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Introduced Version - Originating in Committee Senate Bill 792 History

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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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