Senate Bill 438 History
OTHER VERSIONS -
Committee Substitute (1)
Enrolled Version - Final Version
Senate Bill No. 438
(By Senators Plymale, Wells and McCabe)
[Introduced March 5, 2013; referred to the Committee on
Education; and then to the Committee on Finance .]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18B-3F-1, §18B-3F-2,
§18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-
3F-8 and §18B-3F-9, all relating to reorganization and
consolidation of community and technical colleges; providing
definitions; legislative findings; requiring development of a
strategic reorganization plan; establishing an administrative
planning committee; committee membership, terms of offices,
powers and duties; providing for appointment of an
institutional board of governors, president and other
officers; specifying certain duties; providing for transfer of
assets and liabilities, operating budgets, orders, policies
and procedures; setting forth employee rights and benefits;
and requiring notification of employment status by certain date under certain circumstances.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18B-3F-1, §18B-3F-2,
§18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8
and §18B-3F-9, all to read as follows:
ARTICLE 3F. REORGANIZATION OF COMMUNITY AND TECHNICAL COLLEGES.
-- For the purposes of this article terms have
the meaning ascribed to them in section two, article one of this
chapter, unless the context in which the term is used clearly
requires a different meaning or a specific definition is provided
in this section.
(1) "Administrative planning committee" or "planning
committee" means the advisory group established pursuant to the
provisions of section four of this article to oversee the
reorganization of community and technical colleges and to serve as
liaison to the institutional board of governors and the council.
(2) "Affected institution" means a community and technical
college which is included in a reorganization.
(3) "Chancellor" means the chief executive officer of the
Council for Community and Technical College Education appointed pursuant to section three, article two-b of this chapter.
(4) "Consolidated institution" means a community and technical
college formed by joining together one or more institutions to
create a new multicampus college or integrating one of more
institutions into an existing institution to form one multicampus
college. An institution that is included in a consolidation or
integrated into an existing institution ceases to exist as an
independent institution of higher education on the date the
reorganization is complete.
(5) "Institution" means any community and technical college
under the jurisdiction of the council.
(6) "Multicampus institution" means a college that has more
than one campus as defined and approved by the Higher Learning
Commission of the North Central Association of Schools and
(7) "Institutional reorganization" or "reorganization" means
the process of combining institutions to form a consolidated
community and technical college or integrating one institution into
(8) "Strategic reorganization plan" or "plan" means the
document developed in accordance with the provisions of section
three of this article consisting of strategies, procedures and
guidelines to be used in implementing an institutional reorganization.
§18B-3F-2. Legislative findings.
(a) The Legislature finds that while certain areas of the
state currently lack a sufficient population or employer base to
support an independent community and technical college, it is vital
to the citizens and businesses of these areas to have access to
comprehensive, high quality community and technical education
programs and services that are well articulated with the public
schools, baccalaureate institutions, and other community and
technical colleges; that make the most efficient and effective use
of facilities, faculty, staff, equipment and other available
resources; that encourage students of all ages, ability levels, and
economic circumstances to pursue a lifetime of learning; that serve
as engines of economic development; and that have the ability to
adapt quickly to changing needs for workforce training.
(b) The Legislature further finds that a critical need exists
to enhance the role of technical education in every area of the
state; to encourage and strengthen collaborative and cooperative
relationships between and among institutions in order to provide
the highest quality programs and services most effectively; and to
make the most efficient use of scarce resources while avoiding, to
the extent practicable, duplication of administrative and
programmatic costs. Establishment of multicampus institutions provides an excellent opportunity to implement more effective and
efficient systems of program delivery and to explore alternative
organizational and management structures best suited to serving the
needs of students, employers and the citizens of a geographic
region. Consolidation offers an efficient and effective method to
provide high quality, comprehensive community and technical
education in those areas where two institutions serve the same
community and technical college district or population center.
Creating a consolidated multicampus institution will enhance the
delivery of comprehensive community and technical college education
to that entire geographical region.
§18B-3F-3. Strategic reorganization plan.
(a) The council shall collaborate with the administrative
planning committee, established in section four of this article, to
develop a strategic reorganization plan for Bridgemont Community
and Technical College and Kanawha Valley Community and Technical
College, including all campuses and instruction sites of both
colleges. The council shall develop, implement, and complete the
reorganization within three years from the effective date of this
(b) The reorganization plan includes, but is not limited to,
the following elements:
(1) A time line showing specific steps for completing the reorganization within three years;
(2) A procedure to assure that all affected employees are
notified of their employment status pursuant to section nine of
(3) A statement of assurances showing specific steps to be
taken to safeguard the rights, privileges, and benefits of faculty,
classified employees, nonclassified employees, and administrators
of the institutions to be reorganized including provisions for
fulfilling contracts and protecting earned benefits;
(4) A description of the instructional benefits expected from
the reorganization including a detailed explanation of enhancements
to academic program offerings, workforce development programs for
employers, and services to students;
(5) A description of the fiscal benefits expected from the
reorganization including a detailed explanation of management
efficiencies, enhanced leadership skills, better coordination of
instruction and student support services, and efficiencies in
expenditures per full-time equivalent student;
(6) A statement of assurance that student access to high
quality education programming will be enhanced and/or maintained;
(7) A strategy to secure or, if appropriate, maintain regional
accreditation of a reorganized institution including a detailed
analysis of technical assistance to be provided to the institution;
(8) A student population projection and student demographic
analysis for the reorganized institution; and
(9) A cost to benefit analysis of the proposed reorganization,
including the impact on the geographic service area.
§18B-3F-4. Administrative planning committee; purpose; membership;
(a) The council shall establish an administrative planning
committee for the reorganization of Bridgemont and Kanawha Valley
Community and Technical Colleges.
(b) The administrative planning committee oversees the
reorganization process including collaborating with the council in
developing the strategic reorganization plan and provides advice
and technical assistance to the institutional boards of governors
and to the council.
(c) Membership. --
The administrative planning committee
consists of the following members:
(1) The president of each institution to be reorganized;
(2) The chair of the board of governors of each institution to
(3) The chair of the council;
(4) The vice chancellor for administration, appointed pursuant
to section two, article four of this chapter, or a designee; and
(5) The chancellor who is the chair of the planning committee.
(d) The administrative planning committee is created
specifically to assist in the reorganization and ceases to exist
three years from the date of creation or on the date when the
council determines the reorganization is complete, whichever occurs
§18B-3F-5. Appointment of institutional board of governors.
(a) Initial appointments to the board of governors of a
reorganized institution are made pursuant to the provisions of
section one, article two-a of this chapter, except as follows:
(1) When a consolidated institution is created, the board of
governors of each affected institution is abolished.
(2) The Governor shall select lay citizen members of the board
of governors for the consolidated institution equally from the
former lay citizen members of each of the boards of governors of
the affected institutions. Four of the initial appointments are
for terms of four years and five of the initial appointments are
for terms of three years. When the number of lay citizen members
can not be equally apportioned between or among the affected
institutions, the Governor may make any remaining appointments in
accordance with section one, article two-a of this chapter.
(b) At the end of the initial term, and thereafter, an
appointment to the board of governors of a consolidated
institution, either to fill a vacancy or to reappoint a member who is eligible to serve an additional term, shall be made in
accordance with section one, article two-a of this chapter.
§18B-3F-6. Powers and duties of board of governors.
(a) The actions and procedures of the board of governors
appointed pursuant to section five of this article are controlled
by article two-a of this chapter.
(1) The newly-created board has all the powers and duties
provided in section four, article two-a of this chapter.
(2) A reorganized institution created or established pursuant
to the provisions of this article is under the jurisdiction of the
(b) The programs of a consolidated institution are operated
under the procedures, policies, rules and practices of the newly-
formed board of governors, which shall initially adopt the rules
and policies of one of the affected institutions until the time
when new or revised policies are proposed and approved pursuant to
section six, article one of this chapter. The administrative
planning committee shall make a recommendation to the newly-formed
board of governors regarding which of the rules and policies of the
affected institutions should be adopted.
(c) It is the duty of the board of governors of the
consolidated institution to adopt policies, procedures and
standards that authorize, support and encourage the consolidated institution to fulfill its core mission. It is further the
specific duty of the board of governors to facilitate delivery of
a comprehensive program of community and technical college
education in the counties that are served by the multicampus
consolidated institution. To that end, the board shall expend from
the appropriations allocated to the affected institutions such
funds as are necessary or expedient to operate and conduct
programs, to acquire clear title to any real property and to make
necessary capital improvements.
(d) Within sixty days following the initial meeting of the
board of governors, the board shall choose a name for the
(1) By a vote of a majority of its members, the board of
governors may adopt officially, the name of one of the affected
institutions included in the consolidation or may select any name
as it sees fit.
(2) If the board of governors fails to take official action to
adopt a name for the consolidated institution within sixty days as
provided in this subsection, the consolidated multicampus
institution shall be named by the council at its next regularly
(e) In addition to the powers and duties set forth in this
section, the board of governors shall perform the following duties:
(1) Choose the president of one of the affected institutions
to be president of the newly-created institution pursuant to
section seven of this article;
(2) Determine which employees of the affected institutions are
to be retained pursuant to section nine of this article; and
(3) Serve as the designated board of advisors for the
Advantage Valley Advanced Technology Center created pursuant to
section fourteen, article three-c of this chapter.
§18B-3F-7. Appointment of institutional president; other officers.
(a) The president of each affected institution continues to
serve in that capacity until a new institutional board of governors
is appointed pursuant to section five of this article.
(b) The board of governors shall designate the other president
as provost or chief executive officer of his or her respective
campus. The salary and benefits of an individual who is serving as
an institutional president at the time of a reorganization may not
be reduced solely as a result of the reorganization. Provosts and
chief executive officers report directly to the president of the
(c) After the initial contract period ends or at the
expiration of a president's current contract, the board of
governors of the consolidated multicampus institution shall appoint
the president in accordance with section six, article one-b of this chapter.
§18B-3F-8. Budget; transfer of property, orders, policies,
(a) When a new institution is created, the operating budget of
each affected institution is integrated under the authority and
jurisdiction of the board of governors of the consolidated
(b) All financial assets, including state fund balances, and
liabilities are transferred from the authority of the board of
governors of each affected institution to the authority of the
board of governors of the consolidated institution.
(c) Any capital debt service payment formerly the
responsibility of an affected institution continues in the required
amount and is the responsibility of the board of governors of the
(d) The title to all real property, facilities, and equipment
of, as well as each valid agreement and obligation undertaken by,
the affected institutions are transferred to the board of governors
of the consolidated institution, which shall exercise general
determination, control, supervision and management of the
financial, business and education policies and affairs of the
(e) The title to all property purchased for the use of an affected institution is vested in the board of governors of the
§18B-3F-9. Rights and benefits of employees of affected
institutions; notice of employment status by
certain date required.
(a) Within sixty days of appointment, the newly-formed board
of governors of a consolidated institution, in consultation with
the president, determines which, if any, employees of the affected
institutions included in the consolidation are to be retained. The
president shall provide official notice to each employee of his or
her employment status not later than thirty days after the board's
(b) Official notification to employees.
(1) An employee who is not to be retained shall be given
official notice specifying his or her date of termination at least
three months prior to the date specified for termination. The
termination date may not be later than six months following the
date of official notification.
(2) An employee who is retained by the board of governors of
the consolidated institution is considered as having no break in
service for calculation of years of service, seniority,
participation in retirement plans, or continued employment by the
NOTE: The purpose of this bill is to authorize the
reorganization of certain community and technical colleges. The
bill sets forth the powers and duties of the West Virginia Council
for Community and Technical College Education; provides definitions
and makes legislative findings; requires development of a strategic
reorganization plan, establishes an administrative planning
committee; and provides for appointment of an institutional
president and other officers. Additionally, the bill provides for
transferring assets and liabilities, orders, policies, and
and determining operating budgets; provides for
employee rights and benefits; and requires
notification of employee retention or termination by certain date
under certain circumstances.
This article is new; therefore, strike-throughs and
underscoring have been omitted.