SECOND ENROLLMENT
H. B. 3019
(By Delegates Mezzatesta, Williams, Stemple,
Manuel, Shelton, Ennis and Davis)
[Passed March 21, 1999; in effect from passage.]
AN ACT to amend article three, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto two new sections, designated
sections six and seven; and to further amend said chapter by
adding thereto a new article, designated article three-d,
all relating to the board of directors of the state college
system; authority, powers and duties of the board of
directors of the state college system; community and
technical college education; establishing the freestanding
eastern West Virginia community and technical college;
authority, powers and duties of freestanding community and
technical colleges; authority, powers and duties of the
board of directors relating to operation of eastern West
Virginia community and technical college; authority, powers and duties of eastern West Virginia community and technical
college; employing a president and appropriate faculty and
staff; advisory board; courses, programs, services, tuition
and fees; property and title; authorizing contracts for
services; reports required; requiring preparation and
submission of strategic plans; authorizing contractual
arrangements for administration and operation prior to
independent accreditation; community and technical college
district; defining freestanding community and technical
college; providing certain operational parameters for
freestanding community and technical colleges; filing a
request for approval of certificate and associate degree
programs; requiring the board of directors to adopt a model
of program approval; requiring legislative rules;
legislative findings and intent; requiring a study to be
authorized on certain higher education issues; and
components of the study.
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 two new sections, designated sections
six and seven; and that said chapter be further amended by adding
thereto a new article, designated article three-d, all to read as follows:
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-6.
Increasing flexibility for freestanding community and
technical colleges.
(a) For the purposes of this section, "freestanding
community and technical college" means eastern West Virginia
community and technical college, southern West Virginia community
and technical college, West Virginia northern community and
technical college and any other freestanding community and
technical college so designated by the Legislature.
(b) Notwithstanding any rules or procedures of the state
college system board of directors, the freestanding community and
technical colleges under the jurisdiction of the board of
directors have the authority and the duty to:
(1) Incorporate the most effective and efficient use of
technology in accessing and delivering courses and programs in
order to make the best use of available resources and to control
costs;
(2) Incorporate a model to offer occupational program
curricula in smaller modules to accommodate specific student and
employer needs and to gain sufficient flexibility in formatting
courses;
(3) Serve as a facilitator for education programs from outside delivery sources that meet the needs of the residents and
employers of the district; and
(4) Employ faculty in the most effective manner to serve the
core mission of the community and technical college. To that end
the freestanding community and technical colleges may employ
faculty for an indefinite period without a grant of tenure and
shall work toward a staffing goal of no more than twenty percent
of the faculty holding tenure or being tenure-track employees:
Provided, That tenured faculty currently employed by public
institutions of higher education may not be affected by this
provision.
(c) The freestanding community and technical colleges may
not be required to file a request for approval of certificate and
associate degree programs with the board of trustees before
implementing a new program pursuant to section eight, article one
of this chapter.
(d) Potomac State College of West Virginia University and
West Virginia University at Parkersburg may not be required to
file a request for approval of certificate and associate degree
programs with the board of directors before implementing a new
program pursuant to section eight, article one of this chapter.
(e) The board of directors shall adopt a model of program
approval for the freestanding community and technical colleges that permits occupational programs to be customized to meet needs
without requiring approval by the board of directors and,
furthermore, that incorporates a post-audit review by the board
of directors of such programs on a three-year cycle to determine
the effectiveness of such programs in meeting district needs.
(f) The board of directors shall promulgate legislative
rules in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code to effectuate the purposes of
this section: Provided, That the board may not promulgate
emergency rules. The rules shall be filed with the legislative
oversight commission on education accountability no later than
the first day of November, one thousand nine hundred ninety-nine.
§18B-3-7. Legislative findings; study by Joint Committee on
Government and Finance.
(a) The Legislature recognizes that it is in the best
interest of the state to have effective and comprehensive higher
education programs. It is critical that there be a system for
the delivery of high quality community and technical college
education because of its importance to the economic and cultural
well-being of state residents.
(b) The Legislature finds that a need exists to strengthen
the public community colleges so that they are able to respond
better to the economic needs of the state for a highly trained, competent work force. Therefore, the Legislature has sought,
through passage of legislation, to restructure and refocus
community and technical college education for the purpose of
establishing programs that function well with the public schools
and four year colleges, that make maximum use of resources, that
encourage citizens to pursue a life-time of learning, that serve
as instruments of economic development, and that have the
independence and flexibility to respond quickly to changing
needs.
(c) The Legislature finds that, although great progress has
been made on reaching some of the established goals, the purposes
for which community and technical college education was created
have not been fulfilled and many of the goals established have
not been met.
(d) The Legislature further finds that a need exists to
clarify the missions of public institutions of higher education,
to consider the equity and effectiveness of current funding
methods and to consider methods of equitably offering access to
associate, baccalaureate and graduate education programs at
institutions throughout the state.
(e) It is the responsibility of the Legislature to make the
best use of available resources and to provide a blueprint that
will meet goals established for public higher education.
Therefore, the joint committee on government and finance shall authorize a study for the purpose of making specific and detailed
recommendations to the Legislature. The recommendations shall be
delivered to the Legislature by the first day of January, two
thousand. The study shall include, but may not be limited to,
the following:
(1) Recommendations on clarifying the missions of higher
education institutions, directing resources to programs that meet
the current and future work force needs of the state and
distributing available revenues in an equitable fashion that
enables each state institution of higher education to fulfill its
mission;
(2) A review of state statutes and the rules, policies,
practices and procedures of the higher education governing boards
that may hinder effective delivery of high quality education
programs and recommendations on how any statute or policy should
be changed;
(3) A review of and recommendations on the higher education
resource allocation model and resource allocation policies,
established pursuant to section two, article five of this
chapter, to determine a new or modified model for funding public
higher education in West Virginia. The recommendations shall
include a method of funding reimbursement based on delivering
credit and noncredit course work, eliminating or reducing the
funding and regulatory differences between credit and noncredit courses to facilitate students moving between the two types of
programs, and allowing faculty more flexibility to teach in both
credit and noncredit program areas;
(4) Recommendations on a model for delivery of graduate
education that makes effective use of resources available at
four-year institutions under the jurisdiction of the board of
directors;
(5) Recommendations on a model for delivery of baccalaureate
education that makes effective use of resources available at the
freestanding community colleges under the jurisdiction of the
board of directors;
(6) A review of facility and maintenance needs of all state
institutions of higher education and recommendations for
addressing
those needs;
(7) Recommendations on an appropriate model or models for
governance of public institutions of higher education in the
state; and
(8) Recommendations on the most effective and efficient
model to be used in creating a system of public community and
technical colleges in West Virginia.
ARTICLE 3D. EASTERN WEST VIRGINIA COMMUNITY AND TECHNICAL
COLLEGE.
§18B-3D-1. Legislative findings and intent.
(a) The Legislature finds that the potomac highlands is an
area of the state that is underserved for higher education and
that deserves more convenient access to higher education
opportunities, including work force development opportunities.
(b) It is the intent of the Legislature in establishing
eastern West Virginia community and technical college to focus on
the advantages available to the potomac highlands and to the
state by providing quality community and technical college
education.
(c) It is further the intent of the Legislature that eastern
West Virginia community and technical college shall serve as a
delivery platform for higher education in the potomac highlands
while the study required by section seven, article three of this
chapter is being conducted. The final organizational structure
of the institution should reflect the results of the study.
(d) In order to satisfy the growing needs of the potomac
highlands for access to quality higher education programs, the
community and technical college shall meet the critical two-fold
core mission which is to deliver work force development programs
that meet the needs of employers and to increase the college
participation rate of all the residents of the district.
Establishment of this college is intended to provide an opportunity to implement more effective education delivery
systems, organizational structures, and management and to result
in finding the best model for delivery of high quality community
and technical college education.
§18B-3D-2. Establishment and operation of eastern West Virginia
community and technical college; authority and duty to purchase property, expend appropriations and conduct
programs.
(a) The board of directors shall establish, operate and
maintain as a state institution of higher education and as a part
of the state college system of West Virginia, the freestanding
community and technical college, known as "Eastern West Virginia
Community and Technical College", located in Hardy County. The
title to all real property, facilities and equipment of eastern
West Virginia community and technical college is and remains
vested in the board of directors.
(b) The board of directors shall employ a president and such
staff and faculty as determined appropriate for the institution;
appoint a board of advisors consistent with section one, article
six of this chapter; and exercise general determination, control,
supervision and management of the financial, business and
education policies and affairs of the community and technical
college.
(c) Subject to the intent of the Legislature as stated in
section one of this article, eastern West Virginia community and
technical college may offer such curricula, programs, courses and
services and confer such degrees as is approved by the board of
directors. The board of directors shall fix tuition and
establish and set other fees to be charged students as it
considers appropriate, including establishing special fees for
specific purposes. Special fees shall be paid into special funds
and may be used only for the purposes for which the fees were
collected.
(d) The board of directors shall expend from the
appropriations allocated for eastern West Virginia community and
technical college such funds as are necessary to operate and
conduct programs, to acquire clear title to any real property and
to make necessary capital improvements. The title to all
property purchased for the use of eastern West Virginia community
and technical college is vested in the board of directors.
(e) The board of directors may enter into contracts on
behalf of eastern West Virginia community and technical college
with public and private education institutions, agencies, boards,
government agencies, corporations, partnerships and individuals
to perform instructional or other services.
(f) The board of directors shall make any necessary reports
to the legislative oversight commission on education accountability for the phased implementation of this section.
(g) Eastern West Virginia community and technical college
shall prepare and submit strategic plans in accordance with the
provisions of section one-c, article one of this chapter.
(h) The board of directors may provide through contractual
arrangement for the administration and operation of eastern West
Virginia community and technical college by other state
institutions of higher education until such time as the community
and technical college attains appropriate independent
accreditation. Any contractual arrangement shall ensure that the
programs offered at eastern West Virginia community and technical
college are accredited while independent accreditation is being
sought.
(i) Notwithstanding the provisions of section three-a of
this article, the community and technical college district of
eastern West Virginia community and technical college, for the
purposes of initial implementation, is comprised as follows:
Grant, Hardy, Hampshire, Pendleton and Tucker counties."