H. B. 4362
(By Delegates Mezzatesta and Williams)
[Introduced
February 1, 2002
; referred to the
Committee on Education.]
A BILL to amend and reenact section four, article one-b, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to higher education;
higher education policy commission; and expanding the powers
and duties of the policy commission.
Be it enacted by the Legislature of West Virginia:
That section four, article one-b, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
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 of this chapter.
To that end, the commission has the following powers and duties:
(1) Develop, oversee and advance the public policy agenda to
address major challenges facing the state, including, but not
limited to, the goals and objectives found in section one-a,
article one of this chapter and including specifically those goals
and objectives pertaining to the compacts created pursuant to
section two, article one-a of this chapter and to develop and
implement the master plan described in section ten of this article
for the purpose of accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation 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;
and
(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;
(3) 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 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 and the higher
education system as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Review the progress of community and technical colleges in
every region of West Virginia; such review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
(7) Serve as the accountability point for the governor for
implementation of the public policy agenda and for the Legislature
by maintaining a close working relationship with the legislative
leadership and the legislative oversight commission on education
accountability;
(8) Promulgate legislative rules pursuant to article three-a,
chapter twenty-nine-a to fulfill the purposes of section five,
article one-a of this chapter;
(9) Establish and implement a peer group for each public
institution of higher education in the state as described in
section three, article one-a of this chapter;
(10) Establish and implement the benchmarks and performance indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions;
(11) In January, two thousand one, and annually thereafter,
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 the 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 set forth in section one-a, article one of
this chapter;
(B) An analysis of enrollment data collected pursuant to
subsection (i), 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 (12) of this subsection and the justification for such priority;
(E) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments;
(13) On or before the first day of October, two thousand,
develop, establish and implement guidelines for institutions to
follow concerning extensive capital projects. 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 one million dollars in cost. No such project may be
pursued by an institution without the approval of the commission
nor may an institution 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;
(14) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and training;
(15) 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;
(16) Employ a chancellor for higher education pursuant to
section five of this article;
(17) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the commission;
(18) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(19) Conduct a study of the faculty tenure system as
administered by the governing boards with specific attention to the
role of community service and other criteria for achieving tenured
status. The commission shall make a report of its findings and
recommendations to the legislative oversight commission on
education accountability by the first day of July, two thousand one;
(20) Advise and consent in the appointment of the presidents
of the institutions of higher education 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 of this chapter;
(21) Approve the total compensation package from all sources
for institutional presidents, 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;
(22) 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;
(23) Approve and implement a uniform standard, as developed by the chancellor, 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 chancellor
shall develop a clear, concise explanation of the standard which
the governing boards shall communicate to the state board of
education and the state superintendent of schools;
(24) Review and approve or disapprove capital projects as
described in subdivision (12), subsection (a) of this section;
(25) Develop and implement an oversight plan to manage
system-wide 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, increase
the delivery of instruction to nontraditional students, provide
services to business and industry and increase the management
capabilities of the higher education system; and
(B) Reviewing courses and programs offered within the state by
nonstate public or private institutions of higher education;
(26) 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 consistent with sound academic policy;
(27) 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 consistent with sound academic policy;
(28) 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 consistent with sound academic policy;
(29) Establish and implement policies and programs, in
cooperation with 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;
(30) Establish and implement policies and programs, in
cooperation with the institutions of higher education, through
which students obtain college credit for service performed in the
public schools as tutors, student advisors and mentors for the
benefits of postsecondary education attainment.
(31) Seek out and attend regional, national and international
meetings and forums on education and work force development related
topics, as in the commission's discretion is 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 pursuant to section one-a, article one of this
chapter;
(31) (32) Develop, establish and implement guidelines for
higher education governing boards and institutions to follow when considering capital projects. The guidelines shall include, but
not be limited to, the following:
(A) That the governing boards and institutions not approve or
promote projects that give competitive advantage to new private
sector projects over existing West Virginia businesses, unless the
commission determines such private sector projects are in the best
interest of the students, the institution and the community to be
served; and
(B) That the governing boards and institutions not approve or
promote 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.
The commission shall determine whether the guidelines
developed pursuant to this subdivision should apply to any project
which a governing board and institution allege to have been planned
on or before the seventeenth day of June, two thousand. In making
the determination, the commission shall be guided by the best
interests of the students, the institution and the community to be
served;
(32) (33) Certify to the Legislature, on or before the first day of February, two thousand one, the priority funding percentages
and other information needed to complete the allocation of funds in
section five, article one-a of this chapter;
(33) (34) Consider and submit to the appropriate agencies of
the executive and legislative branches of state government, a
single budget for higher education that reflects recommended
appropriations: Provided, That on the first day of January, two
thousand one, and annually thereafter, the commission shall submit
the proposed institutional allocations based on each institution's
progress toward meeting the goals of its institutional compact;
(34) (35) Initiate a full review and analysis of all student
fees charged by state institutions of higher education and make
recommendations to the legislative oversight commission on
education accountability no later than the second day of January,
two thousand two. The final report shall contain findings of fact
and recommendations for proposed legislation to condense, simplify
and streamline the fee schedule and the use of fees or other money
collected by state institutions of higher education;
(35) (36) The commission has the authority to assess
institutions for the payment of expenses of the commission or for
the funding of statewide higher education services, obligations or initiatives;
(36) (37) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(37) (38) 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 the thirtieth day of June,
two thousand. Notwithstanding any provisions of this code to the
contrary, the commission may appoint one of its own members or any
other citizen of the state as its designee. The commission shall
appoint the total number of persons in the aggregate required to be
appointed by these previous governing boards;
(38) (39) Assume the powers set out in section five, article
three of this chapter. The rules previously promulgated by the
state college system board of directors pursuant to that section
are hereby transferred to the commission and shall continue in
effect until rescinded, revised, altered or amended by the
commission;
(39) (40) Examine and determine the feasibility of
recommendations contained in the Implementation Board Report
presented to the commission in January, two thousand one, and, at
the discretion of the commission, create the advantage valley
community college network to enhance provision of community and
technical college education in the responsibility areas of Marshall
university, West Virginia state college and West Virginia
university institute of technology;
(40) (41) 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 may promulgate a new
uniform rule for the purpose of standardizing, as much as possible,
the administration of personnel matters among the institutions of
higher education;
(41) (42) Determine when a joint rule among the governing
boards is necessary or required by law and, in those instances and
in consultation with the governing boards, promulgate the joint
rule;
(42) (43) Promulgate a joint rule establishing tuition and fee
policy. 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 considers
appropriate; and
(43) (44) Develop a method for the council, or members
thereof, to participate in the selection of administrative heads of
the community and technical colleges.
(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 money to influence institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval including the use of
institutional missions as a template to judge the appropriateness
of both new and existing programs and the authority to implement
needed changes;
(5) Development of budget and allocation of resources,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
(6) Administration of state and federal student aid programs,
including promulgation of any rules formerly vested in the previous
governing boards in relation to those programs;
(7) Acting 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) 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;
(10) Development, implementation and oversight of statewide
and regionwide projects and initiatives such as those using funds
from federal categorical programs or those using incentive and
performance-based funding from any source; and
(11) Quality assurance that intersects with all other duties
of the commission particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information
and accountability systems.
(c) In addition to the powers and duties provided for 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 governing board for a period not to exceed two years if the
commission makes a determination that:
(1) The governing board has failed for two consecutive years to develop an institutional compact as required in article one 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 according to
state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
(4) The period of withdrawal of specific powers may not exceed
two years during which time the commission is authorized to take
steps necessary to reestablish the conditions for restoration of
sound, stable and responsible institutional governance.
(e) Notwithstanding the provisions of section six, article
one-a of this chapter, the commission shall undertake a study of
the most effective and efficient strategies and policies to address
the findings and intent of that section.
(1) The issues addressed by this study shall include, but not
be limited to:
(A) Strategies to ensure access to graduate education;
(B) The development of state colleges as regional graduate centers with authority to broker access to graduate programs in
their responsibility areas;
(C) The process by which state colleges obtain authorization
to grant graduate degrees;
(D) The relationship of regional graduate centers at state
colleges to graduate programs offered within those regions by state
universities; and
(E) Other issues related to initiatives to meet each region's
need and enhance the quality and competitiveness of graduate
programs offered and/or brokered by West Virginia state colleges
and universities.
(2) The commission shall report the findings of this study
along with the recommendations for legislative actions, if any, to
address these findings and the intent of this section, to the
legislative oversight commission on education accountability by the
first day of January, two thousand one.
NOTE: The purpose of this bill is to expand the powers and
duties of the Higher Education Policy Commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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