Senate Bill No. 588
(By Senators Helmick, Tomblin (Mr. President),Plymale, Chafin,
Oliverio and Stollings)
____________
[Introduced February 16, 2010; referred to the Committee on
Education; and then to the Committee on Finance.]
____________
A BILL to repeal §18B-12-5 of the Code of West Virginia, 1931, as
amended;
to amend and reenact §5-6-4a of said code; to amend
and reenact §12-1-12d of said code;
to amend and reenact §18B-
1-6 of said code;
to amend and reenact §18B-1B-4 of said code;
to amend and reenact §18B-2A-3, §18B-2A-4 and §18B-2A-8 of
said code
;
to amend and reenact §18B-3-3
and §18B-3-4 of said
code
; to amend and reenact §18B-5-9 of said code
;
to amend and
reenact §18B-10-1 of said code; and to amend and reenact §18B-
12-1, §18B-12-2, §18B-12-3 and §18B-12-6 of said code
, all
relating to public higher education governance; reviewing
certain real property contracts;
repealing sunset provision
for pilot investment program for Marshall University and West
Virginia University; specifying certain powers and duties of commission, council and governing boards; specifying and
clarifying rule-making procedures; providing for review and
approval
of certain academic programs, operating and capital
budgets; providing a procedure to extend certain powers and
duties to certain state institutions of higher education;
requesting a study to examine feasibility of extending certain
purchasing authority to certain state institutions of higher
education; providing for review and approval of governing
boards' requests for tuition and fee increases; authorizing
research and development agreements between governing boards
of state institutions of higher education and certain
corporations; providing legislative findings and purpose;
providing certain definitions;
setting forth essential
criteria for certain corporations; specifying corporation
membership, organization and financial requirements; and
conforming certain corporation reporting provisions to federal
law.
Be it enacted by the Legislature of West Virginia:
That §18B-12-5 of the Code of West Virginia, 1931, as amended,
be repealed; that §5-6-4a of said code be amended and reenacted;
that §12-1-12d of said code be amended and reenacted; that §18B-1-6
of said code be amended and reenacted; that §18B-1B-4 of said code
be amended and reenacted; that §18B-2A-3, §18B-2A-4 and §18B-2A-8 of said code be amended and reenacted;
that §18B-3-3 and
§18B-3-4
of said code be amended and reenacted
;
that §18B-5-9 of said code
be amended and reenacted
;
that §18B-10-1 of said code be amended
and reenacted; and that
§18B-12-1, §18B-12-2, §18B-12-3 and §18B-
12-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 6. STATE BUILDINGS.
§5-6-4a. Review of real property contracts and agreements; master
plan for office space.
(a) The Secretary of Administration shall provide to the Joint
Committee on Government and Finance a copy of a contract or
agreement for real property exceeding $1 million and a report
setting forth a detailed summary of the terms of the contract or
agreement, including the name of the owner of the property and the
agent involved in the sale, at least thirty days prior to any sale,
exchange, transfer, purchase, lease purchase, lease or rental of
real property, any refundings of lease purchases, leases or rental
agreements, any construction of new buildings and any other
acquisition or lease of buildings, office space or grounds by
agency,
including the Higher Education Policy Commission, but excepting the transactions of
the Higher Education Policy
Commission, the Council for Community and Technical College
Education, the
governing boards of state institutions of higher
education
known as Marshall University and West Virginia University
and the Division of Highways for state road purposes pursuant to
article two-a, chapter seventeen of this code.
Provided, That A
contract or agreement for the lease purchase, lease or rental of
real property by any state agency, where the costs of real property
acquisition and improvements are to be financed, in whole or in
part, with bond proceeds, may contain a preliminary schedule of
rents and leases for purposes of review by the committee.
(b) For renewals of contracts or agreements required to be
reported by
the provisions of this section, the Secretary of
Administration shall provide a report setting forth a detailed
summary of the terms of the contract or agreement, including the
name of the owner of the property.
(c) Within thirty days after receipt of the contract, agreement
or report, the committee shall meet and review the contract,
agreement or report.
(d) On or before the first day of July, two thousand six, the
Secretary of Administration shall conduct an inventory of available
office space and office space needs and shall develop and present
a master plan for the utilization of office space for state agencies to the Joint Committee on Government and Finance.
(e) (d) The
Higher Education Policy Commission, the Council for
Community and Technical College Education and the governing boards
of the state institutions of higher education
known as Marshall
University and West Virginia University shall provide to the Joint
Committee on Government and Finance a copy of any contract or
agreement for real property exceeding $1 million and shall make
available to the Joint Committee on Government and Finance upon
request a summary of the terms of the contract or agreement,
including the name of the owner of the property and the agent
involved in the sale.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 1. STATE DEPOSITORIES.
§12-1-12d. Program for investments by Marshall University and West
Virginia University.
(a) Notwithstanding any provision of this article to the
contrary, the governing boards of Marshall University and West
Virginia University each may invest certain funds with its
respective nonprofit foundation that has been established to receive
contributions exclusively for that university and which exists on
January 1, 2005. Any such investment is subject to the limitations
of this section.
(b) A governing board, through its chief financial officer may enter into agreements, approved as to form by the State Treasurer,
for the investment by its foundation of certain funds subject to
their administration. Any interest or earnings on the moneys
invested is retained by the investing university.
(c) Moneys of a university that may be invested with its
foundation pursuant to this section are those subject to the
administrative control of the university that are collected under
an act of the Legislature for specific purposes and do not include
any funds made available to the university from the state General
Revenue Fund or the funds established in sections eighteen or
eighteen-a, article twenty-two, chapter twenty-nine of this code.
Moneys permitted to be invested under this section may be aggregated
in an investment fund for investment purposes.
(d) Of the moneys authorized for investment by this section,
Marshall University and West Virginia University each, respectively,
may have invested with its foundation at any time not more than the
greater of:
(1) Eighteen million dollars for Marshall University and $25
million for West Virginia University; or
(2) Sixty-five percent of its unrestricted net assets as
presented in the statement of net assets for the fiscal year end
audited financial reports.
(e) Investments by foundations that are authorized under this section shall be made in accordance with and subject to
the
provisions of the Uniform Prudent Investor Act codified as article
six-c, chapter forty-four of this code. As part of its fiduciary
responsibilities, each governing board shall establish investment
policies in accordance with the Uniform Prudent Investor Act for
those moneys invested with its foundation. The governing board
shall review, establish and modify, if necessary, the investment
objectives as incorporated in its investment policies
so as to
provide for the financial security of the moneys invested with its
foundation. The governing boards shall give consideration to the
following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
(f) A governing board shall report annually by December 1, to
the Governor and to the Joint Committee on Government and Finance
on the performance of investments managed by its foundation pursuant
to this section.
(g) The authority of a governing board to invest moneys with
its foundation pursuant to this section expires on the first day of
July, two thousand ten.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-6. Rulemaking.
(a) The commission is hereby empowered to promulgate, adopt,
amend or repeal rules, in accordance with
the provisions of article
three-a, chapter twenty-nine-a of this code, subject to
the
provisions of section three of this article.
(b) The council is hereby empowered to promulgate, adopt, amend
or repeal rules in accordance with
the provisions of article three-
a, chapter twenty-nine-a of this code and subject to
the provisions
of section three of this article. This grant of rule-making power
extends only to those areas over which the council has been granted
specific authority and jurisdiction by law.
(c) As it relates to the authority granted to governing boards
of state institutions of higher education to promulgate, adopt,
amend or repeal any rule under
the provisions of this code:
(1) "Rule" means any regulation, guideline, directive,
standard, statement of policy or interpretation of general
application which has institution-wide effect or which affects the
rights, privileges or interests of employees, students or citizens. Any regulation, guideline, directive, standard, statement of policy
or interpretation of general application that meets this definition
is a rule for the purposes of this section.
(2) Regulations, guidelines or policies established for
individual units, divisions, departments or schools of the
institution, which deal solely with the internal management or
responsibilities of a single unit, division, department or school or
with academic curricular policies that do not constitute a mission
change for the institution, are excluded from this subsection,
except for the requirements relating to posting.
(3) The commission and council each shall promulgate a rule to
guide the development and approval of rules made by their respective
governing boards, including the governing boards of Marshall
University and West Virginia University. The rules promulgated by
the commission and council shall include, but are not limited to,
the following provisions which shall be included in the rule on
rules adopted by each governing board of a state institution of
higher education:
(A) A procedure to ensure that public notice is given and that
the right of interested parties to have a fair and adequate
opportunity to respond is protected, including providing for a
thirty-day public comment period prior to final adoption of a rule;
(B) Designation of a single location where all proposed and approved rules, guidelines and other policy statements are posted
and can be accessed by the public;
and
(C) A procedure to maximize Internet access to all proposed and
approved rules, guidelines and other policy statements to the extent
technically and financially feasible;
and
(D) A procedure for the governing board to submit its rules for
review and approval to the commission or council, as appropriate.
(d) Nothing in this section requires that any rule reclassified
or transferred by the commission or the council under this section
be promulgated again under the procedures set out in article three-
a, chapter twenty-nine-a of this code unless the rule is amended or
modified.
(e) The commission and council each shall file with the
Legislative Oversight Commission on Education Accountability any
rule it proposes to promulgate, adopt, amend or repeal under the
authority of this article.
(f) The governing boards
of Marshall University and West
Virginia University, respectively, shall promulgate and adopt any
rule which they are required to adopt by this chapter or chapter
eighteen-c of this code no later than
the first day of July 1, two
thousand five July 1, 2011. On and after this date:
(1) Any rule of
either a governing board which meets the
definition set out in subsection (c) of this section and which has not been promulgated and adopted by formal vote of the appropriate
governing board is void and may not be enforced;
(2) Any authority granted by this code which inherently
requires the governing board to promulgate and adopt a rule is void
until the governing board complies with
the provisions of this
section.
(g) Within thirty days of the adoption of a rule, including
repeal or amendment of an existing rule,
the and before the change
is implemented, a governing
boards of Marshall University and West
Virginia University, respectively, board shall furnish
to the
commission or the council, as appropriate, a copy of each rule which
it has
been formally adopted
to the commission or the council, as
appropriate, for review and approval;
(h)
Not later than Annually, by October 1,
2005, and annually
thereafter, each governing board
of a state institution of higher
education shall file with the commission or the council, as
appropriate, a list of all institutional rules that were in effect
for that institution on July 1 of that year, including the most
recent date on which each rule was considered and adopted, amended
or repealed by the governing board. For all rules adopted, amended
or repealed after the effective date of this section, the list shall
include a statement by the chair of the governing board certifying
that the governing board has complied with
the provisions of this section when each listed rule was adopted.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-4. Powers and duties of Higher Education Policy Commission.
(a) The primary responsibility of the commission is to develop,
establish and implement policy that will achieve the goals and
objectives found in section one-a, article one
and article one-d of
this chapter. The commission shall exercise its authority and carry
out its responsibilities in a manner that is consistent and not in
conflict with the powers and duties assigned by law to the West
Virginia Council for Community and Technical College Education and
the powers and duties assigned to the governing boards.
of Marshall
University and West Virginia University, respectively. To that end,
the commission has the following powers and duties relating to the
institutions governing boards under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda
pursuant to
section one, article one-a article one-d of this chapter
to address major challenges facing the state, including, but not
limited to, the goals and objectives found in section one-a, article
one
and article one-d of this chapter and including specifically
those goals and objectives pertaining to the compacts created
pursuant to section
two seven, article
one-a one-d of this chapter
and to develop and implement the master plan described in section
nine of this five, article
one-d of this chapter for the purpose of accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation jointly
with the council of a financing policy for higher education in West
Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the
West Virginia Council
for Community and Technical
College Education pursuant to
the provisions of section six, article
two-b of this chapter;
(3) In collaboration with the council, create a policy
leadership structure capable of the following actions:
(A) Developing, building public consensus around and sustaining
attention to a long-range public policy agenda. In developing the
agenda, the commission and council shall seek input from the
Legislature and the Governor and specifically from the state Board of Education and local school districts in order to create the
necessary linkages to assure smooth, effective and seamless movement
of students through the public education and post-secondary education
systems and to ensure that the needs of public school courses and
programs can be fulfilled by the graduates produced and the programs
offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the
higher education institutions governing boards
and the higher education systems as a whole accountable for
accomplishing their missions and implementing
the provisions of the
their compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Serve as the accountability point to
state policy leaders:
(A) The Governor for implementation of the public policy agenda;
and
(B) The Legislature by maintaining a close working relationship
with the legislative leadership and the Legislative Oversight
Commission on Education Accountability;
(7) Jointly with the council, promulgate legislative rules pursuant to article three-a, chapter twenty-nine-a of this code to
fulfill the purposes of section five, article one-a of this chapter;
(8) Establish and implement a peer group for each institution
as described in section three, article one-a of this chapter;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions pursuant to
section two, article one-a of this chapter
and article one-d of this
chapter;
(10) Annually report to the Legislature and to the Legislative
Oversight Commission on Education Accountability during the January
interim meetings on a date and at a time and location to be
determined by the President of the Senate and the Speaker of the
House of Delegates. The report shall address at least the following:
(A) The performance of its system of higher education during the
previous fiscal year, including, but not limited to, progress in
meeting goals stated in the compacts and progress of the institutions
and the higher education system as a whole in meeting the goals,
and
objectives
and priorities set forth in section one-a, article one of
this chapter
and article one-d of this chapter;
(B) An analysis of enrollment data collected pursuant to section
one, article ten of this chapter and recommendations for any changes
necessary to assure access to high-quality, high-demand education programs for West Virginia residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (11) of this subsection and the justification
for
such the priority;
(D) Recommendations of the commission for statutory changes
needed to further the goals,
and objectives
and priorities set forth
in section one-a, article one of this chapter
and article one-d of
this chapter;
(11) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments for consideration by the Governor and the Legislature as
part of the appropriation request process.
It is the responsibility
of the commission to assure a fair distribution of funds for capital
projects between the commission and the council. To that end the
commission shall take the following steps:
(A) Receive the list of priorities developed by the council for
capital investment for the institutions under the council's
jurisdiction pursuant to subsection (b), section six, article two-b
of this chapter;
(B) Place the ranked list of projects on the agenda for action
within sixty days of the date on which the list was received;
(C) Select a minimum of three projects from the list submitted
by the council to be included on the ranked list established by the commission. At least one of the three projects selected must come
from the top two priorities established by the council;
(12)
Maintain guidelines Promulgate rules establishing standards
for institutions to follow concerning extensive capital project
management.
except the governing boards of Marshall University and
West Virginia University are not subject to the provisions of this
subdivision as it relates to the state institutions of higher
education known as Marshall University and West Virginia University.
The guidelines shall provide a process for developing capital
projects, including, but not limited to, the notification by an
institution to the commission of any proposed capital project which
has the potential to exceed $1 million in cost. Such a project may
not be pursued by an institution without the approval of the
commission;
An institution may not participate directly or
indirectly with any public or private entity in any capital project
which has the potential to exceed one million dollars in cost;
(13) Acquire legal services as
are considered necessary,
including representation of the commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the commission may, but is not
required to, call upon the Attorney General for legal assistance and representation as provided by law;
(14) Employ a Chancellor for Higher Education pursuant to
section five of this article;
(15) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the commission and the
council, in accordance with
the provisions of article four of this
chapter;
(16) Provide suitable offices in Charleston for the chancellor,
vice chancellors and other staff;
(17) Advise and consent in the appointment of the presidents of
the institutions of higher education under its jurisdiction pursuant
to section six of this article. The role of the commission in
approving an institutional president is to assure through personal
interview that the person selected understands and is committed to
achieving the goals and objectives
as set forth in the institutional
compact,
and in section one-a, article one
and article one-d of this
chapter;
(18) Approve the total compensation package from all sources for
presidents of institutions under its jurisdiction, as proposed by the
governing boards. The governing boards must obtain approval from the
commission of the total compensation package both when institutional
presidents are employed initially and afterward when any change is
made in the amount of the total compensation package;
(19) Establish and implement the policy of the state to assure
that parents and students have sufficient information at the earliest
possible age on which to base academic decisions about what is
required for students to be successful in college, other post-
secondary education and careers related, as far as possible, to
results from current assessment tools in use in West Virginia;
(20) Approve and implement a uniform standard jointly with the
council to determine which students shall be placed in remedial or
developmental courses. The standard shall be aligned with college
admission tests and assessment tools used in West Virginia and shall
be applied uniformly by the governing boards throughout the public
higher education system. The chancellors shall develop a clear,
concise explanation of the standard which they shall communicate to
the State Board of Education and the State Superintendent of Schools;
(21) Review and approve or disapprove capital projects as
described in subdivision (11) of this subsection;
(22) Jointly with the council, develop and implement an
oversight plan to manage systemwide technology such as the following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality educational
offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to nontraditional
students, to provide services to business and industry and increase the management capabilities of the higher education system.
(C) Notwithstanding any other provision of law or this code to
the contrary, the council, commission and
state institutions of
higher education governing boards are not subject to the jurisdiction
of the Chief Technology Officer for any purpose;
(23) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to
incur additional costs as
is are consistent with sound academic
policy;
(24) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution with
as few requirements to repeat courses or to incur additional costs
as
is are consistent with sound academic policy;
(25) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
master's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur additional costs as
is are consistent with sound academic policy;
(26) Establish and implement policies and programs, in
cooperation with the council and the institutions of higher
education, through which students who have gained knowledge and
skills through employment, participation in education and training
at vocational schools or other education institutions, or Internet-
based education programs, may demonstrate by competency-based
assessment that they have the necessary knowledge and skills to be
granted academic credit or advanced placement standing toward the
requirements of an associate degree or a bachelor's degree at a state
institution of higher education;
(27) Seek out and attend regional, national and international
meetings and forums on education and workforce development-related
topics as, in the commission's discretion,
is are critical for the
performance of their duties as members, for the purpose of keeping
abreast of education trends and policies to aid it in developing the
policies for this state to meet the established education goals,
and
objectives
and priorities pursuant to section one-a, article one of
this chapter
and article one-d of this chapter;
(28) Develop, establish and implement a rule for higher
education governing boards and institutions to follow when
considering capital projects. The
guidelines rule shall assure that
the governing boards and institutions do not approve or promote capital projects involving private sector businesses which would have
the effect of reducing property taxes on existing properties or
avoiding, in whole or in part, the full amount of taxes which would
be due on newly-developed or future properties;
(29) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government a budget that
reflects recommended appropriations from the commission and the
institutions under its jurisdiction. The commission shall submit as
part of its budget proposal the separate recommended appropriations
it received from the council, both for the council and
for the
institutions governing boards under the council's jurisdiction. The
commission annually shall submit the proposed
institutional
allocations based on each institution's progress toward meeting the
goals of its
institutional compact;
(30) The commission has the authority to assess institutions
under its jurisdiction, including
the state institutions of higher
education known as Marshall University and West Virginia University,
for the payment of expenses of the commission or for the funding of
statewide higher education services, obligations or initiatives
related to the goals set forth for the provision of public higher
education in the state;
(31) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education governing boards for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(32) Make appointments to boards and commissions where this code
requires appointments from the State College System Board of
Directors or the University of West Virginia System Board of Trustees
which were abolished effective June 30, 2000, except in those cases
where the required appointment has a specific and direct connection
to the provision of community and technical college education, the
appointment shall be made by the council. Notwithstanding any
provisions of this code to the contrary, the commission or the
council may appoint one of its own members or any other citizen of
the state as its designee. The commission and council shall appoint
the total number of persons in the aggregate required to be appointed
by these previous governing boards;
(33) Pursuant to
the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The commission and the council shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
(34) Determine when a joint rule among the governing boards of the institutions under its jurisdiction is necessary or required by
law and, in those instances, in consultation with the governing
boards of all the institutions under its jurisdiction, promulgate the
joint rule;
(35) In consultation with the governing boards
of Marshall
University and West Virginia University, implement a policy jointly
with the council whereby course credit earned at a community and
technical college transfers for program credit at any other state
institution of higher education and is not limited to fulfilling a
general education requirement;
(36) Promulgate a
joint rule
with the council establishing
tuition and fee policy for all institutions of higher education
under
the jurisdiction of the commission,
other than including state
institutions of higher education known as Marshall University and
West Virginia University.
which are subject to the provisions of
section one, article ten of this chapter. The rule shall include,
but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the commission and council consider
appropriate;
(37) Implement general disease awareness initiatives to educate
parents and students, particularly dormitory residents, about
meningococcal meningitis; the potentially life-threatening dangers
of contracting the infection; behaviors and activities that can
increase risks; measures that can be taken to prevent contact or
infection; and potential benefits of vaccination. The commission
shall encourage institutions that provide medical care to students
to provide access to the vaccine for those who wish to receive it;
and
(38) Notwithstanding any other provision of this code to the
contrary, sell, lease, convey or otherwise dispose of all or part of
any real property which it may own, either by contract or at public
auction, and
to retain the proceeds of
any such the sale or lease:
Provided, That:
(A) The commission may not sell, lease, convey or otherwise
dispose of any real property
without unless it first
meets the
following requirements:
(i)
Providing Provides notice to the public in the county in
which the real property is located by a Class II legal advertisement
pursuant to section two, article three, chapter fifty-nine of this
code;
(ii)
Holding Holds a public hearing on the issue in the county
in which the real property is located; and
(iii)
Providing Provides notice to the Joint Committee on
Government and Finance.
and
(B) Any proceeds from the sale, lease, conveyance or other
disposal of real property that is used jointly by institutions or for
statewide programs under the jurisdiction of the commission or the
council shall be transferred to the General Revenue Fund of the
state.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the commission has the following general powers
and duties related to its role in developing, articulating and
overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership, including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting the
system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission
definitions, including use of incentive funds to influence
institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval
of bachelor's and
master's degree programs for
institutions governing boards under its
jurisdiction,
including Marshall University and West Virginia University. including The
review and approval includes use of
institutional missions as a template to judge the appropriateness of
both new and existing programs and the authority to implement needed
changes;
The commission's authority to review and approve academic
programs for either the state institution of higher education known
as Marshall University or West Virginia University is limited to
programs that are proposed to be offered at a new location not
presently served by that institution;
(5) Distribution of funds appropriated to the commission,
including incentive and performance-based
funding funds;
(6) Administration of state and federal student aid programs
under the supervision of the vice chancellor for administration,
including promulgation of
any rules necessary to administer those
programs;
(7) Serving as the agent to receive and disburse public funds
when a governmental entity requires designation of a statewide higher
education agency for this purpose;
(8) Development, establishment and implementation of
information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Jointly with the council, developing, establishing and implementing policies for licensing and oversight for both public and
private degree-granting and nondegree-granting institutions that
provide post-secondary education courses or programs in the state;
pursuant to the findings and policy recommendations required by
section eleven of this article;
(10) Development, implementation and oversight of statewide and
region-wide projects and initiatives related to providing post-
secondary education at the baccalaureate level and above such as
those using funds from federal categorical programs or those using
incentive and performance-based
funding funds from any source;
and
(11) Quality assurance that intersects with all other duties of
the commission particularly in the areas of research, data collection
and analysis, planning, policy analysis, program review and approval,
budgeting and information and accountability systems;
and
(12) Development of budget and allocation of resources for
governing boards under its jurisdiction, including reviewing and
approving institutions' operating and capital budgets and
distributing incentive and performance-based funds.
(c) In addition to the powers and duties provided in subsections
(a) and (b) of this section and any other powers and duties
as may
be assigned to it by law, the commission has such other powers and
duties
as may be necessary or expedient to accomplish the purposes
of this article.
(d) The commission is authorized to withdraw specific powers of
any a governing board
of an institution under its jurisdiction for
a period not to exceed two years, if the commission
makes a
determination determines that
any of the following conditions exist:
(1) The governing board has failed for two consecutive years to
develop an institutional compact as required in article one
-d of this
chapter;
(2) The commission has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the
board of Governors governing board
according to state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the
board of Governors governing board
to carry out its duties and responsibilities.
The
commission may not withdraw specific powers for a period
of
withdrawal of specific powers may not exceed exceeding two years
during which time
the commission it is authorized to shall take steps
necessary to reestablish
the conditions for restoration of sound,
stable and responsible institutional governance.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-3. Supervision of governing boards; promulgation of rules.
(a) The governing boards are subject to the supervision of the
Commission or the Council, as appropriate
, including except for the governing boards of Marshall University and West Virginia University.
as it relates to the state institutions of higher education known as
Marshall University and West Virginia University. The Chancellor for
Higher Education and the Chancellor for Community and Technical
College Education, under the supervision of their respective boards,
are responsible for the coordination of policies and purposes of the
governing boards and shall provide for and facilitate sufficient
interaction among the governing boards and between the governing
boards and the State Board of Education to meet the goals and
objectives provided in the compacts and in section one-a, article one
of this chapter
and article one-d of this chapter.
(b) The governing boards and the State Board of Education shall
provide any and all information requested by the Commission or the
Council in an appropriate format and in a timely manner.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state institution
of higher education under its jurisdiction;
(b) Develop a master plan for the institution under its
jurisdiction.
(1) The ultimate responsibility for developing and updating the master plans at the institutional level resides with the
board of
Governors governing board, but the ultimate responsibility for
approving the final version of the institutional master plans,
including periodic updates, resides with the commission or council,
as appropriate.
(2) Each master plan shall include, but
is not
be limited to,
the following:
(A) A detailed demonstration of how the master plan will be used
to meet the goals and objectives of the institutional compact;
(B) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in a plan to assure that the needs of the
institution's area of responsibility for a quality system of higher
education are addressed;
(C)
Document Documentation of the involvement of the commission
or council, as appropriate, institutional constituency groups,
clientele of the institution and the general public in the
development of all segments of the institutional master plan.
(3) The plan shall be established for periods of not
less fewer
than three nor more than five years and shall be revised periodically
as necessary, including the addition or deletion of degree programs
as, in the discretion of the appropriate governing board, are necessary;
(c) Prescribe for the institution under its jurisdiction, in
accordance with its master plan and compact, specific functions and
responsibilities to achieve the goals, objectives and priorities
established in articles one and one-d of this chapter to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;
(d) Direct the preparation of a budget request for the
institution under its jurisdiction, which relates directly to
missions, goals and projections
as found in the
institutional master
plan and the
institutional compact;
(e) Consider, revise and submit
for review and approval to the
commission or council, as appropriate, a budget request on behalf of
the institution under its jurisdiction;
(f) Review, at least every five years, all academic programs
offered at the institution under its jurisdiction. The review shall
address the viability, adequacy and necessity of the programs in
relation to established state goals, objectives and priorities, the
institutional master plan, the institutional compact and the
education and workforce needs of its responsibility district. As a
part of the review, each governing board shall require the
institution under its jurisdiction to conduct periodic studies of its
graduates and their employers to determine placement patterns and the effectiveness of the education experience. Where appropriate, these
studies should coincide with the studies required of many academic
disciplines by their accrediting bodies;
(g) Ensure that the sequence and availability of academic
programs and courses offered by the institution under its
jurisdiction is such that students have the maximum opportunity to
complete programs in the time frame normally associated with program
completion. Each governing board is responsible to see that the
needs of nontraditional college-age students are appropriately
addressed and, to the extent it is possible for the individual
governing board to control, to assure core course work completed at
the institution under its jurisdiction is transferable to any other
state institution of higher education for credit with the grade
earned;
(h) Subject to
the provisions of article one-b of this chapter,
approve the teacher education programs offered in the institution
under its control. In order to permit graduates of teacher education
programs to receive a degree from a nationally accredited program and
in order to prevent expensive duplication of program accreditation,
the commission may select and use one nationally recognized teacher
education program accreditation standard as the appropriate standard
for program evaluation;
(i)
Use Involve faculty, students and classified employees in institutional-level planning and decision-making when those groups
are affected;
(j) Subject to
the provisions of federal law and pursuant to
the
provisions of article articles seven, eight and nine of this chapter
and to rules adopted by the commission and the council, administer
a system for the management of personnel matters, including, but not
limited to, personnel classification, compensation and discipline for
employees at the institution under its jurisdiction;
(k) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article two, chapter six-c of
this code is the exclusive mechanism for hearing prospective employee
grievances and appeals;
(l) Solicit and use or expend voluntary support, including
financial contributions and support services, for the institution
under its jurisdiction;
(m) Appoint a president for the institution under its
jurisdiction subject to
the provisions of section six, article one-b
of this chapter;
(n) Conduct written performance evaluations of the president
pursuant to section six, article one-b of this chapter;
(o) Employ all faculty and staff at the institution under its
jurisdiction. The employees operate under the supervision of the president, but are employees of the governing board;
(p) Submit to the commission or council, as appropriate, no
later than the first day of November of each year an annual report
of the performance of the institution under its jurisdiction during
the previous fiscal year
as compared to established state goals,
objectives, and priorities, and goals stated in its master plan and
institutional compact;
(q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the public
institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal, the
boards may share resources among the various groups in the community;
(r) Provide and transfer
funding funds and property to certain
corporations pursuant to section ten, article twelve of this chapter;
(s) Delegate, with prescribed standards and limitations, the
part of its power and control over the business affairs of the
institution to the president in any case where it considers the
delegation necessary and prudent in order to enable the institution
to function in a proper and expeditious manner and to meet the
requirements of its master plan and institutional compact. If a
governing board elects to delegate any of its power and control under
the provisions of this subsection, it shall enter the delegation in
the minutes of the meeting when the decision was made and shall
notify the commission or council, as appropriate. Any delegation of
power and control may be rescinded by the appropriate governing
board, the commission or council, as appropriate, at any time, in
whole or in part;
except that the commission may not revoke
delegations of authority made by the governing boards of §Marshall
University or West Virginia University as they relate to the state
institutions of higher education known as Marshall University and
West Virginia University;
(t) Unless changed by the commission or the council, as
appropriate, continue to abide by existing rules setting forth
standards for
acceptance of accepting advanced placement credit for
the institution under its jurisdiction. Individual departments at
a state institution of higher education,
with may, upon approval of
the
institutional faculty senate,
may require higher scores on the
advanced placement test than scores designated by the
governing board
governing board when the credit is to be used toward meeting a
requirement of the core curriculum for a major in that department;
(u) Consult, cooperate and
work coordinate with the State
Treasurer and the State Auditor to update as necessary and maintain
an efficient and cost-effective system for the financial management
and expenditure of special revenue and appropriated state funds at the institution under its jurisdiction.
that ensures The system shall
ensure that properly submitted requests for payment be paid on or
before due date but, in any event, within fifteen days of receipt in
the State Auditor's office;
(v) In consultation with the appropriate chancellor and the
Secretary of the Department of Administration, develop, update as
necessary and maintain a plan to administer a consistent method of
conducting personnel transactions, including, but not limited to,
hiring, dismissal, promotions,
changes in salary or compensation and
transfers at the institution under its jurisdiction. Each personnel
transaction shall be accompanied by the appropriate standardized
system or forms,
as appropriate, which shall be submitted to the
respective governing board and the Department of Finance and
Administration:
(1) Not later than July 1, 2011, the Department of
Administration shall make available to each governing board the
option of using a standardized electronic system for these personnel
transactions.
(2) The Secretary of the Department of Administration may
suspend the participation of a governing board in the standardized
electronic system if he or she certifies to the Governor that the
governing board has failed repeatedly and substantially to comply
with the department's policies for administering the electronic system;
(w) Notwithstanding any other provision of this code to the
contrary, transfer funds from any account specifically appropriated
for its use to any corresponding line item in a general revenue
account at any agency or institution under its jurisdiction as long
as
such the transferred funds are used for the purposes appropriated;
(x) Transfer funds from appropriated special revenue accounts
for capital improvements under its jurisdiction to special revenue
accounts at agencies or institutions under its jurisdiction as long
as
such the transferred funds are used for the purposes appropriated;
(y) Notwithstanding any other provision of this code to the
contrary, acquire legal services that are necessary, including
representation of the governing board, its institution, employees and
officers before any court or administrative body. The counsel may
be employed either on a salaried basis or on a reasonable fee basis.
In addition, the governing board may, but is not required to, call
upon the Attorney General for legal assistance and representation as
provided by law; and
(z) Contract and pay for disability insurance for a class or
classes of employees at a state institution of higher education under
its jurisdiction.
§18B-2A-8. Additional powers and duties of governing boards.
(a)
The governing board of a state institution of higher education is granted the powers
and duties
and authorities previously
granted to
the state institutions of higher education known as the
governing boards of Marshall University and West Virginia University,
subject to the following: if
(1) The institutional operating budgets of all institutions to
which this section applies have achieved a level of funding
comparable with, but not less than ninety percent of, their
respective peers, as established pursuant to section three, article
one-a of this chapter;
(2) the commission
or council, as appropriate, approves granting
the powers
and duties
and authorities to that
institution governing
board.
and
(3) The powers, duties and authorities may not be granted to any
institution prior to the first day of July, two thousand twelve.
(b) The commission and council, each, has the power and the duty
to monitor participation and provide technical assistance, as
requested or required, to a governing board under its respective
jurisdiction and to limit the exercise of the powers, in whole or in
part, granted by this section to a governing board if, in the sole
determination of the commission or council, as appropriate, that
action is warranted.
(b) (c) The powers
and duties
and authorities that may be
granted pursuant to this section are
those provided in the following:
(1) Section four-a, article six, chapter five of this code;
(2)(1) Section two, Article one, chapter five-g of this code;
(3) Section twelve-b, article one, chapter twelve of this code;
(4)(2) Sections five, six,
and seven,
and eight, article three,
chapter twelve of this code;
(5) Sections three and six, article one of this chapter;
(6) Section two, article one-a of this chapter;
(7) Section four, article one-b of this chapter;
(8) Sections three and four of this article;
(9)(3) Sections Section two,
and three article three of this
chapter;
(10)(4) Sections five, five-a, six and seven, article four of
this chapter;
(11)(5) Sections three, four, Section seven
and nine, article
five of this chapter; and
(12)(6) Sections one and Section six-a, article ten of this
chapter.
(c) This section does not apply to any community and technical
college.
(d) Feasibility study; additional powers and duties. --
(1) The commission and council shall conduct a study to
determine the feasibility and necessity of extending the powers and
duties granted to the governing boards of Marshall University and West Virginia University by section four, article five of this
chapter to the governing boards of other state institutions of higher
education under their respective jurisdictions and shall report their
findings and recommendations to the Legislative Oversight Commission
on Education Accountability by December 1, 2010.
(2) The report shall include a list of the governing boards, if
any, under the jurisdiction of the commission, that the commission
recommends be approved, and a separate list of the governing boards,
if any, under the jurisdiction of the council, that the council
recommends be approved.
(3) The Legislative Oversight Commission on Education
Accountability shall approve or disapprove each list separately and
the commission or council, as appropriate, may grant the additional
powers and duties set forth in section four, article five of this
chapter to the governing board of any state institution of higher
education under its jurisdiction whose name appears on an approved
list.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH DOCTORAL-
GRANTING PUBLIC UNIVERSITIES AND OTHER STATE
INSTITUTIONS OF HIGHER EDUCATION.
§18B-3-3. Relationship of governing boards to the commission and
the council.
(a)
Relationship between the commission and the governing boards. --
(1) The commission functions as a state-level coordinating board
exercising its powers and duties in relation to the governing boards
of Marshall University and West Virginia University only as
specifically prescribed by law;
(2) The primary responsibility of the commission is to work
collaboratively with the governing boards to research, develop and
propose policy that will achieve the established goals and objectives
set forth in this chapter and chapter eighteen-c of this code; and
(3) The commission has specific responsibilities which include,
but are not limited to, the following:
(A) Advocating for public higher education at the state level;
and
(B) Collecting and analyzing data, researching, developing
recommendations, and advising the Legislature and the Governor on
broad policy initiatives, use of incentive
funding funds, national
and regional trends in higher education and issues of resource
allocation involving multiple governing boards.
(b)
Relationship between the council and the governing boards.
--
(1) The council maintains all powers and duties assigned to it
by law or
policy rule relating to
the institution known as Marshall
Mountwest Community and Technical College,
the institution known as The Community and Technical College at West Virginia University
Institute of Technology Bridgemont Community and Technical College
and
the institution known as West Virginia University at Parkersburg;
(2) The council functions as a coordinating board for the
institutions under its jurisdiction which make up the statewide
network of independently-accredited community and technical colleges.
In addition to recognizing the authority assigned by law to the
council and abiding by rules duly promulgated by the council relating
to the community and technical colleges, it is the responsibility of
the governing boards
of Marshall University and West Virginia
University to exercise their authority and carry out their
responsibilities in a manner that is consistent with and
complementary to the powers and duties assigned by law or
policy rule
to the community and technical colleges or to the council;
(c) The governing boards shall work collaboratively with the
commission, the council and their staff to provide any and all
information requested by the commission or the council in an
appropriate format and in a timely manner.
§18B-3-4. Duty of governing boards to address state priorities.
(a) The expertise of faculty and graduate students at
the state
institutions of higher education known as Marshall University and
West Virginia University is important to every citizen of this state.
It is the responsibility of the governing boards to channel this expertise into research and analysis that will yield measurable
benefits to the citizens of West Virginia. Therefore, in addition
to the goals for post-secondary education established in section one-
a, article one of this chapter
and article one-d of this chapter, and
goals established elsewhere in this code, it is the responsibility
of the governing boards in collaboration to concentrate attention and
resources on certain specific state priorities that have a direct,
positive impact on the economic, social and cultural well-being of
the people of West Virginia. These priorities include, but are not
limited to, the following:
(1) Developing Regional Brownfield Assistance Centers pursuant
to section seven, article eleven of this chapter;
(2) Performing professional development-related research and
coordinating the delivery of professional development to educators
in the public schools of the state pursuant to
the provisions of
article two, chapter eighteen of this code;
and
(3) Building subject matter expertise in public
school
education finance, including mastery of the theories and concepts
used in developing formulas to provide state-level financial support
to public education;
and
(4) Researching and proposing cost-efficient methods to the
Legislature for governing boards other than Marshall University and
West Virginia University to dispose of obsolete computers and computer-related equipment.
(b) The Legislature may, but is not required to, make additional
appropriations for the benefit of
the state institutions of higher
education known as Marshall University and West Virginia University
to assist them in fulfilling the purposes set forth in subsection (a)
of this section.
(c) In addition to the priorities established in subsection (a)
of this section, each governing board
under the jurisdiction of the
commission separately shall focus resources and attention on
improving
their its graduation
rates rate for full-time undergraduate
students as a specific institutional priority. The graduation rate
is measured as a percentage of the
number of undergraduate students
who obtain a degree within six years of the date of enrollment as
full-time freshmen. The governing boards shall develop and implement
plans to reach the following goals:
(1) Marshall University shall attain a graduation rate for full-
time undergraduate students
of forty percent by the first day of
July, two thousand eight, and shall attain a graduation rate for
full-time undergraduate students of forty-five percent by July 1,
2010.
Thereafter, the governing board of Marshall University is
subject to subdivision three of this subsection.
(2) West Virginia University shall attain a graduation rate for
full-time undergraduate students
of sixty percent by the first day of July, two thousand eight, and shall attain a graduation rate for
full-time undergraduate students of sixty-three percent by July 1,
2010.
Thereafter, the governing board of West Virginia University
is subject to subdivision three of this subsection.
(3) The governing board of each state institutions of higher
education under the jurisdiction of the commission shall attain a
graduation rate for full-time undergraduate students that equals or
exceeds the graduation rate of its peers established under section
three, article one-a of this chapter by July 1, 2015.
(3) (4) The Commission shall monitor and report
annually by
December 1,
2005, and annually thereafter, to the Legislative
Oversight Commission on Education Accountability on the progress of
the governing boards toward meeting the goals set forth in
subdivisions (1) and (2) of this subsection.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-9. Higher education fiscal responsibility.
(a) The governing boards
under the jurisdiction of the
commission of Marshall University and West Virginia University each
shall ensure the fiscal integrity of
its their operations using best
business and management practices.
(1) The practices include at least the following:
(A) Complying with Generally Accepted Accounting Principles of
the Governmental Accounting Standards Board (GAAP); and the Generally Accepted Government Auditing Standards of the Government
Accountability Office (GAGAS);
(B) Operating without material weakness in internal controls as
defined by GAAP, GAGAS and, where applicable, the Office of
Management and Budget (OMB) Circular A-133;
(C) Maintaining annual audited financial statements with an
unqualified opinion;
(D) Presenting annual audited financial statements,
as
coordinated and directed by the commission, to the
respective
governing board;
(E) Maintaining quarterly financial statements certified by the
chief financial officer of the institution; and
(F) Implementing best practices from Sarbanes-Oxley, or adopting
the applicable tenets of Sarbanes-Oxley as best practices.
(2)
Marshall University, West Virginia University The governing
boards, under the jurisdiction of the commission and
the any research
corporation
of affiliated with each:
(A) Shall comply with the OMB Circular A-133 annual grant award
audit requirements; and
(B)
Is Are exempt from
the provisions of section fourteen,
article four, chapter twelve of this code.
(3) Within thirty days of the completion of the financial audit
report, the governing boards
of Marshall University and West Virginia University each shall furnish to the commission, the Legislative
Oversight Commission on Education Accountability and the Joint
Committee on Government and Finance copies of the annual audited
financial statements.
(b) The commission or council, as appropriate, shall ensure the
fiscal integrity of any electronic process conducted at its offices
and at all other institutions
using by applying best business and
management practices.
(c)
Marshall University, West Virginia University The governing
boards, the council and the commission each shall implement a process
whereby, to the maximum extent practicable,
their employees
of
Marshall University, West Virginia University, the Council,
Commission and all other state institutions of higher education
receive their wages via electronic transfer or direct deposit.
(d) Notwithstanding
the provisions of section ten-a, article
three, chapter twelve of this code, and except as otherwise provided
in this subsection, the amount of any purchase made with a purchasing
card used by the council, the commission or
any other a governing
board of a state institution of higher education may not exceed
$5,000.
(1) Subject to approval of the Auditor, any emergency payment
and any routine, regularly scheduled payment, including, but not
limited to, utility payments, contracts and real property rental fees, may exceed this limit by an amount to be determined by the
Auditor.
(2) The council, commission and
any a governing board of a state
institution of higher education may use a purchasing card for travel
expenses directly related to the job duties of the traveling
employee. Where approved by the Auditor,
such the expenses may
exceed $5,000 by an amount to be determined by the Auditor.
Traveling expenses may include registration fees and airline and
other transportation reservations, if approved by the president of
the institution. Traveling expenses may
not include fuel or food
purchases except, the state institutions of higher education known
as Marshall University and West Virginia University may include
in
traveling expenses the purchase of fuel and food.
(3) The
commission, council, and governing boards state
institutions known as Marshall University and West Virginia
University each shall maintain one purchasing card for use only in
a situation declared an emergency by the
appropriate chancellor or
the institution's president.
The Council Commission and all other
institutions shall maintain one purchase card for use only in a
situation declared an emergency by the president of the institution
and approved by the appropriate chancellor. Emergencies may include,
but are not limited to, partial or total destruction of a campus
facility; loss of a critical component of utility infrastructure; heating, ventilation or air condition failure in an essential
academic building; loss of campus road, parking lot or campus
entrance; or a local, regional, or national emergency situation that
has a direct impact on the campus.
(e) Notwithstanding
the provisions of section ten-f, article
three, chapter twelve of this code, or any other provision of this
code or law to the contrary, the Auditor shall accept any receiving
report submitted in a format utilizing electronic media. The Auditor
shall conduct any audit or investigation of the council, commission
or
any institution governing board at its own expense and at no cost
to the council, commission or
institution governing board.
(f) The council and the commission each shall maintain a rule
in accordance with
the provisions of article three-a, chapter twenty-
nine-a of this code. The rule shall provide for institutions
individually or cooperatively to maximize their use of any of the
following
purchasing practices that are determined to provide a
financial advantage:
(1) Bulk purchasing;
(2) Reverse bidding;
(3) Electronic marketplaces; and
(4) Electronic remitting.
(g) Each
institution governing board shall establish a
consortium with at least one other
institution governing board, in
the most cost-efficient manner feasible, to consolidate the following operations and student services:
(1) Payroll operations;
(2) Human resources operations;
(3) Warehousing operations;
(4) Financial transactions;
(5) Student financial aid application, processing and
disbursement;
(6) Standard and bulk purchasing; and
(7) Any other operation or service appropriate for consolidation
as determined by the council or commission.
(h)
An institution A governing board may charge a fee to
the
governing board of each institution for which it provides a service
or performs an operation. The fee rate shall be in the best interest
of both the institution being served and the providing institution,
as approved by the council and commission.
(i) Any
community and technical college, college and university
governing board of a state institution of higher education may
provide the services authorized by this section for the benefit of
any governmental body or public or private institution.
(j) Each
institution governing board shall strive to minimize
its number of low-enrollment sections of introductory courses. To
the maximum extent practicable,
institutions governing boards shall
use distance learning to consolidate the course sections.
Marshall
University, West Virginia University, The council and commission shall report the progress of reductions as requested by the
Legislative Oversight Commission on Education Accountability.
(k) An
institution a governing board shall use its natural
resources and alternative fuel resources to the maximum extent
feasible. The
institution governing board:
(1) May supply the resources for its own use and for use by any
other institution;
(2) May supply the resources to the general public at fair
market value;
(3) Shall maximize all federal or grant funds available for
research regarding alternative energy sources; and
(4) May develop research parks to further the purpose of this
section and to expand the economic development opportunities in the
state.
(l) Any cost-savings realized or fee procured or retained by
an
institution a governing board pursuant to
implementation of the
provisions of this section is retained by the
institution governing
board.
(m)
The provisions of subsection (b) of this section do not
apply to the state institutions known as Marshall University and West
Virginia University. Each
governing board is authorized, but not
required, to comply with
the provisions of subsections (f), (g) and
(h) of this section.
(1) The governing boards of Marshall University and West Virginia University, respectively, each shall promulgate a rule on
purchasing procedures
pursuant to the provisions of in accordance
with section six, article one of this chapter.
Neither institution
is subject to the rules required by subsection (f) of this section.
(2) If
either a governing board elects to implement
the
provisions of said subsection (g) of this section, the following
conditions apply:
(A) The governing board makes the determination regarding any
additional operation or service which is appropriate for
consolidation without input from the council or commission;
(B) The governing board sets the fee charged to any institution
for which it provides a service or performs an operation. The fee
rate shall be in the best interest of both the institution being
served and the providing institution, but it is not subject to
approval by the council or commission; and
(C) The governing board may not implement
the provisions of this
subdivision in a manner which supercedes the requirements established
in section twelve, article three-c of this chapter.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF
HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for each
school academic term for the different classes or categories of
students enrolling at
each the state institution of higher education
under its jurisdiction and may include among the tuition and fees any
one or more of the following as defined in section one
-b of this
article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b)
An institution A governing board may establish a single
special revenue account for each of the following classifications of
fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees collected
to support existing systemwide and institutional debt service and
future systemwide and institutional debt service, capital projects
and campus renewal for educational and general facilities.
(4) Subject to any covenants or restrictions imposed with
respect to revenue bonds payable from the accounts,
an institution
a governing board may expend funds from each special revenue account
for any purpose for which funds were collected within that account
regardless of the original purpose for which the funds were
collected.
(c) The purposes for which tuition and fees may be expended
include, but are not limited to, health services, student activities,
recreational, athletic and extracurricular activities. Additionally,
tuition and fees may be used to finance a
student's students'
attorney to perform legal services for students in civil matters at
the institutions:
Provided, That The legal services are limited only
to those types of cases, programs or services approved by the
administrative head president of the institution where the legal
services are to be performed.
(d) The commission and council
jointly shall propose
a rule
s for
legislative approval in accordance with
the provisions of article
three-a, chapter twenty-nine-a of this code to govern the fixing,
collection and expenditure of tuition and other fees.
(e) The schedule of all tuition and fees, and any changes in the
schedule, shall be entered in the minutes of the meeting of the
appropriate governing board and the board shall file with the
commission or council, or both, as appropriate, and the Legislative
Auditor a certified copy of the schedule and changes.
(f) The
governing boards shall establish the rates to be charged
full-time students, as defined in section
one-b one-c of this
article, who are enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit hours
in a regular term shall have their fees reduced pro rata based upon
one twelfth of the full-time rate per credit hour and graduate students taking fewer than nine credit hours in a regular term shall
have their fees reduced pro rata based upon one ninth of the full-
time rate per credit hour.
(2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the
provisions of this subsection.
(g) All fees are due and payable by the student upon enrollment
and registration for classes except as provided in this subsection:
(1) The governing boards shall permit fee payments to be made
in installments over the course of the academic term. All fees shall
be paid prior to
the awarding
of course credit at the end of the
academic term.
(2) The governing boards also shall authorize the acceptance of
credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing boards
may charge the students for the reasonable and customary charges
incurred in accepting credit cards and other methods of payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if whether the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in accordance with
the provisions of article three-a, chapter twenty-
nine-a of this code defining conditions under which
an institution
a governing board may offer tuition and fee deferred payment plans
through the institution or through third parties.
(5)
An institution A governing board may charge interest or fees
for any deferred or installment payment plans.
(h) In addition to the other fees provided in this section, each
governing board may impose, collect and distribute a fee to be used
to finance a nonprofit, student-controlled public interest research
group if the students at the institution demonstrate support for the
increased fee in a manner and method established by that
institution's elected student government. The fee may not be used
to finance litigation against the institution.
(i)
Institutions Governing boards shall retain tuition and fee
revenues not pledged for bonded indebtedness or other purposes in
accordance with the tuition
rule rules proposed by the commission and
council
jointly pursuant to this section. The tuition rule shall
address the following areas:
(1)
Provide Providing a basis for establishing nonresident
tuition and fees;
(2)
Allow institutions
(3) Provide that a board of Governors may Authorizing a governing
board to propose to the commission, council or both, as appropriate, a mandatory auxiliary fee under the following conditions:
(A) The fee shall be approved by the commission, council or both,
as appropriate, and either the students below the senior level at the
institution or the Legislature before becoming effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy shall
be reduced annually by the amount of money generated for the
institution by the fees. All state subsidies for the auxiliary
services shall cease five years from the date the mandatory auxiliary
fee is implemented;
(E) The commission, council or both, as appropriate, shall
certify to the Legislature annually by October 1 the amount of fees
collected for each of the five years;
(4) Establish Establishing methodology, where applicable, to
ensure that, within the appropriate time period under the compact,
community and technical college tuition rates for community and
technical college students in all independently accredited community
and technical colleges will be commensurate with the tuition and fees
charged by their peer institutions.
(j) A penalty may not be imposed by the commission or council
upon any institution governing board based upon the number of nonresidents who attend the institution unless the commission or
council determines that admission of nonresidents to any institution
or program of study within the institution is impeding unreasonably
the ability of resident students to attend the institution or
participate in the programs of the institution. The institutions
governing boards shall report annually to the commission or council
on the numbers of nonresidents and such any other enrollment
information as the commission or council may request.
(k) Tuition and fee increases of the governing boards, except for
including the governing boards of the state institutions of higher
education known as Marshall University and West Virginia University,
are subject to rules adopted by the commission and council jointly
pursuant to this section and in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of subdivisions (4) and (8) of this
subsection, a governing board of an institution A governing board
under the jurisdiction of the commission may propose tuition and fee
increases of up to nine and one-half percent for undergraduate
resident students for any fiscal year. The nine and one-half percent
total includes the amount of increase over existing tuition and fees,
combined with the amount of any newly established specialized fee
which may be proposed by a governing board.
(2) A governing board of an institution under the jurisdiction
of the council may propose tuition and fee increases of up to four and three-quarters percent for undergraduate resident students for any
fiscal year, except a governing board may propose increases in excess
of four and three-quarters percent if existing tuition and fee rates
at the institution are below the state average for tuition and fees
at institutions under the jurisdiction of the council. The four and
three-quarters percent total includes the amount of increase over
existing tuition and fees, combined with the amount of any newly
established, specialized fee which may be proposed by a governing
board.
(3) The commission or council, as appropriate, shall examine
individually each request from a governing board for an increase.
(4) Subject to the provisions of subdivision (8) of this
subsection, the governing boards of Marshall University and West
Virginia University, as these provisions relate to the state
institutions of higher education known as Marshall University and West
Virginia University, each may annually:
(A) Increase tuition and fees for undergraduate resident students
to the maximum allowed by this section without seeking approval from
the commission; and
(B) Set tuition and fee rates for post-baccalaureate resident
students and for all nonresident students, including establishing
regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of this subdivision do not apply to tuition
and fee rates of the administratively linked institution known as Marshall Community and Technical College, the administratively linked
institution known as the Community and Technical College at West
Virginia University Institute of Technology, the regional campus known
as West Virginia University at Parkersburg and, until the first day
of July, two thousand seven, the regional campus known as West
Virginia University Institute of Technology.
(5) (l) Any proposed A tuition and fee increase proposed by a
governing board, for state institutions of higher education other than
the state institutions of higher education known as including the
governing boards of Marshall University and West Virginia University,
requires the approval of the commission or council, as appropriate.
In determining whether to approve or deny the governing board's
request, the commission or council shall determine the progress the
institution has made toward meeting the conditions outlined in this
subdivision subsection and shall make this determination the
predominate factor in its decision. The commission or council shall
consider the degree to which each institution governing board has met
the following conditions:
(A) (1) Has maximized Maximizes resources available through
nonresident tuition and fee charges to the satisfaction of the
commission or council;
(B) (2) Is Consistently achieving achieves the benchmarks
established in the compact of the institution pursuant to the
provisions of article one-a one-d of this chapter;
(C) (3) Is Continuously pursuing pursues the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) (4) Has demonstrated Demonstrates to the satisfaction of the
commission or council that an increase will be used to maintain high-
quality programs at the institution;
(E) (5) Has demonstrated Demonstrates to the satisfaction of the
commission or council that the institution is making adequate progress
toward achieving the goals for education established by the southern
regional education board;
(6) Demonstrates to the satisfaction of the commission or council
that the institution has considered the average per capita income of
West Virginia families and their ability to pay for any increases;
(7) Demonstrates to the satisfaction of the commission or council
that base appropriation increases have not kept pace with recognized
nation-wide inflationary benchmarks; and
(F) (8) To the extent authorized, will increase demonstrates that
by up to five percent the available tuition and fee waivers provided
by the institution have been increased by up to five percent
. The
increased waivers may not be used for athletics.
(6) (m) This section does not require equal increases among
institutions governing boards or and it does not require any level of
increase at an institution by a governing board.
(7) (n) The commission and council shall report to the Legislative Oversight Commission on Education Accountability regarding
the basis for each approval or denial as determined using the criteria
established in subdivision (5) of this subsection (l) of this section.
(8)(o) Notwithstanding the provisions of subdivisions (1) and (4)
of this subsection, Tuition and fee increases at by governing boards
state institutions of higher education which are under the
jurisdiction of the commission, including the state institutions of
higher education known as the governing boards of Marshall University
and West Virginia University, are subject to the following conditions:
(A) (1) Institutions Governing boards may increase tuition and
fees for resident, undergraduate students by no more than an average
of seven and one-half percent per year during any period covering four
consecutive fiscal years, with the first fiscal year of the first four
fiscal-year cycle beginning on July 1, 2007;
(B) (2) The seven and one-half percent average cap does not apply
to an institution for any fiscal year in which the total state base
operating budget appropriations to that institution governing board
are less than the total state base operating budget appropriations in
the fiscal year immediately preceding;
(C) (3) A new capital fee or an increase in an existing capital
fee is excluded from the tuition and fee increase calculation in this
subdivision:
(i) (A) If the new fee or fee increase is approved by an
institutional a governing board or by a referendum of an institution's undergraduate students, or both, on or before February 1, 2006; or
(ii) (B) If the following conditions are met:
(I)(i) The new fee or fee increase was approved by an
institutional a governing board or by a referendum of an institution's
undergraduate students, or both, on or before July 1, 2006;
(II) (ii) The institution for which the capital fee is approved
has been designated a university pursuant to the provisions of section
six, article two-a of this chapter by the effective date of this
section; and
(III) (iii) The institutional board of Governors governing board
previously oversaw a community and technical college that achieved
independent accreditation and consequently acquired its own board of
Governors governing board;
(D) (p) Institutions Governing boards shall provide, in a timely
manner, any data on tuition and fee increases requested by the staff
of the commission or council. The commission shall (i) collect the
data from any institution under its jurisdiction; and
(ii) Annually by July 1, provide a detailed analysis of the
institutions' governing boards' compliance with the provisions of this
subdivision to the Legislative Oversight Commission on Education
Accountability annually by July 1.
ARTICLE 12. RESEARCH AND DEVELOPMENT AGREEMENTS FOR STATE
INSTITUTIONS OF HIGHER EDUCATION.
§18B-12-1. Legislative findings and purpose.
(a) The Legislature makes the following findings:
(1) Economic development in the state depends in part upon
research developed at the state institutions of higher education and
enhancing research opportunities for these institutions promotes the
general economic welfare of the citizens of the state.
(2) Expenditures for equipment and material for research projects
must be handled in an expeditious fashion in order to enhance the
competitive positions of institutions in the current environment for
research and development.
(3) The acquisition and implementation of research grants can be
simplified and expedited through development and operation of private
corporations.
(4) Faculty and staff who conduct research need and deserve
administrative and financial support in securing and managing research
grants, managing and administering the personnel needed to support
research and in all areas of grant management.
(5) The interest of the citizens of the state will be served best
if the governing boards enter into and carry out agreements with
corporations to provide research assistance for the institutions under
their jurisdictions.
(b) Therefore, the purpose of the Legislature in enacting this
article is to enhance the competitive positions of institutions,
provide administrative and financial support to faculty and staff who
conduct research and facilitate research and development grants and opportunities for institutions by authorizing the governing boards to
contract with private corporations organized for the purpose of
providing these services.
§18B-12-2. Definitions.
The following words when used in this article have the meanings
ascribed to them unless the context clearly indicates a different
meaning:
(a) "Agreement" means any agreement being entered into between
a governing board and a corporation pursuant to section four of this
article.
(b) "Affiliated corporation" or "corporation" means a corporation
which meets the essential criteria prescribed in sections three and
four of this article.
(c) "Affiliated governing board" or "governing board" means the
governing board of a state institution of higher education which is
a party to the agreement required in section four of this article.
(d) "Affiliated institution" or "institution" means the state
institution of higher education under the jurisdiction of an
affiliated governing board.
(e) "Affiliated member" means a director of an affiliated
corporation who is an employee of the affiliated governing board or
of any entity bearing a direct or indirect relationship to the
affiliated governing board or the institution under its jurisdiction.
(f) "Key employee" means a person essential to the operation of a corporation who exerts a significant influence on the organization's
finances or activities
as defined by the Internal Revenue Service
relative to the preparation of IRS Form 990, or any successor form.
(g) "Potential membership" means the total number of associate
and private sector members who comprise a board of directors when all
membership seats are filled.
(h) "Private sector member"
means a director of an affiliated
corporation
who is not an employee of the affiliated governing board
nor of any entity bearing a direct or indirect relationship to the
affiliated governing board or to the institution under its
jurisdiction.
§18B-12-3. Governing boards authorized to contract with
corporations; corporations to meet essential
criteria; corporation membership and organization;
financial requirements.
(a) Each governing board is authorized to enter into agreements
and any other contractual relationships with one or more affiliated
corporations formed with respect to the state institution of higher
education under its jurisdiction.
(b) Each affiliated corporation shall meet the following
essential criteria:
(1) Corporation status. -- The corporation is organized as a
nonprofit, nonstock corporation under the general corporation laws of
the state exclusively for charitable, educational or scientific purposes within the meaning of section 501(c) of the Internal Revenue
Code of 1986, as amended, to foster and support research at the
affiliated institution and to provide evaluation, development,
patenting, management and marketing services for inventions of its
faculty, staff and students.
(2) Corporation membership, meetings, officers. --
(A) Members of the board of directors of the affiliated
corporation serve terms as prescribed in the bylaws of the corporation
and are selected as follows:
(i) Affiliated members are selected by the affiliated governing
board after consultation with the president of the institution; and
(ii) Private sector members are selected by the affiliated
governing board.
(B) Private sector members shall constitute a majority of the
potential membership of the corporate directors. Vacancies shall be
filled in such a way that the majority status of private sector
membership is maintained.
(C) By September 1, 2010, and at least biennially thereafter,
the corporate directors shall elect a chair from among the private
sector members.
(D) The corporate directors shall select an executive director
who may have dual appointment with the affiliated governing board, but
may not be a corporation director. The executive director shall
inform the corporate directors and the affiliated governing board annually of his or her employment status with any other institution,
agency or organization.
(E) The meetings of the corporate directors are subject to
section three, article nine-a, chapter six of this code.
(3) Financial requirements. --
(A) The corporation shall develop and implement a systematic
program for investing corporation assets. The program may include
creation of an investment committee or corporate directors may
function as a committee of the whole. The investment committee or,
in the absence of an investment committee, the corporation staff shall
prepare an annual report on the status of investments and other
financial information the corporate directors may request and present
to the corporate directors for discussion and approval. The
corporation also shall share the report with the affiliated governing
board within sixty days after the report is completed.
(B) The financial statements of the corporation shall be audited
annually by an independent certified public accountant or firm.
Within thirty days of completion, the financial audit report shall be
presented to the corporate directors for approval, after which a copy
of the financial audit and required statements shall be submitted to
the affiliated governing board.
(C) If the corporation is dissolved, its assets shall be
transferred to an entity designated by the affiliated governing board
for the benefit of the affiliated institution. The recipient shall be an organization operated exclusively for charitable, educational
or scientific purposes and shall qualify as an exempt organization
under section 501(c)(3) of the Internal Revenue Code of 1986, as
amended.
§18B-12-6. Conflicts of interest; reports required.
(a) The corporation shall develop and implement a written policy
addressing conflicts of interest.
(b) Annually, officers, directors and key employees shall
disclose interests that may give rise to conflicts.
(c) Notwithstanding any other provision of this code to the
contrary, officers and employees of a an affiliated governing board
and the affected state institution of higher education may hold
appointments to offices of the corporation and be corporate directors
or officers or employees of other entities contracting with either the
corporation or a governing board. of a state institution of higher
education. The executive director of the corporation shall have dual
appointment with the state institution of higher education. The
governing board of a state institution of higher education and the
corporate directors must be informed of such appointments annually.
NOTE: The purpose of this bill is to authorize the Higher
Education Policy Commission to review and approve academic programs,
except doctoral programs, operating and capital budgets at all
institutions under its jurisdiction; specify that tuition and fee
increases at all institutions are subject to commission or council
approval; clarify relationship of commission and governing boards of
all institutions under its jurisdiction; extend certain powers and
provide procedure for extending purchasing authority to certain governing boards; and repeal the sunset provision that would end a
pilot investment program for Marshall University and West Virginia
University on July 1, 2010. The bill also authorizes research and
development agreements between governing boards of state institutions
of higher education and affiliated corporations; provides legislative
findings and purpose; establishes essential criteria affiliated
corporations must meet; specifies method for selection of corporation
members, chair, and executive director; specifies financial
accountability and investment requirements; and conforms certain
corporation reporting provisions to federal law.
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates new language that would be
added.
§18B-12-1, 2, and 3 have been rewritten; therefore, strike-throughs
and underscoring have been omitted.
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