be delivered.
(e) Participating institutions are not subordinate to the
facilitating institution, but will sign the statement of commitment
to participate.
(f) The council shall:
(1) Establish guidelines for community and technical college
consortia development;
(2) Set goals for each consortium based upon legislative goals
for the delivery of comprehensive community and technical college
education; and
(3) Establish a format for development of a consortium compact
outlining plans for achieving stated goals to be submitted to the council for approval on or before the fifteenth day of November,
two thousand four.
(g) On or before the fifteenth day of November, two thousand
four, each consortium shall submit to the council for approval a
compact which outlines plans for obtaining the stated goals. Each
compact shall include the implementation of seamless curricula and
the West Virginia "EDGE" Earn a Degree Graduate Early program, and
be updated annually.
(h) The council annually shall evaluate the progress made in
meeting the compact goals for each community and technical college
consortia through the development and collection of performance
indicator data.
§18B-3C-5. Appointment of community and technical college
presidents.
The administrative head of a community and technical college
shall be is the president or the provost, who shall be who is
chosen pursuant to the terms of section six, article one-b of this
chapter.
§18B-3C-6. Community and technical college programs.
(a) The mission of each community and technical college
includes the following programs which may be offered on or off
campus, at the work site, in the public schools and at other
locations and at times that are convenient for the intended
population:
(1) Career and technical education skill sets certificate, associate of applied science and selected associate of science
degree programs for students seeking immediate employment,
individual entrepreneurship skills, occupational development, skill
enhancement and career mobility;
(2) Transfer education associate of arts and associate of
science degree programs for students whose education goal is to
transfer into a baccalaureate degree program;
(3) Developmental/remedial education courses, literacy
education, tutorials, skills development labs and other services
for students who need to improve their skills in mathematics,
English, reading, study skills, computers and other basic skill
areas;
(4) Work force training and retraining and contract education
with business and industry to train or retrain employees;
(5) Continuing development assistance and education credit and
noncredit courses for professional and self-development,
certification and licensure and literacy training;
(6) Community service workshops, lectures, seminars, clinics,
concerts, theatrical performances and other noncredit activities to
meet the cultural, civic and personal interests and needs of the
community; and
(7) Cooperative arrangements with the public school system for
the seamless progression of students through programs of study
which are calculated to begin at the secondary level and conclude
at the community and technical college level.
(b) All administrative, programmatic and budgetary control
over community and technical education within the district shall be
is vested in the president, subject to rules adopted by the interim
governing board or the chancellor. The president and the provost
council. The president with the institutional board of governors
or institutional board of advisors, as appropriate, shall be is
responsible for the regular review, revision, elimination and
establishment of programs within the district to assure that the
needs of the district for community and technical college programs
are met. It is the intent of the Legislature that the program
review and approval process for community and technical education
be separate and distinct from baccalaureate education and subject
to the provisions of section nine of this article. The president
and institutional board of advisors shall seek assistance from and
utilize a district consortium committee in fulfilling this
responsibility.
(c) Independently accredited community and technical colleges
will serve as higher education centers for their regions by
brokering with colleges, universities and other providers, in state
and out of state to ensure the coordinated access of students,
employers, and other clients to needed programs and services.
§18B-3C-8. Process for achieving independently-accredited community
and technical colleges.
(a) Over a six-year period beginning the first day of July,
two thousand one, West Virginia shall move from having "component" community and technical colleges to having By the first day of
July, two thousand five, West Virginia shall have a statewide
network of independently-accredited community and technical
colleges serving every region of the state. This section does not
apply to the freestanding community and technical colleges, West
Virginia university at Parkersburg and Potomac state college of
West Virginia university.
(b) To be eligible for funds appropriated to develop
independently-accredited community and technical colleges, a state
institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact
approved by the council and the commission a step-by-step plan with
measurable benchmarks for developing an independently-accredited
community and technical college that meets the essential conditions
set forth in section three of this article;
(2) That it is able to offer evidence annually to the
satisfaction of the council and the commission that it is making
progress toward accomplishing the benchmarks established in its
institutional compact for developing an independently-accredited
community and technical college; and
(3) That it has submitted an expenditure schedule approved by
the council and the commission which sets forth a proposed plan of
expenditures for funds allocated to it from the fund.
(c) The following are recommended strategies for moving from
the current arrangement of "component" community and technical colleges to the legislatively mandated statewide network of
independently-accredited community and technical colleges serving
every region of the state. The Legislature recognizes that there
may be other means to achieve this ultimate objective; however, It
is the intent of the Legislature that the move from the current
arrangement of "component" community and technical colleges to the
legislatively-mandated statewide network of
independently-accredited community and technical colleges serving
every region of the state shall be accomplished. The following
recommendations are designed to reflect significant variations
among regions and the potential impacts on the sponsoring
institutions.
(1) New River community and technical college. -- of Bluefield
state college
(A) Bluefield state shall retain its existing mission but
place greater emphasis and priority on its community and technical
college role and serving the citizens of its expanded service
district. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Bluefield state college. Nothing herein
may be construed to require Bluefield state college to discontinue
any associate degree program in areas of particular institutional
strength which are closely articulated to their baccalaureate
programs and missions or which are of a high-cost nature and can
best be provided in direct coordination with a baccalaureate institution.
(B) Effective the first day of July, two thousand three, the
component formerly known as Bluefield state community and technical
college shall become
(A) There is created a multi-campus entity known as New River
community and technical college, administratively linked to
Bluefield state college. The multi-campus community and technical
college shall serve Raleigh, Summers, Fayette, Greenbrier, Clay,
Mercer, McDowell, Monroe, Nicholas, Pocahontas, and Webster
counties and be is headquartered in Beckley. The West Virginia
council for community and technical college education New River
community and technical college shall be an
independently-accredited community and technical college. The
council shall appoint an institutional board of advisors governors,
pursuant to section one, article six of this chapter, for New River
community and technical college which is separate from the
institutional board of governors of Bluefield state college.
(C) Bluefield state college shall take immediate steps to seek
independent accreditation of
(B) By the first day of July, two thousand five, New River
community and technical college including all sites within its
revised service district shall be independently accredited. The
president and the board of governors of New River community and
technical college are responsible for obtaining independent
accreditation of the community and technical college. by the thirty-first day of December, two thousand four The president and
governing board of Bluefield state college are responsible for
assisting the community and technical college in obtaining
independent accreditation status. If the multi-campus entity known
as New River community and technical college has not obtained
independent accreditation by this date, the commission council
shall choose one of the following options:
(i) Create New River as a freestanding community and technical
college and dissolve the administrative link with Bluefield state
college; or
(ii) Assign the responsibility for assisting the community and
technical college in obtaining independent accreditation to another
state institution of higher education.
(D) (C) The president and the board of governors of New River
community and technical college Bluefield state college also are
accountable to the commission council for ensuring that the full
range of community and technical college services is available
throughout the region and that New River community and technical
college adheres to the essential conditions pursuant to section
three of this article.
(E) (D) As an independently-accredited community and technical
college, New River also shall serve as a higher education center
for its region by brokering with other colleges, universities and
other providers, in-state and out-of-state, both public and
private, to ensure the coordinated access of students, employers, and other clients to needed programs and services.
(F) (E) New River community and technical college shall
facilitate the planning and development of a unified effort
involving multiple providers and facilities, including, but not
limited to, Concord college, the college of West Virginia Marshall
university, West Virginia university, West Virginia university
institute of technology, southern West Virginia community and
technical college and other entities to meet the documented
education and work force development needs in the region. Nothing
in this subdivision prohibits or limits any existing, or the
continuation of any existing, affiliation between the college of
West Virginia, West Virginia university institute of technology and
West Virginia university. New River community and technical
college also shall provide the facilities and support services for
other public and private institutions delivering courses, programs
and services in Beckley. The objective is to assure students and
employers in the area that there is coordination and efficient use
of resources among the separate programs and facilities, existing
and planned, in the Beckley area.
(2) Fairmont North central West Virginia state community and
technical college. -- Fairmont North central West Virginia state
community and technical college, formerly Fairmont state community
and technical college, shall be is an independently-accredited
community and technical college. serving Marion, Doddridge,
Barbour, Harrison, Monongalia, Preston, Randolph Taylor, Braxton, Calhoun, Gilmer, Lewis, and Upshur counties. The community and
technical college is developed on the base of the existing
component community and technical college of Fairmont state
college. Subject to the provisions of this section, the president
and the governing board of Fairmont state college the community and
technical college are responsible, according to a plan approved by
the commission council, for step-by-step implementation of the
independently-accredited community and technical college which
adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Fairmont state college. Nothing herein
may be construed to require Fairmont state college to discontinue
any associate degree program Fairmont state college may continue
associate degree programs in areas of particular institutional
strength which are closely articulated to their baccalaureate
programs and missions, or which are of a high-cost nature and can
best be provided in direct coordination with a baccalaureate
institution. Any such program are delivered under the authority of
the council and through contract with the community and technical
college. The terms of the contract are negotiated between the
governing boards of the community and technical college and the
sponsoring institution. The negotiated contract requires the
approval of the council.
(3) Marshall university community and technical college Advantage valley community and technical college. -- Senate Bill
653 created an implementation board charged with the responsibility
to develop a plan, to be recommended to the commission, for the
most effective and efficient method to deliver comprehensive
community and technical college education to the citizens and
employers of the responsibility areas of Marshall university, West
Virginia state college and West Virginia university institute of
technology. Pursuant to the recommendation of the implementation
board and of the commission, Marshall university community and
technical college shall become an independently-accredited
community and technical college. It shall serve Cabell, Kanawha,
Mason, Putnam and Wayne counties. Bluefield state college shall
take immediate steps to seek independent accreditation of the new
community and technical college is developed on the base of the
existing component community and technical college of Marshall
university. Subject to the provisions of this section, the
president and the governing board of Marshall university are
responsible, according to a plan approved by the commission
council, for step-by-step implementation of the new
independently-accredited community and technical college which
adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Marshall university. Nothing herein may
be construed to require Marshall university to discontinue any associate degree program in areas of particular institutional
strength which are closely articulated to their baccalaureate
programs and missions or which are of a high-cost nature and can
best be provided in direct coordination with a baccalaureate
institution.
(A) There is hereby established a multi-campus entity known
as advantage valley community and technical college,
administratively linked to Marshall university. The multi-campus
community and technical college is developed on the base of the
existing community and technical colleges of Marshall university,
West Virginia state college and West Virginia institute of
technology and is headquartered in Huntington. Advantage valley
community and technical college shall be an
independently-accredited community and technical college.
(B) The council shall appoint an institutional board of
governors, pursuant to section one, article six of this chapter,
for advantage valley community and technical college which is
separate from the institutional board of governors of Marshall
university. The board of governors shall appoint a president of
the institution pursuant to the provisions of section six, article
one-b of this chapter.
(C) Advantage valley community and technical college shall be
independently-accredited by the first day of July, two thousand
five. The board of governors of the community and technical
college is responsible for obtaining independent accreditation and the president and the board of governors of Marshall university are
responsible for assisting the community and technical college in
obtaining independent accreditation.
(D) The president and the board of governors of advantage
valley community and technical college are accountable to the
council for ensuring that the full range of community and technical
college services is available throughout the region and that the
community and technical college adheres to the essential conditions
pursuant to section three of this article.
(E) Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Marshall University. Marshall
University may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their baccalaureate programs and mission, or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program is delivered
under the authority of the council and through contract with the
community and technical college. The terms of the contract are
negotiated between the governing boards of the community and
technical college and the sponsoring institution. The negotiated
contract requires the approval of the council.
(4) Shepherd Shenandoah valley community and technical
college. -- Shepherd Shenandoah valley community and technical
college shall become an independently-accredited community and technical college headquartered in Martinsburg. It shall serve
Jefferson, Berkeley and Morgan counties. The new community and
technical college is developed on the base of the existing
component community and technical college of Shepherd college.
Subject to the provisions of this section, the president and the
governing board of Shepherd Shenandoah valley community and
technical college are responsible, according to a plan approved by
the commission council, for step-by-step implementation of the new
independently-accredited community and technical college which
adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Shepherd college. Nothing herein may be
construed to require Shepherd college to discontinue any associate
degree program Shepherd college may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
are delivered under the authority of the council and through
contract with the community and technical college. The terms of
the contract are negotiated between the governing boards of the
community and technical college and the sponsoring institution.
The negotiated contract requires the approval of the council.
(5) West Virginia state community and technical college. -- Senate Bill 653 created an implementation board charged with
the responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia
university institute of technology. Pursuant to the recommendation
of the implementation board and of the commission, West Virginia
state community and technical college shall become an
independently-accredited community and technical college. It shall
serve Kanawha, Putnam and Clay counties. The new community and
technical college is developed on the base of the existing
component community and technical college of West Virginia state
college. Subject to the provisions of this section, the president
and the governing board of West Virginia state college are
responsible, according to a plan approved by the commission, for
step-by-step implementation of the new independently-accredited
community and technical college which adheres to the essential
conditions pursuant to section three of this article. Subject to
the provisions of section twelve of this article, the community and
technical college will remain administratively linked to West
Virginia state college. Nothing herein may be construed to require
West Virginia state college to discontinue any associate degree
program in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution.
Effective the first day of July, two thousand five, West
Virginia state community and technical is integrated into advantage
valley community and technical college.
(6) West Virginia university institute of technology. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia
university institute of technology. Pursuant to the recommendation
of the implementation board and of the commission, West Virginia
university institute of technology community and technical college
shall become an independently-accredited community and technical
college. It shall serve Fayette, Clay, Kanawha, Raleigh and
Nicholas counties. The new community and technical college is
developed on the base of the existing component community and
technical college of West Virginia university institute of
technology. Subject to the provisions of this section, the
president and the governing board of West Virginia university
institute of technology are responsible, according to a plan
approved by the commission, for step-by-step implementation of the
new independently-accredited community and technical college which adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to West Virginia university institute of
technology. Nothing herein may be construed to require West
Virginia university institute of technology to discontinue any
associate degree program in areas of particular institutional
strength which are closely articulated to their baccalaureate
programs and missions or which are of a high-cost nature and can
best be provided in direct coordination with a baccalaureate
institution.
Effective the first day of July, two thousand five, West
Virginia university institute of technology community and technical
college is integrated into advantage valley community and technical
college.
§18B-3C-9. Increasing flexibility for community and technical
colleges.
(a) Notwithstanding any rules or procedures of the governing
boards to the contrary, the community and technical colleges have
the authority and the duty to:
(1) Incorporate the most effective and efficient use of
technology in accessing and delivering courses and programs in
order to make the best use of available resources and to control
costs;
(2) Incorporate a model to offer occupational program curricula in smaller modules to accommodate specific student and
employer needs and to gain sufficient flexibility in formatting
courses;
(3) Serve as a facilitator for education programs from outside
delivery sources to meet the needs of the residents and employers
of the district; and
(4) Employ faculty in the most effective manner to serve the
core mission of the community and technical college.
(A) To that end, the freestanding community and technical
colleges may employ faculty for an indefinite period without a
grant of tenure and shall work toward a staffing goal of no more
than twenty percent of the faculty holding tenure or being
tenure-track employees. Provided, That Tenured faculty employed by
the freestanding community and technical colleges before the first
day of July, one thousand nine hundred ninety-nine, shall not be
are not affected by this provision.
(B) All community and technical colleges, other than those set
forth in paragraph (A) of this subdivision, may employ faculty for
an indefinite period without a grant of tenure. The immediate goal
is to use this provision as a tool to assist the community and
technical colleges in meeting the essential conditions provided for
in section three of this article and in gaining independent
accreditation status. The ultimate goal is to provide the
flexibility community and technical colleges need to meet the needs
of the state by working toward having no more than twenty percent of the core faculty holding tenure or being tenure-track employees.
Provided, That Tenured faculty employed by community and technical
colleges other than freestanding community and technical colleges
on the effective date of this section may are not be affected by
this provision. Provided, however That tenure shall Tenure may
not be denied to a faculty member solely as a result of change in
employing institution necessitated by the change to
independently-accredited community and technical colleges.
(b) The governing boards shall adopt a model of program
approval for the community and technical colleges that permits
occupational programs to be customized to meet needs without
requiring approval by any governing board or other agency of
government. and, furthermore, that incorporates The model shall
incorporate a post-audit review of such programs on a three-year
cycle to determine the effectiveness of such the programs in
meeting district needs.
(c) The interim governing board or the chancellor council
shall promulgate rules to implement the provisions of this section
in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code and shall file these rules for review
and approval with the chancellor office of the secretary of state
no later than the first day of December, two thousand four.
§18B-3C-10. Community and technical colleges; tuition and fees.
(a) During the transition year, beginning the first day of
July, two thousand, and ending the thirtieth day of June, two thousand one, the appropriate governing board may fix tuition and
establish and set such other fees to be charged students at
community and technical colleges as it considers appropriate and
shall pay such tuition and fees collected into a revolving fund for
the partial or full support, including the making of capital
improvements, of any community and technical college. Funds
collected at any such community and technical college may be used
only for the benefit of that community and technical college. The
appropriate governing board also may establish special fees for
such purposes as, including, but not limited to, health services,
student activities, student recreation, athletics or any other
extracurricular purposes. Such special fees shall be paid into
special funds in the state treasury and used only for the purposes
for which collected.
(b) Beginning on the first day of July, two thousand one, The
appropriate
(a) Each governing board may fix tuition and establish and set
such other fees to be charged students at its community and
technical colleges college as it considers appropriate, subject to
the provisions of subdivision (2) of this subsection and article
ten, chapter eighteen-c of this code.
(1) As used in this subsection, "appropriate governing board"
means:
(A) The governing board of the institution, in the case of a
free-standing community and technical college; and
(B) The governing boards of Glenville state college and
Bluefield state college, respectively, in the cases of Glenville
community and technical college and Bluefield community and
technical college; and
(C) The institutional board of advisors in all other cases.
(2) The appropriate governing board, in consultation with the
joint commission also may establish special fees for such purposes
as, including, but not limited to, health services, student
activities, student recreation, athletics or any other
extracurricular purposes. Provided, That the joint commission The
council shall determine which fees, if any, do not apply to the
entire student population and to which students such fees do not
apply. Such special fees may be used only for the purposes for
which collected. (3) A community and technical college may
contract with any other state institution of higher education for
the participation of its students in programs, activities or
services of the other institution and for the use of such fees
collected.
(c) (b) All tuition and fee charges in the total aggregate
shall comply with the terms of the institution's compact approved
by the commission council, based on peer comparisons or cost of
instruction as set forth in the goals for post-secondary education
pursuant to section one-a, article one of this chapter and with the
provisions of section one, article ten, chapter eighteen-c of this
code.
§18B-3C-12. Relationship between administratively linked
community and technical colleges and sponsoring
institutions.
(a) Intent and purposes. --
(1) It is the intent of the Legislature to establish
independently-accredited community and technical colleges in every
region of the state of West Virginia that as far as possible that
meet the essential conditions of section three of this article.
(2) The Legislature finds that, in order to increase
efficiency, reduce costs and, generally, to facilitate the
effective transition from community and technical colleges which
are components of existing institutions of higher education to
community and technical colleges which meet as far as possible the
essential conditions, it is may be appropriate to maintain an
administrative link between the certain community and technical
colleges and the sponsoring institution.
(3) This section defines the relationship between the an
administratively linked community and technical colleges college
and its sponsoring institution.
(b) Where an independently-accredited community and technical
colleges are is linked administratively to a sponsoring state
college or university in order to ensure efficient use of limited
resources, the following conditions shall apply:
(1) The community and technical college shall be accredited separately from the sponsoring institution;
(2) All state funding allocations for the community and
technical college shall be transferred directly to the community
and technical college. The sponsoring institution may charge fees
for administrative overhead costs subject to a schedule approved by
the commission council.
(A) Notwithstanding any other provision of this code to the
contrary, a community and technical college may be required to pay
to the sponsoring institution only those fees that have been
negotiated between the governing boards of the two institutions and
approved by the council as being reasonable and appropriate.
(B) By the first day of December, two thousand four, the
council shall develop a model for services to be provided by
sponsoring institutions together with a schedule of fees that
administratively-linked community and technical colleges may be
charged for services. The governing boards of the institutions may
customize the model to fit their needs, but all negotiated
contracts require the approval of the council.
(3) Formal policies shall be formally established to ensure
the separation of academic and faculty personnel policies of the
community and technical college from those of the sponsoring
institution. These policies include, but are not limited to,
appointment, promotion, workload and, if appropriate, tenure; and
(4) The council may authorize a community and technical
college to decline any service of the sponsoring institution provided in subsection (c) of this section if the council
determines it is in the best interest of the community and
technical college to do so. Any service so declined may be
obtained from an alternate source with the approval of the council.
(c) The sponsoring institution which is administratively
linked to a community and technical college shall provide make
available the following services:
(1) Personnel management;
(2) Record keeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Such other services as determined to be necessary and
appropriate by the commission council.
(d) Subject to the approval of the appropriate governing
board, the president of the sponsoring institution, pursuant to the
terms of section six, article one-b of this chapter, shall appoint
the presidents
(d) The institutional governing board shall appoint the
president of the community and technical college, who shall serve
serves at the will and pleasure of the institutional president
governing board. Subject to the provisions of section six, article one-b of this chapter, the appropriate governing board shall
appoint the president of the sponsoring institution.
(e) The governing board and the president of the sponsoring
institution shall be council are responsible for the step-by-step
development of the community and technical college and for
compliance with the essential conditions, all as required by this
article.
(f) The president of the sponsoring institution shall have
community and technical college has such responsibilities, powers
and duties in the development of the community and technical
college and in compliance with the essential conditions, as
directed by the governing board or as are necessary for the proper
implementation of the provisions of this act.
(g) Notwithstanding any other provision of this code to the
contrary, the commission and the council shall take necessary steps
to ensure that institutional bonded indebtedness is secure and that
each administratively linked community and technical colleges
assume their college assumes its fair share of any institutional
debt acquired while they were it was part of the baccalaureate
institution.
(h) The community and technical college is encouraged to
secure academic services from the sponsoring institution when it is
in the best interests of the students to be served, the community
and technical college and the sponsoring institution. In
determining whether or not to secure services from the sponsoring institution, the community and technical college shall consider the
following:
(1) The cost of the academic services;
(2) The quality of the academic services;
(3) The availability, both as to time and place, of the
academic services; and
(4) Such other considerations as the community and technical
college finds appropriate while taking into account the best
interests of the students to be served, the community and technical
college, and the sponsoring institution. Provided, That Nothing
in this article shall be construed to prohibit Nothing in this
article prohibits any state institution of higher education from
purchasing or brokering remedial and/ or developmental courses from
a community and technical college.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Officers of governing boards; employment of chancellors
and senior administrator; offices.
(a) At its annual meeting in June of each year, each governing
board shall elect from its members appointed by the governor a
president and other officers as it may consider necessary or
desirable: Provided, That the initial annual meeting shall be held
during July, one thousand nine hundred eighty-nine. The president
and other officers shall be elected for a one-year term commencing
on the first day of July following the annual meeting and ending on the thirtieth day of June of the following year. The president of
the board shall serve no more than two consecutive terms.
(b) Each governing board shall employ a chancellor who shall
serve at the will and pleasure of the employing board and shall
assist the governing board in the performance of its duties and
responsibilities. No
(a) The council and commission each shall employ an executive
director to assist in the performance of their respective duties
and responsibilities. Each executive director serves at the will
and pleasure of the hiring body. Neither chancellor executive
director may hold or retain any other administrative position
within the a system of higher education while employed as
chancellor executive director. Each chancellor executive director
is responsible for carrying out the directives of the governing
board by which he or she is body by which employed and shall work
with the board that body in developing policy options. For the
purpose of developing or evaluating policy options, the chancellors
executive directors may request the assistance of the presidents
and other administrative heads of the institutions under their
jurisdiction and their staffs. The respective chancellors shall
jointly agree to and shall hire one senior administrator who shall
serve at their will and pleasure in accordance with section two of
this article and staff of the institutions under their respective
jurisdictions.
(b) With the advice and consent of the council, the commission shall hire a senior administrator who is employed by the
commission, but may not be dismissed without the consent of the
council.
(c) 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.
(d) (c) Suitable offices for the senior administrator and
other staff shall be provided in Charleston.
(e) The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall establish a plan and funding recommendations
for development and implementation of a multifaceted instructional
technology strategy that includes, but is not limited to, a goal
that every full-time freshman student beginning in the fall
semester, one thousand nine hundred ninety-six, and thereafter,
and as many other students and faculty as possible will own or
lease a computer, and alternatively that computers be available for
part-time students through on-site labs; the integration of
computer usage into all course work; the involvement of faculty in
the development and use of technology-based instruction and
instructional courseware for community and technical colleges,
colleges and universities; and the expansion of distance learning
and technology networks throughout the higher education systems to
enhance teaching and learning, promote access to quality educational offerings with minimum duplication of effort, increase
the delivery of instruction to nontraditional students, provide
services to business and industry, and increase the management
capabilities of the higher education system. The chancellors shall
submit the plan to the Legislature on or before the first day of
July, one thousand nine hundred ninety-seven.
The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall supervise the administration, oversight,
coordination and implementation of the plan, or portions of the
plan, subject to the availability of funds and the direction of the
governing boards. In addition, the chancellors shall review all
technology related matters within the department of education and
the arts and suggest appropriate integration and compatibility of
the technology systems within the department and the institutions
governed by the board.
(f) The governing boards shall jointly employ a vice
chancellor for community and technical education pursuant to the
provisions of section three-a, article three of this chapter.
§18B-4-2. Employment of senior administrator; office; powers and
duties generally.
(a) With the approval advice and consent of the council, the
commission the chancellor for higher education shall employ the
vice chancellor for administration senior administrator who shall
serve serves at the will and pleasure of the chancellor both the council and commission jointly. Any reference in this chapter or
chapter eighteen-c of this code to the senior administrator vice
chancellor for administration means the vice chancellor for
administration senior administrator. which senior administrator
shall become the vice chancellor of administration and also shall
serve as interim chancellor for higher education until a chancellor
is employed pursuant to section five, article one-b of this
chapter.
(b) The vice chancellor for administration senior
administrator has a ministerial duty, in consultation with and
under direction of the chancellor commission and the council, to
perform such functions, tasks and duties as may be necessary to
carry out the policy directives of the council and commission and
such other duties as may be prescribed by law.
(c) The vice chancellor for administration senior
administrator may employ and discharge, and shall supervise such
professional, administrative, clerical and other employees as may
be necessary to these duties and shall delineate staff
responsibilities as considered desirable and appropriate. The vice
chancellor for administration commission, with the advice of the
council, shall fix the compensation and emoluments of such
employees: Provided, That those employees the employees. Any
employee whose job duties meet criteria listed in the system of job
classifications as stated in article nine of this chapter shall be
accorded the job title, compensation and rights established in the article as well as all other rights and privileges accorded
classified employees by the provisions of this code.
(d) Effective on the first day of July, two thousand four, the
office of the senior administrator and all personnel, except for
the executive director of the commission, employed on the thirtieth
day of June, two thousand four, within the higher education central
office, any offices of the higher education policy commission and
the West Virginia network for educational telecomputing, and the
offices of the chancellor of the board of trustees and the
chancellor of the board of directors shall be transferred to the
jurisdiction of the chancellor for higher education: Provided,
That are transferred to the jurisdiction of the commission. Prior
to the first day of October, two thousand no employee shall four,
any such employee may not be terminated or have his or her salary
and benefit levels reduced as the sole result of the governance
policy reorganization that becomes effective on the first day of
July, two thousand four. For persons employed by the baccalaureate
and university institutions of public education, prior to the first
day of October, two thousand five, no employee may be terminated or
have his or her salary and benefit levels reduced as the sole
result of the governance reorganization that becomes effective on
the first day of July, two thousand five.
(e) Together with the executive directors, the vice chancellor
for administration senior administrator shall follow state and
national education trends and gather data on higher education needs.
(f) The vice chancellor for administration senior
administrator, in accordance with established guidelines and in
consultation with and under the direction of the chancellor
commission and the council, shall administer, oversee or monitor
all state and federal student assistance and support programs
administered on the state level, including those provided for in
chapter eighteen-c of this code.
(g) The vice chancellor for administration senior
administrator has a fiduciary responsibility to administer the
tuition and registration fee capital improvement revenue bond
accounts of the governing boards.
(h) The vice chancellor for administration senior
administrator shall administer the purchasing system or systems of
the council and commission, the office of the chancellor offices of
the executive directors, and the governing boards. Provided, That
the chancellor If the executive directors jointly agree, they may
delegate authority for the purchasing systems or portions thereof
to the administrative heads of the institution. presidents
(i) The vice chancellor for administration senior
administrator is responsible for the management of the West
Virginia network for educational telecomputing (WVNET). The vice
chancellor for administration senior administrator shall establish
a computer advisory board, which shall be representative of higher
education and other users of the West Virginia network for educational telecomputing as the chancellor for higher education
commission, the council and the governing boards determines
determine appropriate. It is the responsibility of the computer
advisory board to recommend policies to the chancellor executive
directors for a statewide shared computer system.
(j) The central office, under the direction of the vice
chancellor for administration senior administrator, shall provide
necessary staff support to the commission, and the office of the
chancellor council and offices of the executive directors.
(k) Effective on the first day of July, two thousand The vice
chancellor for administration senior administrator may administer
any program or service authorized or required to be performed by
the board of trustees or the board of directors on the thirtieth
day of June, two thousand, and not specifically assigned to another
agency. In addition, the vice chancellor for administration senior
administrator may administer any program or service authorized or
required to be performed by the commission, or the chancellor for
higher education the council, or the executive directors, but not
assigned specifically to the commission, or the chancellor council
or executive directors. Any such program or service may include,
but shall not be is not limited to, telecommunications activities
and other programs and services provided for under grants and
contracts from federal and other external funding sources.
ARTICLE 6. ADVISORY COUNCILS
.
§18B-6-1. Institutional boards of advisors for branch campuses.
(a) Effective the first day of July, two thousand, there is
established at each regional campus and administratively linked
community and technical college, excluding centers and branches
thereof, an institutional board of advisors.: Provided, That the
institutional board of advisors shall not be appointed for
administratively linked community and technical colleges until
provided for in their compact.
(1) For the transition year beginning on the first day of
July, two thousand, through the thirtieth day of June, two thousand
one, only, the lay members of the institutional board of advisors
established for each of the regional campuses of West Virginia
university are appointed by the president of the respective
institution. Effective the first day of July, two thousand one,
the lay members of the institutional boards of advisors for the
regional campuses are appointed by the board of governors.
(2) The lay members of the institutional board of advisors
established for the administratively linked community and technical
colleges are appointed by the West Virginia council for community
and technical college education.
(a) Effective the first day of July, two thousand five, the
board of governors of each branch campus of Marshall university and
West Virginia university shall become an institutional board of
advisors. Thereafter, members of the boards of advisors are
appointed pursuant to the provisions of this section.
(b) The board of advisors consists of fifteen members: including a
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body;
(3) A member from the institutional classified employees duly
elected by the classified employees; and
(4) Twelve lay persons appointed by the president of the
branch campus, with the advice and consent of the governing board.
In making the initial appointments to these institutional boards of
advisors, the governing boards shall appoint those persons who are
lay members of the institutional boards of governors. pursuant to
subsection (a) of this section who
Lay members appointed shall have demonstrated a sincere
interest in and concern for the welfare of that institution and who
are be representative of the population of its responsibility
district and fields of study. At least eight of the twelve lay
persons appointed shall be residents of the state. Of the lay
members who are residents of the state, at least two shall be
alumni of the institution branch campus and no more than a simple
majority may be of the same political party.
(c) The student member shall serve for a term of one year
beginning upon appointment in July, two thousand five, and ending
on the thirtieth day of April, two thousand one six. Thereafter the term shall begin on the first day of May. The member from the
faculty and the classified employees shall serve for a term of two
years beginning upon appointment in July, two thousand five, and
ending on the thirtieth day of April, two thousand two seven.
Thereafter the term shall begin on the first day of May; and the
twelve lay members shall serve terms of four years each beginning
upon appointment in July, two thousand five. Thereafter the term
shall begin on the first day of May. All members are eligible to
succeed themselves for no more than one additional term.
(d) A vacancy in an unexpired term of a member shall be filled
for the remainder of the unexpired term within thirty days of the
occurrence thereof in the same manner as the original appointment
or election. Except in the case of a vacancy, all elections shall
be held and all appointments shall be made no later than the
thirtieth day of April preceding the commencement of the term.
(d) (e) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in May of each year except for the year
two thousand five, when the first meeting is held in July.
Additional meetings may be held upon the call of the chairperson,
president of the institution or upon the written request of at
least five members. A majority of the members constitutes a quorum
for conducting the business of the board of advisors.
(e) (f) One of the twelve lay members shall be elected as
chairperson by the board of advisors in May of each year:
Provided, That the chairperson elected in two thousand five shall be elected in July. No member may serve as chairperson for more
than two consecutive years.
(f) (g) The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
section upon presentation of an itemized sworn statement thereof.
All expenses incurred by the boards of advisors and the
institutions under this section shall be paid from funds allocated
to the institutions for that purpose.
(g) (h) The board of advisors shall review, prior to the
submission by the president to the governing board, all proposals
of the institution in the areas of mission, academic programs,
budget, capital facilities and such other matters as requested by
the president of the institution or its governing board or
otherwise assigned to it by law. The board of advisors shall
comment on each such proposal in writing, with such recommendations
for concurrence therein or revision or rejection thereof as it
considers proper. The written comments and recommendations shall
accompany the proposal to the governing board and the governing
board shall include the comments and recommendations in its
consideration of and action on the proposal. The governing board
shall promptly acknowledge receipt of the comments and
recommendations and shall notify the board of advisors in writing of any action taken thereon.
(h) (i) Prior to their implementation by the president, the
board of advisors shall review, prior to their implementation by
the president, all proposals regarding institution-wide personnel
policies. The board of advisors may comment on the proposals in
writing.
(i) (j) The board of advisors shall provide advice and
assistance to the president in establishing closer connections
between higher education and business, labor, government, community
and economic development organizations to give students greater
opportunities to experience the world of work, such as business and
community service internships, apprenticeships and cooperative
programs; to communicate better and serve the current work force
and work force development needs of their service area, including
the needs of nontraditional students for college-level skills
upgrading and retraining and the needs of employers for specific
programs of limited duration; and to assess the performance of the
institution's graduates and assist in job placement.
(j) (k) Upon the occurrence of When a vacancy occurs in the
office of president of the institution, the board of advisors shall
serve as a search and screening committee for candidates to fill
the vacancy under guidelines established by the commission
governing board pursuant to the provisions of section six, article
one-b of this chapter. When serving as a search and screening
committee, the board of advisors and its governing board are each authorized to appoint up to three additional persons to serve on
the committee as long as the search and screening process is in
effect. The three additional appointees of the board of advisors
shall be faculty members of the institution. Only for the purposes
of the search and screening process, the additional members shall
possess the same powers and rights as the regular members of the
board of advisors, including reimbursement for all reasonable and
necessary expenses actually incurred. Following the search and
screening process, the committee shall submit the names of at least
three candidates to the president of the sponsoring institution
governing board for consideration and appointment. If the
president governing board rejects all candidates submitted, the
committee shall submit the names of at least three additional
candidates and this process shall be repeated until the president
governing board appoints one of the candidates submitted. The
governing board shall provide all necessary staff assistance to the
board of advisors in its role as a search and screening committee.
(k) (l) The boards of advisors shall develop a master plan for
each administratively linked community and technical college branch
campus. The ultimate responsibility for developing and updating
the master plans at the institutional level resides with the
institutional board of advisors, but the ultimate responsibility
for approving the final version of the institutional master plans,
including periodic updates, resides with the commission governing
board. The plan shall include, but not be limited to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(3) Documentation of the involvement of the commission,
institutional constituency groups, clientele of the institution,
and the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including recommendations on the addition or deletion of
degree programs as, in the discretion of the board of advisors, may
be necessary.
§18B-7-12. Maintenance of benefits for employees.
(a) On the effective date of this section, any employee of the
executive director of the commission, formerly the chancellor for
higher education, or of the commission maintains all benefits of
employment held, accrued and afforded prior to the effective date
of this section. Such benefits include, but are not limited to,
retirement benefits, continued membership in the same retirement system, any insurance coverage, and sick and annual leave. For the
purposes of leave conversion established in section thirteen,
article sixteen, chapter five of this code, an employee is not a
new employee, and the prohibition on conversion does not apply, if
the employee was eligible for leave conversion on the thirtieth day
of June, two thousand four. On the effective date of this section,
for the purpose of said section thirteen:
(1) Each employee maintains all sick and annual leave accrued,
and all rights to convert the leave that had been accrued as of the
thirtieth day of June, two thousand four; and
(2) Each employee continues to maintain his or her status for
eligibility under the provisions and application of said section as
applied to the employee on the thirtieth day of June, two thousand
four.
(b) Prior to the first day of October, two thousand four, an
employee may not be terminated, or have his or her salary or
benefit levels reduced solely as a result of the governance
reorganization set forth in this article. For persons employed by
the baccalaureate and university institutions of public education,
prior to the first day of October, two thousand five, no employee
may be terminated or have his or her salary and benefit levels
reduced as the sole result of the governance reorganization that
becomes effective on the first day of July, two thousand five.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-1. Legislative purpose.
The purpose of the Legislature in the enactment of this
article is to require the commission, the council and, effective
the first day of July, two thousand five, the university governing
boards to establish, control, supervise and manage a complete,
uniform system of personnel classification in accordance with the
provisions of this article for all employees other than faculty and
nonclassified employees at the state institutions of higher
education under their jurisdiction.
§18B-9-2. Definitions.
As used in this article:
(a) "Classified employee or employee" means any regular
full-time or regular part-time employee of a governing board, or
the commission or the council, including all employees of the West
Virginia network for educational telecomputing, who hold a position
that is assigned a particular job title and pay grade in accordance
with the personnel classification system established by this
article or by the commission;
(b) "Nonclassified employee" means an individual who is
responsible for policy formation at the department or institutional
level, or reports directly to the president, or is in a position
considered critical to the institution by the president pursuant to
policies adopted by the governing board. Provided, That The
percentage of personnel placed in the category of "nonclassified"
at any given institution shall may not exceed ten percent of the total number of employees of that institution who are eligible for
membership in any state retirement system of the state of West
Virginia or other retirement plan authorized by the state:
Provided, however, That an additional ten percent of the total
number of employees of that institution as defined in this
subsection may be placed in the category of "nonclassified" if they
are in a position considered critical to the institution by the
president. Final approval of such placement shall be with the
appropriate governing board;
(c) "Job description" means the specific listing of duties and
responsibilities as determined by the appropriate university
governing board, or the commission or the council and associated
with a particular job title;
(d) "Job title" means the name of the position or job as
defined by the appropriate university board, or the commission or
the council;
(e) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to
rectify salary inequities or accommodate competitive market
conditions in accordance with rules established by the university
governing boards, or the commission or the council;
(f) "Pay grade" means the number assigned by the commission,
the university governing boards, or the council to a particular job
title and refers to the vertical column heading of the salary
schedule established in section three of this article;
(g) "Personnel classification system" means the process of job
categorization adopted by the commission, the council or the
university governing boards by which job title, job description,
pay grade and placement on the salary schedule are determined;
(h) "Salary" means the amount of compensation paid through the
state treasury per annum to a classified employee;
(i) "Schedule" or "salary schedule" means the grid of annual
salary figures established in section three of this article; and
(j) "Years of experience" means the number of years a person
has been an employee of the state of West Virginia and refers to
the horizontal column heading of the salary schedule established in
section three of this article. For the purpose of placement on the
salary schedule, employment for nine months or more equals one year
of experience, but no a classified employee may not accrue more
than one year of experience during any given fiscal year.
Employment for less than full time or less than nine months during
any fiscal year shall be prorated. In accordance with rules
established by the commission, the council or the university
governing boards, a classified employee may be granted additional
years of experience not to exceed the actual number of years of
prior, relevant work or experience at accredited institutions of
higher education other than state institutions of higher education.
ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.
§18C-1-1. Administration generally.
As provided in section two, article four, chapter eighteen-b
of this code, the senior administrator jointly employed by the
chancellors of the board of trustees and the board of directors
commission with the advice and consent of the council, shall as
provided in section two, article four, chapter eighteen-b of this
code, have a ministerial duty to administer, oversee or monitor all
state and federal student loan, scholarship and state aid programs
which are administered at the state level in accordance with
established guidelines, in consultation with and under the
direction of the university governing boards, the commission and
the council.
Such programs include, but are not limited to: The guaranteed
student loan program under this article, which may be administered
by a private nonprofit agency; the medical student loan program
under article three of this chapter; the Underwood-Smith teacher
scholarship program under article four of this chapter; the state
scholarship program, commonly known as the West Virginia higher
education grant program, under article twenty-two-b, chapter
eighteen of this code article five of this chapter; the higher
education student assistance loan program under article
twenty-two-d, chapter eighteen of this code; the West Virginia
higher education tuition trust college prepaid tuition and savings
program act under article thirty, chapter eighteen of this code;
which shall be administered by the state treasurer as provided in
said article the state aid programs for students of optometry,
under article three of this chapter; the state aid programs for students of veterinary medicine under section six-a, article
eleven, chapter eighteen of this code; any reciprocal program and
contract program for student aid under sections three and four,
article four, chapter eighteen-b of this code; any other state
level student aid program under this code; and any federal grant or
contract student assistance or support programs administered at the
state level.
NOTE: The purpose of this bill is to establish a governance
structure for state institutions of higher education that will
allow and encourage them to contribute fully to the economic and
social advancement of the people of West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18B-1-1, §18B-1A-2 and §18B-13C-4 have been completely
rewritten; and §18B-2A-6, §18B-2A-7 and §18B-7-12 are new;
therefore, strike-throughs and underscoring have been omitted.
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