COMMITTEE SUBSTITUTE

FOR

H. B. 2635


(By Delegates L. White, Beane, Facemyer,
Doyle and Mezzatesta)

(Originating in the Committee on Education)

[February 12, 1999]


A BILL to amend and reenact section eight, article one, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to governing boards of state institutions of higher education; board powers and duties; and providing that all course work credits taken at a state institution of higher education are transferable to other state institutions of higher education.

Be it enacted by the Legislature of West Virginia:
That section eight, article one, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GOVERNANCE.

§18B-1-8. Powers and duties of governing boards generally.
(a) Each governing board shall separately have separately has the power and duty to:
(1) Determine, control, supervise and manage the financial, business and educational policies and affairs of the state institutions of higher education under its jurisdiction;
(2) Prepare a master plan for the state institutions of higher education under its jurisdiction, setting forth the goals, missions, degree offerings, resource requirements, physical plant needs, state personnel needs, enrollment levels and other planning determinates and projections necessary in such a plan to assure that the needs of the state for a quality system of higher education are addressed: Provided, That the master plan for post-secondary vocational education is subject to approval by the joint commission for vocational-technical-occupational education. The plan shall also address the roles and missions of private post-secondary education providers in the state. Each board shall involve the executive and legislative branches of state government and the general public in the development of all segments of the plan for post-secondary education in the state. The plan shall be established for periods of not less than five nor more than ten years and shall be periodically revised as necessary, including the addition or deletion of degree programs as, in the discretion of the boards, may be necessary. Whenever a state institution of higher education desires to establish a new degree program, such the program proposal shall may not be implemented until the same it is filed with both governing boards. Upon objection thereto within sixty days by either governing board, such the program proposal shall be filed with the secretary of education and the arts, who shall approve or disapprove such the proposal within one year of the filing of said program proposal its filing;
(3) Prescribe and allocate among the state institutions of higher education under its jurisdiction, in accordance with its master plan, specific functions and responsibilities to meet the higher education needs of the state and to avoid unnecessary duplication;
(4) Consult with the executive branch and the Legislature in the establishment of establishing funding parameters, priorities and goals;
(5) Establish guidelines for and direct the preparation of budget requests for each of the state institutions of higher education under its jurisdiction, such requests to relate directly to missions, goals and projections in its state master plan;
(6) Consider, revise and submit to the appropriate agencies of the executive and legislative branches of state government separate budget requests on behalf of the state institutions of higher education under its jurisdiction or a single budget for the state institutions of higher education under its jurisdiction: Provided, That when a single budget is submitted, that budget shall be accompanied by a tentative schedule of proposed allocations of funds to the separate state institutions of higher education under its jurisdiction;
(7) Prepare and submit to the speaker of the House of Delegates and the president of the Senate, no later than the first day of each regular session of the Legislature and to any member of the Legislature upon request, an analysis of the budget request submitted under subdivision (6) of this subsection. The analysis shall summarize all amounts and sources of funds outside of the general revenue fund anticipated to be received by each state institution of higher education under its jurisdiction and the effect of such those funds on the budget request;
(8) Prepare and submit to the legislative auditor, no later than the first day of July of each year, the approved operating budgets of each state institution of higher education under its jurisdiction for the fiscal year beginning on that date and, no later than the first day of August, a summary of federal and other external funds received at each such institution during the previous fiscal year;
(9) Establish a system of information and data management that can be effectively utilized in the development and management of higher education policy, mission and goals;
(10) Review, at least every five years, all academic programs offered at the state institutions of higher education under its jurisdiction. The review shall address the viability, adequacy and necessity of the programs in relation to its master plan and the educational and work force needs of the state. As a part of such the review, each governing board shall require each of its institutions to conduct periodic studies of its graduates and their employers to determine placement patterns and the effectiveness of the educational experience. Where appropriate, these studies should make use of the studies required of many academic disciplines by their accrediting bodies. The governing boards shall also ensure that the sequence and availability of academic programs and courses is such that students have the maximum opportunity to complete programs in the time frame normally associated with program completion, that the needs of nontraditional college age students are appropriately addressed, and that core all course work completed at any state institution of higher education is transferable to another any other state institution of higher education for credit with the grade earned. Notwithstanding any other provision of this code to the contrary, after the effective date of this section the appropriate governing board shall have has the exclusive authority to approve the teacher education programs offered in the institutions under their control. In order to permit graduates of teacher education programs to receive a degree from a nationally accredited program and in order to prevent expensive duplication of program accreditation, the boards may select and utilize one nationally recognized teacher education program accreditation standard as the appropriate standard for program evaluation;
(11) Utilize faculty, students and classified staff in institutional level planning and decision making when those groups are affected;
(12) Administer a uniform system of personnel classification and compensation for all employees other than faculty and policy level administrators;
(13) Establish a uniform system for the hearing of employee grievances and appeals therefrom, so that aggrieved parties may be assured of timely and objective review;
(14) Solicit and utilize or expend voluntary support, including financial contributions and support services, for the state institutions of higher education;
(15) Appoint a president or other administrative head for each institution of higher education from candidates submitted by the search and screening committees of the institutional boards of advisors pursuant to section one, article six of this chapter;
(16) Conduct written performance evaluations of each institution's president in every fourth year of employment as president, recognizing unique characteristics of the institution and utilizing institutional personnel, institutional boards of advisors, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board;
(17) Submit to the joint committee on government and finance, no later than the first day of December of each year, an annual report of the performance of the system of higher education under its jurisdiction during the previous fiscal year as compared to stated goals in its master plan and budget appropriations for that fiscal year; and
(18) The governing boards shall have the power and authority to enter into contracts or consortium agreements with the public schools, private schools or private industry to provide technical, vocational, college preparatory, remedial and customized training courses at locations either on campuses of public institutions of higher education or at off-campus locations in such the institutions' regional educational service areas. To accomplish this goal, the boards are permitted to share resources among the various groups in the community. The governing boards shall promulgate uniform legislative rules providing for entering into said contracts and consortium agreements and for determining and granting credit for work experience for courses offered by the consortium.
(b) The power, herein given to each governing board to prescribe and allocate among the state institutions of higher education under its jurisdiction specific functions and responsibilities to meet the higher educational needs of the state and avoid unnecessary duplication, shall may not be restricted by any provision of law assigning specified functions and responsibilities to designated state institutions of higher education, and such power shall supersede that power supersedes any such provision of law: Provided, That each governing board may delegate, with prescribed standards and limitations, such any part of its power and control over the business affairs of a particular state institution of higher education to the president or other administrative head of such state institution of higher education the institution in any case where it deems such considers delegation necessary and prudent in order to enable such the institution to function in a proper and expeditious manner: Provided, however, That such delegation shall may not be interpreted to include classification of employees, lawful appeals made by students in accordance with the appropriate governing board's policy, lawful appeals made by faculty or staff or final review of new or established academic or other programs. Any such delegation of power and control may be rescinded by the appropriate governing board at any time, in whole or in part.
(c) The governing boards shall promulgate uniform legislative rules by the first day of September, one thousand nine hundred ninety-three setting forth standards for acceptance of advanced placement credit for their respective institutions. Individual departments at institutions of higher education may, upon approval of the institutional faculty senate, require higher scores on the advanced placement test than scores designated by the appropriate governing board when the credit is to be used toward meeting a requirement of the core curriculum for a major in that department.
(d) Each governing board and/or an individual appointed by the president of each institution shall consult, cooperate and work with the state treasurer and the state auditor to develop an efficient and cost-effective system for the financial management and expenditure of special revenue and appropriated state funds for higher education that ensures that properly submitted requests for payment be paid on or before due date, but in any event, within fifteen days of receipt in the state auditor's office. The system shall be established and implemented as soon as practical. and the governing boards shall report to the legislative oversight commission on education accountability prior to the first day of January, one thousand nine hundred ninety-four, regarding the efficacy of the system
(e) The governing boards in consultation with the secretary of the department of administration shall develop a plan. and report such plan to the legislative oversight commission on education accountability by the first day of December, one thousand nine hundred ninety-five. Such The plan shall establish a consistent method of conducting personnel transactions including, but not limited to, hiring, dismissal, promotions and transfers at all institutions under their jurisdiction. Each such personnel transaction shall be accompanied by the appropriate standardized system or forms which will be submitted to the respective governing boards, and the department of finance and administration. Such plan shall be developed with a contemplated target implementation date of the first day of July, one thousand nine hundred ninety-six.
(f) Notwithstanding any other provision of this code to the contrary, the governing boards and the secretary of education and the arts shall have the authority to transfer funds from any account specifically appropriated for their use to any corresponding line item in a general revenue account at any agency or institution under their jurisdiction as long as such the transferred funds are used for the purposes appropriated. The governing boards also shall have the authority to transfer funds from appropriated special revenue accounts for capital improvements under their jurisdiction to special revenue accounts at agencies or institutions under their jurisdiction as long as such the transferred funds are used for the purposes appropriated.
(g) Notwithstanding any other provision of this code to the contrary, the governing boards or senior administrator may acquire such legal services as are deemed any legal services necessary, including representation of the governing boards, their institutions, employees and officers before any court or administrative body. Such Counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the governing boards or senior administrator may, but are not required to, call upon the attorney general for legal assistance and representation as provided by law.