H. B. 4114
(By Delegate Houston)
[Introduced January 21, 2000; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section three-a, article three, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
establishment of child care services for enrolled students at
community and technical colleges.
Be it enacted by the Legislature of West Virginia:
That section three-a, article three, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 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 of higher education involved in community
and technical college education.
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, Pocohontas, 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 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 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 under the
jurisdiction of the 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. 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; and
(7) Provide, staff and maintain within budget limitations a
child care center to serve the child care needs of students who are attending class.
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. 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 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 decision making;
(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.
NOTE: The purpose of this bill is to make enrollment in
programs more viable for persons with preschool children.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.