Senate Bill No. 700
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[Originating in the Committee on Education;
reported March 3, 1999.]
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A BILL to repeal section two-b, article five, chapter eighteen-b
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend said chapter by adding
thereto a new article, designated article two-a; to amend
and reenact sections one, two, five, six and seven, article
one of said chapter; to amend and reenact section one,
article two of said chapter; to amend and reenact sections
three-a and four, article three of said chapter; to amend
and reenact sections one-b, two and four, article three-a of
said chapter; to amend and reenact sections one and two,
article four of said chapter; to amend and reenact sections
one and two, article five of said chapter; and to amend and
reenact section five, article six of said chapter, all
relating to higher education governance; governing boards'
composition, duties and terms; governing board member qualifications, vacancies, appointment and removal;
legislative purpose; meetings and expenses of members;
creation of governing boards; definitions; community and
technical college education; creating the state system of
freestanding community colleges; creating the state system
of freestanding community colleges board of governors;
transferring jurisdiction over state freestanding community
and technical colleges to the board of governors, and
effective date of transfer; jurisdiction of secretary of
education and the arts over the higher education governing
boards; legislative rules and reports; supervision by
governing boards and delegation to presidents of
institutions; higher education accountability; institutional
and statewide report cards; community and technical college
districts; district consortia; allocation of resources and
budgets; resource allocation model and policy; budget
appropriations; tuition and fees; West Virginia joint
commission for vocational-technical-occupational education, including composition and member terms and qualification,
and duties and responsibilities; general administration of
governing boards; employment of chancellors and senior
administrator; powers and duties of chancellors and senior
administrator; and advisory council on federal resources,
including meetings, quorum, and member appointment, terms,
qualifications, vacancies, compensation and expenses.
Be it enacted by the Legislature of West Virginia:
That section two-b, article five, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that said chapter be amended by adding
thereto a new article, designated article two-a; that sections
one, two, five, six and seven, article one of said chapter be
amended and reenacted; that section one, article two of said
chapter be amended and reenacted; that sections three-a and four,
article three of said chapter be amended and reenacted; that
sections one-b, two and four, article three-a of said chapter be
amended and reenacted; that sections one and two, article four of
said chapter be amended and reenacted; that sections one and two,
article five of said chapter be amended and reenacted; and that
section five, article six of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-1. Legislative purpose; creation of governing boards.
The purpose of the Legislature in the enactment of this
article is to establish a governance structure for the state
institutions of higher education consisting of a board to govern
the University of West Virginia system, designated the
"University of West Virginia Board of Trustees," and a board to
govern the state college system, designated the "Board of
Directors of The State College System," and a board to govern the
state freestanding community and technical college system,
designated the "State System of Freestanding Community and
Technical Colleges Board of Governors."
In furtherance of this purpose, there are hereby created
two three governing boards to be known as the university of West
Virginia board of trustees, and the board of directors of the
state college system, and the state system of freestanding
community and technical colleges board of governors, which shall
be are corporations and as such may contract and be contracted
with, plead and be impleaded, sue and be sued, and have and use
common seals.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter eighteen-c of this code shall have the meaning hereinafter
ascribed to them have the following meanings unless the context
clearly indicates a different meaning:
(a) "Governing board" or "board" means the university of
West Virginia board of trustees, or the board of directors of the
state college system or the state system of freestanding
community and technical colleges board of governors, whichever is
applicable within the context of the institution or institutions
referred to in this chapter or in other provisions of law;
(b) "Governing boards" or "boards" means both the board of
trustees, and the board of directors and the board of governors;
(c) "Freestanding community colleges" means southern West
Virginia community and technical college, and West Virginia
northern community and technical college, and any other community
college or community and technical college which may be
established in this code and is designated as freestanding, none
of which shall not may be operated as branches or off-campus
locations of any other state institution of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges,
community and technical education programs of regional campuses
of West Virginia university and divisions of state institutions
of higher education which have a defined community and technical
college district and offer community and technical college
education in accordance with the provisions of section three-a,
article three of this chapter;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in
section three-a, article three of this chapter, and also shall
include postsecondary vocational education programs in the state
as those terms are defined in this section. Community and
technical college education shall be delivered through a system
which includes eleven community and technical college districts
assigned to state institutions of higher education under the
jurisdiction of the board of directors, the board of governors
and the board of trustees, respectively;
(g) "Directors" or "board of directors" means the board of
directors of the state college system created pursuant to article three of this chapter or the members thereof;
(h) "Governors" or "board of governors" means the board of
governors of the state system of freestanding community and
technical colleges created pursuant to article two-a of this
chapter or the members thereof;
(h) (i)"Higher educational institution" means any
institution as defined by Sections 401(f), (g) and (h) of the
federal Higher Education Facilities Act of 1963, as amended;
(i) (j) "Postsecondary vocational education programs" means
any college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of trustees, the board of
directors or the board of governors;
(j) (k) "Rule" or "rules" means a regulation, standard,
policy or interpretation of general application and future
effect;
(k) (l) "Senior administrator" means the person hired by the
governing boards in accordance with section one, article four of
this chapter, with powers and duties as may be provided for in
section two of said article;
(l) (m) "State college" means Bluefield state college,
Concord college, Fairmont state college, Glenville state college,
Shepherd college, West Liberty state college or West Virginia
state college;
(m) (n) "State college system" means the state colleges and
community and technical colleges, and also shall include
postsecondary vocational education programs in the state, which
are offered at institutions under the jurisdiction of the board
of directors, as those terms are defined in this section;
(n) (o) "State college system community and technical
colleges" means the freestanding community and technical colleges
and community and technical colleges operated on the campuses of
state colleges under the jurisdiction of the board of directors
of the state college system and all of their associated branches,
centers and off-campus locations;
(o) (p) "State institution of higher education" means any
university, college or community and technical college in the
state university system, or the state college system or the state
system of freestanding community and technical colleges, as those
terms are defined in this section;
(q) "State system of freestanding community and technical colleges" means the state freestanding community and technical
colleges, including West Virginia northern community and
technical college, southern West Virginia community and technical
college, any state freestanding community and technical college
that is established and designated as freestanding, and any
community college component of a four-year institution which is
redesignated as freestanding and placed under the jurisdiction of
the board of governors and also
includes postsecondary vocational education programs in the
state, which are under the jurisdiction of the board of
governors, as those terms are defined in this section;
(p) (r) "Trustees" and "board of trustees" means the
university of West Virginia board of trustees created pursuant to
article two of this chapter or the members thereof;
(q) (s) "University", "university of West Virginia" and
"state university system" means the multicampus, integrated
university of the state, consisting of West Virginia university,
including West Virginia university at Parkersburg, Potomac state
college of West Virginia university, West Virginia university
institute of technology and the West Virginia university school
of medicine; Marshall university, including the Marshall
university school of medicine, and the Marshall university
community and technical college, the Marshall university graduate
college; and the West Virginia school of osteopathic medicine;
(r) (t) "University system community and technical colleges"
means Marshall university community and technical college,
community and technical education programs at West Virginia
university at Parkersburg, community and technical education
programs at Potomac state college of West Virginia university and
West Virginia university institute of technology community and
technical college under the jurisdiction of the university of
West Virginia board of trustees and all their associated
branches, centers and off-campus locations;
(s) (u) "Regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university,
and West Virginia university institute of technology. The chief
executive officer of a regional campus shall be known as "campus
president", shall serve serves at the will and pleasure of the
president of West Virginia university, and shall report to the
president of West Virginia university or his or her designee in
the method specified by West Virginia university. The board of
advisors for West Virginia university established pursuant to
section one, article six of this chapter shall serve serves as
the advisory board for West Virginia university and its regional
campuses. The advisory boards previously appointed for each regional campus shall be known as "boards of visitors" and shall
provide guidance to the regional campus presidents. Each
regional campus shall adopt separate strategic plans required by
section one-c of this article; and
(t) (v) The advisory board previously appointed for the West
Virginia graduate college shall be known as the "board of
visitors" and shall provide guidance to the Marshall university
graduate college.
§18B-1-5. Board of trustees, board of directors and board of
governors under department of education and the arts.
(a) The board of trustees, the board of governors
and the
board of directors, created in articles two, two-a and three of
this chapter, are under the jurisdiction of the department of
education and the arts created in article one, chapter five-f of
this code, and are subject to the supervision of the secretary of
education and the arts. Rules adopted by the governing boards
shall be are subject to approval by the secretary of education
and the arts. The budget submitted by each board pursuant to the
provisions of section eight of this article shall be are subject
to approval of the secretary of the department of education and
the arts, all pursuant to the provisions of article two, chapter
five-f of this code.
(b) The secretary of education and the arts is responsible
for the coordination of policies and purposes of the state
university system, and the state college system and the state
system of freestanding community and technical colleges and shall
provide for and facilitate sufficient interaction between the
governing boards, and between the governing boards and the state
board of education, to assure appropriate mission and program
coordination and cooperation among: (1) The state university
system; (2) the state college system, exclusive of the community
colleges; (3) the state system of freestanding community and
technical colleges; (4) other the community colleges including
freestanding community colleges and community college components;
and (4) (5) the vocational-technical centers in the state,
recognizing the inherent differences in the missions and
capabilities of these four five categories of institutions. The
governing boards and the state board of education shall provide
any and all information requested by the secretary of education
and the arts and legislators in a timely manner.
(c) The secretary of education and the arts, the chancellors
of the board of trustees, and the board of directors governing
boards and the state superintendent of schools shall develop standards and suggest implementation methods for a standardized
test to be used to predict post-secondary educational success
such as the test offered by the American college testing program.
The test, hereinafter referred as the post-secondary academic
success score or PASS, is to be administered to all students
during the fall semester of the eighth grade. The secretary of
education and the arts, the chancellors of the board of trustees
and the board of directors and the state superintendent of
schools shall submit a joint report outlining their findings to
the governor and the legislative oversight commission on
education accountability by the first day of December, one
thousand nine hundred ninety-three.
§18B-1-6. Rule making.
The university of West Virginia board of trustees, and the
board of directors of the state college system
and the state
system of freestanding community and technical colleges board of
governors are hereby empowered to promulgate, adopt, amend or
repeal rules, subject to the approval of the secretary of
education and the arts, in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code, as they may
deem consider necessary and convenient to ensure the full implementation of their powers and duties. Each governing board
shall file a copy of any rule it proposes to promulgate, adopt,
amend or repeal under the authority of this article with the
legislative oversight commission on education accountability
created in said article three-a, chapter twenty-nine-a of this
code.
Nothing in this section shall may be construed to apply to
any rule promulgated or adopted by a state institution of higher
education.
§18B-1-7. Supervision by governing boards; delegation to
president.
On and after the first day of July, one thousand nine
hundred eighty-nine The governing boards shall determine,
control, supervise and manage all of the policies and affairs of
the state institutions of higher education under their
jurisdiction and shall exercise and perform all such powers,
duties and authorities respecting those institutions as were
previously exercised and performed by the West Virginia board of
regents.
The governing boards have the general determination,
control, supervision and management of the financial, business
and educational policies and affairs of all state institutions of higher education under their jurisdiction. The board of
trustees, and the board of directors and the board of governors
shall seek the approval of the West Virginia Legislature before
either governing board takes taking action that would result in
the creation or closing of a state institution of higher
education.
Except as otherwise provided by law, each board's
responsibilities shall include, but shall not be are not limited
to, the making of studies and recommendations respecting higher
education in West Virginia; allocating among the state
institutions of higher education under their jurisdiction
specific functions and responsibilities; submitting budget
requests for such institutions; and equitably allocating
available state appropriated funds between the boards and among
such institutions in accordance with the resource allocation
model and policies required by section two, article five of this
chapter.
Each board shall delegate, as far as is lawful, efficient
and fiscally responsible and within prescribed standards and
limitations, such part of its power and control over financial,
educational and administrative affairs of each state institution of higher education to the president or other administrative head
of those institutions. This shall may not be interpreted to
include the classification of employees, lawful appeals made by
students in accordance with board policy, lawful appeals made by
faculty or staff or final review of new or established academic
or other programs.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
§18B-2-1. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The board of trustees shall consist of seventeen
consists of eighteen persons, of whom one shall be is the
chancellor of the board of directors of the state college system,
ex officio, who shall not be is not entitled to vote; one of whom
is the chancellor of the board of governors of the state system
of freestanding community and technical colleges, who is not
entitled to vote; one shall be is the state superintendent of
schools, ex officio, who shall not be is not entitled to vote;
one shall be is the chairman of the advisory council of students,
ex officio, who shall be is entitled to vote; one shall be is the
chairman of the advisory council of faculty, ex officio, who
shall be is entitled to vote; and one shall be is the chairman of the advisory council of classified employees, ex officio, who
shall be is entitled to vote. The other twelve trustees shall be
are citizens of the state, appointed by the governor of this
state, by and with the advice and consent of the Senate.
Each of the trustees appointed to the board by the governor
of this state
shall represent the public interest and shall be
especially qualified in the field of higher education by virtue
of the person's knowledge, learning, experience or interest in
the field.
Except for the ex officio trustees, no person shall be is
eligible for appointment to membership on the board of trustees
who is an officer, employee or member of an advisory board of any
state college or university, an officer or member of any
political party executive committee, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions or an appointee or
employee of the board of trustees, or the board of directors or
the board of governors: Provided, That if there are no ethical
restrictions under state or federal law, a federal employee may
serve as a member of the board of trustees. Of the twelve
trustees appointed by the governor from the public at large, not more than six thereof shall may belong to the same political
party and at least two trustees shall be appointed from each
congressional district.
Except as provided in this section, no other person may be
appointed to the board.
(b) The governor shall appoint twelve trustees as soon after
the first day of July, one thousand nine hundred eighty-nine, as
is practicable, and the original terms of all trustees shall
commence on that date.
The terms of the trustees appointed by the governor of this
state which are not for the purpose of filling a vacancy in an
unexpired term are shall be for overlapping terms of six years.
except, of the original appointments, four shall be appointed to
terms of two years, four shall be appointed to terms of four
years and four shall be appointed to terms of six years. Each
subsequent appointment which is not for the purpose of filling a
vacancy in an unexpired term shall be for a term of six years.
The governor of this state shall appoint a trustee to fill
any vacancy among the twelve trustees appointed by the governor
of this state, by and with the advice and consent of the Senate,
which trustee appointed to fill such the vacancy shall serve for the unexpired term of the vacating trustee. The governor shall
fill the vacancy within sixty days of the occurrence of the
vacancy.
All trustees appointed by the governor shall be of this
state are eligible for reappointment: Provided, That a person
who has served as a trustee or director during all or any part of
two consecutive terms shall be is ineligible to serve as a
trustee, governor or director for a period of three years
immediately following the second of the two consecutive terms.
The chairman of the advisory council of students, ex
officio; the chairman of the advisory council of faculty, ex
officio; and the chairman of the advisory council of classified
employees, ex officio, shall serve the terms for which they were
elected by their respective advisory councils. These members
shall be are eligible to succeed themselves.
(c) Before exercising any authority or performing any duties
as a trustee, each trustee shall qualify as such by taking and
subscribing to the oath of office prescribed by section five,
article IV of the constitution of West Virginia, and the
certificate thereof shall be filed with the secretary of state.
(d) No trustee appointed by the governor shall may be removed from office by the governor of this state except for
official misconduct, incompetence, neglect of duty or gross
immorality, and then only in the manner prescribed by law for the
removal of the state elective officers by the governor of this
state.
ARTICLE 2A. BOARD OF GOVERNORS OF THE STATE SYSTEM OF FREE-
STANDING COMMUNITY AND TECHNICAL COLLEGES.
§18B-2A-1. Composition of board; terms and qualifications of
members; vacancies; eligibility for reappointment;
oath of office; removal from office.
(a) The board of governors of the state system of
freestanding community and technical colleges consists of
seventeen persons, one of whom one is the chancellor of the state
college system board of directors, ex officio, who is not
entitled to vote; one is the chancellor of the university of West
Virginia board of trustees
, ex officio, who is not entitled to
vote;
one is the assistant state superintendent of schools, ex
officio, who is not entitled to vote; one is the chair of the
joint commission for vocational-technical-occupational education,
ex officio, who is not entitled to vote; one is a representative
of economic development, ex officio, who is entitled to vote; one
is a representative of workforce development, ex officio, who is entitled to vote; the chair of the West Virginia roundtable, ex
officio, who is entitle to vote; one is the chairman of the
advisory council of students, ex officio, who is entitled to
vote; one is the chairman of the advisory council of faculty, ex
officio, who is entitled to vote; and one is the chairman of the
advisory council of classified employees, ex officio, who is
entitled to vote. The other seven governors are citizens of the
state, appointed by the governor of this state, by and with the
advice and consent of the Senate.
Each of the governors appointed to the board by the governor
of this state shall represent the public interest and shall be
especially qualified in the field of higher education, and
particularly community and technical college education, by virtue
of the person's knowledge, learning, experience or interest in
the field. Among these members there shall be representation
from business, industry and labor.
Except for the ex officio governors, no person is eligible
for appointment to membership on the board of governors who is an
officer, employee or member of an advisory board of any state
college or university, an officer or member of any political
party executive committee, the holder of any other public office or public employment under the government of this state or any of
its political subdivisions, or an appointee or employee of the
board of trustees, board of directors, or board of governors:
Provided, That if there are no ethical restrictions under state
or federal law, a federal employee may serve as a member of the
board of governors. Of the seven governors appointed by the
governor of this state from the public at large, not more than
four thereof may belong to the same political party and at least
three governors of the board shall be appointed from each
congressional district.
Except as provided in this section, no other person may be
appointed to the board.
(b) The governor of this state shall appoint the seven
governors as soon after the first day of July, one thousand nine
hundred ninety-nine, as is practicable, and the original terms of
all governors shall commence on that date. The terms of the
governors appointed by the governor of this state are for
overlapping terms of six years, except, of the original
appointments, two shall be appointed to terms of two years, two
shall be appointed to terms of four years and three shall be
appointed to terms of six years. Each subsequent appointment which is not for the purpose of filling a vacancy in an unexpired
term shall be appointed to a term of six years.
The governor of this state shall appoint a governor to fill
any vacancy among the seven governors appointed by the governor
of this state, by and with the advice and consent of the Senate.
Any governor appointed to fill a vacancy serves for the unexpired
term of the vacating governor. The governor of this state shall
fill the vacancy within sixty days of the occurrence of the
vacancy.
Any governor appointed by the governor of this state is
eligible for reappointment
: Provided, That a person who serves
as a governor during all or any part of two consecutive terms is
ineligible to serve as a governor for a period of three years
immediately following the second of the two consecutive terms.
The chairman of the advisory council of students, ex
officio; the chairman of the advisory council of faculty, ex
officio; and the chairman of the advisory council of classified
employees, ex officio, shall serve the terms for which they were
elected by their respective advisory councils. These members are
eligible to succeed themselves.
(c) Before exercising any authority or performing any duties as a governor, each governor shall qualify as such by taking and
subscribing to the oath of office prescribed by section five,
article IV of the constitution of West Virginia, and the
certificate thereof shall be filed with the secretary of state.
(d) No governor appointed by the governor of this state may
be removed from office by the governor of this state except for
official misconduct, incompetence, neglect of duty or gross
immorality, and then only in the manner prescribed by law for the
removal by the governor of this state of the state elective
officers.
§18B-2A-2. Meetings and compensation.
(a) The board of governors shall hold at least ten meetings
in every fiscal year, including an annual meeting each June:
Provided, That a meeting for the purpose of selecting the first
chairman shall be held during July, one thousand nine hundred
ninety-nine. The governors may set aside time at these meetings
held at the campuses to afford administrators, faculty, students
and classified staff at these institutions an opportunity to
discuss issues affecting these groups. The governors shall hold
at least one meeting each year with the advisory council of
faculty, the advisory council of students and the advisory council of classified employees, each of these bodies to be met
with separately. Except as otherwise provided in this section,
meetings shall be held on such dates and at such places as the
governors prescribe. In addition to the statutorily required
meetings, the governors may meet at such other times as may be
necessary, the meetings to be held upon its own resolution or at
the written request of at least five appointed governors.
Of the thirteen voting members of the board of governors,
seven constitutes a quorum, and a majority vote of the quorum is
necessary to pass upon matters before the governors.
(b) The governors shall be reimbursed for actual and
necessary expenses incident to the performance of their duties,
upon presentation of an itemized sworn statement thereof. The
foregoing reimbursement for actual and necessary expenses shall
be paid from appropriations made by the Legislature to the
governors.
§18B-2A-3. Additional duties of board of governors.
(a) The board of governors of the state system of free- standing community and technical colleges governs the state
system of free-standing community and technical colleges.
(b) The board of governors shall determine programs to be offered by state institutions of higher education under its
jurisdiction and shall clarify the missions of the institutions
under its jurisdiction.
(c) The board of governors shall govern state institutions
of higher education under its jurisdiction in accordance with the
provisions of section three-a, article three of this chapter.
(d) The board of governors shall adopt a faculty salary
program with an overall goal of attaining salaries equal to the
average faculty salaries within similar groups of disciplines and
program levels at comparable peer institutions within member
states of the southern regional education board.
(e) The board of governors shall report data relating to any
institution under its jurisdiction as is required from the other
governing boards as provided in section eight-a, article one of
this chapter, and all provisions of said section apply to the
board of governors.
(f) Any community and technical college under the
jurisdiction of the board of governors shall prepare and submit
strategic plans in accordance with the provisions of section one- c, article one of this chapter.
§18B-2A-4. Transfer of certain powers, duties, property, obligations, etcetera, of the board of trustees and
board of directors to the board of governors.
(a) All powers, duties and authorities of the board of
directors relating to freestanding community and technical
colleges are transferred to the board of governors created in
this chapter and shall be exercised and performed by the board of
governors as those powers, duties and authorities apply to each
institution under its jurisdiction.
(b) Title to all property previously transferred to or
vested in the board of directors for the benefit or use of any
state freestanding community and technical college is transferred
to the board of governors as those titles may apply to property
which is appropriately under the jurisdiction of the board of
governors. Property transferred to or vested in the board of
directors includes any property acquired for the benefit or use
of West Virginia northern community and technical college and
southern West Virginia community and technical college.
(c) Each valid agreement and obligation previously
transferred to or vested in the board of directors for the
benefit of any state freestanding community and technical college
is transferred to the board of governors as those agreements and
obligations may apply to each institutions under its jurisdiction. Valid agreements and obligations transferred to
the board of governors includes any valid agreement and
obligation incurred for the benefit or use of West Virginia
northern community and technical college and southern West
Virginia community and technical college.
(d) All orders, resolutions and rules adopted or promulgated
by the board of directors and in effect immediately prior to the
first day of July, one thousand nine hundred ninety-nine, are
transferred to the board of governors as those orders,
resolutions and rules may apply to each institution under its
jurisdiction and shall continue in effect and shall be deemed the
orders, resolutions and rules of the board of governors until
rescinded, revised, altered or amended by the board of governors
in the manner and to the extent authorized and permitted by law.
The orders, resolutions and rules include those adopted or
promulgated by the board of directors on behalf of West Virginia
northern community and technical college and southern West
Virginia community and technical college.
(e) Rules or provisions of law which refer to other
provisions of law which were repealed, rendered inoperative, or
superseded by the provisions of this section shall remain in full force and effect to such extent as may still be applicable to
higher education and may be so interpreted. Such references
include, but are not limited to, references to sections of this
code and code provisions relating to retirement, health
insurance, grievance procedures, purchasing, student loans and
savings plans. Any determination which needs to be made
regarding applicability of any provision of law shall first be
made by the secretary of education and the arts.
(f) Jurisdiction over all things related to operations of
state freestanding community and technical colleges remain with
the board of directors and are not transferred to the board of
governors until such time as full membership of the board of
governors has been appointed. This provision applies to:
(1) All powers, duties, rights, control, supervision,
management, facilities and equipment vested in the board of
directors for the benefit of any freestanding community and
technical college;
(2) Jurisdiction over all administration, functions and
operations of any state freestanding community and technical
colleges;
(3) Authority to maintain and operate state freestanding community and technical colleges;
(4) Title to any property previously transferred to or
vested in the board of directors for the exclusive use or benefit
of any state freestanding community and technical college; and
(5) Any valid agreement, obligation or claim entered into or
incurred by the board of directors on behalf of any state
freestanding community and technical college.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§18B-3-3a. Community and technical college education;
establishment; state level governance; formation of districts; college level administration and governance; programs; district consortia; implementation process; and implementation team.
(a) General. -- The purpose of this section is to establish
community and technical college education that is well
articulated with the public schools and four-year colleges; that
makes maximum use of shared facilities, faculty, staff, equipment
and other resources; that encourages traditional and
nontraditional students and adult learners to pursue a life-time
of learning; that serves as an instrument of economic
development; and that has the independence and flexibility to
respond quickly to changing needs. The respective governing boards shall provide for community and technical college
education at state institutions of higher education under their
jurisdiction to have the administrative, programmatic and
budgetary control necessary to allow maximum flexibility and
responsiveness to district and community needs consistent with
the goal of sharing facilities, faculty, staff, equipment and
other resources within and among the districts, the other systems
of public and higher education and other education and training
programs.
(b) State level governance. -- The board of directors and
the board of trustees shall jointly employ a vice chancellor for
community and technical college education. The vice chancellor
for community and technical college education shall report
directly to and provide assistance to the board of directors and
the board of trustees on matters related to community and
technical college education and shall serve at their will and
pleasure. The vice chancellor for community and technical
college education shall advise, assist and consult regularly with
the administrative heads, institutional boards of advisors, and
district consortia committees of each state institution the state
institutions of higher education involved in community and technical college education under the jurisdiction of the board
of trustees and the board of directors.
In appointing members to the institutional boards of
advisors within the state college system pursuant to section one,
article six of this chapter, the board of directors shall
consider the relative distribution of baccalaureate and community
and technical college enrollments of the respective institutions
and shall make up to three of such appointments from the
membership of district consortia committee on the basis of such
proportional enrollments. All appointments shall be reflective
of the economic, industrial, educational, community and
employment characteristics of the institution's region and be
geographically dispersed to the extent practical.
(c) Formation of community and technical college districts.
-- The eleven community and technical college districts shall be
comprised of contiguous areas of the state which have similar
economic, industrial, educational, community and employment
characteristics to facilitate specialization in mission and
programming. For the purposes of initial implementation and
organization, the districts shall be comprised as follows:
(1) Ohio, Brooke, Hancock, Marshall, Tyler and Wetzel counties;
(2) Wood, Jackson, Pleasants, Ritchie, Roane, Tyler and
Wirt counties;
(3) Kanawha, Putnam and Clay counties;
(4) Cabell, Mason, Putnam and Wayne counties;
(5) Fayette, Clay, Kanawha, Raleigh and Nicholas counties;
(6) Logan, Boone, Lincoln, McDowell, Mingo, Raleigh and
Wyoming counties;
(7) Mercer, Greenbrier, McDowell, Monroe, Pocahontas,
Raleigh and Summers counties;
(8) Gilmer, Barbour, Braxton, Calhoun, Clay, Lewis,
Nicholas, Upshur and Webster counties;
(9) Marion, Doddridge, Harrison, Monongalia, Preston,
Randolph, Taylor, Barbour and Tucker counties;
(10) Jefferson, Berkeley, Grant, Hardy and Morgan counties;
and
(11) Mineral, Grant, Hampshire, Hardy and Pendleton
counties.
It is the intent of the Legislature that counties which are
listed in more than one district shall be served by the
associated community and technical colleges as a cooperative service area, or shall be divided as the board of directors
determines. The boundaries of the eleven districts may be
modified from time to time by the board of directors agreement of
the three governing boards upon request of the affected community
and technical colleges to better serve the needs within the
districts. Such modifications are not required to follow county
boundaries.
Subject to any restrictions imposed by the board of
directors, the district boundaries shall not be employed to
restrict other state institutions of higher education from
offering programs of strength to meet underserved needs,
consistent with the objective of not duplicating efforts as
determined by the governing boards: Provided, That nothing herein
shall may be construed to prevent state institutions of higher
education from offering courses at off-campus centers or
locations now operating or established in the future which are
not duplicative. Distance learning technology, resource
networking and other cooperative and collaborative efforts shall
be used to the maximum extent prudent and practical to avoid
unnecessary duplication of program development and delivery.
The main campus of the community and technical college shall be identified under the name of the community and technical
college for the district and the district shall be known as the
"community and technical college district". In addition, the
name of all branches, centers and programs shall reflect the name
of the district.
(d) Allocation of resources and budgets. -- All funds for
community and technical college education shall be proposed by
the governing boards for their respective institutions and
appropriated by the Legislature in an institutional control
account accounts under the jurisdiction of the governing boards
for their respective institutions. board of directors for those
institutions governed by the board of directors for their
respective institutions and a separate institutional control
account under the jurisdiction of the board of trustees for those
institutions governed by the board of trustees. The board of
directors and the board of trustees shall establish by joint
legislative rule a formula for the allocation of such funds to
control accounts of individual university system and state
college system community and technical colleges, which rule shall
include uniform guidelines for the allocation and reporting of
student enrollments, costs, reimbursements and revenues for community and technical colleges located on the campus of another
state institution of higher education.
(e) College level administration and governance. -- The
administrative head of a state college system community and
technical college shall be the president, in the case of the
freestanding community and technical colleges and the provost of
the community and technical college in the case of all other
state college system community and technical colleges
freestanding community and technical college is the president.
The administrative head of a community and technical college
within a four-year institution is the provost. Such provost
shall be employed by the president of the state institution of
higher education upon which the main campus of the community and
technical college is located and the provost shall serve at the
will and pleasure of the president. The administrative head
shall be responsible for coordination and other administrative
arrangements with the host institution and other duties assigned
pursuant to this section. Nothing in this section shall prohibit
a current employee in community and technical education from
being employed as a provost. The administrative and business
offices and functions of community and technical colleges, except freestanding, shall be consolidated with those of the host
institution to the extent practical. To enhance program
flexibility and mobility, to enhance program coordination and
delivery in the public schools and to take advantage of the
expertise and experience of persons in business and industry,
community and technical colleges shall make extensive use of
combined courses with four-year colleges and universities, employ
by contract or other arrangements college and university faculty
to teach community and technical college courses, employ
qualified public school teachers as adjunct professors and employ
qualified business, industry and labor persons as adjunct
professors in technical areas.
(f) Community and technical college programs. -- The
mission of each community and technical college shall include the
following programs which may be offered on or off campus, at the
work site, in the public schools and at other locations at times
that are convenient for the intended population:
(1) Career and technical education certificate, associate
of applied science and selected associate of science degree
programs for students seeking immediate employment, individual
entrepreneurship skills; occupational development, skill enhancement and career mobility;
(2) Transfer education associate of arts and associate of
science degree programs for students whose educational goal is to
transfer into a baccalaureate degree program;
(3) Developmental/remedial education courses, tutorials,
skills development labs and other services for students who need
to improve their skills in mathematics, English, reading, study
skills, computers and other basic skill areas;
(4) Work force training and retraining contract education
with business and industry to train or retrain employees;
(5) Continuing development assistance and education credit
and noncredit courses for professional and self-development,
certification and licensure and literacy training; and
(6) Community service workshops, lectures, seminars,
clinics, concerts, theatrical performances and other noncredit
activities to meet the cultural, civic and personal interests and
needs of the community.
All administrative, programmatic and budgetary control over
community and technical education within the district shall be
vested in the administrative head and the institutional board of
advisors, of state college system community and technical colleges subject to rules adopted by the board of directors
governing boards. The administrative head and institutional
board of advisors shall be responsible for the regular review,
revision, elimination and establishment of programs within the
district to assure that the needs of the district for community
and technical college programs are met. It is the intent of the
Legislature that the program review and approval process for
community and technical education be separate and distinct from
baccalaureate education. The administrative head and
institutional board of advisors shall seek assistance from and
utilize a district consortia committee in fulfilling this
responsibility.
(g) District consortia committee. -- The administrative
head of each university system, and state college system and
state system of freestanding community and technical colleges
community and technical college shall form a district consortia
committee which shall include representatives distributed
geographically to the extent practical of the major community
college branches, vocational-technical centers, comprehensive
high schools, four-year colleges and universities, community
service or cultural organizations, economic development organizations, business, industry, labor, elected public
officials and employment and training programs and offices within
the district. The consortia committee shall be chaired by the
administrative head or his or her designee and shall advise and
assist the administrative head with the following:
(1) Completing a comprehensive assessment of the district
to determine what education and training programs are necessary
to meet the short and long-term work force development needs of
the district;
(2) Coordinating efforts with regional labor market
information systems that identify the ongoing needs of business
and industry, both current and projected, and provide information
to assist in an informed program of planning and decisionmaking;
(3) Planning and development of a unified effort to meet
the documented work force development needs of the district
through individual and cooperative programs, shared facilities,
faculty, staff, equipment and other resources and the development
and use of distance learning and other educational technologies;
(4) Increasing the integration of secondary and post- secondary curriculum and programs that are targeted to meet
regional labor market needs, including the planning and implementation of a comprehensive school-to-work transition
system that helps students focus on career objectives, builds
upon current programs such as high schools that work, tech prep
associate degree programs, registered apprenticeships and rural
entrepreneurship through action learning and addresses the needs
of at-risk students and school dropouts;
(5) Planning and implementation of integrated professional
development activities for secondary and post-secondary faculty,
staff and administrators and other consortia partners throughout
the district;
(6) Ensuring that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing
student credentialing;
(7) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating coursework in which they already possess competency;
(8) Establishing one-stop-shop career centers with
integrated employment and training and labor market information
systems that enable job seekers to assess their skills, identify and secure needed education training and secure employment and
employers to locate available workers;
(9) Increasing the integration of adult literacy, adult
basic education, federal job opportunities and basic skills, and
community and technical college programs and services to expedite
the transition of adults from welfare to gainful employment; and
(10) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(h) Implementation process. -- The implementation of
community and technical college education as set forth in this
article shall be accomplished over a three-year period. Major
program elements shall be accomplished within the following time
frames:
(1) One thousand nine hundred ninety-five--ninety-six:
(i) Form necessary governance structures and make necessary
appointments;
(ii) Form consortia committees and complete a survey of the
educational and training needs of the community college district;
(iii) Establish the information necessary to separately
budget the community and technical college education for fiscal year one thousand nine hundred ninety-six--ninety-seven,
including the rules required pursuant to subsection (d) of this
section;
(iv) Establish an ongoing method of providing funding for
appropriate staff from the public schools and the community and
technical colleges for personnel and other costs related to
shared facility projects, including recommendations for any
necessary legislative enactments; and
(v) Make recommendations to the governor and Legislature as
may be necessary.
(2) One thousand nine hundred ninety-six--ninety-seven:
(i) Begin separate budgeting; and
(ii) Begin full operations of the community and technical
colleges as provided in this article.
(3) One thousand nine hundred ninety-seven--ninety-eight:
(i) Review and evaluation.
(i) Implementation team. -- There is hereby established an
implementation team to monitor and oversee implementation of the
community and technical college education in accordance with the
provisions of this article. The implementation team shall report
to the governor and the legislative oversight commission on education accountability no later than the first day of December,
in the years one thousand nine hundred ninety-five, one thousand
nine hundred ninety-six and one thousand nine hundred ninety- seven, on the status of such implementation and any further needs
for legislative enactment. The implementation oversight team
shall be composed of the secretary of education and the arts, one
representative of public education, one representative of
community and technical colleges, one representative of four-year
colleges, one representative of the private sector, one
representative of employment and training programs, one
representative of vocational-technical-occupational education,
four members of the Senate and four members of the House of
Delegates, all appointed by the governor. The secretary of
education and the arts shall be responsible for staffing the
implementation oversight team utilizing existing personnel,
equipment and offices of the affected agencies.
§18B-3-4. Community and technical colleges; tuition and fees;
memoranda of agreements; and joint administrative boards.
(a) Effective the first day of July, one thousand nine
hundred eighty-nine The following institutions are hereby
established or continued as freestanding community and technical colleges: Southern West Virginia community and technical college
and West Virginia northern community and technical college, and
any other state freestanding community and technical college that
is established and designated as freestanding. Such freestanding
community and technical colleges shall not be operated as
branches or off-campus locations of any other state institution
of higher education.
(b) The directors governing boards, in accordance with
article two-b, chapter eighteen of this code, shall cooperate
with the state board of education, the state council of
vocational-technical education and the joint commission for
vocational-technical-occupational education to develop a
comprehensive system of academic, vocational, technical and
career development programs to serve the educational needs of
adults for college preparatory, two-year associate degree,
continuing education, work force training and retraining and
other such programs within the state. The board of directors
governing boards shall delegate such authority as they deem
prudent to the community and technical college presidents,
provosts or other administrative heads, to work with district
consortia committees to assess the work force needs of business and industry within their service areas, regularly review and
revise curricula to ensure that the work force needs are met,
develop new programs and phase out or modify existing programs as
appropriate to meet such needs, provide professional development
opportunities for faculty and staff, establish cooperative
programs and student internships with business and industry,
streamline procedures for designing and implementing customized
training programs and to accomplish such other complements of a
quality comprehensive community and technical college. In
developing such a system, the various educational agencies shall
establish cooperative relationships to utilize existing community
and technical colleges and programs, public school vocational
centers and other existing facilities to serve the identified
needs within the community and technical college district.
(c) A separate division of community and technical colleges
shall be established under the board of directors. Unless
approved by the board, programs at community and technical
colleges shall be two years or less in duration.
(d) The board of directors governing boards may fix tuition
and establish and set such other fees to be charged students at
state college system community and technical colleges as it deems appropriate, and shall pay such tuition and fees collected into
a revolving fund for the partial or full support, including the
making of capital improvements, of any state college system
community and technical college. Funds collected at any such
community and technical college may be used only for the benefit
of that community and technical college. The board of directors
may also establish special fees for such purposes as, including,
but not limited to, health services, student activities, student
recreation, athletics or any other extracurricular purposes.
Such special fees shall be paid into special funds in the state
treasury and used only for the purposes for which collected.
(e) The board of directors governing boards may allocate
funds from the appropriations for their systems the state college
system for the operation of individual university system and
state college system community and technical colleges, in
accordance with rules adopted by the board pursuant to the
provisions of subsection (d), section three-a of this article,
and for the capital improvement of any state college system such
community and technical college. The board of directors
governing boards may accept federal grants and funds from county
boards of education, other local governmental bodies, corporations or persons. The directors governing boards may
enter into memoranda of agreements with such governmental bodies,
corporations or persons for the use or acceptance of local
facilities and/or the acceptance of grants or contributions
toward the cost of the acquisition or construction of such
facilities. Such local governmental bodies may convey capital
improvements, or lease the same without monetary consideration,
to the board of directors governing boards for the use by the
community and technical college and the board of directors
governing boards may accept such facilities, or the use or lease
thereof, and grants or contributions for such purposes from such
governmental bodies, the federal government or any corporation or
person.
(f) To facilitate the administration, operation and
financing of programs in shared facilities of the governing
boards state college system or the university of West Virginia
system and a county board or boards of education, the affected
governing board and county board or boards of education may
appoint a joint administrative board consisting of such
membership and possessing such delegated authorities as the
respective boards deem necessary and prudent for the operation of such shared facilities. Such joint administrative board may
consist of five members to be appointed as follows: The county
board of education shall appoint two members in consultation with
the county superintendent of schools; the appropriate governing
board shall appoint two members in consultation with the
president of the affected state institution of higher education;
and one at-large member, who shall chair the joint administrative
board, shall be appointed by mutual agreement of the respective
boards in consultation with their superintendent and president.
When two or more county boards of education are participating in
such shared program, such county board appointments shall be made
by mutual agreement of each of the participating county boards in
consultation with their respective superintendents. Members
shall serve for staggered terms of three years. With respect to
initial appointments, one member appointed by the county board or
boards of education and one member appointed by the governing
board shall serve for one year, one member appointed by the
county board or boards of education and one member appointed by
the governing board shall serve for two years and the at-large
member shall serve for three years. Subsequent appointments
shall be for three years. A member may not serve more than two consecutive terms. Members shall be reimbursed for reasonable
and necessary expenses actually incurred in the performance of
their duties as board members from funds allocated to the shared
facility, except that members who are employed by a board of
education, governing board or state institution of higher
education shall be reimbursed by their employer.
ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-
TECHNICAL-OCCUPATIONAL EDUCATION.
§18B-3A-1b. Definitions.
As used in this article:
(a) "Secondary vocational education" shall mean means any
high school level course or program which results or may result
in a high school diploma or its equivalent, under the
jurisdiction of the state board of education.
(b) "Post-secondary vocational education" shall mean means
any college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of directors or the board of
governors.
(c) "Adult basic education" shall mean means adult basic
skills education designed to satisfy the basic literacy needs of adults; to improve and/or upgrade information processing skills,
communication skills, and computational skills leading to a high
school equivalency diploma, under the jurisdiction of the state
board of education.
(d) "Adult occupational education" shall mean means adult
skill training beyond the high school level not leading to a
certificate or college credit, under the jurisdiction of the
joint commission for vocational-technical-occupational education.
(e) "Adult technical preparatory education" shall mean means
adult skill training beyond the high school level, but less than
the associate degree, leading to a certificate and/or articulated
with post-secondary vocational education, under the jurisdiction
of the joint commission for vocational-technical-occupational
education.
§18B-3A-2. Composition of commission; terms of members;
qualifications of members.
The members appointed by the governor of this state shall
include all of the following:
(a) Seven individuals who shall be are representatives from
business, industry and agriculture, including one member
representing small business concerns, one member of whom shall
represent represents the West Virginia development office, one member of whom shall represent represents proprietary schools and
one member of whom shall represent represents labor
organizations. In selecting private sector individuals under
this subdivision, the governor of this state shall give due
consideration to the appointment of individuals who serve on a
private industry council or other appropriate state agencies.
(b) Six individuals, three of whom shall be representatives
of represent secondary vocational-technical-occupational
education appointed by the governor of this state, with advice
from the state superintendent of schools, and three of whom shall
be representatives of represent post-secondary vocational-
technical-occupational education appointed by the governor, with
advice from the chancellor of the board of directors and the
chancellor of the board of governors.
In addition to the members appointed by the governor of this
state, the state superintendent of schools, the chancellor of the
board of governors and the chancellor of the board of directors
shall serve as ex officio members.
Members of the commission shall serve for overlapping terms
of four years, except that the original appointments to the
commission shall be for staggered terms allocated in the following manner: One member recommended for appointment by
agreement of the chancellors, the chancellor one member
recommended for appointment by the state superintendent of
schools, and two members appointed by the governor of this state,
all for terms of two years; one member recommended for
appointment by agreement of the chancellors, the chancellor one
member recommended for appointment by the state superintendent of
schools and two members appointed by the governor of this state,
all for terms of three years; and one member recommended for
appointment by the state superintendent of schools, one member
recommended for appointment by agreement of the chancellors the
chancellor and three members appointed by the governor of this
state, all for terms of four years.
§18B-3A-4. Duties and responsibilities.
The joint commission shall have has the duties and
responsibilities set forth in the provisions of section two,
article two-b, chapter eighteen of this code, and in addition
shall:
(a) Meet with the state board of education, and the board of
directors and the board of governors, or their representatives,
to advise them on state plans for vocational education; and
(b) Advise the state board of education, the board of
governors and the board of directors, and report to the
Legislature by the first day of December one thousand nine
hundred eighty-nine, and annually thereafter regarding all of the
following:
(1) Policies the state should pursue to strengthen
vocational education with special emphasis on programs for the
handicapped; and
(2) Programs and methods through which the private sector
could undertake to assist in the modernization of vocational
education programs;
(c) Supervise the governance of all secondary and
post-secondary vocational education programs in the state,
including the programs assisted under the federal Vocational
Education Act and the Job Training Partnership Act, and shall
implement policies to both coordinate programs of the state board
of education, the board of governors and the board of directors
and to eliminate duplicative programs of same;
(d) Coordinate the delivery of vocational-technical- occupational education in a manner designed to provide the
greatest yet most reasonable level of accessibility to students in consideration of the most efficient use of available public
funds;
(e) Encourage through articulation the most efficient
utilization of available resources, both public and private, to
meet the needs of vocational-technical-occupational education
students;
(f) Analyze and report to the governor of this state and the
Legislature on the distribution of spending for vocational
education in the state and on the availability of vocational
education activities and services within the state;
(g) Consult with the state board of education, the board of
governors and the board of directors on evaluation criteria for
vocational education programs in the state;
(h) Recommend to the state board of education, the board of
governors and the board of directors on the delivery of
vocational education programs in the state which emphasize the
involvement of business and labor organizations;
(i) Assess and report to the governor of this state and the
Legislature on the distribution of federal vocational education
funding provided under Public Law 98-524, with an emphasis on the
distribution of financial assistance among secondary and post-secondary vocational education programs;
(j) Recommend procedures to the state board of education,
the board of governors and the board of directors to ensure and
enhance public participation in the provision of vocational
education at the local level, with an emphasis on programs which
involve the participation of local employers and labor
organizations;
(k) Report to the state board of education, the board of
governors, the board of directors, and the Legislature on the
extent to which equal access to quality vocational education
programs is provided to handicapped and disadvantaged
individuals, adults who are in need of training and retraining,
individuals who are single parents or homemakers, individuals
participating in programs designed to eliminate sexual bias and
stereotyping in vocational education, and criminal offenders
serving in correctional institutions;
(l) Evaluate at least once every two years:
(1) The adequacy and effectiveness of the vocational
educational systems assisted under the federal Vocational
Education Act and the Job Training Partnership Act in achieving
the objectives defined in those acts; and
(2) Develop uniform guidelines for the transferability of
credits among institutions in the state and transferability of
credits between and among the systems of higher education and the
state board of education; and
(m) Designate lead institutions and do a region by region
study of existing programs, define peculiar needs of each region
and devise a statewide plan for secondary and post-secondary
vocational education.
(n) The secretary of the department of education and the
arts shall be is responsible for staffing the joint commission,
utilizing existing personnel, equipment and offices of the state
board of education, the board of governors and the board of
directors.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Officers of governing boards; employment of
chancellors and senior administrator; offices.
(a) At its annual meeting in June of each year, each
governing board shall elect from its members appointed by the
governor of this state a president and other officers as it may
consider considers necessary or desirable: Provided, That the
initial annual meeting of the board of governors shall be held
during July, one thousand nine hundred eighty-nine ninety-nine. The president and other officers shall be elected for a one-year
term commencing on the first day of July following the annual
meeting and ending on the thirtieth day of June of the following
year. The president of the board shall may serve no more than
two consecutive terms.
(b) Each governing board shall employ a chancellor who
shall serve at the will and pleasure of the employing board and
shall assist the governing board in the performance of its duties
and responsibilities. No chancellor may hold or retain any other
administrative position within the system of higher education
while employed as chancellor. Each chancellor is responsible for
carrying out the directives of the governing board by which he or
she is employed and shall work with the board in developing
policy options. For the purpose of developing or evaluating
policy options, the chancellors may request the assistance of the
presidents and other administrative heads of the institutions
under their jurisdiction and their staffs. The respective
chancellors shall jointly agree to and shall hire one senior
administrator who shall serve serves at their will and pleasure
in accordance with section two of this article.
(c) The vice chancellor for health sciences shall coordinate the West Virginia university school of medicine, the
Marshall university school of medicine and the West Virginia
school of osteopathic medicine.
(d) Suitable offices for the senior administrator and other
staff shall be provided in Charleston.
(e) The chancellor of the university of West Virginia board
of trustees, and the chancellor of the board of directors of the
state college system and the chancellor of the state system of
freestanding community and technical colleges shall establish a
plan and funding recommendations for development and
implementation of a multifaceted instructional technology
strategy that includes, but is not limited to, a goal that every
full-time freshman student beginning in the fall semester, one
thousand nine hundred ninety-six, and thereafter and as many
other students and faculty as possible will own or lease a
computer, and alternatively that computers be available for part- time students through on-site labs; the integration of computer
usage into all course work; the involvement of faculty in the
development and use of technology-based instruction and
instructional courseware for community and technical colleges,
colleges and universities; and the expansion of distance learning and technology networks throughout the higher education systems
to enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort,
increase the delivery of instruction to nontraditional students,
provide services to business and industry, and increase the
management capabilities of the higher education system. The
chancellors shall submit the plan to the Legislature on or before
the first day of July, one thousand nine hundred ninety-seven.
The chancellor of the university of West Virginia board of
trustees, and the chancellor of the board of directors of the
state college system and the chancellor of the state system of
freestanding community and technical colleges shall supervise the
administration, oversight, coordination and implementation of the
plan, or portions of the plan, subject to the availability of
funds and the direction of the governing boards. In addition,
the chancellors shall review all technology related matters
within the department of education and the arts and suggest
appropriate integration and compatibility of the technology
systems within the department and the institutions governed by
the board boards.
(f) The governing boards board of trustees and the board of directors
shall jointly employ a vice chancellor for community
and technical education pursuant to the provisions of section
three-a, article three of this chapter.
§18B-4-2. Senior administrator's powers and duties generally.
(a) The senior administrator has a ministerial duty, in
consultation with and under direction of the chancellors, to
perform such functions, tasks and duties as may be necessary to
carry out the policy directives of the governing boards and such
other duties as may be prescribed by law.
(b) The senior administrator may employ and discharge, and
shall supervise, such professional, administrative, clerical and
other employees as may be necessary to these duties and shall
delineate staff responsibilities as deemed desirable and
appropriate. The senior administrator shall fix the compensation
and emoluments of such employees: Provided, That effective the
first day of July, one thousand nine hundred ninety, those
employees whose job duties meet criteria listed in the system of
job classifications as stated in article nine of this chapter
shall be accorded the job title, compensation and rights
established in said article as well as all other rights and
privileges accorded classified employees by the provisions of this code.
(c) The senior administrator shall follow state and national
educational trends and gather data on higher educational needs.
(d) The senior administrator, in accordance with established
guidelines and in consultation with and under the direction of
the chancellors, shall administer, oversee or monitor all state
and federal student assistance and support programs administered
on the state level, including those provided for in chapter
eighteen-c of this code.
(e) The senior administrator has a fiduciary responsibility
to administer the tuition and registration fee capital
improvement revenue bond accounts of the governing boards.
(f) The senior administrator shall administer the purchasing
system or systems of the governing boards.
(g) The senior administrator shall be is responsible for the
management of the West Virginia network for educational
telecomputing (WVNET). The senior administrator shall establish
a computer policy board, which shall be representative of both
represent the university system, the freestanding community and
technical college system and the college system. It shall be is
the responsibility of the computer policy board to recommend to the secretary of the department of education and the arts
policies for a statewide shared computer system.
(h) Any program or service authorized or required to be
performed by the governing boards and not specifically assigned
to the board of trustees, or the board of directors or the board
of governors may be administered by the senior administrator.
Such The program or service may include, but shall not be is not
limited to, telecommunications activities and other programs and
services provided for under grants and contracts from federal and
other external funding sources.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-1. Budget appropriations.
The budget appropriations for the state system of higher
education under this chapter and other provisions of law shall
consist of three major areas of appropriation consisting of: (1)
An appropriation for the higher education governing boards which
shall be for the operation of the governing boards, the central
office, the senior administrator and the staff of the senior
administrator; (2) separate control accounts or institutional
control accounts, or some combination of such accounts, for
appropriations to the board of trustees to be allocated to the
institutions under the state university system, and to the board of directors to be allocated to the state college system, and to
the board of governors to be allocated to the institutions under
the state system of freestanding community and technical
colleges; and (3) such special tuition and registration fee
special capital improvement funds and revenue bond funds as may
be necessary for the disposition of tuition and registration fee
collections to protect the interests of all holders of
obligations for which such the fees were pledged by the board of
regents and shall remain pledged under the governing boards.
The appropriations for the state university system and the
state college system until the first day of July, one thousand
nine hundred ninety-one, shall be in the same percentages of the
total of the appropriations to such accounts as the percentages
of the combined institutions under such systems received in
allocations in the fiscal year one thousand nine hundred eighty- eight--eighty-nine.
§18B-5-2. Resource allocation model and policies; allocation of
appropriations.
(a) To promote the missions and achieve the goals and
objectives of the systems under their jurisdiction and to provide
information and guidance for the allocation of funding between
the two three systems in an equitable manner, the governing boards, through the central office, shall develop a resource
allocation model for the allocation of general revenue funds
appropriated for the state system of higher education. In
developing the resource allocation model, the boards shall
consider such factors as peer institution information, enrollment
information and such other data as shall further furthers an
equitable distribution of general revenue funds for higher
education. The governing boards, through the central office,
shall develop the model prior to the first day of July, one
thousand nine hundred ninety-three, and may modify the model
thereafter: Provided, That such modifications are subject to the
provisions of article three-a, chapter twenty-nine-a of this
code.
At such time as the time budget information for the next
fiscal year shall be is due, each year the governing boards shall
annually make allocation decisions for the upcoming fiscal year
in accordance with the model then in effect and shall inform the
secretary of education and the arts of the division of the
recommended appropriation for higher education for submission to
the appropriate state agency for incorporation in the executive
budget. The governing boards shall provide such other information as may be requested by the secretary of education and
the arts to support the allocation division. Prior to the first
day of January of each year, the governing boards shall present
this and any other appropriate information to the Legislature to
support the proposed allocation of appropriation as between the
governing boards.
(b) To promote the missions and achieve the goals and
objectives of the institutions under the jurisdiction of the
board of trustees and board of directors governing boards and to
provide information and guidance for the allocation of funding
among the institutions in the separate systems in an equitable
manner in relation to their missions, goals and objectives, the
board of trustees and the board of directors governing boards
shall each develop a resource allocation policy based on
comparative information which includes the following factors:
(1) Full-time equivalent enrollment;
(2) Average state appropriations per full-time-equivalent
student at similar institutions in the southern regional
education board; and
(3) Other relevant factors.
The Legislature finds that an emergency situation exists and therefore, the governing boards are hereby authorized to
establish by emergency rule a resource allocation policy for each
governing board prior to the first day of January, one thousand
nine hundred ninety-four. Either governing board may modify its
policy thereafter, such A governing board may modify its policy,
the modification to be submitted to the legislative oversight
commission on education accountability subject to the provisions
of article three-a, chapter eighteen-a of this code.
Upon approval of the resource allocation policy, each
governing board, prior to the first day of January of each year,
shall present information to the secretary of education and the
arts and the Legislature which sets forth the allocation
decisions made by the respective governing boards for the then
current fiscal year based on the policy then in effect, and the
allocation decisions proposed for the next year, based on the
policy in effect for the next succeeding fiscal year.
(c) From appropriations to the institutional control
accounts of the respective governing boards for allocation to the
state institutions of higher education under their jurisdiction,
the governing boards shall allocate all such funds above the
amounts actually allocated from appropriations for fiscal year one thousand nine hundred ninety-three to their respective
institutions proportional to such amounts as are indicated by
application of the resource allocation policy then in effect.
For fiscal year one thousand nine hundred ninety-four, all
funds that are in excess of the funds received by the governing
boards for expenditure by the state institutions of higher
education for fiscal year one thousand nine hundred ninety-three
shall be allocated in accordance with the governing boards'
resource allocation model and each governing board's
institutional resource allocation policy to the extent that a
policy is in place, whether or not the policy has been approved
in accordance with the provisions of subsection (b) of this
section.
(d) Beginning with fiscal year one thousand nine hundred
ninety-five, each governing board shall apply its resource
allocation policy to existing base budgets in order to effect an
equalization of the institutional state funding differences at
twenty percent per year over a five-year period until such time
as the percentage of institutional differences as determined by
the resource allocation policy for that system are equalized.
After a five-year phase-in period, all appropriations to the institutional accounts of the respective governing boards shall
be allocated to their respective institutions proportional to
such amounts as are indicated by application of the resource
allocation policy for that system.
(e) From appropriations for the higher education governing
boards, the governing boards shall jointly allocate funds for the
operation of the central office under the senior administrator
and shall share equally the cost of suitable offices for the
senior administrator and other staff in Charleston.
(f) Any tuition and registration fee collections paid into
tuition and registration fee special capital improvement funds
and special revenue bond funds which accrue in excess of the
amounts necessary to protect the interests of all holders of
obligations for which such the fees were pledged by the board of
regents and shall remain pledged under the governing boards,
shall be allocated to each governing board in proportion to the
amounts of such the fees collected through the institutions under
its jurisdiction and shall be deposited in special capital
improvement funds in the state treasury under the name of the
governing board for expenditure for capital improvements at the
institutions under the appropriate board's jurisdiction.
§18B-5-2b. Resource allocation policy relief.
Repealed.
ARTICLE 6. ADVISORY COUNCILS OF FACULTY.
§18B-6-5. Creation of advisory council on federal resources;
appointment, terms and qualifications of members; vacancies;
compensation and expenses; meetings; quorum.
There is hereby created an advisory council to be known as
the higher education advisory council on federal resources. The
council shall review the state plan for administration of the
federal Higher Education Facilities Act of 1963 and Titles I and
VI of the federal Higher Education Act of 1965, as amended. The
council shall also evaluate proposals pertaining to the
aforementioned federal acts and shall submit such any
recommendations as it deems it considers appropriate to the
secretary of education and the arts. The council shall be
involved in every significant function of the office of the
secretary, including governing boards under the jurisdiction of
the secretary, pertaining to said federal acts.
The advisory council shall consist of twelve consists of
eighteen members to be appointed as follows: One member of the
board of trustees appointed by the president of the board of
trustees, one member of the board of directors appointed by the president of the board of directors, one member of the board of
governors appointed by the president of the board of governors,
two members appointed by the board of trustees to represent the
public at large, two members appointed by the board of directors
to represent the public at large, two members appointed by the
board of governors to represent the public at large, two members
appointed by each governing board to represent the state
institutions of higher education under its control, and one
member appointed by each governing board to represent private
institutions of higher education under its jurisdiction:
Provided, That the two three members representing private
institutions of higher education shall be presidents of a private
institution, and, of the four six members representing public
institutions of higher education, one appointed by each governing
board shall be a president of a state institution of higher
education. The secretary of education and the arts shall appoint
a chairman of the advisory council who shall be selected from the
representatives of the public at large.
The members shall serve for a term of six years. except
that the original appointments shall be as follows: Four members
to serve two years, four members to serve four years, and four members to serve six years. Such appointments shall be made no
later than the first day of September, one thousand nine hundred
eighty-nine The secretary of education and the arts shall
appoint a member to fill any vacancy, which member shall serve
for the unexpired term of the vacating member. All shall be
members are eligible for reappointment.
The members of the advisory council shall serve without
compensation, but shall be reimbursed for their necessary
expenses actually incurred in the performance of their official
duties not to exceed twenty-five dollars per day plus an
allowance of twenty cents per mile actually traveled to and from
such meetings.
A meeting of the advisory council shall be held on or before
the first day of November, one thousand nine hundred eighty-nine,
and thereafter The advisory council shall meet at least annually
and at such other times as necessary upon the call of the
chairman. Five members of the advisory council shall constitute
a quorum, and a majority vote of the quorum shall be is necessary
to pass upon matters before the council.