SB653 H ED AM
The Committee on Education moved to amend the bill on page 1, after the enacting clause by striking out the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-8. Legislative findings and intent; statewide network of independently accredited community and technical colleges; operations and administration.
(a) Legislative findings. —
(1) The Legislature has enacted legislation, beginning
with Enrolled Senate Bill No. 653, passed during the two thousand regular
session, and continuing with Enrolled Senate Bill No. 703, passed during the
two thousand one regular session, Enrolled House Bill No. 2224, passed during
the two thousand three regular session, and Enrolled Senate Bill No. 448,
passed during the two thousand four regular session, the purpose of which is to
strengthen the state's community and technical colleges, clarify their core
mission and establish essential conditions to be met, and ensure the most
effective delivery of services to business, industry, and West Virginia
citizens in every region of the state
(2) (1) The primary goal of the Legislature
is to create a statewide network of independently accredited community and
technical colleges that focuses on technical education, workforce training, and
lifelong learning for the Twenty-first Century ensure the most
effective delivery of services to business, industry, and West Virginia
citizens in every region of the state, consistent with the goals,
objectives, priorities, and essential conditions established in articles
one, one-d and three-c of this chapter §§18B-1-1 et seq.,
18B-1D-1, et seq., and 18B-3C-1 et seq. of this code.
(3)(2) A necessary precedent to
accomplishing the legislative goal is to change the way that leaders at all
levels of education, including institutional governing boards, view community
and technical colleges. Specifically, that the mission of community and
technical colleges is different from that of traditional four-year colleges in
what they seek to accomplish and how they can achieve it effectively and that
the state cannot compete successfully in today's information-driven,
technology-based economy if community and technical colleges continue to be
viewed as add-ons or afterthoughts attached to the baccalaureate institutions.
(b) Legislative intent. —
(1) Therefore, it is the intent of the Legislature that the statewide network of independently-accredited community and technical colleges as a whole and each independent community and technical college individually provide the following types of services as part of the core institutional mission:
(A) Career and technical education certificate, associate of applied science, and selected associate of science degree programs for students seeking immediate employment, individual entrepreneurship skills, occupational development, skill enhancement, and career mobility;
(B) Transfer education associate of arts and associate of science degree programs for students whose educational goal is to transfer into a baccalaureate degree program with particular emphasis on reaching beyond traditional college-age students to unserved or underserved adult populations;
(C) Developmental/remedial education courses, tutorials, skills development labs, and other services for students who need to improve their skills in mathematics, English, reading, study skills, computers, and other basic skill areas;
(D) Workforce development education contracted with business and industry to train or retrain employees;
(E) Continuing development assistance and education credit and noncredit courses for professional and self-development, certification and licensure, and literacy training; and
(F) Community service workshops, lectures, seminars, clinics, concerts, theatrical performances, and other noncredit activities to meet the cultural, civic, and personal interests and needs of the community the institution serves.
(2) It is further the intent of the Legislature that each community and technical college focus special attention on programmatic delivery of their core mission services to unserved and underserved populations to achieve established state objectives. These include the following as highest priorities:
(A) Increasing the number of adults age twenty-five
25 and above who participate in post-secondary education;
(B) Developing technical programs that meet the documented occupational needs of West Virginia's employers;
(C) Providing workforce development programs by implementing the Adult Career Pathways Model, which provides opportunities for the following:
(i) Adults to earn certifications through the completion of skill-sets;
(ii) Ordered progression from skill-sets and certifications to one-year certificate programs and progression from one-year certificate degrees to Associate of Applied Science Degree programs, and
(iii) Students to exit at any stage of completion in order to enter employment with the option of continuing the pathway progression at a later time and/or on a part-time basis.
(D) Offering programs in various time frames other than the traditional semester delivery model and at different locations, including work sites, convenient to working adults;
(E) Providing technical programs in modules or “chunks,” defined in competencies required for employment and tied to certification and licensing requirements.
(F) Entering into collaborative programs that recognize high-quality training programs provided through labor unions, registered apprenticeships, and industry-sponsored training programs with the goal of enabling more adults to earn a college credential;
(G) Developing innovative approaches to improve the basic and functional literacy rates of West Virginians in all regions of the state;
(H) Developing “bridge programs” for disadvantaged youth and adults to enable them to acquire the skills necessary to be successful in education and training programs that lead to high-skills, high-wage jobs; and
(I) Providing access to postsecondary education through the delivery of developmental education for those individuals academically under-prepared for college-level work.
(c) In fulfillment of the purposes and intent defined in
subsections (a) and (b) of this section, there is continued a statewide network
of independently accredited community and technical colleges serving every
region of the state. Each free-standing and independent community and technical
college is strongly encouraged to serve as a higher education center for its
region by brokering with other colleges, universities, and providers, in-state
and out-of-state, both public and private, to afford the most coordinated
access to needed programs and services by students, employers, and other
clients, to achieve the goals, objectives, and essential conditions established
in articles one, one-d, and three-c of this chapter §18B-1-1 et
seq., §18B-1D-1 et seq., and §18B-3C-1 et seq. of this code,
and to ensure the most efficient use of scarce resources.
(d) Statewide network of independently accredited community and technical colleges.—
(1) By July 1, 2009, each governing board of a
community and technical college which became independent on July 1, 2008, shall
make a determination by majority vote of the board whether to keep the current
name for its respective institution or to select a new name. If a governing
board chooses to select a new name, any reference in this code to that
institution by a name in use prior to July 1, 2009, means the institution under
the name designated by its board of governors
(2) The statewide network of independently
accredited community and technical colleges is comprised of the following
independent state institutions of higher education under the jurisdiction of
the council:
(A)(1) Blue Ridge Community and Technical
College. —
Blue Ridge Community and Technical College is an
independently accredited state institution of higher education. The president
and the governing board of the community and technical college are responsible
for maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article §18B-3C-3 of
this code.
(B)(2) Bridgemont BridgeValley
Community and Technical College. —
(i)(A) Bridgemont BridgeValley
Community and Technical College is an independently accredited state
institution of higher education which may maintain an association with West
Virginia University Institute of Technology, a division of West Virginia
University, or directly with West Virginia University, subject to the
provisions of section twelve of this article §18B-3C-12 of this code.
The president and the governing board of the community and technical college
are responsible for maintaining independent accreditation and adhering to the
essential conditions pursuant to section three of this article §18B-3C-3
of this code.
(ii)(B)
West Virginia University Institute of Technology may continue associate degree
programs in areas of particular institutional strength which are closely articulated
to its 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 governing boards of the
community and technical college and West Virginia University Institute of
Technology or directly with West Virginia University, as appropriate. The final
contract may not be implemented until approved by the council except that any
contract between the community and technical college and West Virginia
University Institute of Technology or West Virginia University related to
program delivery under the terms of this section in effect on July 1, 2008,
shall continue in effect until July 1, 2009, unless amended or revoked before
that date by mutual agreement of the contract parties with approval 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.
(iii)(C) Dual credit course delivery
agreements. —
(I)(i) Nothing in this article alters or
abrogates any agreement in place on the effective date of this section between
West Virginia University Institute of Technology and Bridgemont BridgeValley
Community and Technical College relating to delivery of dual credit courses as
defined in section two, article one of this chapter §18B-1-2 of this
code;
(II)(ii) The community and technical college
may deliver technical courses that are part of a certificate or associate
degree program as early entrance or dual credit courses for high school
students; and
(III)(iii) Subject to an agreement between
the baccalaureate institution and the community and technical college, the
latter may deliver early entrance and dual credit courses as defined in section
two, article one of this chapter §18B-1-2 of this code to students
in high schools which are not served by the baccalaureate institution.
(C)(3) Eastern West Virginia Community
and Technical College. —
Eastern West Virginia Community and Technical College is free-standing
state institution of higher education seeking independent accreditation an
independently accredited state institution of higher education. The
president and the governing board of Eastern Community and Technical College
are responsible for achieving maintaining independent
accreditation and adhering to the essential conditions pursuant to section
three of this article §18B-3C-3 of this code.
(D)(4) Mountwest Community and Technical
College. —
(i)(A) Mountwest Community and Technical
College is an independently accredited state institution of higher education
which may maintain an association with Marshall University subject to the
provisions of section twelve of this article §18B-3C-12 of this code.
The president and the governing board of the community and technical college
are responsible for maintaining independent accreditation and adhering to the
essential conditions pursuant to section three of this article §18B-3C-3
of this code.
(ii)(B) Marshall University may continue
associate degree programs in areas of particular institutional strength which
are closely articulated to its 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 Mountwest Community and Technical College.
The terms of the contract shall be negotiated between the governing boards of
the community and technical college and Marshall University. The final contract
may not be implemented until approved by the council except that any contract
between the community and technical college and Marshall University related to
program delivery under the terms of this section in effect on July 1, 2008,
shall continue in effect until July 1, 2009, unless amended or revoked before
that date by mutual agreement of the contract parties with approval 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 Mountwest Community and Technical College.
(iii)(C) Dual credit course delivery
agreements. —
(I)(i) Nothing in this article alters or
abrogates any agreement in place on the effective date of this section between
Marshall University and Mountwest Community and Technical College relating to
delivery of dual credit courses as defined in section two, article one of
this chapter §18B-2-1 of this code;
(II)(ii) The community and technical college
may deliver technical courses that are part of a certificate or associate
degree program as early entrance or dual credit courses for high school
students; and
(III)(iii) Subject to an agreement between
the baccalaureate institution and the community and technical college, the
latter may deliver early entrance and dual credit courses as defined in section
two, article one of this chapter §18B-2-1 of this code to students
in high schools which are not served by the baccalaureate institution.
(E)(5) New River Community and Technical
College. —
(i)(A) New River Community and Technical
College is an independently accredited state institution of higher education
which may maintain an association with Bluefield State College subject to the
provisions of section twelve of this article §18B-3C-12 of this code.
The community and technical college is headquartered in or near Beckley 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.
(ii)(B) The president and the governing
board of New River Community and Technical College are responsible for
maintaining independent accreditation and adhering to the essential conditions
pursuant to section three of this article §18B-3C-3 of this code.
(iii)(C) Bluefield State College may
continue associate degree programs in areas of particular institutional
strength which are closely articulated to its 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 governing boards of the community and technical college and
Bluefield State College. The final contract may not be implemented until
approved by the council except that any contract between the community and
technical college and Bluefield State College related to program delivery under
the terms of this section in effect on July 1, 2008, shall continue in effect
until July 1, 2009, unless amended or revoked before that date by mutual
agreement of the contract parties with approval 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 New River Community and Technical
College.
(iv)(D) 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.
(v)(E) New River Community and Technical
College participates in the planning and development of a unified effort
involving multiple providers to meet the documented education and work force
development needs in the region. Nothing in this subdivision prohibits or
limits any existing, or the continuation of any existing, affiliation between 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.
(F) (6) Pierpont Community and Technical
College. --
(i) (A) Pierpont Community and Technical
College is an independent state institution of higher education seeking
independent accreditation. The president and the governing board of Pierpont
Community and Technical College, assisted by the president and governing board
of Fairmont State University, are responsible for the community and technical
college achieving independent accreditation and adhering to the essential
conditions pursuant to sections three and thirteen of this article.
(ii) (B) Fairmont State 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 Fairmont State University. The
final contract may not be implemented until approved by the council except
that any contract between the community and technical college and Fairmont
State University related to program delivery under the terms of this section in
effect on July 1, 2008, shall continue in effect until July 1, 2009, unless
amended or revoked before that date by mutual agreement of the contract parties
with approval 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. 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) Pursuant to the provisions of this subdivision, Fairmont State University shall apply to the council for approval to transfer of the Aviation Maintenance Program from Pierpont Community and Technical College to Fairmont State University. The transfer shall be completed in compliance with all accrediting bodies on or before July 1, 2023 and shall be maintained for a minimum of three years. Fairmont State University may not discontinue the aviation maintenance technology program or the Aviation Professional Flight Program until three years after providing notice to the council, commission and the Legislative Oversight Commission on Education Accountability.
(iii)(D) Dual credit course delivery
agreements. --
(I) (i) Nothing in this article alters or
abrogates any agreement in place on the effective date of this section between
Fairmont State University and Pierpont Community and Technical College relating
to delivery of dual credit courses as defined in section two, article one of
this chapter §18B-1-2 of this code;
(II)(ii) The community and technical college
may deliver technical courses that are part of a certificate or associate
degree program as early entrance or dual credit courses for high school
students; and
(III)(iii) Subject to an agreement between
the baccalaureate institution and the community and technical college, the
latter may deliver early entrance and dual credit courses as defined in section
two, article one of this chapter to students in high schools which are not
served by the baccalaureate institution.
(G)(7) Southern West Virginia Community
and Technical College. — Southern West Virginia Community and Technical
College is an independently-accredited, free-standing state institution
of higher education. The president and the governing board of Southern West
Virginia Community and Technical College are responsible for maintaining
independent accreditation and adhering to the essential conditions pursuant to section
three of this article §18B-3C-3 of this code.
(H)(8) West Virginia Northern Community
and Technical College. — West Virginia Northern Community and Technical
College is an independently-accredited, free-standing state institution
of higher education. The president and the governing board of the community and
technical college are responsible for maintaining independent accreditation and
adhering to the essential conditions pursuant to section three of this
article §18B-3C-3 of this code.
(I) Kanawha Valley Community and Technical College. --
(i) Kanawha Valley State Community and Technical
College is an independently accredited state institution of higher education
which may maintain an association with West Virginia State University subject
to the provisions of section twelve of this article. The president and the
governing board of the community and technical college are responsible for
maintaining independent accreditation and adhering to the essential conditions
pursuant to section three of this article.
(ii) West Virginia State University may continue
associate degree programs in areas of particular institutional strength which
are closely articulated to its 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 governing
boards of the community and technical college and West Virginia State
University. The final contract may not be implemented until approved by the
council except that any contract between the community and technical college
and West Virginia State University related to program delivery under the terms
of this section in effect on July 1, 2008, shall continue in effect until July
1, 2009, unless amended or revoked before that date by mutual agreement of the
contract parties with approval 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.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any
agreement in place on the effective date of this section between West Virginia
State University and Kanawha Valley Community and Technical College relating to
delivery of dual credit courses as defined in section two, article one of this
chapter;
(II) The community and technical college may deliver
technical courses that are part of a certificate or associate degree program as
early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may deliver
early entrance and dual credit courses as defined in section two, article one
of this chapter to students in high schools which are not served by the baccalaureate
institution
(J)(9) West
Virginia University at Parkersburg. —
(i)(A) West Virginia University at
Parkersburg is an independently accredited state institution of higher
education which may maintain an association with West Virginia University
subject to the provisions of section twelve of this article §18B-3C-12
of this code. The president and the governing board of the community and
technical college are responsible for maintaining independent accreditation and
adhering to the essential conditions pursuant to section three of this
article §18B-3C-3 of this code.
(ii)(B) Any contract between the community
and technical college and West Virginia University related to program delivery
under the authority of the council or related to delivery of baccalaureate
programs in effect on July 1, 2008 shall continue in effect unless amended or
revoked by mutual agreement of the contract parties with approval by the
council.
(iii)(C) In recognition of the unique and
essential part West Virginia University at Parkersburg plays in providing
education services in its region, the community and technical college may
continue delivering baccalaureate degree programs offered at the institution on
the effective date of this section, may implement additional baccalaureate programs
with the approval of the commission, and is strongly encouraged:
(I)(i) To continue and to
expand its role as a higher education center pursuant to subsection (c) of this
section; and
(II)(ii) To broker from West Virginia
University and other higher education institutions, as appropriate, additional
baccalaureate level degree programs the community and technical college
determines are needed in its service region. and
(III) (D)
Any baccalaureate degree programs offered at the community and technical
college shall be delivered under the authority of the commission. The program
shall be evaluated according to the benchmarks and indicators for baccalaureate
education developed by the commission.
Adopted
Rejected