Senate Bill No. 792
(By Senator Oliverio)
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[Originating in the Committee on Education;
reported February 27, 2006.]
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A BILL to amend and reenact §18B-1-2 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §18B-1-7; to amend and reenact §18B-1B-6
of said code; to amend and reenact §18B-3C-4 and §18B-3C-8 of
said code; to amend said code by adding thereto a new section,
designated §18B-3C-13; and to amend and reenact §18B-6-1 and
§18B-6-1a of said code, all relating to merging Fairmont State
Community and Technical College with Fairmont State
University; clarifying definitions; dissolving certain
advisory board and certain administrative position; modifying
certain consortia planning districts; providing exception to
process for achieving independently accredited community and
technical colleges; designating Community and Technical
College of Shepherd as Blue Ridge Community and Technical
College;
making technical corrections; and repealing obsolete
provisions.
Be it enacted by the Legislature of West Virginia:
That §18B-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §18B-1-7; that §18B-1B-6 of said
code be amended and reenacted; that §18B-3C-4 and §18B-3C-8 of said
code be amended and reenacted; that said code be amended by adding
thereto a new section, designated §18B-3C-13; and that §18B-6-1 and
§18B-6-1a of said code be amended and reenacted, all to read as
follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meaning hereinafter ascribed to
them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand five,
"Regional campus" means West Virginia University at Parkersburg
and West Virginia University Institute of Technology.
(b)"Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a
of this chapter;
(c) "Freestanding community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College and Eastern West
Virginia Community and Technical College which may not be operated as branches or off-campus locations of any other state institution
of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges
and other state institutions of higher education which deliver
community and technical college education. This definition
includes Southern West Virginia Community and Technical College,
West Virginia Northern Community and Technical College, Eastern
West Virginia Community and Technical College, New River Community
and Technical College, West Virginia University at Parkersburg,
the Community and Technical College at West Virginia University
Institute of Technology, the community and technical college of
Shepherd Blue Ridge Community and Technical College, Fairmont
state community and technical college, Marshall Community and
Technical College and West Virginia State Community and Technical
College;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission delivery of community and technical colleges college
education programs as provided in article three-c of this chapter;
(g) "Essential conditions" means those conditions which shall be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Higher Education Policy Commission", "Policy Commission"
or "Commission" means the commission created pursuant to section
one, article one-b of this chapter;
(j) "Chancellor for higher education" means the chief
executive officer of the higher education policy commission
employed pursuant to section five, article one-b of this chapter;
(k) "Chancellor for community and technical college
education" means the chief executive officer of the West Virginia
Council for Community and Technical College Education employed
pursuant to section three, article two-b of this chapter;
(l) "Chancellor" means the chancellor for higher education
where the context refers to a function of the higher education
policy commission. "Chancellor" means chancellor for community
and technical college education where the context refers to a
function of the West Virginia council for community and technical
college education;
(m) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources in the prior fiscal year, including, but not limited to, tuition and fees and
legislative appropriation, and any adjustments to that funding as
approved by the commission or council based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(n) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education
resulting in or which may result in a two-year associate degree
award including an associate of arts, an associate of science and
an associate of applied science; certificate programs and skill
sets; developmental education; continuing education; collegiate
credit and noncredit workforce development programs; and transfer
and baccalaureate parallel programs. All such programs are under
the jurisdiction of the council. Any reference to "post-secondary
vocational education programs" means community and technical
college education programs as defined in this subsection;
(o) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(p) For the purposes of this chapter and chapter eighteen-c
of this code, "senior administrator" means the vice chancellor for
administration employed by the commission with the advice and
consent of the council in accordance with section two, article
four of this chapter;
(q)
"State college" means Bluefield State College, Concord
College University, Fairmont State College University, Glenville
State College, Shepherd College University, West Liberty State
College, or West Virginia State College University;
(r) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(s) Until the first day of July, two thousand five, "regional
campus" means West Virginia university at Parkersburg, Potomac
state college of West Virginia university and West Virginia
university institute of technology;
(t) (s) The advisory board previously appointed for the West
Virginia Graduate College is known as the "board of visitors" and
shall provide guidance to the Marshall University Graduate
College;
(u) (t) "Institutional compact" means the compact between the
commission or council and a state institution of higher education
under its jurisdiction, as described in section two, article one-a
of this chapter;
(v) (u) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison
purposes and selected by the commission pursuant to section three,
article one-a of this chapter;
(w) (v) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter;
(x) (w) "Sponsoring institution" means a state institution of
higher education that maintains an administrative link to a
community and technical college pursuant to section eight, article
three-c of this chapter;
(y) (x) "Collaboration" means entering into an agreement with
one or more providers of education services in order to enhance
the scope, quality or efficiency of education services;
(z) (y) "Broker" or "brokering" means serving as an agent on
behalf of students, employers, communities or responsibility areas
to obtain education services not offered at that institution.
These services include courses, degree programs or other services
contracted through an agreement with a provider of education
services either in-state or out-of-state; and
(aa) (z) "Council" means the West Virginia council for
community and technical college education created pursuant to
article two-b of this chapter.
§18B-1-7. Fairmont State Community and Technical College merged.
(a) Notwithstanding any other provision of this code to the
contrary, on the effective date of this section:
(1) Fairmont State Community and Technical College ceases to
be an individual higher education institution, as defined by subsection (h), section two, article one of this chapter.
(2) The state institution of higher education formerly known
as Fairmont State Community and Technical College is merged,
consolidated and integrated fully with Fairmont State University.
(3) The advisory board previously appointed for Fairmont
State Community and Technical College is dissolved.
(4) The office of the president of the former state
institution of higher education known as Fairmont State Community
and Technical College is abolished.
(b) Any reference in this code to Fairmont State Community
and Technical College means Fairmont State University. Any
reference to the office of the president of Fairmont State
Community and Technical College means the office of the president
of Fairmont State University.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment
of presidents of the state institutions of higher education shall
be made as follows:
(1) Subject to the approval of the Commission, the governing
board of the institution appoints a president for Bluefield State
College, Concord University, Fairmont State University, Glenville
State College, Marshall University, Shepherd University, West
Liberty State College, West Virginia School of Osteopathic Medicine, West Virginia State University and West Virginia
University.
(2) Subject to the approval of the Council and to the
provisions of article three-c of this chapter, the Governing Board
of West Virginia University appoints the President of the regional
campus known as West Virginia University at Parkersburg. When
selecting candidates for consideration to fill the office of
president, the Governing Board shall use the search and screening
process provided in section one, article six of this chapter.
Subject to the approval of the Commission, the Governing
Board of West Virginia University appoints the President of the
regional campus known as West Virginia University Institute of
Technology. The president of each regional campus serves at the
will and pleasure of the appointing governing board.
(3) Subject to the approval of the Council, the governing
board of the community and technical college appoints a president
for Eastern West Virginia Community and Technical College,
Southern West Virginia Community and Technical College and West
Virginia Northern Community and Technical College.
(4) Subject to the approval of the Council, the governing
board of the sponsoring institution appoints a president for each
administratively linked community and technical college which
shares a physical campus location with the sponsoring institution,
including Fairmont State Community and Technical College, Marshall Community and Technical College, the Community and Technical
College at West Virginia University Institute of Technology and
West Virginia State Community and Technical College.
(5) Subject to the approval of the Council, the governing
board of the community and technical college appoints a president
for each administratively linked community and technical college
which does not share a physical campus location with the
sponsoring institution, including New River Community and
Technical College and the Community and Technical College of
Shepherd Blue Ridge Community and Technical College.
(b) Other appointments. -- The institutional president
appoints a provost to be the administrative head of the Potomac
campus of West Virginia University.
(c) Evaluation of presidents. -- The appointing governing
board shall conduct written performance evaluations of each
institution's president, including the presidents of
administratively linked community and technical colleges.
Evaluations shall be done in every fourth year of employment as
president, recognizing unique characteristics of the institution
and utilizing institutional personnel, institutional boards of
advisors as appropriate, staff of the appropriate governing board
and persons knowledgeable in higher education matters who are not
otherwise employed by a governing board. A part of the evaluation
shall be a determination of the success of the institution in meeting the requirements of its institutional compact.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-4. Community and technical college consortia planning
districts.
(a) Unless otherwise designated, the president of each
community and technical college facilitates the formation of
community and technical college consortia in the state, which
includes representatives of community and technical colleges,
public vocational-technical education centers, and public
baccalaureate institutions offering associate degrees. The
community and technical college consortium shall:
(1) Complete a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short and long-term workforce development needs of the
district;
(2) Coordinate efforts with regional labor market information
systems to identify the ongoing needs of business and industry,
both current and projected, and to provide information to assist
in an informed program of planning and decision making;
(3) Plan and develop a unified effort between the community
and technical colleges and public vocational-technical education
to meet the documented workforce development needs of the district
through individual and cooperative programs, shared facilities,
faculty, staff, equipment and other resources and the development and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the
workforce needs are met, develop new programs and phase out or
modify existing programs as appropriate to meet such needs,
streamline procedures for designing and implementing customized
training programs;
(5) Increase the integration of secondary and post-secondary
curriculum and programs that are targeted to meet regional labor
market needs, including implementation of seamless curricula
project in all major career pathways and the West Virginia EDGE,
"Earn a Degree Graduate Early" program;
(6) Plan and implement integrated professional development
activities for secondary and post-secondary faculty, staff and
administrators;
(7) Ensure that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing
student credentialing;
(8) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating course work in which they already possess competency;
(9) Cooperate with workforce investment boards in
establishing one-stop-shop career centers with integrated employment and training and labor market information systems that
enable job seekers to assess their skills, identify and secure
needed education training and secure employment and employers to
locate available workers;
(10) Increase the integration of adult literacy, adult basic
education, federal Work Force Investment Act and community and
technical college programs and services to expedite the transition
of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(b) The community and technical college education consortium
shall cooperate with the regional workforce investment board in
the district and shall participate in any development or amendment
to the regional workforce investment plan.
(c) To carry out the provisions of this section, community
and technical college consortia planning districts are established
and defined as follows:
(1) Northern West Virginia panhandle community and technical
college district includes Hancock, Brooke, Ohio, Marshall,
Barbour, Monongalia, Marion, Harrison, Taylor 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; Fairmont State University; John
Marshall high school; Cameron high school; John D. Rockefeller
center; Monongalia County Technical Center; Marion County
Technical Center; United Technical 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, Calhoun,
Gilmer, Doddridge and Roane counties.
(A) The facilitating institution is West Virginia university
at Parkersburg.
(B) Participating institutions includes West Virginia
university at Parkersburg; Glenville State College; West Virginia northern community and technical college; Roane-Jackson technical
center; Gaston Caperton center; Wood County technical center;
Calhoun-Gilmer Career 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,
Preston, Randolph 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; Randolph County
Vocational Technical Center; and other public vocational
technical schools offering post-secondary programs.
(5) Shenandoah valley community and technical college
district includes Berkeley, Jefferson and Morgan counties.
(A) The facilitating institution is the community and
technical college of Shepherd Blue Ridge Community and Technical
College.
(B) Participating institutions include the community and
technical college of Shepherd Blue Ridge 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 Marshall community and
technical college.
(B) Every five years the council shall:
(i) Evaluate the progress of the advantage valley consortia
toward achieving the goals and benchmarks of its compact;
(ii) Evaluate the progress of each community and technical
college in the district toward achieving the goals and benchmarks
of its institutional compact;
(iii) Determine which community and technical college in the
district would best serve the needs of the district for the
following five-year period if serving as the facilitating
institution; and
(iv) Designate the community and technical college selected
pursuant to subparagraph (iii) of this paragraph to serve as the
facilitating institution for the following five-year period.
(C) Participating institutions include Marshall community and
technical college; the community and technology college at West
Virginia university institute of technology; West Virginia state
community and technical college; Carver career center; Garnet
career center; Ben Franklin career center; Putnam County
vocational-technical-occupational center; Cabell County
career-technical center; and other public vocational technical schools offering post-secondary programs.
(7) Southern mountains community and technical college
district includes Lincoln, Boone, Logan, Mingo, Wyoming and
McDowell counties.
(A) The facilitating institution is southern West Virginia
community and technical college.
(B) Participating institutions include southern West Virginia
community and technical college; New River community and technical
college; Boone County career and technical center; Wyoming County
vocational-technical center; Ralph R. Willis Career and technical
center; McDowell County career and technology center; Mingo County
vocation-technical center; Charles Yeager technical center; and
other public vocational technical schools offering post-secondary
programs.
(8) Central-Southeastern community and technical college
district includes Raleigh, Summers, Fayette, Nicholas, Webster,
Pocahontas, Greenbrier, Monroe, Braxton, Lewis, Upshur and Mercer
counties.
(A) The facilitating institution is New River community and
technical college.
(B) Participating institutions include New River community
and technical college; southern West Virginia community and
technical college; the community and technical college at West
Virginia university institute of technology; Bluefield state college; academy of careers and technology; Fayette plateau
vocation-technology center; Summers County high school; Monroe
County technical center; Mercer County technical center; Fred W.
Eberly 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-8. Process for achieving independently accredited
community and technical colleges.
(a)
By the first day of July, two thousand five, West
Virginia shall have a continue the 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, Fairmont State
University, or West Virginia University at Parkersburg.
(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 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 to the satisfaction of
the council 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 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.
There is
continued the statewide network of independently-accredited
community and technical colleges as outlined below:
(1) New River community and technical college. --
(A) There is continued the multicampus entity known as New
River community and technical college, administratively linked to
Bluefield state college. New River community and technical
college is headquartered in the Beckley higher education center
and incorporates the campuses of Greenbrier community college
center of New River community and technical college and Nicholas
community college center of New River community and technical
college. New River community and technical college shall be an
independently accredited community and technical college. The
council shall appoint an institutional board of advisors, 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. The
board of advisors shall become the board of governors pursuant to
section one, article two-a of this chapter when the institution
achieves independent accreditation.
(B) Bluefield 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
through direct coordination with a baccalaureate institution. Any
such program shall be delivered under the authority of the council
and through contract with the community and technical college.
The terms of the contract shall be negotiated between the council
and the governing board of the sponsoring institution. The final
contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall
thereafter be delivered by the community and technical college.
(C) Bluefield state college may continue the associate of
science degree in nursing which is an existing nationally
accredited associate degree program in an area of particular
institutional strength and which is closely articulated to the
baccalaureate program and mission. The program is of a high-cost
nature and can best be provided through direct administration by
a baccalaureate institution. This program may not be transferred
to New River community and technical college or any other
community and technical college as long as the program maintains
national accreditation and is seamlessly coordinated into the
baccalaureate program at the institution.
(D) By the first day of July, two thousand five, New River community and technical college shall be independently accredited.
The president and the board of governors of Bluefield state
college are responsible for obtaining independent accreditation of
the community and technical college. If the multicampus entity
known as New River community and technical college has not
obtained independent accreditation by this date, the council shall
choose one of the following options:
(i) Create New River as a freestanding community and
technical college; or
(ii) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
(E) The president and the board of governors of Bluefield
state college also are accountable to the 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.
(F) (D) As an independently accredited community and
technical college, New River also shall serve serves 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.
(G) (E) New River community and technical college shall participate participates in the planning and development of a
unified effort involving multiple providers to meet the documented
education and workforce development needs in the region. Nothing
in this subdivision prohibits or limits any existing, or the
continuation of any existing, affiliation between mountain state
university, West Virginia university institute of technology and
West Virginia university. 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 state community and technical college. --
Fairmont state community and technical college is an independently
accredited community and technical college. The community and
technical college is developed on the base of the 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 are responsible,
according to a plan approved by the 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. 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 shall be delivered under the authority of the
council and through contract with the community and technical
college. The terms of the contract shall be negotiated between
the council and the governing board of the sponsoring institution.
The final contract is approved by the council. Such a program
shall be evaluated according to the benchmarks and indicators for
community and technical college education developed by the
council. If the council determines that the program is making
insufficient progress toward accomplishing the benchmarks, the
program shall thereafter be delivered by the community and
technical college.
(3) (2) Marshall community and technical college. -- Marshall
community and technical college is an independently accredited
community and technical college. The new community and technical
college is developed on the base of the 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 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. Marshall
university 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 shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the
contract shall be negotiated between the council and the governing
board of the sponsoring institution. The final contract is
approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the council. If the
council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall
thereafter be delivered by the community and technical college.
(4) (3) The community and technical college of Shepherd Blue
Ridge Community and Technical College. -- The community and
technical college of Shepherd Blue Ridge Community and Technical
College shall become is an independently accredited community and
technical college. The new community and technical college is developed on the base of the component community and technical
college of Shepherd college. Subject to the provisions of this
section, the president and the governing board of Shepherd college
are responsible, according to a plan approved by the 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 remains administratively linked
to Shepherd College. 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 shall be delivered under the authority of the
council and through contract with the community and technical
college. The terms of the contract shall be negotiated between
the council and the governing board of the sponsoring institution.
The final contract is approved by the council. Such a program
shall be evaluated according to the benchmarks and indicators for
community and technical college education developed by the
council. If the council determines that the program is making
insufficient progress toward accomplishing the benchmarks, the
program shall thereafter be delivered by the community and technical college.
(5) (4) West Virginia State Community and Technical College.
-- West Virginia State Community and Technical College shall
become is an independently accredited community and technical
college. The new community and technical college is developed on
the base of the 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
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 West Virginia state college. West Virginia 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 shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the
contract shall be negotiated between the council and the governing
board of the sponsoring institution. The final contract is approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the council. If the
council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall
thereafter be delivered by the community and technical college.
(6) (5) The Community and Technical College at West Virginia
University Institute of Technology. -- The Community and Technical
College at West Virginia University Institute of Technology is an
independently accredited community and technical college. The new
community and technical college is developed on the base of the
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. West Virginia
University Institute of Technology 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 shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the council and
the governing board of the sponsoring institution. The final
contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall
thereafter be delivered by the community and technical college.
(d) For each administratively linked community and technical
college which fails to achieve independent accreditation by the
first day of July, two thousand five, the council shall choose one
of the following options:
(1) Create the administratively linked institution as a
freestanding community and technical college; or
(2) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
The president and the board of governors of each sponsoring
institution is accountable to the council for ensuring that the
community and technical college is able to meet the conditions for independent accreditation and adheres to the essential conditions
pursuant to section three of this article.
§18B-3C-13. Blue Ridge Community and Technical College.
The Community and Technical College of Shepherd is hereafter
named "Blue Ridge Community and Technical College." Any reference
in this code to the Community and Technical College of Shepherd
means Blue Ridge Community and Technical College.
ARTICLE 6. ADVISORY COUNCILS.
§18B-6-1. Institutional boards of advisors for regional campuses
and certain administratively linked community and technical
colleges.
(a) There is hereby continued or established institutional
boards of advisors as follows:
(1) For each regional campus. The chairperson of the board
of advisors of West Virginia University at Parkersburg serves as
an ex officio, voting member of the governing board of West
Virginia university;
(2) For administratively linked community and technical
colleges which share a physical location with the sponsoring
institution. This category includes Fairmont state community and
technical college, Marshall Community and Technical College, West
Virginia State Community and Technical College and the Community
and Technical College at West Virginia University Institute of
Technology. The chairperson of the board of advisors of each administratively linked community and technical college serves as
an ex officio, voting member of the sponsoring institution's board
of governors or, in the case of the Community and Technical
College at West Virginia University Institute of Technology, the
chairperson of the board of advisors serves as an ex officio
voting member of the governing board of West Virginia University;
(3) For New River community and technical college and the
community and technical college of Shepherd, until these
institutions achieve independent accreditation. As long as New
River community and technical college or the community and
technical college of Shepherd retains a board of advisors and
remains administratively linked to the baccalaureate institution,
the chairperson of that board of advisors serves as an ex officio,
voting member of the governing board of Bluefield state college or
Shepherd college, respectively.
(b) The lay members of the institutional boards of advisors
for the regional campuses are appointed by the board of governors.
(c) The lay members of the institutional boards of advisors
established for the administratively linked community and
technical colleges are appointed by the West Virginia Council for
Community and Technical College Education.
(d) The board of advisors consists of fifteen members,
including a full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective institution; a member of the student body in good academic
standing, enrolled for college credit work and duly elected by the
student body of the respective institution; a member from the
institutional classified employees duly elected by the classified
employees of the respective institution; and twelve lay persons
appointed pursuant to this section who have demonstrated a sincere
interest in and concern for the welfare of that institution and
who are representative of the population of its responsibility
district and fields of study. At least eight of the twelve lay
persons appointed shall be residents of the state. Of the lay
members who are residents of the state, at least two shall be
alumni of the respective institution and no more than a simple
majority may be of the same political party.
(e) The student member serves for a term of one year
beginning upon appointment in July, two thousand four, and ending
on the thirtieth day of April, two thousand five. Thereafter the
term shall begin on the first day of May. The member from the
faculty and the classified employees, respectively, serves for a
term of two years beginning upon appointment in July, two thousand
four, and ending on the thirtieth day of April, two thousand five.
Thereafter the term shall begin on the first day of May; and the
twelve lay members serve terms of four years each beginning upon
appointment in July, two thousand four. Thereafter, the term
shall begin on the first day of May. All members are eligible to succeed themselves for no more than one additional term. A
vacancy in an unexpired term of a member shall be filled for the
remainder of the unexpired term within thirty days of the
occurrence thereof in the same manner as the original appointment
or election. Except in the case of a vacancy:
(1) Commencing in two thousand five, all elections shall be
held and all appointments shall be made no later than the
thirtieth day of April preceding the commencement of the term; and
(2) Terms of members begin on the first day of May following
election, except for two thousand four only, terms begin upon
appointment in July.
(f) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in May of each year. Additional
meetings may be held upon the call of the chairperson, president
of the institution or upon the written request of at least five
members. A majority of the members constitutes a quorum for
conducting the business of the board of advisors.
(g) One of the twelve lay members shall be elected as
chairperson by the board of advisors in May of each year. except
that the chairperson elected in two thousand four shall be elected
in July. No member may serve as chairperson for more than two
consecutive years.
(h) The president of the institution shall make available
resources of the institution for conducting the business of the board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
section upon presentation of an itemized sworn statement thereof.
All expenses incurred by the boards of advisors and the
institutions under this section shall be paid from funds allocated
to the institutions for that purpose.
(i) Prior to the submission by the president to its governing
board, the board of advisors shall review all proposals of the
institution in the areas of mission, academic programs, budget,
capital facilities and such other matters as requested by the
president of the institution or its governing board or otherwise
assigned to it by law. The board of advisors shall comment on
each such proposal in writing, with such recommendations for
concurrence therein or revision or rejection thereof as it
considers proper. The written comments and recommendations shall
accompany the proposal to the governing board and the governing
board shall include the comments and recommendations in its
consideration of and action on the proposal. The governing board
shall promptly acknowledge receipt of the comments and
recommendations and shall notify the board of advisors in writing
of any action taken thereon.
(j) Prior to their implementation by the president, the board
of advisors shall review all proposals regarding institution-wide personnel policies. The board of advisors may comment on the
proposals in writing.
(k) The board of advisors shall provide advice and assistance
to the president and the governing board in areas including, but
not limited to, the following:
(1) Establishing closer connections between higher education
and business, labor, government and community and economic
development organizations to give students greater opportunities
to experience the world of work. Examples of such experiences
include business and community service internships,
apprenticeships and cooperative programs;
(2) Communicating better and serving the current workforce
and workforce development needs of their service area, including
the needs of nontraditional students for college-level skills
upgrading and retraining and the needs of employers for specific
programs of limited duration; and
(3) Assessing the performance of the institution's graduates
and assisting in job placement.
(l) When a vacancy occurs in the office of president of the
institution, the board of advisors shall serve as a search and
screening committee for candidates to fill the vacancy under
guidelines established by the council. When serving as a search
and screening committee, the board of advisors and its governing
board are each authorized to appoint up to three additional persons to serve on the committee as long as the search and
screening process is in effect. The three additional appointees
of the board of advisors shall be faculty members of the
institution. For the purposes of the search and screening process
only, the additional members shall possess the same powers and
rights as the regular members of the board of advisors, including
reimbursement for all reasonable and necessary expenses actually
incurred. Following the search and screening process, the
committee shall submit the names of at least three candidates to
the council appropriate governing board. or to the governing board
in the case of West Virginia university institute of technology,
for consideration. If the council or governing board rejects all
candidates submitted, the committee shall submit the names of at
least three additional candidates and this process shall be
repeated until the council or governing board approves one of the
candidates submitted. In all cases, the governing board shall
make the appointment with the approval of the council or the
commission in the case of West Virginia University Institute of
Technology. The governing board or the council shall provide all
necessary staff assistance to the board of advisors in its role as
a search and screening committee.
(m) The boards of advisors shall develop a master plan for
those administratively linked community and technical colleges
which retain boards of advisors. The ultimate responsibility for developing and updating the master plans at the institutional
level resides with the institutional board of advisors, but the
ultimate responsibility for approving the final version of these
institutional master plans, including periodic updates, resides
with the council. The plan shall include, but not be limited to,
the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional
compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(3) Documentation of the involvement of the commission,
institutional constituency groups, clientele of the institution
and the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including recommendations on the addition or deletion
of degree programs as, in the discretion of the board of advisors,
may be necessary.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have
the meanings specified unless the context clearly indicates a
different meaning:
(a) "Advisory council of classified employees" or "classified
council" means the state advisory organization of classified
employees created pursuant to section five of this article.
(b) "Advisory council of faculty" or "faculty council" means
the state advisory organization of faculty created pursuant to
section two of this article.
(c) "Advisory council of students" or "student advisory
council" means the state advisory organization of students created
pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means
any regular full-time or regular part-time employee of a governing
board, the commission, the council or the West Virginia network
for educational telecomputing who holds a position that is
assigned a particular job title and pay grade in accordance with
the personnel classification system established by law.
(e) "Community and technical college" means Eastern West
Virginia Community and Technical College, Fairmont state community
and technical college, Marshall Community and Technical College,
New River Community and Technical College, West Virginia Northern
Community and Technical College, the Community and Technical College of Shepherd Blue Ridge Community and Technical College,
Southern West Virginia Community and Technical College, West
Virginia State Community and Technical College, the Community and
Technical College at West Virginia University Institute of
Technology, West Virginia University at Parkersburg and any other
community and technical college so designated by the Legislature.
(f) "Council" means the West Virginia Council for Community
and Technical College Education created pursuant to section three,
article two-b of this chapter.
(g) "Institutional classified employee council" or "staff
council" means the advisory group of classified employees formed
at a state institution of higher education pursuant to section six
of this article.
(h) "Institutional faculty senate", "faculty senate" or
"faculty assembly" means the advisory group of faculty formed at
a state institution of higher education pursuant to section three
of this article.
(i) "State institution of higher education", in the singular
or plural, means the institutions as defined in section two,
article one of this chapter and, additionally, Fairmont state
community and technical college, Marshall Community and Technical
College, New River Community and Technical College, Potomac State
College of West Virginia University, Robert C. Byrd Health
Sciences Charleston Division of West Virginia University, the community and technical college of Shepherd Blue Ridge Community
and Technical College, West Virginia State Community and Technical
College, West Virginia University at Parkersburg, West Virginia
University Institute of Technology, the Community and Technical
College at West Virginia University Institute of Technology, the
Higher Education Policy Commission, the West Virginia Council for
Community and Technical College Education, the West Virginia
Network for Educational Telecomputing and any other institution so
designated by the Legislature.
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