H. B. 2090


(By Delegate Spencer)
[Introduced February 10, 1993; referred to the
Committee on Education.]




A BILL to amend and reenact section seven, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section eight, article one, chapter eighteen-b of said code, all relating to designating sign language as an accepted course of study for credit as a foreign language in secondary and higher education.

Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section eight, article one, chapter eighteen-b of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-7. Courses of study; language of instruction.

The state board of education shall prescribe minimumstandards in the courses of study to be offered in elementary schools, high schools, vocational schools and in all other kinds, grades and classes of schools or departments thereof, which may now or hereafter be maintained in the state, in whole or in part, from any state fund or funds:
Provided, That the courses of study in the public schools in the state shall be prepared by the faculties, teachers or other constituted authority thereof, and shall, before going into effect, be submitted to the state board of education for its approval. The basic language of instruction in all schools, public, private and parochial, shall be the English language only. The state board shall not adopt any policies, or rules which set out time requirements within the instructional day for instruction in kindergarten through fourth grade.
The state board of education shall provide that sign language may be accepted as a credited course of study as a foreign language in elementary schools, high schools, vocational schools and in all other kinds, grades and classes of schools or departments thereof.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 1. GOVERNANCE.

§18B-1-8. Powers and duties of governing boards generally.

(a) Each governing board shall separately have the power and duty to:
(1) Determine, control, supervise and manage the financial, business and educational policies and affairs of the stateinstitutions of higher education under its jurisdiction;
(2) Prepare a master plan for the state institutions of higher education under its jurisdiction, setting forth the goals, missions, degree offerings, resource requirements, physical plant needs, state personnel needs, enrollment levels and other planning determinates and projections necessary in such a plan: Provided, That the master plan for post-secondary vocational education is subject to approval by the joint commission for post-secondary occupational education. The plan shall also address the roles and missions of private post-secondary education providers in the state. Each board shall involve the executive and legislative branches of state government and the general public in the development of all segments of the plan for post-secondary education in the state. The plan shall be established for periods of not less than five nor more than ten years and shall be periodically revised as necessary, including the addition or deletion of degree programs as in the discretion of the boards may be necessary. Whenever a state institution of higher education desires to establish a new degree program, such program proposal shall not be implemented until the same is filed with both governing boards. Upon objection thereto within sixty days by either governing board, such program proposal shall be filed with the secretary of education and the arts, who shall approve or disapprove such proposal within one year of the filing of said program proposal;
(3) Prescribe and allocate among the state institutions ofhigher education under its jurisdiction, in accordance with its master plan, specific functions and responsibilities to meet the higher education needs of the state and to avoid unnecessary duplication;
(4) Consult with the executive branch and the Legislature in the establishment of funding parameters, priorities and goals;
(5) Establish guidelines for and direct the preparation of budget requests for each of the state institutions of higher education under its jurisdiction, such requests to relate directly to missions, goals and projections in its state master plan;
(6) Consider, revise and submit to the appropriate agencies of the executive and legislative branches of state government separate budget requests on behalf of the state institutions of higher education under its jurisdiction or a single budget for the state institutions of higher education under its jurisdiction:
Provided, That when a single budget is submitted, that budget shall be accompanied by a tentative schedule of proposed allocations of funds to the separate state institutions of higher education under its jurisdiction;
(7) Prepare and submit to the speaker of the House of Delegates and the president of the Senate, no later than the first day of each regular session of the Legislature, and to any member of the Legislature upon request, an analysis of the budget request submitted under subdivision (6) of this subsection. The analysis shall summarize all amounts and sources of funds outsideof the general revenue fund anticipated to be received by each state institution of higher education under its jurisdiction and the effect of such funds on the budget request;
(8) Prepare and submit to the legislative auditor, no later than the first day of July of each year, the approved operating budgets of each state institution of higher education under its jurisdiction for the fiscal year beginning on that date and, no later than the first day of August, a summary of federal and other external funds received at each such institution during the previous fiscal year;
(9) Establish a system of information and data management that can be effectively utilized in the development and management of higher education policy, mission and goals;
(10) Review, at least every five years, all academic programs offered at the state institutions of higher education under its jurisdiction. The review shall address the viability, adequacy and necessity of the programs in relation to its master plan;
(11) Utilize faculty, students, and classified staff in institutional level planning and decision-making when those groups are affected;
(12) Administer a uniform system of personnel classification and compensation for all employees other than faculty and policy level administrators;
(13) Establish a uniform system for the hearing of employee grievances and appeals therefrom, so that aggrieved parties maybe assured of timely and objective review;
(14) Solicit and utilize or expend voluntary support, including financial contributions and support services, for the state institutions of higher education;
(15) Appoint a president or other administrative head for each institution of higher education from candidates submitted by the search and screening committees of the institutional boards of advisors pursuant to section one, article six of this chapter;
(16) Conduct performance evaluations of each institution's president in every fourth year of employment as president, recognizing unique characteristics of the institution and utilizing institutional personnel, institutional boards of advisors, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board;
(17) Submit to the joint committee on government and finance, no later than the first day of December of each year, an annual report of the performance of the system of higher education under its jurisdiction during the previous fiscal year as compared to stated goals in its master plan and budget appropriations for that fiscal year;
(18) Provide that sign language may be accepted as a credited course of study as a foreign language.
(b) The power herein given to each governing board to prescribe and allocate among the state institutions of higher education under its jurisdiction specific functions andresponsibilities to meet the higher educational needs of the state and avoid unnecessary duplication shall not be restricted by any provision of law assigning specified functions and responsibilities to designated state institutions of higher education, and such power shall supersede any such provision of law:
Provided, That each governing board may delegate, with prescribed standards and limitations, such part of its power and control over the business affairs of a particular state institution of higher education to the president or other administrative head of such state institution of higher education in any case where it deems such delegation necessary and prudent in order to enable such institution to function in a proper and expeditious manner: Provided, however, That such delegation shall not be interpreted to include classification of employees, lawful appeals made by students in accordance with the appropriate governing board's policy, lawful appeals made by faculty or staff, or final review of new or established academic or other programs. Any such delegation of power and control may be rescinded by the appropriate governing board at any time, in whole or in part.



NOTE: The purpose of this bill is to designate sign language as a credited course of study as a foreign language in secondary education and higher education levels.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.