H. B. 2697
(By Delegates Williams, Ennis, Heck, Henderson,
Manuel, Osborne and Shelton)
[Introduced March 24, 1997; referred to the
Committee on Education then Finance.]
A BILL to amend article three, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six, relating to prohibiting discrimination against students
and graduates of West Virginia private institutions of
higher education; participation in job training programs;
burden of proof; definitions.
Be it enacted by the Legislature of West Virginia:
That article three, chapter eighteen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six,
to read as follows:
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-6. Discrimination against students and graduates of private institutions of higher learning prohibited.
(a) Discrimination against students and graduates of West
Virginia private institutions of higher education is hereby
prohibited. This section requires that:
(1) For purposes of qualifying an individual for employment,
promotion or training opportunities offered by or through the
state of West Virginia, and all of its agencies and political
subdivisions, the educational and training achievements attained
by such students and graduates, including academic credits,
credentials and degrees awarded shall be recognized and accepted
at least to the same extent as educational and training
achievements attained by students at public community colleges or
other educational institutions;
(2) Individuals who are eligible for job training assistance
or benefits, and who attend or desire to attend a West Virginia
private institution of higher education, are entitled to
participate in federal, state or joint federal and state job
training and assistance programs administered by the state of
West Virginia, or any other agency that administers or provides
federal, state or federal and state job training and assistance
programs on behalf of, or through the state, at least to the same
degree as a person with similar needs enrolled in a job training
program in any private or public West Virginia educational
institution or job training organization;
(3) Rules, procedures, policies, practices or other administrative actions that result in less favorable treatment
of, or negatively impact upon, students or graduates of West
Virginia private institutions of higher education, as compared to
students or graduates of other West Virginia educational or job
training institutions, are deemed discriminatory. If the
complaining party establishes a disparate or negative impact, the
burden of proof shifts to the opposing party to clearly justify
the absolute necessity for the rule, procedure, policy, practice
or administrative action at issue. Students, graduates and the
educational institutions covered by this section shall each have
the independent standing to enforce the rights granted by this
section. This section shall be broadly construed.
(b) A West Virginia private institution of higher education
is an educational institution that:
(1) Has provided educational programs in West Virginia for
at least fifty years;
(2) Has been accredited by an accrediting agency recognized
by the United States department of education under the Higher
Education Act of 1965, as amended, for a total of at least twenty
years;
(3) Has offered associate degree educational programs at a
campus in West Virginia for a total of at least fifteen years;
(4) Has been authorized to operate in West Virginia under
section five of this article for a total of at least fifteen years;
(5) Has been owned and operated by a private entity that has
not undergone a change of ownership resulting in a change of
majority control for at least five years, unless the new majority
ownership has previously held an ownership interest in a West
Virginia private institution of higher education for at least
five years;
(6) Additional campuses or locations owned and supervised by
an educational institution that meets the definition of a West
Virginia private institution of higher education are deemed to
qualify under the main campus for purposes of meeting such
definition, notwithstanding that the additional campuses or
locations may not meet all five of the above stated standards;
and
(7) An accredited West Virginia educational institution that
offers associate degree programs, and that has owned and
supervised one or more West Virginia campuses under permit issued
pursuant to section five of this article for at least fifteen
years prior to the first of July, one thousand nine hundred
ninety-seven, is deemed to meet the standards required by
subsection (b) of this section.
(c) A West Virginia educational institution that meets the
standards established by subsection (b) of this section shall be
designated as a "West Virginia Private Institution of Higher Education," and the annual permit issued by the board of
directors shall identify the institution utilizing only such
designation and referring only to this section of the code:
Provided, That, except as may be otherwise provided for in this
section, the institution shall continue operating under the
provisions of section five of this article, and such designation
shall not affect the legal rights and legal responsibilities
applicable to the institution under section five. The purpose of
this designation is to provide the institution, and its students
and graduates, with protection against direct or indirect
discrimination.
NOTE: The purpose of this bill is to prohibit discrimination
against students and graduates of West Virginia private
institutions of higher education in the recognition of academic
credits and degrees, and in the participation in job training and
employment opportunities.
This section is new; therefore, strike-throughs and
underscoring have been omitted.