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.