H. B. 3277
(By Delegates Perry, Williams, Moye, Stowers,
Lawrence, Crosier, Beach, Pethtel and Martin)
[Introduced March 23, 2009; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18B-1-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §18B-1B-6 of said code;
to amend said code by adding thereto a new article, designated
§18B-1E-1; to amend and reenact §18B-2A-1 and §18B-2A-7a of
said code; and to amend and reenact §18B-3C-8, all relating to
changing West Virginia University at Parkersburg from a
community and technical college and merging and consolidating
it with West Virginia University, thus becoming a fully
integrated division of West Virginia University.
Be it enacted by the Legislature of West Virginia:
That §18B-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18B-1B-6 of said code be amended
and reenacted; that said code be amended by adding thereto a new
article, designated §18B-1E-1; that §18B-2A-1 and §18B-2A-7a of
said code be amended and reenacted; and that §18B-3C-8 of said code
be amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meanings ascribed to them unless
the context clearly indicates a different meaning:
(a) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a
of this chapter;
(b) "Free-standing community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, and Eastern West
Virginia Community and Technical College, which may not be operated
as branches or off-campus locations of any other state institution
of higher education;
(c) "Community and technical college", in the singular or
plural, means the free-standing community and technical colleges
and other state institutions of higher education which deliver
community and technical college education. This definition
includes Southern West Virginia Community and Technical College,
West Virginia Northern Community and Technical College, Eastern
West Virginia Community and Technical College, New River Community
and Technical College,
West Virginia University at Parkersburg,
The Community and Technical College at West Virginia University
Institute of Technology, Blue Ridge Community and Technical College, Marshall Community and Technical College, West Virginia
State Community and Technical College and Pierpont Community and
Technical College;
(d) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
delivery of community and technical college education programs;
(e) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(f) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(g) "Higher Education Policy Commission", "Policy Commission"
or "Commission" means the commission created pursuant to section
one, article one-b of this chapter;
(h) "Chancellor for Higher Education" means the chief
executive officer of the Higher Education Policy Commission
employed pursuant to section five, article one-b of this chapter;
(i) "Chancellor for Community and Technical College Education"
means the chief executive officer of the West Virginia Council for
Community and Technical College Education employed pursuant to
section three, article two-b of this chapter;
(j) "Chancellor" means the Chancellor for Higher Education
where the context refers to a function of the Higher Education Policy Commission. "Chancellor" means Chancellor for Community and
Technical College Education where the context refers to a function
of the West Virginia Council for Community and Technical College
Education;
(k) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources in the prior fiscal
year, including, but not limited to, tuition and fees and
legislative appropriation, and any adjustments to that funding as
approved by the commission or council based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(l) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education resulting
in or which may result in a two-year associate degree award
including an associate of arts, an associate of science and an
associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit
and noncredit workforce development programs; and transfer and
baccalaureate parallel programs. All programs are under the
jurisdiction of the council. Any reference to "post-secondary
vocational education programs" means community and technical
college education programs as defined in this subsection;
(m) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(n) "Vice Chancellor for Administration" means the person
employed in accordance with section two, article four of this
chapter. Any reference in this chapter or chapter eighteen-c of
this code to "Senior Administrator" means Vice Chancellor for
Administration;
(o) "State college" means Bluefield State College, Concord
University, Fairmont State University, Glenville State College,
Shepherd University, West Liberty State College or West Virginia
State University;
(p) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(q) "Board of visitors" means the advisory board previously
appointed for the West Virginia Graduate College and the advisory
board previously appointed for West Virginia University Institute
of Technology, which provide guidance to the Marshall University
Graduate College and West Virginia University Institute of
Technology, respectively,
and it means the previously appointed
Institutional Board of Governors for West Virginia University at
Parkersburg;
(r) "Institutional compact" means the compact between the commission or council and a state institution of higher education
under its jurisdiction, as described in section six, article one-d
of this chapter;
(s) "Peer institutions", "peer group" or "peers" means public
institutions of higher education used for comparison purposes and
selected by the commission pursuant to section three, article one-a
of this chapter;
(t) "Administratively linked community and technical college"
means a state institution of higher education delivering community
and technical college education and programs which has maintained
a contractual agreement to receive essential services from another
accredited state institution of higher education prior to July 1,
2008;
(u) "Sponsoring institution" means a state institution of
higher education that maintained an administrative link to a
community and technical college providing essential services prior
to July 1, 2008. This definition includes institutions whose
governing boards had under their jurisdiction a community and
technical college, regional campus or a division delivering
community and technical college education and programs;
(v) "Collaboration" means entering into an agreement with one
or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(w) "Broker" or "brokering" means serving as an agent on behalf of students, employers, communities or responsibility areas
to obtain education services not offered at that institution.
These services include courses, degree programs or other services
contracted through an agreement with a provider of education
services either in-state or out-of-state;
(x) "Council" means the West Virginia Council for Community
and Technical College Education created pursuant to article two-b
of this chapter;
(y) "West Virginia Consortium for Undergraduate Research and
Engineering" or "West Virginia CURE" means the collaborative
planning group established pursuant to article one-c of this
chapter;
(z) "Advanced technology center" means a facility established
under the direction of an independent community and technical
college for the purpose of implementing and delivering education
and training programs for high-skill, high-performance Twenty-first
Century workplaces;
(aa) "Statewide network of independently accredited community
and technical colleges" or "community and technical college
network" means the state institutions of higher education under the
jurisdiction of the West Virginia Council for Community and
Technical College Education which are independently accredited or
are seeking independent accreditation by the regional accrediting
agency, each governed by its own independent governing board, and each having a core mission of providing affordable access to and
delivering high quality community and technical education in every
region of the state; and
(bb) "Independent community and technical college" means a
state institution of higher education under the jurisdiction of the
council which is independently accredited or seeking independent
accreditation, is governed by its own independent governing board,
and may not be operated as a branch or off-campus location of any
other state institution of higher education. This definition
includes Blue Ridge Community and Technical College, The Community
and Technical College at West Virginia University Institute of
Technology, Eastern West Virginia Community and Technical College,
Marshall Community and Technical College, New River Community and
Technical College, Pierpont Community and Technical College,
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, West Virginia
State Community and Technical College
and West Virginia University
at Parkersburg.
(cc) "Dual credit course" or "dual enrollment course" is a
credit-bearing college-level course offered in a high school by a
state institution of higher education for high school students in
which the students are concurrently enrolled and receiving credit
at the secondary level.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a)
Appointment of institutional presidents. -- Appointment of
presidents of the state institutions of higher education shall be
made as follows:
(1) The initial contract term for a president of a state
institution of higher education may not exceed two years. At the
end of the initial contract period, and subject to the provisions
of subsection (c) of this section, the governing board may offer
the president a contract of longer duration, but not to exceed five
years.
(A) The provisions relating to initial contract periods do not
affect the terms of a current contract for any person holding a
multiyear contract and serving as president of a state institution
of higher education or division of a state institution of higher
education delivering community and technical education on June 30,
2008;
(B) At the end of the current contract period and thereafter,
the governing board shall make presidential appointments in
accordance with the provisions of this section.
(2) The person who is president, provost, or divisional
administrative head of the community and technical college on June
30, 2008, becomes the president of the institution on the effective
date of this section.
(3) The president of a state institution of higher education serves at the will and pleasure of the appointing governing board.
(4) Subject to the approval of the commission, the governing
board of the institution appoints a president for Bluefield State
College, Concord University, Fairmont State University, Glenville
State College, Marshall University, Shepherd University, West
Liberty State College, West Virginia School of Osteopathic
Medicine, West Virginia State University and West Virginia
University.
(5) Subject to the approval of the council, the governing
board of the community and technical college appoints a president
for Blue Ridge Community and Technical College, The Community and
Technical College at West Virginia University Institute of
Technology, Eastern West Virginia Community and Technical College,
Marshall Community and Technical College, New River Community and
Technical College, Pierpont Community and Technical College,
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, West Virginia
State Community and Technical College
and West Virginia University
at Parkersburg.
(b)
Other appointments. -- The
institutional president
of West
Virginia University appoints a provost to be the administrative
head of the Potomac campus of West Virginia University,
a provost
to be the administrative head of West Virginia University at
Parkersburg and a provost to be the administrative head of West Virginia University Institute of Technology.
(c)
Evaluation of presidents. --
(1) The appointing governing board shall conduct written
performance evaluations of the institution's president.
Evaluations shall be done at the end of the initial two-year
contract period and in every third year of employment as president
thereafter, recognizing unique characteristics of the institution
and using institutional personnel, boards of advisors as
appropriate, staff of the appropriate governing board and persons
knowledgeable in higher education matters who are not otherwise
employed by a governing board. A part of the evaluation shall be
a determination of the success of the institution in meeting the
requirements of its institutional compact and in achieving the
goals, objectives and priorities established in articles one and
one-d of this chapter.
(2) After reviewing the evaluations, the board of governors
shall make a determination by majority vote of its members on
continuing employment and the compensation level for the president
in accordance with the provisions of subsection (a) of this
section.
(d) The commission and council each shall propose a rule for
legislative approval in accordance with the provisions of section
six, article one of this chapter and article three-a, chapter
twenty-nine-a of this code by September 1, 2008, to provide guidance for the institutional governing boards in filling
vacancies in the office of president in accordance with the
provisions of this chapter. The rule shall include, but is not
limited to, clarifying the powers, duties and roles of the
governing boards, the commission, the council, and the chancellors
in the presidential appointment process.
(e) The Legislature finds that an emergency exists and,
therefore, the commission and the council each shall file a rule to
implement the provisions of this section as an emergency rule by
September 1, 2008, pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code. The emergency rule may not be
implemented without prior approval of the Legislative Oversight
Commission on Education Accountability.
ARTICLE 1E. WEST VIRGINIA UNIVERSITY AT PARKERSBURG.
§18B-1E-1. General provisions.
(a) Notwithstanding any other provision in this code to the
contrary, by July 1, 2009, West Virginia University at Parkersburg
shall merge and consolidate with West Virginia University and
become a fully integrated division of West Virginia University. All
administrative and academic units shall be consolidated with
primary responsibility for direction and support assigned to West
Virginia University. The Board of Governors previously appointed
for West Virginia University at Parkersburg shall be abolished.
(b) The fully integrated division formerly named West Virginia University at Parkersburg is hereafter named West Virginia
University at Parkersburg. The headquarters of West Virginia
University at Parkersburg shall remain in Parkersburg, West
Virginia.
(c) Auxiliary enterprises shall be incorporated into the West
Virginia University auxiliary enterprise system. The West Virginia
University Board of Governors shall determine if operations at West
Virginia University at Parkersburg can be operated on a
self-sufficient basis when establishing rates for auxiliary
services and products.
(d) Beginning May 1, 2009, the West Virginia University Board
of Governors may begin implementing appropriate changes in the
operations of West Virginia University at Parkersburg to further
the purposes of this article.
(e) Notwithstanding any provision in this code to the
contrary, effective July 1, 2009, all contracts either by or on
behalf of the West Virginia University at Parkersburg Board of
Governors shall be assigned as a matter of law to the West Virginia
University Board of Governors. The West Virginia University Board
of Governors shall have the right to terminate upon thirty days
written notice all contracts assigned to it pursuant to this
subsection.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment;
establishment of boards for independent community
and technical colleges.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, Southern West Virginia
Community and Technical College, West Liberty State College, West
Virginia Northern Community and Technical College, the West
Virginia School of Osteopathic Medicine, West Virginia State
University and West Virginia University.
(b)
Independent community and technical colleges established.
--
Effective July 1, 2008, the board of advisors is abolished and
a board of governors is established for Marshall Community and
Technical College; Pierpont Community and Technical College,
formerly a division of Fairmont State University; The Community and
Technical College at West Virginia University Institute of
Technology; West Virginia State Community and Technical College
and West Virginia University at Parkersburg.
(A) (1) In making the initial appointments to these boards of
governors, the Governor may appoint those persons who are lay members of the boards of advisors by June 30, 2008.
(B) (2) At the end of the initial term, and thereafter, an
appointment to fill a vacancy on the board or reappointment of a
member who is eligible to serve an additional term is made in
accordance with the provisions of this section.
(c) The institutional boards of governors for Marshall
University and West Virginia University consist of sixteen persons.
The boards of governors of the other state institutions of higher
education consist of twelve persons.
(d) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the institutional Board of Governors at Marshall
University, thirteen lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this
section.
(5) For the institutional Board of Governors at West Virginia University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the Board of Visitors of West
Virginia University Institute of Technology.
(6) For each institutional board of governors of the other
state institutions of higher education, nine lay members appointed
by the Governor, by and with the advice and consent of the Senate,
pursuant to this section.
(e) Of the nine members appointed by the Governor, no more
than five may be of the same political party. Of the thirteen
members appointed by the Governor to the governing board of
Marshall University, no more than eight may be of the same
political party. Of the twelve members appointed by the Governor
to the governing board of West Virginia University, no more than
seven may be of the same political party. Of the nine members
appointed by the Governor, at least six shall be residents of the
state. Of the thirteen members appointed by the Governor to the
governing board of Marshall University, at least eight shall be
residents of the state. Of the twelve members appointed by the
Governor to the governing board of West Virginia University, at
least eight shall be residents of the state.
(f) The student member serves for a term of one year. Each
term begins on July 1.
(g) The faculty member serves for a term of two years. Each term begins on July 1. Faculty members are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(h) The member representing classified employees serves for a
term of two years. Each term begins on July 1. Members
representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(i) The appointed lay citizen members serve terms of up to
four years each and are eligible to succeed themselves for no more
than one additional term.
(j) A vacancy in an unexpired term of a member shall be filled
for the unexpired term within thirty days of the occurrence of the
vacancy in the same manner as the original appointment or election.
Except in the case of a vacancy, all elections shall be held and
all appointments shall be made no later than June 30 preceding the
commencement of the term. Each board of governors shall elect one
of its appointed lay members to be chairperson in June of each year
except for the fiscal year beginning on July 1, 2008 only, when the
board shall elect the chairperson in July. A member may not serve
as chairperson for more than four consecutive years.
(k) The appointed members of the institutional boards of
governors serve staggered terms of up to four years except that
four of the initial appointments to the governing boards of community and technical colleges which become independent on July
1, 2008 are for terms of two years and five of the initial
appointments are for terms of four years.
(l) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, an employee of any institution of
higher education; an officer or member of any political party
executive committee; the holder of any other public office or
public employment under the government of this state or any of its
political subdivisions; an employee of any affiliated research
corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students, or the superintendent of a county board of education from
being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of a board of visitors of
any public institution of higher education; an employee of any institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; an
employee of any affiliated research corporation created pursuant to
article twelve of this chapter; an employee of any affiliated
foundation organized and operated in support of one or more state
institutions of higher education; or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees, students, or chairpersons
of the boards of advisors from being members of the governing
boards.
(m) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as such
by taking and subscribing to the oath of office prescribed by
section five, article IV of the Constitution of West Virginia and
the certificate thereof shall be filed with the Secretary of State.
(n) A member of a governing board appointed by the Governor
may not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
(o) The president of the institution shall make available resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
§18B-2A-7a. Transfer of orders, resolutions, policies and rules,
obligations, etc.
(a) Effective July 1, 2008, a governing board is established
for the following state institutions of higher education pursuant
to section one of this article:
(1) Marshall Community and Technical College;
(2) Pierpont Community and Technical College, formerly a
division of Fairmont State University;
(3) The Community and Technical College at West Virginia
University Institute of Technology;
and
(4) West Virginia State Community and Technical College
and
(5) West Virginia University at Parkersburg.
(b) All orders, resolutions, policies and rules adopted or
promulgated by a governing board of a former administratively
linked community and technical college, regional campus, or
division within an accredited institution on behalf of an institution named in subsection (a) of this section relating to the
community and technical college or community and technical college
education, or which the newly-established board of governors finds
necessary or expedient for the exercise of its lawful powers and
duties pursuant to the provisions of this chapter, shall continue
in effect until rescinded, revised, altered or amended by the
newly-established board of governors. Nothing in this section
requires the initial rules or policies of a community and technical
college to be promulgated again under the rule adopted by the
council pursuant to section six, article one of this chapter unless
such rules or policies are rescinded, revised, altered or amended.
(c) Each valid agreement and obligation, undertaken or agreed
to by the former sponsoring institution or governing board of a
division, regional campus or administratively-linked community and
technical college before July 1, 2008, on behalf of a community and
technical college named in subsection (a) of this section is hereby
transferred to the board of governors of that community and
technical college.
(d) Each newly established board of governors and each
appropriate institution formerly sponsoring a community and
technical college shall jointly agree on a division of all assets
and liabilities. If the boards of governors are unable to reach
agreement concerning a division of assets and liabilities on or
before December 1, 2008, the boards of governors shall submit a summary of issues in dispute to the commission and the council
which shall jointly resolve all outstanding issues concerning the
division of assets and liabilities.
(e) For purposes of generating audited financial statements
for inclusion in the higher education fund and state single audits,
the division of all assets and liabilities shall be effective
retroactively to July 1, 2008.
(f) Any other disputes between an independent community and
technical college and its former sponsoring institution, regarding
their respective rights and responsibilities under this chapter of
the code, which cannot be resolved by the governing boards, shall
be resolved as follows:
(1) The matters in dispute shall be summarized in writing and
submitted to the chancellors jointly for resolution;
(2) If the matters in dispute cannot be resolved by the
chancellors within thirty days, they shall be submitted to the
council and commission for resolution;
(3) If the commission and council jointly cannot reach a
resolution following their first regularly scheduled meeting or
within sixty days, whichever is sooner, the chairpersons of the
commission and council respectively shall establish a three-person
panel to hear the matters and issue a decision within thirty days:
(A) The three-person panel is comprised of one person
appointed by the chairperson of the commission, one person appointed by the chairperson of the council, and one person
appointed jointly by the two chairpersons.
(B) The decision rendered by the three-person panel is binding
on the governing boards, commission and council, and may not be
challenged in the courts of this state.
(g) Each former sponsoring institution and community and
technical college shall enter into a comprehensive agreement to
address the division of assets and liabilities and the allocation
of revenues and expenditures between former sponsoring institutions
and newly independent community and technical colleges.
(h) Absent manifest injustice as determined jointly by the
council and commission, the following general principles apply to
the division of assets and liabilities and allocation of revenues
and expenditures between former sponsoring institutions and the
newly independent community and technical colleges:
(1) For accounting purposes, the institution that assumes
responsibility for any asset also shall assume responsibility for
any associated liabilities.
(2) Although one institution may assume responsibility for an
asset and associated liabilities for accounting purposes, both
institutions shall agree on their respective responsibilities for
reducing and ultimately eliminating the liability over time if the
asset was originally acquired and/or is being used for the benefit
of both institutions.
(A) Any agreement to allocate system and institution
educational and general and auxiliary debt service payments shall
be consistent with the provisions of all applicable bond covenants.
(B) Absent a controlling bond covenant or other agreement,
debt service payments associated with bonded indebtedness
presumptively shall be allocated based on the relative full-time
equivalent student enrollment of the two institutions either as a
whole or on the campus where the asset is located and may be
adjusted annually to reflect enrollment changes at the two
institutions.
(3) The institutions shall agree to allocate educational and
general and auxiliary capital fees in excess of those needed to
cover bonded indebtedness to ensure that assets of both
institutions are maintained in proper repair and that the
institutions assume responsibility for a reasonable share of the
total costs of maintaining the facilities.
(4) The institutions shall develop a plan that ensures the
financial stability of auxiliary enterprises, including, but not
limited to, student housing, student centers, dining services,
parking, and athletics through fiscal year 2012.
(A) If community and technical college students pay a
mandatory athletics fee for the benefit of a former sponsoring
institution, but receive no direct benefit from that fee, the
community and technical college may phase out that fee over a five-year period.
(B) If certain community and technical college students were
required to live in institution housing consistent with rules or
policies in effect on the effective date of this section, the
former sponsoring institution may continue to require these
students to live in institution housing for at least one year.
(i) If either institution proposes to reduce the services that
it provides or purchases from the other institution by more than
ten percent in any one year and the reduction exceeds $200,000, the
institution shall obtain the approval of both the council and the
commission before doing so. In evaluating the proposal, the
council and commission shall consider the following:
(1) The benefit to be obtained for the institution seeking to
reduce the services it provides or purchases;
(2) The impact of the proposed reduction on the institution
currently providing the services;
(3) Any additional costs that might be incurred as a result of
the reduction in services; and
(4) The adequacy of the transition plan.
(j) To the extent practicable, state financial systems shall
be set up for higher education institutions which participate in
shared services agreements to facilitate ease of processing while
ensuring that data from the two institutions are readily segregable
at the state level.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
.§18B-3C-8. Legislative findings and intent; statewide network of
independently accredited community and technical
colleges; operations and administration.
(a)
Legislative findings. --
(1) The Legislature has enacted legislation, beginning with
Enrolled Senate Bill No. 653, passed during the 2000 regular
session, and continuing with Enrolled Senate Bill No. 703, passed
during the 2001 regular session, Enrolled House Bill No. 2224,
passed during the 2003 regular session, and Enrolled Senate Bill
No. 448, passed during the 2004 regular session, the purpose of
which is to strengthen the state's community and technical
colleges, clarify their core mission and establish essential
conditions to be met, and ensure the most effective delivery of
services to business, industry, and West Virginia citizens in every
region of the state.
(2) The primary goal of the Legislature is to create a
statewide network of independently accredited community and
technical colleges that focuses on technical education, work force
training, and lifelong learning for the Twenty-first Century,
consistent with the goals, objectives, priorities and essential
conditions established in articles one, one-d and three-c of this
chapter.
(3) A necessary precedent to accomplishing the legislative goal is to change the way that leaders at all levels of education,
including institutional governing boards, view community and
technical colleges. Specifically, that the mission of community
and technical colleges is different from that of traditional
four-year colleges in what they seek to accomplish and how they can
achieve it effectively and that the state can not compete
successfully in today's information-driven, technology-based
economy if community and technical colleges continue to be viewed
as add-ons or afterthoughts attached to the baccalaureate
institutions.
(b)
Legislative intent. --
(1) Therefore, it is the intent of the Legislature that the
statewide network of independently-accredited community and
technical colleges as a whole and each independent community and
technical college individually provide the following types of
services as part of the core institutional mission:
(A) Career and technical education certificate, associate of
applied science, and selected associate of science degree programs
for students seeking immediate employment, individual
entrepreneurship skills, occupational development, skill
enhancement and career mobility;
(B) Transfer education associate of arts and associate of
science degree programs for students whose educational goal is to
transfer into a baccalaureate degree program with particular emphasis on reaching beyond traditional college-age students to
unserved or underserved adult populations;
(C) Developmental/remedial education courses, tutorials,
skills development labs, and other services for students who need
to improve their skills in mathematics, English, reading, study
skills, computers and other basic skill areas;
(D) Work force development education contracted with business
and industry to train or retrain employees;
(E) Continuing development assistance and education credit and
noncredit courses for professional and self-development,
certification and licensure, and literacy training; and
(F) Community service workshops, lectures, seminars, clinics,
concerts, theatrical performances and other noncredit activities to
meet the cultural, civic and personal interests and needs of the
community the institution serves.
(2) It is further the intent of the Legislature that each
community and technical college focus special attention on
programmatic delivery of their core mission services to unserved
and underserved populations to achieve established state
objectives. These include the following as highest priorities:
(A) Increasing the number of adults age twenty-five and above
who participate in post-secondary education;
(B) Developing technical programs that meet the documented
occupational needs of West Virginia's employers;
(C) Providing work force development programs by implementing
the Adult Career Pathways Model, which provides opportunities for
the following:
(i) Adults to earn certifications through the completion of
skill-sets;
(ii) Ordered progression from skill-sets and certifications to
one-year certificate programs and progression from one-year
certificate degrees to Associate of Applied Science Degree
programs, and
(iii) Students to exit at any stage of completion in order to
enter employment with the option of continuing the pathway
progression at a later time and/or on a part-time basis.
(D) Offering programs in various time frames other than the
traditional semester delivery model and at different locations,
including work sites, convenient to working adults;
(E) Providing technical programs in modules or "chunks",
defined in competencies required for employment, and tied to
certification and licensing requirements.
(F) Entering into collaborative programs that recognize
high-quality training programs provided through labor unions,
registered apprenticeships, and industry-sponsored training
programs with the goal of enabling more adults to earn a college
credential;
(G) Developing innovative approaches to improve the basic and functional literacy rates of West Virginians in all regions of the
state;
(H) Developing "bridge programs" for disadvantaged youth and
adults to enable them to acquire the skills necessary to be
successful in education and training programs that lead to
high-skills, high-wage jobs; and
(I) Providing access to post-secondary education through the
delivery of developmental education for those individuals
academically under-prepared for college-level work.
(c) In fulfillment of the purposes and intent defined in
subsections (a) and (b) of this section, there is continued a
statewide network of independently accredited community and
technical colleges serving every region of the state. Each
free-standing and independent community and technical college is
strongly encouraged to serve as a higher education center for its
region by brokering with other colleges, universities and
providers, in-state and out-of-state, both public and private, to
afford the most coordinated access to needed programs and services
by students, employers and other clients, to achieve the goals,
objectives, and essential conditions established in articles one,
one-d, and three-c of this chapter, and to ensure the most
efficient use of scarce resources.
(d)
Statewide network of independently accredited community
and technical colleges. --
(1) By July 1, 2009, each governing board of a community and
technical college which became independent on July 1, 2008, shall
make a determination by majority vote of the board whether to keep
the current name for its respective institution or to select a new
name. If a governing board chooses to select a new name, any
reference in this code to that institution by a name in use prior
to July 1, 2009, means the institution under the name designated by
its board of governors.
(2) The statewide network of independently accredited
community and technical colleges is comprised of the following
independent state institutions of higher education under the
jurisdiction of the council:
(A)
Blue Ridge Community and Technical College. --
Blue Ridge Community and Technical College is an independently
accredited state institution of higher education. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering
to the essential conditions pursuant to section three of this
article.
(B)
The Community and Technical College at West Virginia
University Institute of Technology. --
(i) The Community and Technical College at West Virginia
University Institute of Technology is an independently accredited
state institution of higher education which may maintain an association with West Virginia University Institute of Technology,
a division of West Virginia University, or directly with West
Virginia University, subject to the provisions of section twelve of
this article. The president and the governing board of the
community and technical college are responsible for maintaining
independent accreditation and adhering to the essential conditions
pursuant to section three of this article.
(ii) West Virginia University Institute of Technology may
continue associate degree programs in areas of particular
institutional strength which are closely articulated to its
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the governing boards of the community and
technical college and West Virginia University Institute of
Technology or directly with West Virginia University, as
appropriate. The final contract may not be implemented until
approved by the council except that any contract between the
community and technical college and West Virginia University
Institute of Technology or West Virginia University related to
program delivery under the terms of this section in effect on July
1, 2008, shall continue in effect until July 1, 2009, unless amended or revoked before that date by mutual agreement of the
contract parties with approval by the council. Such a program
shall be evaluated according to the benchmarks and indicators for
community and technical college education developed by the council.
If the council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall
thereafter be delivered by the community and technical college.
(iii)
Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia University Institute of Technology and The Community and
Technical College at West Virginia University Institute of
Technology relating to delivery of dual credit courses as defined
in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(C)
Eastern West Virginia Community and Technical College. --
Eastern West Virginia Community and Technical College is a
free-standing state institution of higher education seeking
independent accreditation. The president and the governing board
of Eastern Community and Technical College are responsible for
achieving independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(D)
Marshall Community and Technical College. --
(i) Marshall Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Marshall University subject
to the provisions of section twelve of this article. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering
to the essential conditions pursuant to section three of this
article.
(ii) Marshall University may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the council and through
contract with Marshall Community and Technical College. The terms
of the contract shall be negotiated between the governing boards of
the community and technical college and Marshall University. The final contract may not be implemented until approved by the council
except that any contract between the community and technical
college and Marshall University related to program delivery under
the terms of this section in effect on July 1, 2008, shall continue
in effect until July 1, 2009, unless amended or revoked before that
date by mutual agreement of the contract parties with approval by
the council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by
Marshall Community and Technical College.
(iii)
Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Marshall
University and Marshall Community and Technical College relating to
delivery of dual credit courses as defined in section two, article
one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(E)
New River Community and Technical College. --
(i) New River Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Bluefield State College
subject to the provisions of section twelve of this article. The
community and technical college is headquartered in Beckley and
incorporates the campuses of Greenbrier Community College Center of
New River Community and Technical College and Nicholas Community
College Center of New River Community and Technical College.
(ii) The president and the governing board of New River
Community and Technical College are responsible for maintaining
independent accreditation and adhering to the essential conditions
pursuant to section three of this article.
(iii) Bluefield State College may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided through
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the governing boards of the community and technical college and Bluefield State
College. The final contract may not be implemented until approved
by the council except that any contract between the community and
technical college and Bluefield State College related to program
delivery under the terms of this section in effect on July 1, 2008,
shall continue in effect until July 1, 2009, unless amended or
revoked before that date by mutual agreement of the contract
parties with approval by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by New River Community and Technical College.
(iv) Bluefield State College may continue the associate of
science degree in nursing which is an existing nationally
accredited associate degree program in an area of particular
institutional strength and which is closely articulated to the
baccalaureate program and mission. The program is of a high-cost
nature and can best be provided through direct administration by a
baccalaureate institution. This program may not be transferred to
New River Community and Technical College or any other community
and technical college as long as the program maintains national
accreditation and is seamlessly coordinated into the baccalaureate
program at the institution.
(v) New River Community and Technical College participates in
the planning and development of a unified effort involving multiple
providers to meet the documented education and work force
development needs in the region. Nothing in this subdivision
prohibits or limits any existing, or the continuation of any
existing, affiliation between Mountain State University, West
Virginia University Institute of Technology and West Virginia
University. The objective is to assure students and employers in
the area that there is coordination and efficient use of resources
among the separate programs and facilities, existing and planned,
in the Beckley area.
(F)
Pierpont Community and Technical College. --
(i) Pierpont Community and Technical College is an independent
state institution of higher education seeking independent
accreditation. The president and the governing board of Pierpont
Community and Technical College, assisted by the president and
governing board of Fairmont State University, are responsible for
the community and technical college achieving independent
accreditation and adhering to the essential conditions pursuant to
sections three and thirteen of this article.
(ii) Fairmont State University may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the council and through
contract with the community and technical college. The terms of
the contract shall be negotiated between the council and the
governing board of Fairmont State University. The final contract
may not be implemented until approved by the council except that
any contract between the community and technical college and
Fairmont State University related to program delivery under the
terms of this section in effect on July 1, 2008, shall continue in
effect until July 1, 2009, unless amended or revoked before that
date by mutual agreement of the contract parties with approval by
the council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(iii)
Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Fairmont
State University and Pierpont Community and Technical College
relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(G)
Southern West Virginia Community and Technical College. --
Southern West Virginia Community and Technical College is an
independently-accredited, free-standing state institution of higher
education. The president and the governing board of Southern West
Virginia Community and Technical College are responsible for
maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(H)
West Virginia Northern Community and Technical College. --
West Virginia Northern Community and Technical College is an
independently-accredited, free-standing state institution of higher
education. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(I)
West Virginia State Community and Technical College. --
(i) West Virginia State Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with West Virginia State
University subject to the provisions of section twelve of this
article. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(ii) West Virginia State University may continue associate
degree programs in areas of particular institutional strength which
are closely articulated to its baccalaureate programs and missions
or which are of a high-cost nature and can best be provided in
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the governing
boards of the community and technical college and West Virginia
State University. The final contract may not be implemented until
approved by the council except that any contract between the
community and technical college and West Virginia State University
related to program delivery under the terms of this section in
effect on July 1, 2008, shall continue in effect until July 1,
2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council.
Such a program shall be evaluated according to the benchmarks and
indicators for community and technical college education developed
by the council. If the council determines that the program is
making insufficient progress toward accomplishing the benchmarks,
the program shall thereafter be delivered by the community and
technical college.
(iii)
Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia State University and West Virginia State Community and
Technical College relating to delivery of dual credit courses as
defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(J) West Virginia University at Parkersburg. --
(i) West Virginia University at Parkersburg is an independently accredited state institution of higher education
which may maintain an association with West Virginia University
subject to the provisions of section twelve of this article. The
president and the governing board of the community and technical
college are responsible for maintaining independent accreditation
and adhering to the essential conditions pursuant to section three
of this article.
(ii) Any contract between the community and technical college
and West Virginia University related to program delivery under the
authority of the council or related to delivery of baccalaureate
programs, in effect on the first day of July, two thousand eight,
shall continue in effect unless amended or revoked by mutual
agreement of the contract parties with approval by the council.
(iii) In recognition of the unique and essential part West
Virginia University at Parkersburg plays in providing education
services in its region, the community and technical college may
continue delivering baccalaureate degree programs offered at the
institution on the effective date of this section, may implement
additional baccalaureate programs with the approval of the
commission and is strongly encouraged:
(I) To continue and expand its role as a higher education
center pursuant to subsection (c) of this section; and
(II) To broker from West Virginia University and other higher
education institutions, as appropriate, additional baccalaureate level degree programs the community and technical college
determines are needed in its service region.
(III) Any baccalaureate degree programs offered at the
community and technical college shall be delivered under the
authority of the commission. The program shall be evaluated
according to the benchmarks and indicators for baccalaureate
education developed by the commission.
NOTE: The purpose of this bill is to change the West Virginia
University at Parkersburg from a community and technical college
and merging and consolidating it with West Virginia University,
thus becoming a fully integrated division of West Virginia
University.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.