H. B. 4560
(By Delegate Louisos)
[Introduced February 14, 2006; referred to the
Committee on Education then the Judiciary.]
A BILL to repeal §18B-2-9 of the Code of West Virginia, 1931; as
amended; to amend and reenact §18B-1-2 of said code; and to
amend and reenact §18B-2A-1 of said code, all relating to
removing West Virginia Institute of Technology from the merger
with West Virginia University and returning it to its former
status as a singular state institution of higher education.
Be it enacted by the Legislature of West Virginia:
That §18B-2-9 of the Code of West Virginia, 1931, as amended,
be repealed; that §18B-1-2 of said code be amended and reenacted;
and that §18B-2A-1 of said code be amended and reenacted, all to
read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meaning hereinafter ascribed to them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand five,
"regional campus" means West Virginia University at Parkersburg;
and West Virginia university institute of technology
(b) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a
of this chapter;
(c) "Freestanding community and technical colleges" means
southern West Virginia community and technical college, West
Virginia northern community and technical college and eastern West
Virginia community and technical college which may not be operated
as branches or off-campus locations of any other state institution
of higher education;
(d) "Community college" or "community colleges" means community
and technical college or colleges as those terms are defined in this
section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges and
other state institutions of higher education which deliver community
and technical college education. This definition includes southern
West Virginia community and technical college, West Virginia
northern community and technical college, eastern West Virginia
community and technical college, New River community and technical
college, West Virginia University at Parkersburg, the community and technical college at West Virginia University Institute of
Technology, the community and technical college of Shepherd,
Fairmont state community and technical college, Marshall community
and technical college and West Virginia State Community and
Technical College;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in article
three-c of this chapter;
(g) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Higher education policy commission", "policy commission"
or "commission" means the commission created pursuant to section
one, article one-b of this chapter;
(j) "Chancellor for higher education" means the chief executive
officer of the higher education policy commission employed pursuant
to section five, article one-b of this chapter;
(k) "Chancellor for community and technical college education"
means the chief executive officer of the West Virginia council for
community and technical college education employed pursuant to section three, article two-b of this chapter;
(l) "Chancellor" means the chancellor for higher education
where the context refers to a function of the higher education
policy commission. "Chancellor" means chancellor for community and
technical college education where the context refers to a function
of the West Virginia council for community and technical college
education;
(m) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources in the prior fiscal
year, including, but not limited to, tuition and fees and
legislative appropriation, and any adjustments to that funding as
approved by the commission or council based on comparisons with peer
institutions or to reflect consistent components of peer operating
budgets;
(n) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education resulting
in or which may result in a two-year associate degree award
including an associate of arts, an associate of science and an
associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit and
noncredit workforce development programs; and transfer and
baccalaureate parallel programs. All such programs are under the jurisdiction of the council. Any reference to "post-secondary
vocational education programs" means community and technical college
education programs as defined in this subsection;
(o) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(p) For the purposes of this chapter and chapter eighteen-c of
this code, "senior administrator" means the vice chancellor for
administration employed by the commission with the advice and
consent of the council in accordance with section two, article four
of this chapter;
(q) "State college" means Bluefield state college, Concord
college, Fairmont state college, Glenville state college, Shepherd
college, West Liberty state college, West Virginia Institute of
Technology or West Virginia state college;
(r) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(s) Until the first day of July, two thousand five, "regional
campus" means West Virginia University at Parkersburg, Potomac state
college of West Virginia University and West Virginia University
Institute of Technology;
(t) The advisory board previously appointed for the West
Virginia graduate college is known as the "board of visitors" and shall provide guidance to the Marshall University graduate college;
(u) "Institutional compact" means the compact between the
commission or council and a state institution of higher education
under its jurisdiction, as described in section two, article one-a
of this chapter;
(v) "Peer institutions", "peer group" or "peers" means public
institutions of higher education used for comparison purposes and
selected by the commission pursuant to section three, article one-a
of this chapter;
(w) "Administratively linked community and technical college"
means a community and technical college created pursuant to section
eight, article three-c of this chapter;
(x) "Sponsoring institution" means a state institution of
higher education that maintains an administrative link to a
community and technical college pursuant to section eight, article
three-c of this chapter;
(y) "Collaboration" means entering into an agreement with one
or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(z) "Broker" or "brokering" means serving as an agent on behalf
of students, employers, communities or responsibility areas to
obtain education services not offered at that institution. These
services include courses, degree programs or other services
contracted through an agreement with a provider of education services either in-state or out-of-state; and
(aa) "Council" means the West Virginia council for community
and technical college education created pursuant to article two-b
of this chapter.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield state college, Concord college, eastern
West Virginia community and technical college, Fairmont state
college, Glenville state college, Marshall University, Shepherd
college, 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 college and West Virginia University.
(b) For the community and technical college of Shepherd and New
River community and technical college the institutional board of
advisors remains in place until the institution achieves independent
accreditation as provided in section eight, article three-c of this
chapter.
(1) As long as the institutional board of advisors remains in
place, the chairperson of the board of advisors serves as an ex
officio, voting member of the board of governors of the sponsoring
institution;
(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed pursuant
to this section;
(3) When a board of governors is established for the community
and technical college:
(A) The chairperson of the governing board of the sponsoring
institution serves as an ex officio, nonvoting member of the
governing board of the community and technical college board of
governors; and
(B) The chairperson of the governing board of the community and
technical college serves as an ex officio, nonvoting member of the
governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of
governors, the Governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
(c) Beginning the first day of June, two thousand six, an
institutional board of governors for West Virginia Institute of
Technology consisting of twelve persons, chosen and appointed in
accordance with the provisions of this section, shall be in place.
(c) (d) The institutional board of governors for Marshall
University consists of sixteen persons and the institutional board
of governors for West Virginia University consists of seventeen persons. Each other board of governors consists of twelve persons.
(d) (e) 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, 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 institutional board of
advisors of Marshall community and technical college serving as an
ex officio, voting member.
(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 institutional board of advisors
of the community and technical college at West Virginia University
Institute of Technology and West Virginia University at Parkersburg.
(6) For each institutional board of governors of an institution that does not have an administratively-linked community and
technical college under its jurisdiction, nine lay members appointed
by the Governor, by and with the advice and consent of the Senate,
pursuant to this section.
(7) For each institutional board of governors which has an
administratively-linked community and technical college under its
jurisdiction:
(A) Eight 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 institutional board of advisors
of the administratively-linked community and technical college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
(e) (f) Of the eight or nine members appointed by the Governor,
no more than five may be of the same political party. Of the twelve
members appointed by the Governor to the governing boards of
Marshall University and West Virginia University, no more than seven
may be of the same political party. Of the eight or nine members
appointed by the Governor, at least six shall be residents of the
state. Of the twelve members appointed by the Governor to the
governing boards of Marshall University and West Virginia
University, at least eight shall be residents of the state.
(f) (g) The student member serves for a term of one year. Each term begins on the first day of July.
(g) (h) The faculty member serves for a term of two years.
Each term begins on the first day of July. Faculty members are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.
(h) (i) The member representing classified employees serves for
a term of two years. Each term begins on the first day of July.
Members representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(i) (j) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more than
one additional term.
(j) (k) 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 the thirtieth
day of June 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. A member may not serve as
chairperson for more than two consecutive years.
(k) (l) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(l) (m) 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, a member of an institutional board of
advisors 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 or public employment under the government of this state or
any of its political subdivisions 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 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 an institutional board of
advisors 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; 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) (n) 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) (o) 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) (p) 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.
NOTE: The purpose of this bill is to remove West Virginia
Institute of Technology from the merger with West Virginia
University and return it to its former status as a singular state
institution of higher education.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.