H. B. 3019
(By Delegates Mezzatesta, Williams, Stemple,
Manuel, Shelton, Ennis and Davis)
(Originating in the Committee on Education)
[March 1, 1999]
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 the board of directors of the state college
system; establishing the freestanding eastern West Virginia
community and technical college; authority, powers, and
duties of the board of directors relating to operation 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; and transfer of governance upon establishment of
any separate governing board for state freestanding
community and technical colleges.
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. Establishment and operation of the eastern West
Virginia community and technical college; authority and duty
to purchase property, expend appropriations and conduct
programs.
(a) The board of directors shall operate and maintain the
state institution of higher education which is a freestanding
community and technical college, known as "Eastern West Virginia
Community and Technical College" and located in Hardy County, as
a part of the state college system of West Virginia. 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.
The board of directors shall employ a president and such staff and faculty as determined appropriate for the institution;
appoint an advisory board consistent with section one, article
six of this chapter; and exercise general determination, control,
supervision and management of the financial, business and
educational policies and affairs of the community and technical
college.
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.
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.
The board of directors may enter into contracts on behalf of
eastern West Virginia community and technical college with public
and private educational institutions, agencies and boards, with governmental agencies and with corporations, partnerships and
individuals to perform instructional or other services.
The board of directors shall make any necessary reports to
the legislative oversight commission on education accountability
for the phased implementation of this section.
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.
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.
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.
(b) Upon the establishment of any separate governance board
for state freestanding community and technical colleges, there is transferred from the board of directors to the freestanding
community and technical college governing board:
(1) All powers, duties, rights, control, supervision,
management, facilities and equipment vested in the board of
directors for the benefit of eastern West Virginia community and
technical college by virtue of this section;
(2) Jurisdiction over all administration, functions and
operations of eastern West Virginia community and technical
college;
(3) Authority to maintain and operate eastern West Virginia
community and technical college;
(4) Title to any property previously transferred to or
vested in the board of directors for the exclusive use or benefit
of eastern West Virginia community and technical college; and
(5) Any valid agreement, obligation or claim entered into or
incurred by the board of directors on behalf of eastern West
Virginia community and technical college.