ENROLLED
Senate Bill No. 591
(Originating in the Committee on Finance)
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[Passed March 9, 1996; in effect from passage.]
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AN ACT to repeal section thirteen, article two, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-
one, as amended; to repeal section one, article fifteen of
said chapter; to amend and reenact sections one-c, one-d, two
and eight-a, article one, chapter eighteen-b of said code; to
further amend said article by adding thereto a new section,
designated section eight-b; to amend article two of said
chapter by adding thereto a new section, designated section
nine; to amend and reenact sections one, two and three-a,
article three of said chapter; to amend and reenact section
one, article four of said chapter; to amend and reenact
sections two, three and four, article six of said chapter; and
to amend and reenact section one, article eight of said
chapter, all relating to higher education generally; repealing obsolete language; strategic plans submitted by institutions
of higher education; changing the submission dates for
strategic plans and the requirements for approval of such
plans; contents of statewide report cards; changing the
submission dates for statewide report cards required to be
submitted by institutions of higher education; allocating
funds appropriated to the higher education efficiency fund;
transferring West Virginia Institute of Technology to the
board of trustees; reconstituting the Board of Directors and
providing for the election of a chairman; establishing
institutional control accounts; community and technical
college education; terms of office and election of the
chairman of advisory councils of faculty; terms of office and
election of the chairman of advisory councils of students;
terms of office and election of the chairman of advisory
councils of classified employees; establishing a coordinate
affiliation between Marshall university and West Virginia
graduate college; promulgation of legislative rules; updating
language concerning the vice chancellor of health sciences;
and defining institutions.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as
amended be repealed; that section one, article fifteen of said
chapter be repealed; that sections one-c, one-d, two and eight-a,
article one, chapter eighteen-b of said code be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section eight-b; that article two of said
chapter be further amended by adding thereto a new section,
designated section nine; that sections one, two and three-a,
article three of said chapter be amended and reenacted; that
section one, article four of said chapter be amended and reenacted;
that sections two, three and four, article six of said chapter be
amended and reenacted; and that section one, article eight of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-1c. Strategically focusing resources to maximize
opportunity; institution plans; resource allocation
exceptions.
(a) Purpose of strategic plans. -- To achieve the goals for
post-secondary education as set forth in section one-a of this
article, each of the following state institutions of higher
education shall prepare a strategic plan of change to refocus its
mission and leadership, and restructure its existing resources and programs: Bluefield state college; Concord college; Glenville
state college; Fairmont state college; Marshall university; West
Virginia northern community college; Potomac state college of West
Virginia university; Shepherd college; southern West Virginia
community college; West Liberty state college; the West Virginia
graduate college; West Virginia university institute of technology;
West Virginia university at Parkersburg; West Virginia school of
osteopathic medicine; West Virginia state college; West Virginia
university; and all branch campuses of these institutions of higher
education. The plans shall specifically state how the institution
will, over a five-year period, refocus its mission and leadership
and restructure its existing resources and programs to achieve the
goals for post-secondary education including, but not limited to,
the following: (1) Increase average faculty salaries at the
institution, not including health sciences, to a level at least
equal to ninety-five percent of the average faculty salaries at
peer institutions in the southern regional education board region:
Provided, That West Virginia university, excluding West Virginia
university at Parkersburg, Potomac state college of West Virginia
university and West Virginia university institute of technology
shall state specifically how it will increase average faculty
salaries at that institution, not including health sciences, to a level at least equal to ninety percent of the average faculty
salaries at peer institutions in the southern regional education
board region; (2) achieve full funding of the uniform employee
classification system and salary policy for classified employees
adopted by the respective governing boards pursuant to section
four, article nine of this chapter; (3) eliminate duplicative
programs and services, acting alone or in conjunction with another
institution, and eliminate under-utilized or unnecessary programs;
(4) may combine administrative functions among other institutions;
and (5) use admission and exit standards for students, incentives
and staff development for assuring quality teaching and learning
and the critical assessment of programs to meet the goals. The
plan shall also state the manner in which any pay increases will be
funded, the sources of any funds used for pay increases, and the
savings and costs associated with achieving any other goals
specified in the plan and how the funds are to be redirected. The
faculty senate, classified staff council and the student government
association shall be consulted prior to the submission of the plan
and their recommendations included in the president's report to the
board. Beginning the first day of July, one thousand nine hundred
ninety-six, the budgets of state institutions of higher education
shall reflect movement to the salary targets for faculty and classified staff as set forth in this section and any other goals
specified in their strategic plan for change.
(b) Submission of strategic plans. -- The president or
administrative head of each state institution of higher education
shall submit the plan for the institution to its respective
governing board on or before the first day of November, one
thousand nine hundred ninety-five, and every year thereafter,
through and including the fiscal year two thousand--two thousand
one: Provided, That community and technical college education shall
not be required to be segregated in the plan until the first day of
November, one thousand nine hundred ninety-six.
(c) Approval of strategic plans by the governing boards. --
The governing boards shall approve or disapprove the plans within
sixty days of receipt of the plans and notify the institution
president or administrative head of its decision. Approval or
disapproval of the plan of each institution shall be decided by a
vote of the appropriate governing board and shall be made part of
its minute record: Provided, That if the plan submitted by the
institution includes retirement and separation incentives pursuant
to section one-d of this article, that portion of the plan shall be
submitted by the governing board to the legislative joint standing
committee on pensions and retirement, and the time required for review by the committee shall not be included in the sixty days.
(d) Approval of original strategic plans by the secretary of
education and the arts. -- Once the appropriate governing board
approves the original plan, for the fiscal year beginning the first
day of July, one thousand nine hundred ninety-six, it shall submit
the plan to the secretary of education and the arts, as established
in section two, article one, chapter five-f of this code, and
hereby known as the "secretary" for purposes of this section, for
approval or disapproval. The secretary shall approve or disapprove
the plan and notify the appropriate governing board of the decision
within thirty calendar days. Upon such approval the institution
shall receive its share of the funds from the "higher education
efficiency fund", pursuant to subsection (j) of this section. If
an original plan from any institution is disapproved by the
secretary, the secretary shall notify the appropriate governing
board and shall return the plan to the institution for revision and
resubmission to the appropriate governing board. When an
institution resubmits its original strategic plan to the
appropriate governing board, the board shall vote to approve or
disapprove the plan pursuant to subsection (c) of this section.
Once the original plan has been approved by the appropriate
governing board, the governing board shall resubmit the plan to the secretary for approval or disapproval. The secretary shall notify
the appropriate governing board within twenty calendar days of his
or her action. Upon such approval the institution shall receive
its share of the funds from the "higher education efficiency fund",
pursuant to subsection (j) of this section.
(e) Disapproval of strategic plans by the governing boards. --
If disapproved, the governing board shall return the plan to the
institution president or administrative head stating its reasons
for disapproval. The institution president or administrative head
may modify and resubmit a plan which was disapproved at any time
and the governing board shall vote, in accordance with subsection
(c) of this section, to approve or disapprove the resubmitted plan
within thirty calendar days and notify the institution president or
administrative head. If the plan has not been approved by the
appropriate governing board on or before the first day of February
following the November submission date, the board is authorized to
develop a plan for the institution. The president or administrative
head of every state institution of higher education with an
approved plan shall update the plan on an annual basis to reflect
performance during the preceding year and make any necessary
modifications. The updated plan shall be submitted on the first
day of November in each of the subsequent years through and including the fiscal year two thousand--two thousand one, and the
governing board shall follow the same procedures for approval or
disapproval as provided in this section for the original plan.
Upon the approval of a plan or plan update which includes the
elimination of a program, the institution president or
administrative head immediately shall notify affected students,
faculty and staff.
(f) Exceptions under the resource allocation model and
policies. -- Any state institution of higher education with an
approved plan may apply to its governing board for an exception
under the resource allocation model and policies to retain funding
for student enrollments that decline due to planned program
reductions or elimination under the strategic plan. The number of
student enrollments subject to the exception shall be based on the
average full-time equivalent enrollments over the five preceding
years in the program. The allocation exception shall become
effective in the next ensuing allocation cycle following approval
by the governing board and notification of affected faculty,
students and staff of the program reduction or elimination, and
shall remain effective for the number of years normally required
for students to complete the full program from beginning enrollment
to graduation, subject to annual review by the governing board of the actual decline in program enrollments. Notwithstanding any
other provision of this section, any program suspended or
discontinued by action of the governing board on or after the first
day of September, one thousand nine hundred ninety-four, and prior
to the eleventh day of March, one thousand nine hundred ninety-
five, which is being eliminated pursuant to that action, is
eligible for an exception under the resource allocation model and
policies pursuant to this section for the fiscal year one thousand
nine hundred ninety-six.
(g) Any state institution of higher education with an
approved plan may apply to its governing board for an exception
under the resource allocation model and policies to retain funding
for student enrollments that decline due to the planned reductions
for the purpose of enhancing the quality of a particular program.
The number of student enrollments subject to the exception shall be
based on the average full-time equivalent enrollments over the
preceding five years in the program. Money allocated to the
institution as a result of this exception shall be used to enhance
the quality of that particular program. The allocation exception
shall become effective in the next ensuing allocation cycle
following approval by the governing board and notification of
affected faculty, students and staff of the program reduction and shall remain in effect subject to biennial review by the governing
board of the actual decline in program enrollments and enhancements
in quality of the program.
(h) The application for an exception under this subsection
shall be submitted to the appropriate governing board by the
institution president or administrative head and state how the
funds will be redirected to achieve the purposes of the
institution's approved plan including, but not limited to, salary
increases to attract and retain quality faculty and staff, expand
and improve the quality of existing programs, and make additional
investments in technology and increased access. The governing
board shall approve or disapprove the application within sixty days
of receipt and if disapproved, shall return the application to the
institution president or administrative head stating the reasons
for disapproval. The institution president or administrative head
may modify and resubmit an application which was disapproved at any
time and the governing board shall approve or disapprove the
resubmitted application within sixty days and notify the
institution president or administrative head as provided in this
subsection for the original plan.
(i) An exception to the resource allocation model and
policies granted under this section and any differential approved for an institution by its governing board to reflect the high costs
of a program within the institution's mission shall be removed from
the institutions base budget and, to the extent included therein,
from the indicated level of state support for the purposes of
subsection (d), section two, article five of this chapter, and any
governing board rule to the contrary is hereby specifically
modified.
(j) Higher education efficiency fund. -- It is the expressed
intent of the Legislature, subject to the availability of funds and
appropriations therefor, to increase state appropriated funds for
state institutions of higher education in each of the five fiscal
years, one thousand nine hundred ninety-seven, through and
including, fiscal year two thousand--two thousand one, at a rate of
at least three and twenty-five one-hundredths percent per year to
assist the institutions in achieving their strategic plan of
change, subject to demonstrated effort by the institutions as
determined by the Legislature to refocus and restructure their
missions, leadership, resources and programs to meet the plans in
accordance with this section. In any fiscal year in which the
state appropriated funds are less than the expressed intent, the
governing boards may adjust the targets set forth in the strategic
plans for change by a like proportion: Provided, That the target shall not be adjusted for those institutions which have lost funds
as a result of failure to secure approval, pursuant to this
section, or failure to comply with their approved strategic plans.
Beginning with legislative appropriations under this subsection for
the fiscal year one thousand nine hundred ninety-six--ninety-seven,
the Legislature shall appropriate the funds, if any, to a separate
account known as the "higher education efficiency fund" in the
state budget. Funds from the higher education efficiency fund shall
be allocated in the following manner:
(1) For the fiscal year one thousand nine hundred ninety-six--
ninety-seven, appropriations to the fund shall be allocated only to
institutions with approved plans, pursuant to this section; and
(2) For the fiscal year one thousand nine hundred ninety-
seven--ninety-eight, and every year through and including the
fiscal year two thousand--two thousand one, appropriations to the
fund shall be allocated only to institutions with approved plans,
pursuant to this section, which are in compliance with their
strategic plan for change as approved by the appropriate governing
board. The allocations shall be made in accordance with the
resource allocation model and policies in the following manner:
(i) Any institution with a plan approved by the appropriate
governing board by the first day of July of each fiscal year is entitled to its full annual share of the moneys appropriated to the
higher education efficiency fund;
(ii) Any institution which fails to secure approval by the
appropriate governing board by the first day of July, but secures
the approval before the first day of October, is entitled to the
remaining three quarters of its annual share of the moneys
appropriated to the higher education efficiency fund;
(iii) Any institution which fails to secure approval by the
appropriate governing board by the first day of July, but secures
approval before the first day of January, is entitled to the
remaining one half of its annual share of the moneys appropriated
to the higher education efficiency fund; and
(iv) Any institution which fails to secure approval by the
appropriate governing board by the first day of July, but secures
approval before the first day of April, is entitled to the
remaining one quarter of its annual share of the moneys
appropriated to the higher education efficiency fund.
The quarterly share of the higher education efficiency fund
of an institution which is not so allocated, by the beginning of
each quarter, shall be allocated immediately to the higher
education grant program, pursuant to article five, chapter
eighteen-c of this code, or if such program is fully funded, for expenditure among all institutions for scholarships and student
grant programs.
§18B-1-1d. Increasing flexibility and capacity for change.
(a) Retirement and separation incentives. -- Notwithstanding
any other provisions of this code to the contrary, each state
institution of higher education may include in their strategic
plans, pursuant to section one-c of this article, policies that
offer various incentives for voluntary, early or phased retirement
of employees, or voluntary separation from employment, when
necessary to implement programmatic changes effectively pursuant to
the findings, directives, goals and objectives of this article:
Provided, That such incentives for voluntary, early or phased
retirement of employees, or voluntary separation from employment
must be submitted by the governing board to the legislative joint
committee on pensions and retirement and approved before such
policies are adopted as part of the institution's strategic plan.
The policies may include the following provisions:
(1) Payment of a lump sum to an employee to resign or retire;
(2) Continuation of full salary to an employee for a
predetermined period of time prior to the employee's resignation or
retirement and a reduction in the employee's hours of employment
during the predetermined period of time;
(3) Continuation of insurance coverage pursuant to the
provisions of article sixteen, chapter five of this code for a
predetermined period;
(4) Continuation of full employer contributions to an
employee's retirement plan during a phased retirement period; and
(5) That an employee retiring pursuant to an early or phased
retirement plan may begin collecting an annuity from the employee's
retirement plan prior to the statutorily designated retirement date
without terminating their service with the institution.
No incentive provided for in this section shall be granted
except in furtherance of programmatic changes undertaken pursuant
to the findings, directives, goals and objectives set forth in this
article.
No incentive proposed by an institution pursuant to this
section shall become a part of the institution's approved strategic
plan or be implemented without approval of the legislative joint
committee on pensions and retirement.
Any costs associated with any incentive adopted or implemented
in accordance with this section shall be borne entirely by the
institutions and no incentive shall be granted that imposes costs
on the retirement systems of the state or the public employees
insurance agency unless those costs are paid entirely by the institutions.
The Legislature further finds and declares that there is a
compelling state interest in restricting the availability and
application of these incentives to individual employees determined
by the institutions to be in furtherance of the aims of this
section and nothing herein shall be interpreted as granting a right
or entitlement of any such incentive to any individual or group of
individuals. Any employee granted incentives shall be ineligible
for reemployment by the institutions during or after the negotiated
period of their incentive concludes including contract employment
in excess of five thousand dollars per fiscal year.
The West Virginia network for educational telecomputing may
utilize the incentives contained in any policy approved by the
legislative joint committee on pensions and retirement pursuant to
this section.
(b) Pilot flexibility initiative. -- The board of directors is
directed to submit a plan for a pilot flexibility initiative to the
legislative oversight commission on education accountability on or
before the first day of October, one thousand nine hundred ninety-
five. The plan shall include at least the following: (1) A system
whereby the state institutions of higher education in the state
college system may apply to the board of directors for a waiver of board policies and rules; (2) a detailed application for
institutions seeking to participate in the pilot flexibility
initiative which shall set forth at a minimum: (i) A statement of
the specific goals and objectives that the institution proposes to
accomplish if the application is approved; (ii) the specific board
policies and rules which the institution seeks to have waived for
all or a portion of the waiver period; and (iii) proposed rules and
policies under which the institution would operate during the
period of waiver; (3) the process by which the board of directors
will review the application; (4) the person or body who shall have
the final authority to approve the application of not more than two
institutions; (5) the time period for which the waiver will be
granted; (6) the specific board policies and rules which the
institution may request to have waived; (7) the process by which
the rules and policies of the institutions participating in the
pilot flexibility initiative may modify its rules and policies; and
(8) the person or body to whom the institutions shall be reporting
during the period of waiver.
(c) It is the intent of this Legislature to review the pilot
flexibility plan and after such review to establish a pilot
flexibility initiative in the legislative session of one thousand
nine hundred ninety-six.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code shall have the meaning hereinafter ascribed
to them unless the context clearly indicates a different meaning:
(a) "Governing board" or "board" means the university of West
Virginia board of trustees or the board of directors of the state
college system, whichever is applicable within the context of the
institution or institutions referred to in this chapter or in other
provisions of law;
(b) "Governing boards" or "boards" means both the board of
trustees and the board of directors;
(c) "Freestanding community colleges" means southern West
Virginia community and technical college and West Virginia northern
community and technical college, which shall 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,
community and technical education programs of regional campuses of West Virginia university, and divisions of state institutions of
higher education which have a defined community and technical
college district and offer community and technical college
education in accordance with the provisions of section three-a,
article three of this chapter;
(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 section
three-a, article three of this chapter, and also shall include
post-secondary vocational education programs in the state as those
terms are defined in this section. Community and technical college
education shall be delivered through a system which includes eleven
community and technical college districts assigned to state
institutions of higher education under the jurisdiction of the
board of directors and the board of trustees, respectively;
(g) "Directors" or "board of directors" means the board of
directors of the state college system created pursuant to article
three of this chapter or the members thereof;
(h) "Higher educational 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) "Post-secondary vocational education programs" means any college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of directors;
(j) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(k) "Senior administrator" means the person hired by the
governing boards in accordance with section one, article four of
this chapter, with such powers and duties as may be provided for in
section two of said article;
(l) "State college" means Bluefield state college, Concord
college, Fairmont state college, Glenville state college, Shepherd
college, West Liberty state college, or West Virginia state
college;
(m) "State college system" means the state colleges and
community and technical colleges, and also shall include post-
secondary vocational education programs in the state as those terms
are defined in this section;
(n) "State college system community and technical colleges"
means the freestanding community and technical colleges and
community and technical colleges operated on the campuses of state
colleges under the jurisdiction of the board of directors of the state college system and all of their associated branches, centers
and off-campus locations;
(o) "State institution of higher education" means any
university, college or community and technical college in the state
university system or the state college system as those terms are
defined in this section;
(p) "Trustees" and "board of trustees" means the university of
West Virginia board of trustees created pursuant to article two of
this chapter or the members thereof;
(q) "University", "university of West Virginia" and "state
university system" means the multi-campus, integrated university of
the state, consisting of West Virginia university, including West
Virginia university at Parkersburg, Potomac state college of West
Virginia university, West Virginia university institute of
technology and the West Virginia university school of medicine;
Marshall university, including the Marshall university school of
medicine and the Marshall university community and technical
college; the West Virginia graduate college; and the West Virginia
school of osteopathic medicine;
(r) "University system community and technical colleges" means
Marshall university community and technical college, community and
technical education programs at West Virginia university at Parkersburg, community and technical education programs at Potomac
state college of West Virginia university and West Virginia
university institute of technology community and technical college
under the jurisdiction of the university of West Virginia board of
trustees and all their associated branches, centers and off-campus
locations; and
(s) "Regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university, and
West Virginia University institute of technology. The chief
executive officer of a regional campus shall be known as "campus
president", shall serve at the will and pleasure of the president
of West Virginia university, and shall report to the president of
West Virginia university or his or her designee in the method
specified by West Virginia university. The board of advisors for
West Virginia university established pursuant to section one,
article six of this chapter shall serve as the advisory board for
West Virginia university and its regional campuses. The advisory
boards previously appointed for each regional campus shall be known
as "Boards of Visitors" and shall provide guidance to the regional
campus presidents. Each regional campus shall adopt separate
strategic plans required by section one-c of this article.
18B-1-8a. Higher education accountability; institutional and statewide report cards.
(a) The governing boards are directed to make information
available to parents, students, faculty, staff, state policymakers
and the general public on the quality and performance of public
higher education. This information shall be consistent and
comparable between and among the state institutions of higher
education and, if applicable, comparable with information from peer
institutions in the region and the nation.
(b) On or before the first day of November, one thousand nine
hundred ninety-five, the governing boards are directed to adopt a
rule pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code, providing for the collection, analysis
and dissemination of data and information on the performance of the
state institutions of higher education, including health sciences
education, in relation to the findings, directives, goals and
objectives set forth in sections one-a and one-b of this article
and in comparison to their peers in the region and the nation. In
developing the rule, the governing boards shall consult with the
governor, the legislative oversight commission on education
accountability and the state department of education regarding the
relevant areas of data and information considered necessary for
inclusion in a higher education report card. Upon approval of the rule by the legislative oversight commission on education
accountability, and the effective date of the rule, the provisions
of subsection (c) of this section are null and void: The
legislative rules shall provide the legislative oversight
commission on education accountability with full and accurate
information while minimizing the institutional burden of
recordkeeping and reporting. The legislative rules shall include
uniform definitions for the various indicators of student and
institutional performance and guidelines for the collection and
reporting of data and the preparation, printing and distribution of
report cards under this section. The report card forms shall
provide for brief, concise reporting in nontechnical language of
required information. Any technical or explanatory material which
an institution or governing board wishes to include shall be
contained in a separate appendix available to the general public
upon request.
(c) The president or chief executive officer of each public
college, university or community college shall prepare and submit
annually all requested data to the appropriate governing board at
the time as the governing board may establish. The governing
boards shall prepare institutional report cards for institutions
under their jurisdiction and systemwide report cards which shall include the information required in the following subdivisions:
(1) For all undergraduate students and for all institutions
having undergraduate programs, the institution shall report the
following as available and applicable: Average scores of incoming
freshmen and transfer students on the American college test (ACT)
or scholastic aptitude test (SAT); percentage of incoming freshmen
enrolled in developmental classes; student performance as measured
by grade point average and/or appropriate testing measures; the
graduation or completion rate as may be defined by federal law or
regulation for the student body as a whole and separately for
students at the institution who received athletically-related
student aid categorized by sex and athletic program; the rate at
which individuals who complete or graduate from the program of an
institution pass applicable licensure or certification examinations
required for employment in a particular vocation, trade or
professional field; student mobility (transfers in, transfers out
and withdrawals); number and percentage of student body receiving
tuition fee waivers; and number, percentage and dollar value of
tuition fee waivers categorized by whether the waiver is for
athletic participation or is an academic waiver and by whether the
recipient is a resident or nonresident of this state.
(2) For professional schools, defined for the purposes of this section as academic programs leading to professions in which
licensing is normally required and for which an undergraduate
degree is a general prerequisite, the institution shall report the
following as available and applicable: Average scores of beginning
students and transfer students on standardized entrance
examinations; number and percentage of student body receiving
tuition fee waivers; number, percentage and dollar value of tuition
fee waivers categorized by whether the recipient is a resident or
nonresident of this state; the number of degrees granted; the
graduation or completion rate as may be defined by federal law or
regulation for the student body as a whole; the rate at which
individuals who complete or graduate from the program of an
institution pass applicable licensure or certification examinations
required for employment in the particular professional field; the
total number of students in each program, including the percentage
of those students who are state residents, the percentage of
students who are nonresidents of the state, the percentage of
students who are women and the percentage of students who are
minorities as the term is defined by federal law; and the ratio of
expenditures per pupil directly attributable to students enrolled
in the professional school as compared to expenditures per pupil
calculated as to students enrolled in the institution as a whole.
(3) For graduate schools, defined for the purposes of this
section as academic programs leading to advanced degrees (masters
or doctorates of philosophy in fields for which bachelor's degree
programs are available) and for which an undergraduate degree is a
general prerequisite, the institution shall report the following as
available and applicable: Average scores of beginning students and
transfer students on standardized entrance examinations; number and
percentage of student body receiving tuition fee waivers; number,
percentage and dollar value of tuition fee waivers categorized by
whether the recipient is a resident or nonresident of this state;
the number of degrees granted; the graduation or completion rate as
may be defined by federal law or regulation for the student body as
a whole; the rate at which individuals who complete or graduate
from the program of an institution pass applicable licensure or
certification examinations required for employment; and the total
number of students in each program, including the percentage of
those students who are state residents, the percentage of students
who are nonresidents of the state, the percentage of students who
are women and the percentage of students who are minorities as the
term is defined by federal law.
(4) In addition to any and all information required by
subdivision (2) of this subsection, each health sciences school shall assist the vice chancellor for health sciences in providing
information for the institutional and statewide report cards, which
shall include reports on the following:
(A) Information on graduates, including, but not limited to,
placement of interns and residents, retention rates in the state,
retention rates in underserved areas as determined by the division
of health, the percentage practicing in primary care in this state
to be defined as family medicine, internal medicine, pediatrics and
obstetrics/gynecology, and other information pertinent to health
sciences education as it relates to health care delivery in this
state such as recruitment programs to attract health care providers
to West Virginia; reasons obtained from graduate surveys as to why
health care graduates are leaving West Virginia; programs developed
to direct graduates into primary care practices and specialty
shortage areas in this state; and ways in which the health sciences
schools intend to assist in meeting the projected health care needs
of this state, including specialty and subspecialty health care
professional needs and where those needs are expected to arise, as
those needs are defined by the division of health or such other
state agency as the division of health may consider appropriate;
(B) Contractual and financial arrangements between the health
sciences schools and such nonprofit and for-profit entities receiving moneys from the health sciences schools that the board of
trustees determines have a significant impact on the provision of
health sciences education in this state. The report shall state
the entity, the amount of funds paid to the entity and what the
payment is for;
(C) The roles and missions of the health sciences schools and
evaluation of each school's performance in accordance with outcome
measures developed to evaluate the attainment of the roles,
missions and programs developed for each school;
(D) The annual audit of the expenditures of each health
sciences school and any audit received by the board from the
nonprofit and for-profit entities determined by the board of
trustees to have a significant affiliation to any health sciences
school;
(E) Findings regarding management and operation of the health
sciences schools, the findings to be based on the annual audits and
to include proposals for and barriers to improving efficiency and
generating cost savings in health sciences education;
(F) The quality of health sciences education, including, but
not limited to, a review of any accrediting agency's report on
health sciences education at any state-funded health sciences
school;
(G) The clinical health care services and programs offered or
delivered by the health sciences schools, including, but not
limited to, programs which use existing state facilities for the
purposes of clinical rotations;
(H) Matters relating to the funding and budgeting of health
sciences education in this state, including, but not limited to,
ways in which the budget effectuates the roles and missions of the
health sciences schools;
(I) The financing of health sciences education subsequent to
an annual, comprehensive review thereof. The report shall include
anticipated capital costs, projected operating expenses and future
growth and recommendations on the allocation of any state or other
tax dedicated to the funding of health sciences education; and
(J) Such other administrative, budgetary, financial,
educational and other concerns as the board of trustees may
consider necessary or helpful in providing information about the
health sciences schools pursuant to this subsection.
(5) For all public institutions of higher education in the
state, the following indicators of institutional performance in
comparison with the aggregate of all other institutions in the
state, region and nation as applicable and to the extent comparison
data are available: Student-faculty ratio by school; student-administrator ratio; faculty turnover by school;
educational and general expenditure per full-time equivalent (FTE)
student; expenditure by fund in graphic display; the academic rank
and years of experience of the faculty and administrators at the
institution; percentage minorities comprise of faculty and major
administrative staff; percentage women comprise of faculty and
major administrative staff; percentage of classes taught by adjunct
or part-time faculty; statistics concerning the occurrence on
campus during the most recent school year and during the preceding
school years for which data are available of criminal offenses
reported to campus security authorities or local police; and
statistics concerning the number of arrests for crimes occurring on
campus during the most recent school year and during the preceding
school years for which data are available.
The statewide report card shall include the data for each
institution for each separately listed applicable indicator and the
aggregate of the data for all institutions under the jurisdiction
of the board of trustees of the university of West Virginia and for
all institutions under the jurisdiction of the board of directors
of the state college system for each indicator.
The statewide report cards shall be prepared using actual
institutional, state, regional and national data as applicable and available indicating the present performance of the individual
institutions and the state systems of higher education and shall
also include goals and trends for the institutions and the higher
education systems. Each governing board as part of its assessment
of the individual institutions under its jurisdiction shall include
the number and gross dollar amount of grants received for academic
research for each institution and a succinct review of research
projects including a brief description of each project and the
numbers of faculty, graduate and undergraduate students involved in
each project. In assessing progress toward meeting goals and in
developing trend information, the governing boards shall review
report card data in relation to previously adopted board goals,
five-year plans, regional and national higher education trends and
the resource allocation model.
(d) The higher education central office staff under the
direction of the senior administrator shall provide technical
assistance to each institution and governing board in data
collection and reporting and is responsible for assembling the
statewide report card from information submitted by each governing
board.
Each governing board shall prepare report card information in
accordance with the guidelines set forth in this section and rules promulgated under this section. The statewide report card shall be
presented at a regular board meeting of the appropriate governing
board subject to applicable notice requirements.
The statewide report cards shall be completed and disseminated
with copies to the legislative oversight commission on education
accountability prior to the first day of January, one thousand nine
hundred ninety-seven, and each year thereafter. Statewide report
cards shall be based upon information for the current school year
or for the most recent school year for which the information is
available, in which case such year shall be clearly footnoted.
The governing boards shall make copies of both the
institutional and statewide report cards available to any
individual requesting them.
§18B-1-8b. Coordinate affiliation between Marshall university and
West Virginia graduate college.
There is hereby established a coordinate affiliation between
Marshall university and the West Virginia graduate college to
insure a jointly planned and operated program of graduate education
in the Charleston-Huntington region of West Virginia. The two
institutions, while maintaining their individual identities,
missions, faculty, curricula and budgets, shall share facilities as
appropriate, develop integrated information technology systems, operate joint programs where efficient and practicable, develop
joint electronic administrative and library systems, and engage in
joint appointment of faculty and administrators as feasible and
where cost effective.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
§18B-2-9. West Virginia University institute of technology.
(a) Notwithstanding any other provisions of this code to the
contrary, the authority to establish, maintain and operate West
Virginia institute of technology is hereby transferred to the board
of trustees effective the first day of July, one thousand nine
hundred ninety-six. West Virginia institute of technology shall
henceforth be known as West Virginia university institute of
technology and shall be operated as a regional campus of West
Virginia university under the same procedures, policies, rules and
practices utilized by West Virginia university and the board of
trustees in operating West Virginia university at Parkersburg and
Potomac state college of West Virginia university.
(b) Notwithstanding any other provisions of this code to the
contrary and notwithstanding the resource allocation policy of the
board of trustees, in allocating funds to the institutions under
its jurisdiction, the board of trustees, through the first day of
July, two thousand one, shall ensure that each institution receives no less than the amount of funds that each institution would have
received if West Virginia institute of technology had not been
transferred to the jurisdiction of the trustees.
(c) Title to all property previously transferred to or vested
in the board of directors for the exclusive use or benefit of West
Virginia institute of technology is hereby transferred to the board
of trustees. Each valid agreement, obligation or claim entered
into or incurred by the board of directors on behalf of West
Virginia institute of technology is hereby transferred to the board
of trustees.
(d) Revenues of West Virginia institute of technology
previously pledged to pay off the indebtedness of revenue bonds
issued by the board of directors shall continue to be paid to the
board of directors until the existing debt is fully paid. An
annual payment of three hundred seventy-three thousand eighty-nine
dollars for each of the years remaining on the present system bond
issue of the board of directors shall constitute the debt of West
Virginia university institute of technology to the board of
directors under this subsection. If the board of directors
approves, the board of trustees or West Virginia university
institute of technology may discharge this indebtedness through
alternative payment plans or methods, including prepayment discounted appropriately.
(e) To compensate the other state college institutions for
the amount that would have been reallocated under the resource
allocation policy of the board of directors if West Virginia
institute of technology had remained under the jurisdiction of the
board of directors, West Virginia university institute of
technology shall transfer two hundred eighty-four thousand five-
hundred twenty-five dollars to the board of directors for each of
the fiscal years one thousand nine hundred ninety-six--ninety-
seven, one thousand nine hundred ninety-seven--ninety-eight, and
one thousand nine hundred ninety-eight--ninety-nine.
(f) West Virginia university institute of technology shall
retain the same or a lower type of southern regional education
board classification as an institution until at least the first day
of July, two thousand.
(g) Until at least the first day of July, one thousand nine
hundred ninety-seven, West Virginia university institute of
technology shall retain the same promotion and tenure process in
place prior to the transfer effectuated by this section.
(h) For the purposes of meeting the requirements of section
one, article seven of this chapter, West Virginia university
institute of technology, West Virginia university at Parkersburg, and Potomac state college of West Virginia university shall be
considered separate institutions of higher education.
(i) Any new moneys appropriated to or received by West
Virginia university institute of technology shall be allocated to
West Virginia university institute of technology under the policies
of the board of trustees.
It is the intent of the Legislature in implementing the merger
of West Virginia university and West Virginia institute of
technology that new graduate programs offered by West Virginia
university at the West Virginia university institute of technology
will not duplicate existing graduate programs currently offered by
Marshall university and the West Virginia graduate college. Before
any graduate programs are offered by West Virginia university at
the West Virginia university institute of technology, they must be
approved by the board of trustees.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-1. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The board of directors of the state college system shall
consist of sixteen persons, of whom one shall be the chancellor of
the university of West Virginia board of trustees, ex officio, who shall not be entitled to vote; one shall be the state
superintendent of schools, ex officio, who shall not be entitled to
vote; one shall be the chair of the joint commission for
vocational-technical-occupational education, ex officio, who shall
not be entitled to vote; one shall be the chairman of the advisory
council of students, ex officio, who shall be entitled to vote; one
shall be the chairman of the advisory council of faculty, ex
officio, who shall be entitled to vote; and one shall be the
chairman of the advisory council of classified employees, ex
officio, who shall be entitled to vote. The other ten directors
shall be citizens of the state, appointed by the governor, by and
with the advice and consent of the Senate. On or after the tenth
day of March, one thousand nine hundred ninety-six, the board shall
be reconstituted and all terms of members appointed by the governor
prior to the tenth day of March, one thousand nine hundred ninety-
six, shall expire upon the appointment by the governor of all the
directors required to be appointed by this section. The governor
shall make appointments required by this section no later than the
fifteenth day of March, one thousand nine hundred ninety-six.
Each of the directors appointed to the board by the governor
shall represent the public interest and shall be especially
qualified in the field of higher education by virtue of the person's knowledge, learning, experience or interest in the field.
The relative enrollments of baccalaureate and community and
technical students in the state college system shall be considered
by the governor when making such appointments and the governor
shall use his or her best efforts to achieve a balance among the
members who reflect the various interests, goals and concerns
reflected by the relative enrollments.
Except for the ex officio directors, no person shall be
eligible for appointment to membership on the board of directors
who is an officer, employee or member of an advisory board of any
state college or university, 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 an appointee or employee of the board of
trustees or board of directors: Provided, That if there are no
ethical restrictions under state or federal law, a federal employee
may serve as a member of the board of directors. Of the ten
directors appointed by the governor from the public at large, not
more than five thereof shall belong to the same political party and
at least three directors of the board shall be appointed from each
congressional district.
Except as provided in this section, no other person may be appointed to the board.
(b) The governor shall appoint ten directors as soon after the
tenth day of March, one thousand nine hundred ninety-six, as is
practicable, and the original terms of all directors shall commence
on that date. The terms of the directors appointed by the governor
shall be for overlapping terms of six years, except, of the
original appointments, three shall be appointed to terms of two
years, three shall be appointed to terms of four years and four
shall be appointed to terms of six years. Each subsequent
appointment which is not for the purpose of filling a vacancy in an
unexpired term shall be appointed to a term of six years.
The governor shall appoint a director to fill any vacancy
among the ten directors appointed by the governor, by and with the
advice and consent of the Senate, which director appointed to fill
such vacancy shall serve for the unexpired term of the vacating
director. The governor shall fill the vacancy within sixty days of
the occurrence of the vacancy.
All directors appointed by the governor shall be eligible for
reappointment: Provided, That a person who serves as a director or
trustee during all or any part of two consecutive terms beginning
after the first day of March, one thousand nine hundred ninety-six,
shall be ineligible to serve as a director for a period of three years immediately following the second of the two consecutive
terms.
The chairman of the advisory council of students, ex officio;
the chairman of the advisory council of faculty, ex officio; and
the chairman of the advisory council of classified employees, ex
officio, shall serve the terms for which they were elected by their
respective advisory councils. These members shall be eligible to
succeed themselves.
(c) Before exercising any authority or performing any duties
as a director, each director 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.
(d) No director appointed by the governor shall 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 by the governor of the
state elective officers.
§18B-3-2. Meetings and compensation.
(a) The board of directors shall hold at least ten meetings in
every fiscal year, including an annual meeting each June: Provided,
That a meeting for the purpose of selecting the first chairman shall be held during March, one thousand nine hundred ninety-six.
Except for the annual meeting, which may be held at a location
anywhere in the state, the meetings shall be held on different
campuses of institutions in the state college system on a rotating
basis or at the central office. The directors may set aside time
at these meetings held at the campuses to afford administrators,
faculty, students and classified staff at these institutions an
opportunity to discuss issues affecting these groups. The
directors shall hold at least one meeting each year with the
advisory council of faculty, the advisory council of students and
the advisory council of classified employees, each of these bodies
to be met with separately. Except as otherwise provided in this
section, meetings shall be held on such dates and at such places as
the directors may prescribe. In addition to the statutorily
required meetings, the directors may meet at such other times as
may be necessary, such meetings to be held upon its own resolution
or at the written request of at least five appointed directors.
Of the thirteen voting members of the board of directors,
seven shall constitute a quorum, and a majority vote of the quorum
shall be necessary to pass upon matters before the directors.
(b) The directors shall be reimbursed for actual and necessary
expenses incident to the performance of such duties, upon presentation of an itemized sworn statement thereof. The foregoing
reimbursement for actual and necessary expenses shall be paid from
appropriations made by the Legislature to the directors.
18B-3-3a. Community and technical college education;
establishment; state level governance; formation of districts;
college level administration and governance; programs;
district consortia; implementation process; and implementation
team.
(a) General. -- The purpose of this section is to establish
community and technical college education that is well articulated
with the public schools and four-year colleges; that makes maximum
use of shared facilities, faculty, staff, equipment and other
resources; that encourages traditional and nontraditional students
and adult learners to pursue a life-time of learning; that serves
as an instrument of economic development; and that has the
independence and flexibility to respond quickly to changing needs.
The respective governing boards shall provide for community and
technical college education at state institutions of higher
education under their jurisdiction to have the administrative,
programmatic and budgetary control necessary to allow maximum
flexibility and responsiveness to district and community needs
consistent with the goal of sharing facilities, faculty, staff, equipment and other resources within and among the districts, the
other systems of public and higher education and other education
and training programs.
(b) State level governance. -- The board of directors and the
board of trustees shall jointly employ a vice chancellor for
community and technical college education. The vice chancellor for
community and technical college education shall report directly to
and provide assistance to the board of directors and the board of
trustees on matters related to community and technical college
education and shall serve at their will and pleasure. The vice
chancellor for community and technical college education shall
advise, assist and consult regularly with the administrative heads,
institutional boards of advisors, and district consortia committees
of each state institution of higher education involved in community
and technical college education.
In appointing members to the institutional boards of advisors
within the state college system pursuant to section one, article
six of this chapter, the board of directors shall consider the
relative distribution of baccalaureate and community and technical
college enrollments of the respective institutions and shall make
up to three of such appointments from the membership of district
consortia committee on the basis of such proportional enrollments. All appointments shall be reflective of the economic, industrial,
educational, community and employment characteristics of the
institution's region and be geographically dispersed to the extent
practical.
(c) Formation of community and technical college districts. --
The eleven community and technical college districts shall be
comprised of contiguous areas of the state which have similar
economic, industrial, educational, community and employment
characteristics to facilitate specialization in mission and
programming. For the purposes of initial implementation and
organization, the districts shall be comprised as follows:
(1) Ohio, Brooke, Hancock, Marshall, Tyler and Wetzel
counties;
(2) Wood, Jackson, Pleasants, Ritchie, Roane, Tyler and Wirt
counties;
(3) Kanawha, Putnam and Clay counties;
(4) Cabell, Mason, Putnam and Wayne counties;
(5) Fayette, Clay, Kanawha, Raleigh and Nicholas counties;
(6) Logan, Boone, Lincoln, McDowell, Mingo, Raleigh and
Wyoming counties;
(7) Mercer, Greenbrier, McDowell, Monroe, Pocahontas, Raleigh
and Summers counties;
(8) Gilmer, Barbour, Braxton, Calhoun, Clay, Lewis, Nicholas,
Upshur and Webster counties;
(9) Marion, Doddridge, Harrison, Monongalia, Preston,
Randolph, Taylor, Barbour and Tucker counties;
(10) Jefferson, Berkeley, Grant, Hardy and Morgan counties;
and
(11) Mineral, Grant, Hampshire, Hardy and Pendleton counties.
It is the intent of the Legislature that counties which are
listed in more than one district shall be served by the associated
community and technical colleges as a cooperative service area, or
shall be divided as the board of directors determines. The
boundaries of the eleven districts may be modified from time to
time by the board of directors upon request of the affected
community and technical colleges to better serve the needs within
the districts. Such modifications are not required to follow
county boundaries.
Subject to any restrictions imposed by the board of directors,
the district boundaries shall not be employed to restrict other
state institutions of higher education from offering programs of
strength to meet underserved needs, consistent with the objective
of not duplicating efforts as determined by the governing boards:
Provided, That nothing herein shall be construed to prevent state institutions of higher education from offering courses at off-
campus centers or locations now operating or established in the
future which are not duplicative. Distance learning technology,
resource networking and other cooperative and collaborative efforts
shall be used to the maximum extent prudent and practical to avoid
unnecessary duplication of program development and delivery.
The main campus of the community and technical college shall
be identified under the name of the community and technical college
for the district and the district shall be known as the "community
and technical college district". In addition, the name of all
branches, centers and programs shall reflect the name of the
district.
(d) Allocation of resources and budgets. -- All funds for
community and technical college education shall be proposed by the
governing boards for their respective institutions and appropriated
by the Legislature in an institutional control account under the
jurisdiction of the board of directors for those institutions
governed by the board of directors for their respective
institutions and a separate institutional control account under the
jurisdiction of the board of trustees for those institutions
governed by the board of trustees. The board of directors and the
board of trustees shall establish by joint legislative rule a formula for the allocation of such funds to control accounts of
individual university system and state college system community and
technical colleges, which rule shall include uniform guidelines for
the allocation and reporting of student enrollments, costs,
reimbursements and revenues for community and technical colleges
located on the campus of another state institution of higher
education.
(e) College level administration and governance. -- The
administrative head of a state college system community and
technical college shall be the president, in the case of the
freestanding community and technical colleges, and the provost of
the community and technical college in the case of all other state
college system community and technical colleges. Such provost
shall be employed by the president of the state institution of
higher education upon which the main campus of the community and
technical college is located and the provost shall serve at the
will and pleasure of the president. The administrative head shall
be responsible for coordination and other administrative
arrangements with the host institution and other duties assigned
pursuant to this section. Nothing in this section shall prohibit
a current employee in community and technical education from being
employed as a provost. The administrative and business offices and functions of community and technical colleges, except freestanding,
shall be consolidated with those of the host institution to the
extent practical. To enhance program flexibility and mobility, to
enhance program coordination and delivery in the public schools and
to take advantage of the expertise and experience of persons in
business and industry, community and technical colleges shall make
extensive use of combined courses with four-year colleges and
universities, employ by contract or other arrangements college and
university faculty to teach community and technical college
courses, employ qualified public school teachers as adjunct
professors and employ qualified business, industry and labor
persons as adjunct professors in technical areas.
(f) Community and technical college programs. -- The mission
of each community and technical college shall include the following
programs which may be offered on or off campus, at the work site,
in the public schools and at other locations at times that are
convenient for the intended population:
(1) 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;
(2) Transfer education associate of arts and associate of
science degree programs for students whose educational goal is to
transfer into a baccalaureate degree program;
(3) 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;
(4) Work force training and retraining contract education with
business and industry to train or retrain employees;
(5) Continuing development assistance and education credit and
noncredit courses for professional and self-development,
certification and licensure and literacy training; and
(6) 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.
All administrative, programmatic and budgetary control over
community and technical education within the district shall be
vested in the administrative head and the institutional board of
advisors of state college system community and technical colleges,
subject to rules adopted by the board of directors. The
administrative head and institutional board of advisors shall be responsible for the regular review, revision, elimination and
establishment of programs within the district to assure that the
needs of the district for community and technical college programs
are met. It is the intent of the Legislature that the program
review and approval process for community and technical education
be separate and distinct from baccalaureate education. The
administrative head and institutional board of advisors shall seek
assistance from and utilize a district consortia committee in
fulfilling this responsibility.
(g) District consortia committee. -- The administrative head
of each university system and state college system community and
technical college shall form a district consortia committee which
shall include representatives distributed geographically to the
extent practical of the major community college branches,
vocational-technical centers, comprehensive high schools, four-year
colleges and universities, community service or cultural
organizations, economic development organizations, business,
industry, labor, elected public officials and employment and
training programs and offices within the district. The consortia
committee shall be chaired by the administrative head or his or her
designee and shall advise and assist the administrative head with
the following:
(1) Completing a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short and long-term work force development needs of the
district;
(2) Coordinating efforts with regional labor market
information systems that identify the ongoing needs of business and
industry, both current and projected, and provide information to
assist in an informed program of planning and decisionmaking;
(3) Planning and development of a unified effort to meet the
documented work force development needs of the district through
individual and cooperative programs, shared facilities, faculty,
staff, equipment and other resources and the development and use of
distance learning and other educational technologies;
(4) Increasing the integration of secondary and post-secondary
curriculum and programs that are targeted to meet regional labor
market needs, including the planning and implementation of a
comprehensive school-to-work transition system that helps students
focus on career objectives, builds upon current programs such as
high schools that work, tech prep associate degree programs,
registered apprenticeships and rural entrepreneurship through
action learning and addresses the needs of at-risk students and
school dropouts;
(5) Planning and implementation of integrated professional
development activities for secondary and post-secondary faculty,
staff and administrators and other consortia partners throughout
the district;
(6) Ensuring that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing student
credentialing;
(7) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating coursework in which they already possess competency;
(8) Establishing one-stop-shop career centers with integrated
employment and training and labor market information systems that
enable job seekers to assess their skills, identify and secure
needed education training and secure employment and employers to
locate available workers;
(9) Increasing the integration of adult literacy, adult basic
education, federal job opportunities and basic skills, and
community and technical college programs and services to expedite
the transition of adults from welfare to gainful employment; and
(10) Establish a single point of contact for employers and potential employers to access education and training programs
throughout the district.
(h) Implementation process. -- The implementation of community
and technical college education as set forth in this article shall
be accomplished over a three-year period. Major program elements
shall be accomplished within the following time frames:
(1) One thousand nine hundred ninety-five--ninety-six:
(i) Form necessary governance structures and make necessary
appointments;
(ii) Form consortia committees and complete a survey of the
educational and training needs of the community college district;
(iii) Establish the information necessary to separately budget
the community and technical college education for fiscal year one
thousand nine hundred ninety-six--ninety-seven, including the rules
required pursuant to subsection (d) of this section;
(iv) Establish an ongoing method of providing funding for
appropriate staff from the public schools and the community and
technical colleges for personnel and other costs related to shared
facility projects, including recommendations for any necessary
legislative enactments; and
(v) Make recommendations to the governor and Legislature as
may be necessary.
(2) One thousand nine hundred ninety-six--ninety-seven:
(i) Begin separate budgeting; and
(ii) Begin full operations of the community and technical
colleges as provided in this article.
(3) One thousand nine hundred ninety-seven--ninety-eight:
(i) Review and evaluation.
(i) Implementation team. -- There is hereby established an
implementation team to monitor and oversee implementation of the
community and technical college education in accordance with the
provisions of this article. The implementation team shall report
to the governor and the legislative oversight commission on
education accountability no later than the first day of December,
in the years one thousand nine hundred ninety-five, one thousand
nine hundred ninety-six and one thousand nine hundred ninety-seven,
on the status of such implementation and any further needs for
legislative enactment. The implementation oversight team shall be
composed of the secretary of education and the arts, one
representative of public education, one representative of community
and technical colleges, one representative of four-year colleges,
one representative of the private sector, one representative of
employment and training programs, one representative of vocational-
technical-occupational education, four members of the Senate and four members of the House of Delegates, all appointed by the
governor. The secretary of education and the arts shall be
responsible for staffing the implementation oversight team
utilizing existing personnel, equipment and offices of the affected
agencies.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Officers of governing boards; employment of chancellors
and senior administrator; offices.
(a) At its annual meeting in June of each year, each governing
board shall elect from its members appointed by the governor a
president and such other officers as it may consider necessary or
desirable: Provided, That the initial annual meeting shall be held
during July, one thousand nine hundred eighty-nine. The president
and such other officers shall be elected for a one-year term
commencing on the first day of July following the annual meeting
and ending on the thirtieth day of June of the following year. The
president of the board shall serve no more than two consecutive
terms.
(b) Each governing board shall employ a chancellor who shall
serve at the will and pleasure of the employing board and shall
assist the governing board in the performance of its duties and
responsibilities. No chancellor may hold or retain any other administrative position within the system of higher education while
employed as chancellor. Each chancellor is responsible for
carrying out the directives of the governing board by which he or
she is employed and shall work with the board in developing policy
options. For the purpose of developing or evaluating policy
options, the chancellors may request the assistance of the
presidents and other administrative heads of the institutions under
their jurisdiction and their staffs. The respective chancellors
shall jointly agree to and shall hire one senior administrator who
shall serve at their will and pleasure in accordance with section
two of this article.
(c) The vice chancellor for health sciences shall coordinate
the West Virginia university school of medicine, the Marshall
university school of medicine and the West Virginia school of
osteopathic medicine.
(d) Suitable offices for the senior administrator and other
staff shall be provided in Charleston.
(e) The governing boards shall jointly employ a vice
chancellor for instructional technology to establish a plan and
funding recommendations for development and implementation of a
multifaceted instructional technology strategy that includes, but
is not limited to, a goal that every full-time freshman student beginning in the fall semester, one thousand nine hundred ninety-
six, and thereafter, and as many other students and faculty as
possible will own or lease a computer, and alternatively that
computers be available for part-time students through on-site labs;
the integration of computer usage into all course work; the
involvement of faculty in the development and use of technology-
based instruction and instructional courseware for community and
technical colleges, colleges and universities; and the expansion of
distance learning and technology networks throughout the higher
education systems 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. The
vice chancellor shall submit the plan to the Legislature on or
before the first day of January, one thousand nine hundred ninety-
six.
The vice chancellor for instructional technology shall
supervise the administration, oversight, coordination and
implementation of the plan, or portions of the plan, subject to the
availability of funds and the direction of the governing boards. In
addition, the vice chancellor shall review all technology related matters within the department of education and the arts and suggest
appropriate integration and compatibility of the technology systems
within the department and the institutions governed by the board.
(f) The governing boards shall jointly employ a vice
chancellor for community and technical education pursuant to the
provisions of section three-a, article three of this chapter.
ARTICLE 6. ADVISORY COUNCILS OF FACULTY.
§18B-6-2. Advisory councils of faculty.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an advisory
council of faculty.
During the month of April of each even-numbered year, each
president or other administrative head of a state institution of
higher education, including Potomac state college of West Virginia
university, West Virginia university at Parkersburg, and West
Virginia university institute of technology, at the direction of
the councils and in accordance with procedures established by the
councils, shall convene a meeting or otherwise institute a
balloting process to elect one faculty to serve on the appropriate
governing board's advisory council of faculty, which shall consist
of one faculty, so elected, from each such institution under the
appropriate governing board. Terms of the members of each council shall be for two years and shall begin on the first day of July of
each even-numbered year and members of each advisory council shall
be eligible to succeed themselves.
The advisory councils of faculty shall meet at least once each
quarter. One of the quarterly meetings shall be during the month
of July, at which meeting each council shall elect a chairman, who
shall be by virtue of the office a voting member of the appropriate
governing board: Provided, That the chair shall serve no more than
two consecutive terms. No member may vote by proxy at such
election. In the event of a tie in the last vote taken for such
election, a member authorized by the council shall select the
chairman by lot from the names of those persons tied. Immediately
following the election of a chairman, each council shall elect, in
the manner prescribed by this section for the election of a
chairman, a member of that council to preside over meetings of the
council in the chairman's absence. Should the chairman vacate the
position, the council shall meet and elect a new chairman to fill
the unexpired term within thirty days following such vacancy. In
electing the chairman of the advisory council for the board of
trustees, West Virginia university and its regional campuses shall
have a total of two votes, which shall be cast for one individual,
and the elected representatives from Marshall university, the West Virginia graduate college, and West Virginia school of osteopathic
medicine shall have one vote per school.
Each advisory council of faculty, through its chairman and in
any other appropriate manner, shall consult and advise its
governing board in matters of higher education in which the faculty
members may have an interest.
Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of their official
duties from funds allocated to the state institution of higher
education served.
Each governing board shall furnish secretarial services to its
advisory council of faculty, and each advisory council shall cause
to be prepared minutes of its meetings, which minutes shall be
available, upon request, to any faculty member of a state
institution of higher education represented on the council. Such
minutes shall be forwarded to the advisory council of faculty
serving the other governing board.
§18B-6-3. Advisory councils of students.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an advisory
council of students.
The student government organization at each state institution
of higher education shall elect a student, who may be the elected
head or president of such organization, to serve on the appropriate
governing board's advisory council of students, which are hereby
created, consisting of the elected representatives of each
institution under the appropriate governing board: Provided, That
the student government organization at each institution in the
university system, including Potomac state college of West Virginia
university, West Virginia university at Parkersburg, and West
Virginia university institute of technology, shall elect one
student per three thousand students enrolled at each institution
with a minimum of one representative from each institution. The
student government of each institution shall determine how its
representatives shall be elected. Terms of the members of such
council shall be for one year and shall begin on the first day of
May of each year, and members of the advisory councils shall be
eligible to succeed themselves.
Each institution shall have only one vote in all matters. The
advisory councils of students shall meet at least once each
quarter, and shall meet during each month of June, at which meeting
each council shall elect a chairman, who prior to such elections
must be entitled to vote in the state of West Virginia. By virtue of the office, the chairman shall be a voting member of the
appropriate governing board. No member may vote by proxy at such
election. In the event of a tie in the last vote taken for such
election, a member authorized by the council shall select the
chairman by lot from the names of those persons tied. Immediately
following the election of a chairman, each council shall elect, in
the manner prescribed by this section for the election of a
chairman, a member of that council to preside over meetings of the
council in the chairman's absence. Should the chairman vacate the
position, the council shall meet and elect a new chairman to fill
the unexpired term within thirty days following such vacancy. In
electing the chairman of the advisory council for the board of
trustees, West Virginia university and its regional campuses shall
have a total of two votes, which shall be cast for one individual,
and the elected representatives from Marshall university, the West
Virginia graduate college, and West Virginia school of osteopathic
medicine shall have one vote per school.
Each advisory council of students, through its chairman and in
any other appropriate manner, shall consult and advise its
governing board in matters of higher education in which the
students may have an interest.
Members of each advisory council shall serve without compensation, but shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of their official
duties from funds allocated to the state institution of higher
education served.
Each governing board shall furnish secretarial services to its
advisory council of students, and each advisory council shall cause
to be prepared minutes of its meetings, which minutes shall be
available, upon request, to any student of a state institution of
higher education represented on the council. Such minutes shall be
forwarded to the advisory council of students serving the other
governing board.
§18B-6-4. Advisory councils of classified employees.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an advisory
council of classified employees.
During the month of April of each even-numbered year, each
president or other administrative head of a state institution of
higher education, including Potomac state college of West Virginia
university, West Virginia university at Parkersburg and West
Virginia university institute of technology, at the direction of
the councils and in accordance with procedures established by the
councils, shall convene a meeting or otherwise institute a balloting process to elect one classified employee to serve on the
appropriate governing board's advisory council of classified
employees, which shall consist of one classified employee, so
elected, from each such institution under the appropriate governing
board. Terms of the members of such councils shall be for two
years and shall begin on the first day of July of each
even-numbered year, and members of the advisory councils shall be
eligible to succeed themselves. For the purpose of this section
the term "institution of higher education" includes the facilities
and staff supervised by the senior administrator employed by the
governing boards, who shall be deemed a part of the state college
system, and the West Virginia network for telecomputing, who shall
be deemed a part of the state university system.
Each advisory council of classified employees shall meet at
least once each quarter. One of the quarterly meetings shall be
during the month of July, at which meeting each council shall elect
a chairman, who shall be by virtue of the office a voting member of
the appropriate governing board: Provided, That the chair shall
serve no more than two consecutive terms: Provided, however, That
the board of directors' advisory council for classified employees'
chairman shall not be a member of the staff supervised by the
central administrative official. No member may vote by proxy at such election. In the event of a tie in the last vote taken for
such election, a member authorized by the council shall select the
chairman by lot from the names of those persons tied. Immediately
following the election of a chairman, each council shall elect, in
the manner prescribed by this section for the election of a
chairman, a member of the council to preside over meetings of the
council in the chairman's absence. Should the chairman vacate the
position, the council shall meet and elect a new chairman to fill
the unexpired term within thirty days following such vacancy. In
electing the chair of the advisory council for the board of
trustees, West Virginia university and its regional campuses shall
have a total of two votes, which shall be cast for one individual,
and the elected representatives from Marshall university, the West
Virginia graduate college, the West Virginia network for
telecomputing and West Virginia school of osteopathic medicine
shall have one vote per school.
Each advisory council of classified employees, through its
chairman and in any other appropriate manner, shall consult and
advise its governing board in matters of higher education in which
the classified employees may have an interest.
Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their official
duties from funds allocated to the state institution of higher
education served.
Each governing board shall furnish secretarial services to its
advisory council of classified employees, and each advisory council
shall cause to be prepared minutes of its meetings, which minutes
shall be available, upon request, to any classified employee of a
state institution of higher education represented on the council.
Such minutes shall be forwarded to the advisory council of
classified employees serving the other governing board.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-1. Definitions.
As used in this article:
(a) "Schedule" or "salary schedule" means the grid of minimum
salary figures listed in section two of this article;
(b) "Academic rank" means the position held by a faculty
member as determined by the president, consistent with policy
established by the governing board, and includes the positions of
professor, associate professor, assistant professor and instructor;
all other ranks are excluded from the provisions of this article;
(c) "Years of experience" means the actual number of years a
person has been a full-time faculty member at an institution of higher education within this state. Employment for nine months
shall equal one year of experience, but no faculty member may
accrue more than one year of experience during any given academic
year. Employment for less than full time, or less than nine months
during any fiscal year, shall be prorated. In accordance with
rules established by the governing boards, a faculty member may be
granted additional years of experience for actual years of work or
teaching experience at institutions other than institutions of
higher education within this state;
(d) "Doctoral institutions" means West Virginia university and
Marshall university at Huntington. Doctoral programs at Marshall
university shall be selective and nonduplicative of West Virginia
university unless an exception is recommended by both institutions
and approved by the board of trustees. "Master's II institutions"
means West Virginia school of osteopathic medicine and the West
Virginia graduate college; "baccalaureate and two-year
institutions" means Bluefield state college, Concord college,
Fairmont state college, Glenville state college, Shepherd college,
West Liberty state college, West Virginia university institute of
technology, West Virginia state college, West Virginia university
at Parkersburg, Southern West Virginia community college, West
Virginia northern community college and Potomac state college of West Virginia university and such other institutions as are
designated community colleges by the board of directors;
(e) "Salary" means the total nine-month or ten-month salary
paid from state funds to a full-time faculty member, or if other
than nine or ten months, adjusted to a nine-month base salary;
(f) "Full-time faculty" means any faculty member designated as
such by the president, consistent with approved policy of the
appropriate governing board, and those persons with faculty rank
who have research or administrative responsibilities;
(g) "Fiscal year" means twelve calendar months and begins on
the first day of July and ends on the thirtieth day of June; and
(h) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to
rectify salary inequities or accommodate competitive market
conditions, in accordance with policy established by the
appropriate governing board.