ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4811
(By Delegates Mezzatesta, Stemple, Davis, Romine,
Armstead, Williams and Ennis)
(Originating in the House Committee on Finance)
[March 9, 2000]
A BILL to amend and reenact section ten, article two, chapter two
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section forty-
eight, article three, chapter five-a of said code; to amend
and reenact section eleven, article three, chapter twelve of
said code; to amend and reenact sections one-d, two, three
and six, article one, chapter eighteen-b of said code; to
amend said article by adding thereto a new section,
designated section one-a; to amend said chapter by adding
thereto four new articles, designated articles one-a, one-b,
two-a and three-f; to amend and reenact articles three-a and
three-c of said chapter; to amend and reenact section two,
article four of said chapter; to amend said article by
adding thereto a new section, designated section eight; to
amend and reenact sections three and four, article five of
said chapter; to amend and reenact section one, article six of said chapter; to amend said article by adding thereto
four new sections, designated sections one-a, two-a, three-a
and four-a; to amend and reenact section one, article seven
of said chapter; to amend and reenact sections two and ten,
article nine of said chapter; to amend and reenact sections
one and eight, article ten of said chapter; to amend article
fourteen of said chapter by adding thereto two new sections,
designated sections eight and nine; and to amend and reenact
sections one and eighteen, article three-a, chapter twenty-
nine-a of said code, all relating to education; public
education; post-secondary education; motor vehicle and
travel rules; goals for post-secondary education; retirement
and separation incentives; defining terms; compact with
higher education; institutional compacts; peer institutions;
legislative financing goals; financing; institutional
operating budget; additional funding; graduate education;
repealing inconsistent and obsolete sections; education
policy commission; development of a public policy agenda;
composition of commission; terms and qualifications of
commission members; vacancies; eligibility for
reappointment; oath of office; removal from office; meetings
and compensation of commission; powers and duties of
commission; chief executive officer; chief of operations;
executive director for community colleges and workforce
development; executive director for health sciences research
and development; institutional presidents; evaluation;
implementation team; report cards; statewide master plan; institutional boards of advisors; state advisory councils of
faculty, classified staff and students; community and
technical college system; essential conditions for community
and technical colleges; responsibility districts;
presidents; programs; district consortia committee; process
for achieving independently accredited community and
technical colleges; increasing flexibility; tuition and
fees; shared facilities and resources; creating the
community and technical college serving the Kanawha valley;
statewide task force on teacher quality; and statewide task
force on student financial aid.
Be it enacted by the Legislature of West Virginia:
That section ten, article two, chapter two of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section forty-eight, article
three, chapter five-a of said code be amended and reenacted; that
section eleven, article three, chapter twelve of said code be
amended and reenacted; that sections one-d, two, three and six,
article one, chapter eighteen-b of said code be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section one-a; that said chapter be
further amended by adding thereto four new articles, designated
articles one-a, one-b, two-a and three-f; that articles three-a
and three-c of said chapter be amended and reenacted; that
section two, article four of said chapter be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section eight; that sections three and four, article five of said chapter be amended and reenacted; that
section one, article six of said chapter be amended and
reenacted; that said article be further amended by adding thereto
four new sections, designated sections one-a, two-a, three-a and
four-a; that section one, article seven of said chapter be
amended and reenacted; that sections two and ten, article nine of
said chapter be amended and reenacted; that sections one and
eight, article ten of said chapter be amended and reenacted; that
article fourteen of said chapter be amended by adding thereto two
new sections, designated sections eight and nine; and that
sections one and eighteen, article three-a, chapter twenty-nine-a
of said code be amended and reenacted, all to read as follows:
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS,
DEFINITIONS AND LEGAL CAPACITY.
ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION
OF
STATUTES; DEFINITIONS.
§2-2-10. Rules for construction of statutes.
The following rules shall be observed in the construction of
statutes, unless a different intent on the part of the
Legislature be apparent from the context:
(a) A word importing the singular number only may be applied
to several persons or things, as well as to one person or thing;
a word importing the plural number only may be applied to one
person or thing as well as to several; and a word importing the
masculine gender only may be applied to females as well as males;
(b) Words purporting to give a joint authority to three or
more persons confer such authority upon a majority of them, and not upon any less number;
(c) The words "written" or "in writing" include any
representation of words, letters or figures, whether by printing,
engraving, writing or otherwise. But when the signature of any
person is required, it must be in his or her own proper
handwriting, or his or her mark, attested, proved or
acknowledged: Provided, That unless a provision of this code
specifically provides otherwise, an electronic signature
satisfies this signature requirement if the electronic signature
meets the requirements of subsection (a), section three, article
five, chapter thirty-nine of this code;
(d) The words "preceding", "succeeding" or "following" used
in reference to any section or sections of a chapter or statute,
mean next preceding, next succeeding or next following that in
which such reference is made, unless a different interpretation
be required by the context;
(e) An officer shall be deemed to have qualified when he or
she has done all that is required by law to be done before
proceeding to exercise the authority and discharge the duties of
his or her office;
(f) The words "the governor" are equivalent to "the
executive of the state" or "the person having the executive
power";
(g) "Justice" or "justices" as used in article one, chapter
fifty-one of this code and in other references to a member or
members of the supreme court of appeals shall mean and apply to
a judge or the judges of said court as provided for in the constitution of the state. The word "justice" in any other
context is equivalent to the words "justice of the peace," and
the word "notary" is equivalent to "notary public";
(h) The word "state," when applied to a part of the United
States and not restricted by the context, includes the District
of Columbia and the several territories, and the words "United
States" also include the said district and territories;
(i) The word "person" or "whoever" shall include
corporations, societies, associations and partnerships, if not
restricted by the context;
(j) The words "personal representative" include the executor
of a will, the administrator of the estate of a deceased person,
the administrator of such estate with the will annexed, the
administrator de bonis non of such estate, whether there be a
will or not, the sheriff or other officer lawfully charged with
the administration of the estate of a deceased person, and every
other curator or committee of a decedent's estate for or against
whom suits may be brought for causes of action which accrued to
or against such decedent;
(k) The word "will" embraces a testament, a codicil, an
appointment by will or writing in the nature of a will in
exercise of a power, also any other testamentary disposition;
(l) The word "judgment" includes decrees and orders for the
payment of money or the conveyance or delivery of land or
personal property, or some interest therein, or any undertaking,
bond or recognizance which has the legal effect of a judgment;
(m) The words "under disability" include persons under the age of eighteen years, insane persons, and convicts while
confined in the penitentiary;
(n) The words "insane person" include everyone who has
mental illness as defined in section two, article one,
chapter twenty-seven of this code;
(o) The word "convict" means a person confined in the
penitentiary of this or any other state, or of the United States;
(p) The word "land" or "lands" and the words "real estate"
or "real property" include lands, tenements and hereditaments,
all rights thereto and interests therein except chattel
interests;
(q) The words "personal estate" or "personal property"
include goods, chattels, real and personal, money, credits,
investments and the evidences thereof;
(r) The word "property" or "estate" embraces both real and
personal estate;
(s) The word "offense" includes every act or omission for
which a fine, forfeiture or punishment is imposed by law;
(t) The expression "laws of the state" includes the
constitution of the state and the constitution of the United
States, and treaties and laws made in pursuance thereof;
(u) The word "town" includes a city, village or town, and
the word "council," any body or board, whether composed of one or
more branches, who are authorized to make ordinances for the
government of a city, town or village;
(v) When a council of a town, city or village, or any board,
number of persons or corporations, are authorized to make ordinances, bylaws, rules, regulations or orders, it shall be
understood that the same must be consistent with the laws of this
state;
(w) The words "county court" include any existing tribunal
created in lieu of a county court; the words "commissioner of the
county court" and "county commissioner" mean, and have reference
to, the commissioners, or one of them, composing the county
court, in pursuance of section twenty-two, article eight of the
constitution, as amended, or any existing tribunal created in
lieu of a county court;
(x) The word "horse" embraces a stallion, a mare and a
gelding;
(y) The words "railroad" and "railway" shall be construed by
the courts of this state to mean the same thing in law; and, in
any proceeding wherein a railroad company or a railway company is
a party, it shall not be deemed error to call a railroad company
a railway company or vice versa; nor shall any demurrer, plea or
any other defense be set up to a motion, pleading or indictment
in consequence of such misdescription;
(z) The sectional headings or headlines of the several
sections of this code printed in black-faced type are intended as
mere catchwords to indicate the contents of the section and shall
not be deemed or taken to be titles of such sections, or as any
part of the statute, and, unless expressly so provided, they
shall not be so deemed when any of such sections, including the
headlines, are amended or reenacted;
(aa) The words "infant" and "minor" mean persons under the age of eighteen years as such words are used in this code or in
rules and regulations promulgated by the supreme court of
appeals;
(bb) A statute is presumed to be prospective in its
operation unless expressly made retrospective;
(cc) Unless there is a provision in a section, article or
chapter of this code specifying that the provisions thereof shall
not be severable, the provisions of every section, article or
chapter of this code, whether enacted before or subsequent to the
effective date of this subdivision, shall be severable so that if
any provision of any such section, article or chapter is held to
be unconstitutional or void, the remaining provisions of such
section, article or chapter shall remain valid, unless the court
finds the valid provisions are so essentially and inseparably
connected with, and so dependent upon, the unconstitutional or
void provision that the court cannot presume the Legislature
would have enacted the remaining valid provisions without the
unconstitutional or void one, or unless the court finds the
remaining valid provisions, standing alone, are incomplete and
are incapable of being executed in accordance with the
legislative intent: Provided, That if any such section, article
or chapter of this code has its own severability clause, then
such severability clause shall govern and control with respect to
such section, article or chapter in lieu of the provisions of
this subdivision. The provisions of this subdivision shall be
fully applicable to all future amendments or additions to this
code, with like effect as if the provisions of this subdivision were set forth in extenso in every such amendment or addition and
were reenacted as a part thereof, unless such amendment or
addition contains its own severability clause;
(dd) A reference to any section, article or chapter of this
code applies to all reenactments, revisions or amendments
thereof;
(ee) If a statute refers to a series of numbers or letters,
the first and the last numbers or letters in the series are
deemed to be included;
(ff) The words "board of regents," wherever they appear in
the code, means the board of trustees created by section one,
article one, chapter eighteen-b of this code and the board of
directors created by section one, article one, chapter eighteen-b
of this code unless the term is used in relation to activities
conducted solely by an institution or institutions governed by
article two, chapter eighteen-b of this code in which case it
only means the board of trustees, or where the term is used in
relation to activities conducted solely by an institution or
institutions governed by article three, chapter eighteen-b of the
code in which case it only means the board of directors.
(ff) The words "board of regents", "board of trustees", and
"board of directors" wherever they appear in this code, in the
context of higher education governing boards, mean the education
policy commission established in section one, article one-b,
chapter eighteen-b of this code.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-48. Travel rules; exceptions.
The secretary of administration shall promulgate rules
relating to the ownership, purchase, use, storage, maintenance
and repair of all motor vehicles and aircraft owned by the state
of West Virginia and in the possession of any department,
institution or agency thereof: Provided, That the provisions of
sections forty-eight through fifty-three of this article shall
do not apply to the division of highways of the department of
transportation, the division of public safety of the department
of military affairs and public safety, the division of natural
resources, the division of forestry, the department of
agriculture, and the education policy commission and the state
institutions of higher education under its jurisdiction:
governing boards and their institutions: Provided, however, That
the state institutions of higher education governing boards and
their institutions shall report annually to the secretary of
education and the arts chief executive officer of the education
policy commission and the legislative oversight commission on
education accountability in a form and manner as required by the
secretary of education and the arts chief executive officer.
Such report shall include at least the following: The number of
vehicles purchased and the purchase price, the number of donated
vehicles, and the cost of lease agreements on leased vehicles.
If, in the judgment of the secretary of administration,
economy or convenience indicate the expediency thereof, the
secretary may require all vehicles and the aircraft subject to
regulation by this article, or such of them as he or she may designate, to be kept in such garages, and other places of
storage, and to be made available in such manner and under such
terms for the official use of such departments, institutions,
agencies, officers, agents and employees of the state as the
secretary may designate by any such rule as he or she may from
time to time promulgate. The secretary also has the authority to
administer the travel regulations promulgated by the governor in
accordance with section eleven, article three, chapter twelve of
this code, unless otherwise determined by the governor.
Provisions of this section relating to the governing boards
of higher education and the institutions under their jurisdiction
shall expire on the first day of July, two thousand one, unless
the continuation thereof is authorized by the legislative
oversight commission on education accountability.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-11. Travel expenses; rules to be promulgated concerning
same; dues to voluntary organizations; recruitment expenses
for the higher education policy commission; moving expenses
of employees of the higher education policy commission.
The governor shall promulgate rules and regulations
concerning out-of-state travel by state officials and employees,
except those in the legislative and judicial branches of the
state government and except for the attorney general, auditor,
secretary of state, treasurer, board of investments, commissioner
of agriculture and their employees, and the education policy
commission, and the higher education governing boards and institutions under their its jurisdiction. The Legislature, the
supreme court of appeals and the attorney general, auditor,
secretary of state, treasurer, board of investments, commissioner
of agriculture, and the higher education governing boards
education policy commission shall promulgate rules and
regulations concerning out-of-state travel for their respective
branches and departments of state government. Copies of such
rules and regulations shall be filed with the auditor, and the
secretary of state. It shall be is unlawful for the auditor to
issue a warrant in payment of any claim for out-of-state travel
expenses incurred by a state officer or employee unless such
claim meets all the requirements of the rules and regulations so
filed.
Payment for dues or membership in annual or other voluntary
organizations shall be made from the proper item or appropriation
after an itemized schedule of such organizations, together with
the amount of such dues or membership, has been submitted to the
budget director and approved by the governor.
It shall be is lawful for a higher education governing board
the education policy commission to authorize the payment of
traveling expenses incurred by any person invited to visit the
campus of any state institution of higher education or any other
facility under control of the board policy commission to be
interviewed concerning his or her possible employment by the
board policy commission or agent thereof.
It shall be is lawful for a higher education governing board
the education policy commission to authorize payment of: (1) All or part of the reasonable expense incurred by a person newly
employed by the board policy commission in moving his or her
household furniture, effects and immediate family to his or her
place of employment; and (2) all or part of the reasonable
expense incurred by an employee of the board policy commission in
moving his or her household furniture, effects and immediate
family as a result of a reassignment of the employee which is
considered desirable, advantageous to and in the best interest of
the state: Provided, That no part of the moving expenses of any
one such employee shall may be paid more frequently than once in
twelve months.
Provisions of this section relating to the governing boards
of higher education and the institutions under their control
shall expire on the first day of July, two thousand one, unless
the continuation thereof is authorized by the legislative
oversight commission on education accountability.
CHAPTER 18B. HIGHER EDUCATION
ARTICLE 1. GOVERNANCE.
18B-1-1a. Goals for post-secondary education.
(a) Findings. - The Legislature finds that post-secondary
education is vital to the future of West Virginia. For the state
to realize its considerable potential in the twenty-first
century, it must have a system for the delivery of post-secondary
education which is competitive in the changing national and
global environment, is affordable within the state's fiscal
constraints, is economical for the state's residents, and has the
capacity to deliver the programs and services necessary to meet regional and statewide needs.
(1) West Virginia leads a national trend toward an aging
population; thus a declining percentage of working-age adults
will be expected to support a growing percentage of retirees.
Public school enrollments statewide have declined and will
continue to do so for the foreseeable future with a few notable
exceptions in growing areas of the state. As the state works to
expand and diversify its economy, it is vitally important that
young people entering the workforce from our education systems
have the knowledge and skills to succeed in the economy of the
twenty-first century. It is equally important that working-age
adults, who are the large majority of the current and potential
workforce, also possess the requisite knowledge and skills and
the opportunity to continue learning throughout their lifetimes.
The reality for West Virginia is that its future rests not only
on how well its youth are educated, but also on how well it
educates the entire population.
(2) Post-secondary education is changing throughout the
nation. Place-bound adults, employers and communities are
demanding that education and student services be accessible at
any time, at any place and at any pace. Institutions are seizing
the opportunity to provide academic content and support services
on a global scale by designing new courseware, increasing
information technology-based delivery, increasing access to
library and other information resources, and developing new
methods to assess student competency rather than "seat time" as
the basis for recognizing learning, allocating resources and ensuring accountability. In this changing environment, the state
must take into account the continuing decline in the public
school-age population, the limits of its fiscal resources and the
imperative need to serve the educational needs of working-age
adults. West Virginia can not afford to finance quality higher
education systems that aspire to offer a full array of
traditional programs and services while competing among
themselves for a dwindling pool of traditional applicants. The
competitive position of the state and its institutions will
depend fundamentally on its capacity to reinforce the quality and
differentiation of its institutions through policies that
encourage focus and collaboration.
(3) The current accountability system is exceptionally
complicated and largely defines accountability in terms of
institutional procedures. It also is not well equipped to
address crosscutting issues such as regional economic and
workforce development, community and technical college services,
collaboration with the public schools to improve quality and
student participation rates, access to graduate education, and
other broad issues of state interest. Severe fiscal constraints
require West Virginia to make maximum use of existing resources
to meet new demands. New investments must be targeted to those
initiatives designed to enhance and reorient existing capacity,
provide incentives for brokering and collaboration, and focus on
the new demands. It must have a single accountability point for
developing and building consensus around, and sustaining
attention to, the public policy agenda, and for allocating resources consistent with this policy agenda.
(4) The state should make the best use of the expertise
that private institutions of higher education, vocational and
technical programs and private proprietary schools can offer, and
recognize the importance of their contributions to the economic,
social and cultural well-being of their communities.
(b) Compact with higher education. - In pursuance of these
findings, it is the intent of the Legislature to engage higher
education in a statewide compact for the future of West Virginia,
as provided in article one-a of this chapter, that focuses on a
public policy agenda established by the education policy
commission that includes, but is not limited to, the following:
(1) Diversifying and expanding the economy of the state;
(2) Increasing the competitiveness of the state's
workforce and the availability of professional expertise by
increasing the number of college degrees produced to the level of
the national average, and significantly improving the level of
adult functional literacy; and
(3) Creating a system of higher education that is equipped
to succeed at producing the results outlined in this subsection.
(c) Elements of the compact with higher education. - It is
the intent of the Legislature that the compact with higher
education include the following elements:
(1) A step-by-step process, as provided in articles one-b,
three-c and three-f of this chapter, that will enable the state
to achieve its public policy agenda through a system of higher
education equipped to assist in producing the needed results. This process includes, but is not limited to, separate
institutional compacts with state institutions of higher
education that describe changes in institutional missions in the
areas of research, graduate education, admission standards,
community and technical college education, and geographic areas
of responsibility to accomplish the following:
(A) A capacity within higher education to conduct research
to enhance West Virginia in the eyes of the larger economic and
educational community and to provide a basis for West Virginia's
improved capacity to compete in the new economy through research
oriented to state needs;
(B) Access to graduate level programs in every region of
the state, particularly in teacher education related to teaching
within a subject area to improve teacher quality;
(C) Universities and colleges that have focused missions,
their own points of distinction and quality, and strong links
with the educational, economic, and social revitalization of
their regions and the state of West Virginia;
(D) Greater access and capacity to deliver technical
education, workforce development and other higher education
services to place-bound adults, thus improving the general levels
of post-secondary education attainment and literacy;
(E) Independently-accredited community and technical
colleges in every region of the state, to the extent possible,
that: (i) Assess regional needs; (ii) ensure access to
comprehensive community and technical college and workforce
development services within each of their respective regions; (iii) convene and act as a catalyst for local action in
collaboration with regional leaders, employers and other
educational institutions; (iv) provide and, as necessary, broker
educational services; (v) provide necessary student services;
(vi) fulfill such other aspects of the community and technical
college mission and general provisions for community and
technical colleges as provided for in article three-c of this
chapter; and (vii) make maximum use of existing infrastructure
and resources within their regions to increase access, including,
but not limited to, vocational technical centers, schools,
libraries, industrial parks, and work sites;
(2) Providing additional resources, subject to
availability and appropriation by the Legislature, as provided in
article one-a of this chapter, to make the state institutions of
higher education more competitive with their public peers, assist
them in accomplishing the elements of the public policy agenda,
and ensure the continuity of academic programs and services to
students;
(3) Establishing a process for the allocation of
additional resources which focuses on achieving the elements of
the public policy agenda and streamlines accountability for the
step-by-step progress toward achieving these elements within a
reasonable time frame as provided in article one-a of this
chapter;
(4) Providing additional flexibility to the state
institutions of higher education by making permanent the
exceptions granted to higher education relating to travel rules and vehicles pursuant to sections forty-eight through fifty-
three, article three, chapter five-a of this code, and section
eleven, article three, chapter twelve of this code;
(5) Revising the higher education governance structure to
make it more responsive to state and regional needs; and
(6) Any other elements that may be established by the
education policy commission.
(d) General goals for post-secondary education. - In
pursuance of the findings and the development of institutional
compacts with higher education for the future of West Virginia
pursuant to article one-a of this chapter, it is the intent of
the Legislature to establish general goals for post-secondary
education and to have the policy commission report the progress
toward achieving these goals in the higher education report card
required pursuant to section seven, article one-b of this chapter
and where applicable, made a part of the institutional compacts.
The Legislature establishes the general goals as follows:
(1) The overall focus of education should be on a lifelong
process as seamless as possible at all levels and is to encourage
citizens of all ages to increase their knowledge and skills.
Efforts in pursuit of this goal include, but are not limited to,
the following:
(A) Collaboration, coordination and interaction between
public and post-secondary education to: (i) Improve the quality
of public education, particularly with respect to ensuring that
the needs of public schools for teachers and administrators are
met; (ii) inform public school students at the earliest possible age, and their parents and teachers, of the academic preparation
that students need to be prepared adequately to succeed in their
selected fields of study and career plans for post-secondary
education, including college and careers; and (iii) improve
instructional programs in the public schools so that the students
enrolling in post-secondary education are adequately prepared;
(B) Collaboration, coordination and interaction between
public and private post-secondary education, proprietary schools,
workforce investment boards, the governor's council on literacy
and the state human resources investment council to promote the
effective and efficient utilization of workforce investment and
other funds to: (i) Provide greatly improved access to
information and services for individuals and employers on
education and training programs, financial assistance, labor
markets and job placement; (ii) increase awareness among the
state's citizens of the opportunities available to them to
improve their basic literacy, workforce and post-secondary skills
and credentials; and (iii) help improve their motivation to take
advantage of available opportunities by making the system more
seamless and user friendly;
(C) Collaboration, coordination and interaction between
public and post-secondary education on the development of
seamless curriculum in technical preparation programs of study
between the secondary and post-secondary levels; and
(D) Opportunities for advanced high school students to
obtain college credit prior to high school graduation.
(2) The number of degrees produced per capita by West Virginia institutions of higher education should be at the
national average and reasonably aligned with opportunities for
employment and state labor force needs. Efforts in pursuit of
this goal include, but are not limited to, the following:
(A) Collaboration, coordination and interaction between
public and post-secondary education, the governor's council on
literacy and the state human resources investment council to
promote to individuals of all ages the benefits of increased
post-secondary education attainment;
(B) Assistance in overcoming the financial barriers to
post-secondary education for both traditional and nontraditional
students;
(C) An environment within post-secondary education that is
student-friendly and that encourages and assists students in the
completion of degree requirements within a reasonable time frame.
The environment also should expand participation for the
increasingly diverse student population;
(D) A spirit of entrepreneurship and flexibility within
post-secondary education that is responsive to the needs of the
current workforce and other nontraditional students for upgrading
and retraining college-level skills; and
(E) The expanded use of technology for instructional
delivery and distance learning.
(3) All West Virginians, whether traditional or
nontraditional students, displaced workers or those currently
employed, should have access to post-secondary education
opportunities through their community and technical colleges, colleges and universities which: (i) Are relevant and affordable;
(ii) allow them to gain transferrable credits and associate or
higher level degrees; (iii) provide quality technical education
and skill training; and (iv) are responsive to business,
industry, labor and community needs.
(4) State institutions of higher education should prepare
students to practice good citizenship and to compete in a global
economy for well-paying jobs, which may require an advanced level
of education and skills that surpasses former requirements.
Efforts in pursuit of this goal include, but are not limited to,
the following:
(A) The development of entrepreneurial skills, through
programs such as the rural entrepreneurship through action
learning (REAL) program, which includes practical experience in
market analysis, business plan development and operations;
(B) Elements of citizenship development are included
across the curriculum in core areas, including practical
applications such as community service, civic involvement and
participation in charitable organizations, and in the many
opportunities for the responsible exercise of citizenship that
higher education institutions provide;
(C) Students are provided opportunities for internships,
externships, work study and other methods to increase their
knowledge and skills through practical application in a work
environment;
(D) College graduates meet or exceed national and
international standards for skill levels in reading, oral and written communications, mathematics, critical thinking, science
and technology, research and human relations;
(E) College graduates meet or exceed national and
international standards for performance in their fields through
national accreditation of programs and through outcomes
assessment of graduates; and
(F) Admission and exit standards for students,
professional staff development, program assessment and
evaluation, and other incentives are used to improve teaching and
learning.
(5) State institutions of higher education exceed peer
institutions in other states in measures of institutional
productivity and administrative efficiency. Efforts in pursuit
of this goal include, but are not limited to:
(A) The establishment of systematic ongoing mechanisms for
each state institution of higher education to set goals, to
measure the extent to which those goals are met and to use the
results of quantitative evaluation processes to improve
institutional effectiveness;
(B) The combination and use of resources, technology and
faculty to their maximum potential in a way that makes West
Virginia higher education more productive than its peer
institutions in other states while maintaining educational
quality; and
(C) The use of systemic program review to determine how
much duplication is necessary to maintain geographic access and
to eliminate unnecessary duplication.
(6) Post-secondary education enhances state efforts to
diversify and expand the economy of the state. Efforts in
pursuit of this goal include, but are not limited to the
following:
(A) The focus of resources on programs and courses that
offer the greatest opportunities for students and the greatest
opportunity for job creation and retention in the state;
(B) The focus of resources on programs supportive of West
Virginia employment opportunities and the emerging high-
technology industries;
(C) Closer linkages among higher education and business,
labor, government, and community and economic development
organizations; and
(D) Clarification of institutional missions and shifting
of resources to programs that meet the current and future
workforce needs of the state.
(7) Faculty, staff and administrators are compensated on
a competitive level with peer institutions to attract and keep
quality personnel at state institutions of higher education.
(8) The tuition and fee levels for in-state students are
competitive with those of peer institutions and the tuition and
fee levels for out-of-state students are set at a level which at
the least covers the full cost of instruction.
§18B-1-1d. Retirement and separation incentives.
(a) Retirement and separation incentives. Notwithstanding
any other provision of this code to the contrary, each state
institution of higher education may include in their its strategic plans pursuant to section one-c of this article,
policies that offer various incentives for voluntary, early or
phased retirement of employees, or voluntary separation from
employment when necessary to implement programmatic changes
effectively pursuant to the findings, directives, goals and
objectives of this article: Provided, That any incentives for
voluntary, early or phased retirement of employees, or voluntary
separation from employment, must be submitted by the governing
board policy commission to the legislative joint committee on
pensions and retirement and approved before such the policies are
adopted as part of the institution's strategic plan.
(b) Effective the first day of July, two thousand, each
state institution of higher education may implement, under its
institutional compact created pursuant to article one-a of this
chapter, policies that offer various incentives for voluntary,
early or phased retirement of employees, or voluntary separation
from employment, when necessary to implement programmatic changes
effectively: Provided, That the institution shall first meet all
the requirements, including the requirement for obtaining
legislative approval, set forth in this section.
(c) The policies may include the following provisions:
(1) Payment of a lump sum to an employee to resign or
retire;
(2) Continuation of full salary to an employee for a
predetermined period of time prior to the employee's resignation
or retirement and a reduction in the employee's hours of
employment during the predetermined period of time;
(3) Continuation of insurance coverage pursuant to the
provisions of article sixteen, chapter five of this code for a
predetermined period;
(4) Continuation of full employer contributions to an
employee's retirement plan during a phased retirement period; and
(5) That an employee retiring pursuant to an early or
phased retirement plan may begin collecting an annuity from the
employee's retirement plan prior to the statutorily designated
retirement date without terminating their his or her service with
the institution.
(d) No incentive provided for in this section shall may be
granted except in furtherance of programmatic changes undertaken
pursuant to the findings, directives, goals and objectives set
forth in this article.
No incentive proposed by an institution pursuant to this
section shall may become a part of the institution's approved
strategic plan or institutional compact or be implemented without
approval of the legislative joint committee on pensions and
retirement.
Any costs associated with any incentive adopted or
implemented in accordance with this section shall be borne
entirely by the institutions and no incentive shall may be
granted that imposes costs on the retirement systems of the state
or the public employees insurance agency unless those costs are
paid entirely by the institutions.
The Legislature further finds and declares that there is
a compelling state interest in restricting the availability and application of these incentives to individual employees
determined by the institutions to be in furtherance of the aims
of this section and nothing herein shall may be interpreted as
granting a right or entitlement of any such incentive to any
individual or group of individuals. Any employee granted
incentives shall be is ineligible for reemployment by the
institutions during or after the negotiated period of their his
or her incentive concludes, including contract employment in
excess of five thousand dollars per fiscal year.
(e) The West Virginia network for educational
telecomputing may utilize the incentives contained in any policy
approved by the legislative joint committee on pensions and
retirement pursuant to this section.
(b) Pilot flexibility initiative. -- The board of
directors is directed to submit a plan for a pilot flexibility
initiative to the legislative oversight commission on education
accountability on or before the first day of October, one
thousand nine hundred ninety-five. The plan shall include at
least the following: (1) A system whereby the state institutions
of higher education in the state college system may apply to the
board of directors for a waiver of board policies and rules; (2)
a detailed application for institutions seeking to participate in
the pilot flexibility initiative which shall set forth at a
minimum: (I) A statement of the specific goals and objectives
that the institution proposes to accomplish if the application is
approved; (ii) the specific board policies and rules which the
institution seeks to have waived for all or a portion of the waiver period; and (iii) proposed rules and policies under which
the institution would operate during the period of waiver; (3)
the process by which the board of directors will review the
application; (4) the person or body who shall have the final
authority to approve the application of not more than two
institutions; (5) the time period for which the waiver will be
granted; (6) the specific board policies and rules which the
institution may request to have waived; (7) the process by which
the rules and policies of the institutions participating in the
pilot flexibility initiative may modify its rules and policies;
and (8) the person or body to whom the institutions shall be
reporting during the period of waiver.
(c) It is the intent of this Legislature to review the
pilot flexibility plan and after such review to establish a pilot
flexibility initiative in the legislative session of one thousand
nine hundred ninety-six.
§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 unless the context clearly indicates a different
meaning:
(a) "Governing board" or "board" means the education
policy commission established in article one-b of this chapter
university of West Virginia board of trustees or the board of
directors of the state college system, 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;
(c)(b) "Freestanding community and technical colleges"
means southern West Virginia community and technical college, and
West Virginia northern community and technical college, and
eastern West Virginia community and technical college, which
shall may not be operated as branches or off-campus locations of
any other state institution of higher education;
(d)(c) "Community college" or "community colleges" means
community and technical college or colleges as those terms are as
that phrase is defined in this section;
(e)(d) "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 other state
institutions of higher education that have defined community and
technical college missions and districts and offer community and
technical college education in accordance with the provisions of
sections three-a, article three of this chapter sections seven
and eight, article three-c of this chapter;
(e) "Independently-accredited community and technical
college", in the singular or plural, means the freestanding
community and technical colleges and other state institutions of
higher education that have received independent accreditation
from the commission on institutions of higher education of the
north central association of college and schools (NCA) reflecting
external validation of a community and technical college mission. Only those institutions that have included a strategy and
measurable benchmarks for moving towards independently-accredited
community and technical college status in their institutional
compact shall be considered for enhancement funding under section
five, article one-a of this chapter;
(f) "Component community colleges" or those community and
technical colleges that do not include a strategy for
independent-accreditation status in their institutional compacts,
means institutions that provide community college services,
including the granting of associate degrees, workforce
development services, remedial education, and a range of services
which do not fulfill the essential conditions of an
independently-accredited community and technical college;
(f) (g) "Community and technical college education" means
the programs, faculty, administration and funding associated with
the mission of community and technical colleges as provided in
article three-c of this chapter section three-a, article three of
this chapter and also shall include post-secondary 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
and the board of trustees, respectively;
(g) (h) "Directors" or "board of directors" means the
education policy commission established in article one-b of this
chapter board of directors of the state college system created pursuant to article three of this chapter or the members thereof;
(i) "Essential conditions" means those conditions which
shall be met by independently accredited community and technical
colleges as provided in section three, article three-c of this
chapter;
(h) (j) "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;
(k) "Education policy commission", "policy commission" or
"commission" means the commission created pursuant to section
one, article one-b of this chapter;
(l) "Institutional operating budget", or "operating
budget", for any fiscal year, means an institution's total
unrestricted education and general funding from all sources in a
prior fiscal year, including but not limited to, tuition and fees
and legislative appropriation, and any adjustments to that
funding as approved by the commission based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(m) "Enhancement account" means either or both of two
accounts entitled "Independently-accredited community and
technical college development account" or "Peer equity
enhancement account" created pursuant to section five, article
one-a of this chapter;
(i) (n) "Post-secondary vocational education programs"
means any college-level course or program beyond the high school
level provided through an institution of higher education under the jurisdiction of the education policy commission, which
results in or may result in the awarding of a two-year associate
degree under the jurisdiction of the board of directors;
(j) (o) "Rule" or "rules" means a any regulation,
standard, policy or interpretation of general application and
future effect as defined in section two, article one, chapter
twenty-nine-a of this code;
(k) (p) "Senior administrator" means the person chief of
operations employed by the governing boards chief executive
officer in accordance with section one two, article four of this
chapter. The chief of operations shall assume all the powers and
duties that are assigned by law to the senior administrator with
powers and duties as may be provided for in section two of said
article;
(l) (q) "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) "State college system" means the state colleges and
community and technical colleges, and also shall includes
post-secondary vocational education programs in the state as
those terms are defined in this section;
(n) "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) (r) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of the education policy commission as that term is
defined in this section in the state university system or the
state college system as those terms are defined in this section;
(p) (s) "Trustees" and "board of trustees" means the
education policy commission established in article one-b of this
chapter university of West Virginia board of trustees created
pursuant to article two of this chapter or the members thereof;
(q) "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) "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) (t) "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 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 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) (u) 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;
(v) "Institutional Compact" means a compact between a state
institution of higher education and the commission, as described
in section two article one-a of this chapter;
(w) "Peer Institutions", "Peer Group" or "Peers" means
public institutions used for comparison purposes and selected by the commission pursuant to section three, article one-a of this
chapter;
(x) "Broker" or the act of "brokering" means serving as an
agent on behalf of students, employers, communities, or
responsibility areas to obtain educational services not offered
by a sponsoring institution. These services include courses,
degree programs, or other services contracted through an
agreement with a provider of educational services either in-state
or out-of-state;
(y) "Collaboration" means entering into an agreement with
one or more providers of educational services in order to enhance
the scope, quality, or efficiency of educational services; and
(z) "Incentive account" means either or both of two accounts
entitled "Research Challenge Account" or "Incentive Account for
Institutional Contributions to State Priorities" created pursuant
to section five, article one-a of this chapter.
§18B-1-3. Transfer of powers, duties, property, obligations,
etc., of prior governing boards to the education
policy commission.
(a) All powers, duties and authorities transferred to the
board of regents pursuant to former provisions of chapter
eighteen of this code are hereby ,and transferred to the board of
trustees and board of directors which were created as the
governing boards pursuant to the former provisions of this
chapter, and all powers, duties and authorities of the board of
trustees and board of directors to the extent they are in effect
on the effective date of this section, are hereby transferred to the education policy commission created in section one, article
one-b of this chapter and shall be exercised and performed by the
governing boards education policy commission as such powers,
duties and authorities may apply to each governing board the
education policy commission and to institutions under its
jurisdiction.
(b) Title to all property previously transferred to or
vested in the board of regents trustees and the board of
directors and property vested in either of the boards separately,
formerly existing under the provisions of chapter eighteen
eighteen-b of this code are hereby transferred to such governing
board as those titles may apply to property which is
appropriately under the jurisdiction of that governing board the
education policy commission created in section one, article one-b
of this chapter. Property transferred to or vested in the board
of regents trustees and board of directors shall include: (1) All
property vested in the board of governors of West Virginia
University and transferred to and vested in the West Virginia
board of regents; (2) all property acquired in the name of the
state board of control or the West Virginia board of education
and used by or for the state colleges and universities and
transferred to and vested in the West Virginia board of regents;
and (3) all property acquired in the name of the state commission
on higher education and transferred to and vested in the West
Virginia board of regents; and (4) all property acquired in the
name of the board of regents and transferred to and vested in the
respective board of trustees and board of directors.
(c) Each valid agreement and obligation previously
transferred to or vested in the board of regents trustees and
board of directors formerly existing under the provisions of
chapter eighteen eighteen-b of this code is hereby transferred to
the governing boards as those agreements and obligations may
apply to each governing board and to institutions under its
jurisdiction education policy commission created in section one,
article one-b of this chapter and to the institutions under its
jurisdiction. Valid agreements and obligations transferred to
the board of regents trustees and board of directors shall
include: (1) Each valid agreement and obligation of the board of
governors of West Virginia University transferred to and deemed
the agreement and obligation of the West Virginia board of
regents; (2) each valid agreement and obligation of the state
board of education with respect to the state colleges and
universities transferred to and deemed the agreement and
obligation of the West Virginia board of regents; and (3) each
valid agreement and obligation of the state commission on higher
education transferred to and deemed the agreement and obligation
of the West Virginia board of regents; and (4) each valid
agreement and obligation of the board of regents transferred to
and deemed the agreement and obligation of the respective board
of trustees and board of directors.
(d) All orders, resolutions and rules adopted or promulgated
by the board of regents respective trustees and board of
directors and in effect immediately prior to the first day of
July, one thousand nine hundred eighty-nine two thousand, are hereby transferred to the governing boards as those orders,
resolutions and rules may apply to each governing board education
policy commission and to institutions under its jurisdiction and
shall continue in effect and shall be deemed the orders,
resolutions and rules of the respecting governing boards
education policy commission until rescinded, revised, altered or
amended by the appropriate governing board education policy
commission in the manner and to the extent authorized and
permitted by law. Such orders, resolutions and rules shall
include: (1) Those adopted or promulgated by the board of
governors of West Virginia University and in effect immediately
prior to the first day of July, one thousand nine hundred
sixty-nine, unless and until rescinded, revised, altered or
amended by the board of regents in the manner and to the extent
authorized and permitted by law; (2) those respecting state
colleges and universities adopted or promulgated by the West
Virginia board of education and in effect immediately prior to
the first day of July, one thousand nine hundred sixty-nine,
unless and until rescinded, revised, altered or amended by the
board of regents in the manner and to the extent authorized and
permitted by law; and (3) those adopted or promulgated by the
state commission on higher education and in effect immediately
prior to the first day of July, one thousand nine hundred sixty-
nine, unless and until rescinded, revised, altered or amended by
the board of regents in the manner and to the extent authorized
and permitted by law; and (4) those adopted or promulgated by
the board of regents prior to the first day of July, one thousand nine hundred eighty-nine, unless and until rescinded, revised,
altered or amended by the respective board of trustees and board
of directors in the manner and to the extent authorized and
permitted by law.
(e) As to any title, agreement, obligation, order,
resolution, rule or any other matter about which there is some
uncertainty, misunderstanding or question, regarding the
applicability to one or both of the governing boards, the matter
shall be summarized in writing and sent to the secretary of
education and the arts education policy commission, who shall
make a determination regarding such matter within thirty days of
receipt thereof.
(f) 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 and prior
enactments of article twenty-six, chapter eighteen 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 education policy commission.
§18B-1-6. Rule making.
The university of West Virginia board of trustees and the
board of directors of the state college system are chief executive officer of the education policy commission is hereby
empowered to promulgate, adopt, amend or repeal rules, subject to
the approval of the secretary of education and the arts education
policy commission, in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code, as they he or she
may deem necessary and convenient to ensure the full
implementation of their his or her powers and duties. Each
governing board The chief executive officer shall file a copy of
any rule it he or she 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.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST
VIRGINIA.
§18B-1A-1. Purpose of article; legislative findings and intent.
The purpose of this article is to establish a compact with
higher education for the future of West Virginia. The
Legislature recognizes both the progress achieved thus far
through the higher education strategic planning process
established pursuant to section one-c, article one of this
chapter, and the short falls. West Virginia long has recognized
the value of education and, on a per capita income basis, invests
more to support education than most other states. Based on its
findings, the Legislature recognizes that because of a combination of state and national demographic and economic
factors, and emerging changes in higher education delivery
systems, it is in the best interests of both the state and the
state's higher education system to begin a process that will
strengthen their capacity, over the long term, to provide the
services of higher education so valued by the citizens of the
state and so essential to the state's economic vitality. The
compact with higher education for the future of West Virginia is
intended to encourage continued progress toward achieving the
state's goals for higher education and to provide incentives for
change. The changes include strengthening the capacity of the
higher education system and institutions to serve regional and
state needs and responding to the challenges of growing national
and global competition in higher education delivery systems. It
is the intent of the Legislature that legislative appropriations
for higher education for fiscal year two thousand two and
thereafter, may be made in accordance with this article and the
strategies, policies, time lines and benchmarks for accomplishing
the goals of the compact over a six year period: Provided, That
nothing in this article requires any specific level of
appropriation by the Legislature.
§18B-1A-2. Institutional compacts with state institutions of
higher education; establishment and review process;
determination of account allocations.
(a) The president of each institution of higher education,
in consultation with the institutional board of advisors, shall
prepare an institutional compact for submission to the commission. When the process herein provided is completed, the
institutional compacts shall form the agreement between the
institutions of higher education and the commission, and,
ultimately, between the institutions of higher education and the
people of West Virginia, on how the institutions will use their
resources to address the intent of the Legislature and the goals
set forth in section one-a, article one of this chapter. The
compacts shall contain the following:
(1) A step-by-step process to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter as organized by the commission. The step-by-step
process shall be delineated by objectives and shall set forth a
time line for achieving the objectives which shall, where
applicable, include benchmarks to measure institutional progress
as defined in subsection (e) of this section;
(2) A determination of the mission of the institution
which specifically addresses changes, as applicable, in the areas
of research, graduate education, baccalaureate education, revised
admission requirements, community and technical colleges and any
other areas as the commission determines appropriate. In the
determination of mission, the institutions and the commission
shall consider provisions of this article, article one-b and
article three-c of this chapter and the report completed by the
national center for higher education management systems pursuant
to the legislative study as provided in section seven, article
three of this chapter;
(3) A plan which is calculated to make any changes in institutional mission and structure within a six-year period;
(4) Where applicable, a statement of the geographic areas
of responsibility for each goal to be accomplished as provided in
subsection (d) of this section;
(5) A detailed statement of how the compact is aligned with
and will be implemented in conjunction with the master plan of
the institution; and
(6) Any other items, requirements or initiatives, required
by the commission, designed to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter, or other public policy goals established by the
commission.
(b) Each institutional compact shall be updated annually
and shall follow the same general guidelines contained in
subsection (a)of this section.
(c) Development and updating of the institutional compacts
is subject to the following:
(1) The ultimate responsibility for developing and updating
the institutional compacts at the institutional level resides
with the president in consultation with the institutional board
of advisors;
(2) The ultimate responsibility for developing and adopting
the final version of the institutional compacts resides with the
commission;
(3) The initial institutional compacts shall be submitted
to the commission by the institution president on or before the
first day of February, two thousand one, and the annual updates shall be submitted on or before the first day of February of each
succeeding year;
(4) The commission shall review the initial institutional
compacts and the annual updates and either shall adopt the
institutional compact or return it with specific comments for
change or improvement. The commission shall continue this
process as long as it considers advisable;
(5) On or after the first day of May of each year, if the
institutional compact of any institution as presented by that
institution is not adopted by the commission, then the commission
is empowered and directed to develop and adopt the institutional
compact for the institution and the institution shall be bound by
the compact so adopted; and
(6) The commission shall, as far as practicable, establish
uniform processes and forms for the development and submission of
the institutional compacts. As a part of this function, the
commission shall organize the statements of legislative intent
and goals contained in section one-a, article one of this chapter
in a manner that facilitates the purposes of this subdivision,
and the purposes of this section.
(d) The commission shall assign geographic areas of
responsibility to the state institutions of higher education as
a part of their institutional compacts to ensure that all areas
of the state are provided necessary programs and services to
achieve the public policy agenda. The benchmarks established in
the institutional compacts shall include measures of programs and
services by geographic area throughout the assigned geographic area of responsibility.
(e) The compacts shall contain benchmarks used to determine
progress toward meeting the goals established in the compacts.
The benchmarks shall meet the following criteria:
(1) They shall be objective;
(2) They shall be directly linked to the goals in the
compacts;
(3) They shall be measured by the indicators described in
subsection (f)of this section; and
(4) Where applicable, they shall be used to measure
progress in geographic areas of responsibility.
(f) The commission shall establish indicators that measure
the degree to which the goals and objectives set forth in section
one-a, article one of this chapter, are being addressed and met.
The benchmarks established in subsection (e) of this section
shall be measured by the indicators. The commission shall, on or
before the first day of January, two thousand one, file with the
legislative oversight commission on education accountability,
legislative rules pursuant to article three-a, chapter twenty-
nine-a, that set forth at the least the following:
(1) The indicators to be used to measure the degree to
which the goals and objectives are being met;
(2) Uniform definitions for the various data elements to be
used in establishing the indicators; and
(3) Guidelines for the collection and reporting of data.
§18B-1A-3. Peer institutions.
(a) The commission shall select not fewer than ten peer institutions for each state institution of higher education in
West Virginia, including, but not limited to, independently-
accredited community and technical colleges.
(b) The peer institutions shall be selected from among
institutions throughout the United States and not solely from the
states that are members of the southern regional education board.
(c) The peer institutions shall be used for comparison
purposes in the following areas:
(1) To determine reasonable adjustments to institutional
operating budgets as described in section five of this article;
(2) To determine comparable levels of tuition;
(3) To determine comparable faculty and staff teaching
requirements and other workloads; and
(4) For such other purposes as the law may require or the
commission may find useful or necessary.
(d) The commission shall contract with a national,
independent education consulting firm to assist in the unbiased
selection of peer institutions for each West Virginia
institution. The peers shall be selected through an open,
deliberative, objective process intended to achieve broad
understanding of the basis for this selection in the higher
education community and the Legislature. Final peer selection is
subject to the review of the legislative oversight commission on
education accountability. In selecting peer institutions, the
commission shall use criteria including, but not limited to:
(1) Institutional mission;
(2) Institutional size related to full-time equivalent students;
(3) The proportions of full-time and part-time students;
(4) The level of academic programs, including, but not
limited to, number of degrees granted at the associate,
baccalaureate, masters, doctoral, and first-professional level;
(5) The characteristics of academic programs such as health
sciences, professional, technical, or liberal arts and sciences;
and
(6) The level of research funding from federal competitive
funding sources.
(e) The commission shall review and make necessary
adjustments, subject to the review of the legislative oversight
commission on education accountability, to peer institutions at
least every six years or as necessary based on changes in
institutional missions as approved in institutional compacts or
in changes at peer institutions.
(f) Nothing herein may be construed to prevent the
commission from using the same peers or peer groups for more than
one institution of higher education.
§18B-1A-4. Legislative financing goals.
(a) The Legislature recognizes that the higher education
goals set forth in section one-a, article one of this chapter are
of utmost importance. The Legislature further recognizes that
meeting the goals may require the appropriation of additional
dollars.
(b) The Legislature recognizes that the compact, to be
fully funded, will require appropriation of additional moneys of approximately four percent per year. The Legislature also
recognizes that, given the economic and fiscal condition of the
State at the time of the enactment of this statute, such a level
of funding may not be possible. The Legislature will strive to
fully fund the compact, but, if it is unable to do so, it may
extend the time for the completion of the compact.
(c) If the commission determines that appropriations are
insufficient to fund the requirements of the institutional
compacts, the commission first shall consider extending the
length of the compacts or otherwise modifying the compacts to
allow the institutions to achieve the benchmarks in the compacts.
If modifications to the institutional compacts are not sufficient
to allow the institutions to meet their benchmarks, the
commission shall recommend to the Legislature methods of making
the higher education system more efficient. The methods may
include, but are not limited to, the following:
(1) Administrative efficiencies;
(2) Consolidating services;
(3) Eliminating programs;
(4) Consolidating institutions; and
(5) Closing institutions.
§18B-1A-5. Financing; institutional operating budget; additional
funding.
(a) Budget request and appropriations. - The commission has
the responsibility to develop a budget for the state system of
higher education, and submit a budget request to the governor
before the first day of September, beginning in two thousand, and for each fiscal year thereafter. The budget request specifically
shall include the amount of the institutional operating budget,
as defined in section two, article one of this chapter, required
for all state institutions of higher education. The Legislature
shall appropriate additional funds for the state system of higher
education, including the appropriations for institutional
operating budgets and enhancement funding, if any, to the
commission. The commission is responsible for allocating
appropriations for institutional operations funding and
enhancement funding in accordance with this section. In addition
to the institutional operating budget and enhancement funding,
however, the commission also is responsible for allocating funds
that are appropriated to it for other purposes: Provided, That,
in order to determine institutional allocations, it is the
responsibility of the institutions and their respective board of
advisors to provide to the policy commission documentation on
institutional progress toward mission enhancement; preliminary
peer comparison calculations, performance of increased
productivity and academic quality, and measurable attainment in
fulfilling state priorities as set forth in article one-a of this
chapter. The documentation shall be provided to the commission
no later than the first day of October each year, for policy
commission review and verification.
(b) Policy commission accounts. - The commission has under
its jurisdiction the following accounts, for additional
appropriations, which are to be created in the state treasury
beginning in fiscal year two thousand two:
(1) Peer equity enhancement account. - For the allocation
of appropriations to increase the level of the institutional
operating budget for state institutions of higher education
comparable to their peer institutions. The allocation shall
provide, subject to the availability of funds and legislative
appropriations, for a systematic adjustment of the institutional
operating budgets to move all institutions' funding in the
direction of levels comparable with their peers. Institutional
allocations shall be calculated as follows:
(A) A calculation shall be made of the deficiency in per
student funding of each institution in comparison with the mean
per student funding of the peer institutions as defined by the
commission pursuant to section three, article one-a of this
chapter;
(B) For all institutions that are deficient in comparison
with peer institutions, the amounts of the deficiencies shall be
totaled;
(C) A ratio of the amount of the deficiency for an
institution divided by the total amounts of deficiency for all
West Virginia institutions shall be established for each
institution; and
(D) The allocation to each institution shall be calculated
by multiplying the ratio by the total amount of money in the
account.
(2) Independently accredited community and technical
colleges development account. - The purpose of this account is to
ensure a smooth transition, where required, from "component" community and technical colleges to independently-accredited
community and technical colleges as defined in section two,
article one of this chapter. Allocations from this account are
only to be appropriated to those institutions that have approved
compacts with the commission that expressly include the
transition of their component community colleges to independently
accredited status and have demonstrated measurable progress
towards this goal. By the first day of July, two thousand seven,
or, when all required community and technical colleges are
independently accredited, whichever first occurs, this account
expires and the remaining moneys shall be transferred to the
incentive account for institutional contributions to state
priorities: Provided, That if the commission determines that
payments from the account to the institutions should continue
beyond the first day of July, two thousand seven, it shall
request an extension from the Legislature;
(3) Research challenge account. - The purpose of this
account is to assist public colleges and universities in West
Virginia to compete on a national and international basis by
providing incentives to increase their capacity to compete
successfully for research funding. The Legislature intends for
institutions to collaborate in the development and execution of
research projects to the extent practical, and to target research
on the needs of the state as established in the public policy
agenda and linked to the future competitiveness of this state.
(A) The commission shall develop criteria for awarding
grants to institutions under this account, which may include, but are not limited to, the following:
(i) Grants are to be used to match externally-funded, peer-
reviewed research;
(ii) Grants to match funds for strategic institutional
investments in faculty and other resources to increase research
capacity;
(B) The grants shall be distributed as follows:
(i) Forty percent of the moneys shall be distributed at the
discretion of the commission, but with particular emphasis on
start-up money for new research efforts; and
(ii) The balance of the moneys shall be distributed to each
public college and university in the same percentage that the
research funds received by that public college or university
bears to the total research funds received by all public colleges
and universities in the state for the previous year.
(C) The commission may establish an advisory council
consisting of nationally prominent researchers and scientists,
including representatives from outside the state, to assist in
developing the criteria for awarding grants under this account.
(D) For the purposes of making the distributions from this
account, the commission shall establish the definition for
research, research funds, and any other terms as may be necessary
to implement this subdivision; and
(4) Incentive account for institutional contributions to
state priorities. - The purpose of this account is to provide
incentives to institutions which demonstrate success toward
advancing the goals of the public policy agenda as set forth in section one-a, article one of this chapter and to provide
incentives for mission enhancement as set forth in section two of
this article.
(5) Institutional maintenance account. - The purpose of
this account is to provide additional operating funds to
institutions with approved compacts. The commission shall
allocate these funds on an equal percentage basis to all
institutions. Provided, That the policy commission may delay
distribution of the moneys from this account to any institution
which does not demonstrate measurable progress towards the goals
provided in its compact with the policy commission.
(c) Allocations to institutional operating budgets. - For
the purposes of this subsection, the commission shall establish
by rule pursuant to subsection (e), section two, article one-b of
this chapter the method for measuring the progress of each
institution towards meeting the benchmarks of its institutional
compact. It is the intent of the Legislature that allocations
made by the policy commission to institutions to increase their
operating budgets from the following accounts remain with such
institutions as part of their operating budget for the next
fiscal year at the designated percentages:
(1) One hundred percent of the funds allocated to the
institution from the independently-accredited community and
technical college development account set forth in subdivision
(2), subsection (b) of this section; and
(2) Ninety-three percent of the funds allocated to the
institution from the peer equity enhancement account set forth in subdivision (1), subsection (b) of this section. Provided, That
the seven percent not remaining with each institution at the end
of the fiscal year shall be transferred to the incentive account
for institutional contributions to state priorities for further
distribution.
(d) Allocation of appropriations among the accounts. -
Unless otherwise appropriated by the Legislature, appropriations
above institutional operating budgets shall be allocated to the
accounts as follows:
(1) Twenty-three percent shall be allocated to the peer
equity enhancement account;
(2) Two percent shall be allocated to the incentive account
for institutional contributions to state priorities;
(3) Four percent shall be allocated to the research
challenge account;
(4) Six percent shall be allocated to the independently-
accredited community and technical college development account:
Provided, That effective either the first day of July, two
thousand seven, or after all required community and technical
colleges are independently accredited, whichever first occurs,
the six percent shall be added to the incentive account for
institutional contributions to state priorities: Provided,
however, That if the commission determines that payments from the
account to the institutions should continue beyond the first day
of July, two thousand seven, it shall request an extension from
the Legislature; and
(5) Sixty-five percent shall be allocated to the institutional maintenance account.
(e) Allocation of appropriations to the institutions. -
Appropriations from the accounts in this section shall be
allocated to the state institutions of higher education in the
following manner:
(1) For the fiscal year two thousand two, appropriations
from the accounts shall be allocated only to institutions with
approved compacts, pursuant to this article;
(2) For the fiscal year two thousand three, and each fiscal
year thereafter, appropriations from the funds shall be allocated
only to institutions with approved compacts, pursuant to section
two of this article, and which also have achieved their annual
benchmarks for accomplishing the goals of their compacts, as
approved by the commission: Provided, That, if an institution has
not achieved all of its annual benchmarks, the commission may
distribute a portion of the funds to the institution based on its
progress as the commission determines appropriate: Provided
however, That the commission shall establish by rule pursuant to
section four, article one-b of this chapter the method for
measuring the progress of each institution toward meeting the
benchmarks of its institutional compact; and
(3) For the fiscal year two thousand three, and each fiscal
year thereafter, the percentage of the funds from the previous
year that does not become part of the institutional operating
budget during the current year shall be allocated to the
institutions with approved compacts, pursuant to section two of
this article, which also have achieved their annual benchmarks for accomplishing the goals of their compacts, as approved by the
commission: Provided, That, if an institution has not achieved
all its annual benchmarks, the commission may distribute a
portion of the funds to the institution based on its progress as
the commission determines appropriate.
(f) Peer comparison limit. - The total budget of any
institution of higher education may not exceed one hundred two
percent of peer institutions. If the distribution of the funds
results in any institution having a total budget of more than one
hundred two percent of peer institutions, the excess above one
hundred two percent shall be allocated to the other institutions
through the peer equity enhancement account established in
subdivision (1), subsection (b) of this section.
(g) Nothing in this section shall be construed in a manner
that limits the establishment of other accounts necessary to
effectuate the operation and purpose of the policy commission.
§18B-1A-6. Graduate education.
(a) Intent. - It is the intent of the Legislature to
address the need for high quality graduate education programs to
be available throughout the state.
(b) Findings. - The Legislature makes the following
findings:
(1) Since West Virginia ranks below its competitor states
in graduate degree production, particularly in the areas that are
important to the state's competitive position in the new economy
of the twenty-first century, there is a considerable need for greater access to graduate education, especially at the master's
degree level;
(2) There is a significant disparity in access to part-time
graduate degree programs among the different regions of the state
and part-time graduate enrollments are heavily concentrated in
the counties immediately surrounding Marshall university and West
Virginia university;
(3) There is a particular need for increased access to
graduate programs linked directly to the revitalization of the
regional economies of the state; and
(4) There is a particular need for improved quality and
accessibility of pre-service and in-service programs for teachers
in subject matter fields.
(c) Responsibility of policy commission. - In order to meet
the need for graduate education, the commission is responsible
for accomplishing the following:
(1) Ensuring expanded access to master's degree programs
throughout West Virginia, with a strong emphasis on collaboration
between the universities, baccalaureate colleges, and community
and technical colleges in each region as well as private colleges
and universities or other educational entities;
(2) Ensuring that any institution providing a master's
degree program under the provisions of this section provides a
meaningful, coherent program by offering courses in such a way
that students, including place-bound adults, have ample
opportunity to complete a degree in a reasonable period of time;
(3) Focusing on providing courses that enhance the
professional skills of teachers in their subject areas; and
(4) Ensuring that programs are offered in the most cost-
effective method to expand access throughout the region and the
state.
(d) Institutional missions and process for program
development. - The state colleges shall meet the need for
graduate education in their regions by following the procedures
outlined in subdivisions (1), (2) and (3) of this subsection,
with each step building upon the foundation of the step before
it: Provided, That if an institution of higher education not
listed in this subsection develops an innovative graduate program
that captures federal, private or other funds and presents the
proposed program for approval to the policy commission, the
policy commission may then move forward with the innovative
program: Provided, however, That notwithstanding the provisions
of this section, nothing in this section requires any level of
funding by the Legislature. The procedure is as follows:
(1) The institution shall develop as a graduate center for
its regions to broker access to graduate programs by contracting
with accredited colleges and universities in and out of the
state. These programs shall be related directly to each region's
education and economic needs.
(2) If the graduate education needs of the region have not
been met through brokering, then the institution may begin
collaborative programs with other institutions leading to the
granting of master's degrees in selected areas that are demonstrated to be related directly to the needs of their regions
and that draw on faculty strengths. An institution may continue
to offer collaborative programs aimed at meeting the documented
needs with the approval of the commission or, if a sustained need
still exists, the institution may move to the next level.
(3) If the graduate education needs of the region have not
been met through brokering and collaborative programs, the
institution may explore the option of beginning its own graduate-
level program leading to the granting of a master's degree. The
institution may begin its own master's degree program only if it
can meet the following conditions as determined by the
commission:
(A) Demonstrate that the institution has successfully
completed each of the steps required before exploring development
of its own master's degree program;
(B) Provide evidence based on experience gained in the
brokering and collaborative arrangements that a sustained demand
exists for the program;
(C) Demonstrate that the baccalaureate institution has the
capacity to provide the program;
(D) Demonstrate that the core mission of the baccalaureate
institution will not be impaired by offering the graduate
program;
(E) Provide evidence that the graduate program has a
reasonable expectation of being accredited; and
(F) Demonstrate that the need documented in paragraph (B)
of this subdivision is not currently being met by any other state
institution of higher education; and
(G) Such other conditions as the commission may determine.
(4) If, after three years of operation under the provisions
of subdivision (3) of this subsection, an institution believes
that such a program has demonstrated that there is a sustained
demand for it in the region, and also believes it has, or is
within reasonable reach of, the capacity to offer the program
individually on a permanent basis, the institution may apply to
the policy commission for the authority to individually offer the
program. If the policy commission determines that these factors
are present, the commission shall assent.
(e) In-field master's degrees. - There is an urgent need
for master's degree programs for teachers in disciplines or
subject areas, such as mathematics, science, history, literature,
foreign languages and the arts. Currently, master's-level
courses in education that are offered in the regions served by
the state universities are primarily in areas such as guidance
and counseling, administration, special education and other
disciplines unrelated to teaching in subject areas. If the
commission determines that this need is not being met or can not
be met in a region through the procedure established in
subsection (d) of this section, then the graduate center in that
region may plan one master's degree program in education focused
on teaching in subject area fields. No institution may begin a
graduate program under the provisions of this section until the program has been reviewed and approved by the commission. The
commission shall approve only those programs, as authorized by
this subsection, that emphasize serving the needs of teachers and
schools in the colleges' immediate regions. In determining
whether a program should be approved, the commission also shall
rely upon the recommendations of the statewide task force on
teacher quality provided for in section eight, article fourteen
of this chapter.
(f) Program review by policy commission. - The policy
commission shall regularly review all graduate programs being
offered under the provisions of this section and, using the
criteria established for program startup in subsection (d) of
this section, determine which programs should be discontinued.
(g) Program review by presidents. - At least annually, each
president shall evaluate graduate programs developed pursuant to
the provisions of this section and report to the policy
commission on the following:
(1) The number of programs being offered and the courses
offered within each program;
(2) The disciplines in which programs are being offered;
(3) The locations and times at which courses are offered;
(4) The number of students enrolled in each program; and
(5) The number of students who have obtained master's
degrees through each program.
The president shall provide the chief of operations with
any additional information the chief of operations requests in
order to make a determination on the viability of a program.
(h) Options for improved access and efficiency. - In
developing any graduate program under the provisions of this
section, each president shall consider delivering courses at
times and places convenient to adult students who are employed
full-time. The president shall place an emphasis on extended
degree programs, distance learning and off-campus centers which
utilize the cost-effective nature of extending existing
university capacity to serve the state rather than duplicating
the core university capacity and incurring the increased cost of
developing master's degree programs at other institutions
throughout the state.
(i) Program approval. - In addition to the approval
required by the commission, authorization for any institution to
offer a master's degree program under the provisions of this
section is subject to the formal approval processes established
by the president.
(j) Notwithstanding any other provision of this code to the
contrary, any institution or entity may establish graduate
programs in any location in the state, with the approval of the
policy commission. Any such graduate program will be established
with the resources of the institution and without any additional
appropriation by the Legislature.
§18B-1A-7. Contrary provisions.
Effective the first day of July, two thousand, the provisions
of this article shall supersede any provision of this code to the
contrary.
§18B-1A-8. Sections repealed.
(a) On the effective date of this section, sections three-a
and four, article three of this chapter, relating to community and
technical colleges, are repealed.
(b) On the effective date of this section, section two-b,
article five of this chapter, relating to resource allocation
policy relief, is repealed.
(c) On the effective date of this section, section two-c,
article five of this chapter, relating to a review of resource
allocation model and policies, is repealed.
(d) On the effective date of this section, section five,
article six of this chapter, relating to the creation of advisory
council on federal resources, is repealed.
(e) On the effective date of this section, section eight,
article one of this chapter, relating to the powers and duties of
the governing boards generally, is repealed.
(f) Effective the first day of July, two thousand two,
section eight-a, article one of this chapter, relating to higher
education accountability, is repealed.
(g) On the effective date of this section, section six,
article three of this chapter, relating to increasing flexibility
for freestanding community and technical colleges, is repealed.
(h) Effective the thirtieth day of June, two thousand one,
section one-b, article one of this chapter, relating to
implementation of findings, directives, goals and objectives, is
repealed.
(i) Effective the thirtieth day of June, two thousand one,
section one-c, article one of this chapter, relating to strategically focusing resources to maximize opportunity, is
repealed.
(j) On the effective date of this section, section five,
article one of this chapter, relating to placing governing boards
under the department of education and the arts, is repealed.
(k) On the effective date of this section, section six,
article six of this chapter, relating to the university of West
Virginia anatomical board, is repealed.
(l) On the effective date of this section, section one,
article five of this chapter, relating to appropriations, is
repealed.
(m) On the effective date of this section, section two,
article five of this chapter, relating to resource allocation
model and policies, is repealed.
(n) On the effective date of this section, section two,
article six of this chapter, relating to advisory councils of
faculty, is repealed.
(o) On the effective date of this section, section three,
article six of this chapter, relating to advisory councils of
students, is repealed.
(p) On the effective date of this section, section four,
article six of this chapter, relating to advisory councils of
classified employees, is repealed.
§18B-1A-9. Implementation team.
(a) There is hereby established an implementation team to
monitor and oversee implementation of higher education reorganization pursuant to the provisions of this act. The
implementation team is comprised of twelve persons as follows:
(1) Three members of the Senate appointed by the president
to serve as non-voting ex officio members;
(2) Three members of the House of Delegates appointed by the
speaker to serve as non-voting ex officio members;
(3) One member selected by the governor to represent the
governor's office, or his or her designee;
(4) The secretary of education and the arts, or his or her
designee;
(5) The senior administrator of the higher education central
office or comparable successor position pursuant to the provisions
of this act, or his or her designee;
(6) The vice chancellor for community and technical education
or comparable successor position pursuant to the provisions of
this act, or his or her designee; and
(7) One member appointed by the governor from each of the
previous governing boards.
The members shall elect a chairperson.
(b) The intent and purposes of the implementation team are
to:
(1) Monitor and oversee implementation of higher education
reorganization pursuant to the provisions of this act; and to
inform the governor and the Legislature of the implementation
status and any areas in which further executive or legislative
action may be necessary;
(2) To serve and act as the coordinating body for state
institutions of higher education during any period wherein the
policy commission has been charged with the responsibilities under
this chapter, but has not yet been appointed and qualified, and
otherwise it shall be advisory only;
(3) To advise and assist the education policy commission on
implementation of the act in a manner that achieves the intent,
purposes and goals of the act;
(4) To resolve or seek appropriate remedy to errors,
omissions, oversights or conflicts relative to implementation of
the act; and
(5) Take such other action within their scope of authority
as may be necessary to provide for the smooth transition in the
governance of the higher education system.
(c) The implementation team shall be appointed as soon as
possible after the effective date of this section and shall
continue its duties until the first day of the regular session of
the Legislature, two thousand one. During its pendency it shall
report regularly to the Legislature and governor regarding its
actions and shall serve as an advisory body to the policy
commission.
(d) The secretary of education and the arts shall serve as
the interim chief executive officer of the policy commission until
a permanent chief executive officer is employed for that position
by the policy commission.
ARTICLE 1B. EDUCATION POLICY COMMISSION.
§18B-1B-1.Education policy commission established; development
of public policy agenda.
There is hereby created the "Education policy commission",
hereinafter referred to as the "commission", which is responsible
for developing, promoting and overseeing the implementation of a
public policy agenda. It is the intent of the Legislature that
the commission be responsible for development and articulation of
the public policy agenda for higher education and other statewide
issues pursuant to section one-a, article one of this chapter.
All matters of governance not specifically assigned to the
commission by law are the duty and responsibility of the
institutional presidents.
§18B-1B-2.Composition of commission; terms and qualifications
of members; vacancies; eligibility for reappointment;
oath of office; removal from office.
(a) The commission shall consist of the secretary of
education and the arts and the chief executive officer of the
commission, both serving as ex officio non-voting members; one
member of the state board of education, appointed by that board
and serving only for the period of time that he or she remains a
member of that board; and six members appointed by the governor,
with the advice and consent of the Senate, who demonstrate an
understanding of and commitment to achieving the goals and
objectives set forth in section one-a, article one of this
chapter. Of the six members appointed by the governor, no more
than three may belong to the same political party and no more than
two may be appointed from each congressional district.
(b) The governor may not appoint as a member of the
commission, any person 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, an
appointee or employee of any higher education governing body, or
an immediate family member of any employee under the jurisdiction
of the commission or any of its institutions.
(c) The governor shall make all commission appointments by
the first day of July, two thousand, or as soon thereafter as is
practicable, and the original terms of all members shall commence
on the first day of July, two thousand.
(d) Of the citizen members first appointed, two shall serve
for two years, two shall serve for four years and two shall serve
for six years. All future appointments shall be for six years,
except that an appointment to fill a vacancy shall be for the
unexpired term only and shall be made within thirty days of the
occurrence of the vacancy. Of the initial appointments, the
members appointed for six years may not be from the same
congressional district. Citizen members are eligible for
reappointment.
(e) Before exercising any authority or performing any duties
as a member of the commission, each member 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.
(f) No member may be removed from office by the governor
except for official misconduct, incompetence, neglect of duty,
neglect of fiduciary duty or other specific responsibility imposed
by this article, or gross immorality. Vacancies in the board
shall be filled in the same manner as the original appointment.
§18B-1B-3. Meetings and compensation.
(a) The policy commission shall meet as needed at the time
and place specified by the call of the chief executive officer,
but no less than quarterly. The policy commission shall hold an
annual meeting each June for the purpose of electing officers for
the next fiscal year. All officers shall be elected from the
citizen appointees. The initial meeting of the commission, and
election of officers, shall be held during July, two thousand, or
as soon thereafter as practicable. The secretary of education and
the arts shall call the initial meeting and preside until a
chairperson is selected. The chairperson 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.
(b) Members of the commission shall be reimbursed for actual
and necessary expenses incurred for each day or portion thereof
engaged in the performance of official duties in a manner
consistent with guidelines of the travel management office of the
department of administration. All reimbursement shall be paid from
the commission's existing budget.
(c) A majority of the members constitutes a quorum for
conducting the business of the policy commission.
(d) The policy commission shall periodically receive reports
from and discuss issues with representatives from, including but
not limited to, the following: the joint commission on vocational-
occupational-technical education; adult basic education; private
proprietary schools; private colleges and universities; the human
resources investment council; the governor's chief workforce
development officer; the governor's office of technology; the
office of community and economic development; the West Virginia
literacy council; West Virginia small business development center;
educational broadcasting authority; and the state superintendent
of schools.
§18B-1B-4.Powers and duties of education policy commission.
(a) The primary responsibility of the commission is to
develop policies that will achieve the goals and objectives found
in section one-a, article one of this chapter. To that end, the
commission has the powers and duties to:
(1) Develop, oversee and advance the public policy agenda to
address major challenges facing the state, including, but not
limited to, the goals and objectives found in section one-a,
article one of this chapter and including specifically those goals
and objectives pertaining to the compacts created pursuant to
section two, article one-a of this chapter, and to develop and
implement the master plan described in section nine, article one-b
of this chapter for the purpose of accomplishing the mandates of
this section;
(2) Develop, oversee and advance the implementation of a
financing policy for higher education in West Virginia. The
policy shall meet the following criteria:
(A) Provide an adequate level of funding for each
institutional operating budget pursuant to section five, article
one-a of this chapter;
(B) Serve to maintain institutional assets, including, but
not limited to, human and physical resources and deferred
maintenance; and
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda including, but not limited to,
those found in section one-a, article one of this chapter;
(3) Create a policy leadership structure capable of the
following actions:
(A) Developing, building public consensus around, and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the commission shall seek input from the
Legislature and the governor, and specifically from the state
board of education and local school districts in order to create
the necessary linkages to assure smooth, effective and seamless
movement of students through the public education and post-
secondary education systems; and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the institutional presidents carry out
their duties effectively to govern the individual institutions of
higher education; and
(C) Holding the higher education institutions and the entire
higher education system accountable for accomplishing their
missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Administer and allocate funds in accordance with the
provisions of section five, article one-a of this chapter;
(7) With assistance from the executive director of community
and technical colleges and workforce development, review the
progress of community and technical colleges in every region of
West Virginia, including, but is not limited to, the step-by-step
implementation required in article three-c of this chapter. The
progress reviews and evaluations are to be reported annually to
the legislative oversight commission on education accountability;
(8) To be accountable to the governor and Legislature
regarding implementation of the public policy agenda;
(9) Promulgate legislative rules pursuant to article three-a,
chapter twenty-nine-a to fulfill the purposes of section five,
article one-a of this chapter;
(10) Establish a peer group for each public institution of
higher education in the state as described in section three,
article one-a of this chapter;
(11) Establish the benchmarks and performance indicators
necessary to measure institutional achievement towards state
policy priorities and institutional missions;
(l2) To report to the legislative oversight commission on
education accountability each January, beginning two thousand one.
The report shall include at least the following:
(A) The performance of the higher education system during the
previous fiscal year, including, but not limited to, progress in
meeting goals stated in the compacts and progress of the
institutions and the higher education system as a whole in meeting
the goals and objectives set forth in section one-a, article one
of this chapter;
(B) An analysis of enrollment data and recommendations for
any changes necessary to assure access to high-quality, high-
demand education programs for West Virginia residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (12) of this subsection, and the
justification for such priority; and
(D) Recommended statutory changes needed to further the goals
and objectives set forth in section one-a, article one of this
chapter;
(13) Develop a formal process for identifying needs for
capital investments and for establishing priorities for these
investments;
(14) Develop guidelines for institutions to follow concerning
extensive capital projects. The guidelines shall provide a
process for developing capital projects, including, but not
limited to, the notification by an institution to the commission
of any proposed capital project which has the potential to exceed
such amount as may be established by the commission. No such project may be pursued by an institution without the approval of
the commission;
(15) Use the expertise available within the human resources
investment council and the West Virginia development office
regarding workforce development and training;
(16) Acquire legal services as are considered necessary,
including representation of the commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the commission may, but is not
required to, call upon the attorney general for legal assistance
and representation as provided by law;
(17) Employ a chief executive officer for higher education
pursuant to section five of this article;
(18) Approve the employment of other staff by the chief
executive officer, including a chief of operations, an executive
director for community and technical colleges and workforce
development, and an executive director for health sciences
research and development, as necessary and appropriate to carry
out the duties and responsibilities of the commission;
(19) Provide suitable offices in Charleston for the chief
executive officer and other staff;
(20) Conduct a study of the faculty tenure system as
administered by the presidents with specific attention to the role
of community service and other criteria for achieving tenured
status. The commission shall make a report of its findings and recommendations to the legislative oversight commission on
education accountability by the first day of July, two thousand
one;
(21) Advise and consent in the appointment of the presidents
of the institutions of higher education by the chief executive
officer. The role of the commission in approving an institutional
president is to assure through personal interviews that the person
selected understands and is committed to achieving the goals and
objectives as set forth in the institutional compact and in
section one-a, article one of this chapter;
(22) Approve the total compensation package from all sources
for institutional presidents, as proposed by the institutional
board of advisors. The total compensation package must be
approved by the commission when institutional presidents are
employed initially and thereafter when any change is made;
(23) Implement the policy of the state to assure that parents
and students have sufficient information at the earliest possible
age on which to base academic decisions about what is required for
students to be successful in college, other post secondary
education and careers, related, as far as possible, to results
from current assessment tools in use in West Virginia;
(24) Approve a uniform standard, as developed by the chief
executive officer, to determine which students shall be required
to enroll in remedial or developmental courses and programs. The
standard shall be aligned with college admission tests and
assessment tools used in West Virginia and will be applied
uniformly throughout the public higher education system. The chief executive officer shall develop a clear, concise explanation
of the standard and shall inform the presidents, the state board
of education and the state superintendent of schools;
(25) Review and approve or disapprove capital projects
according to the guidelines developed pursuant to section four,
article one-b of this chapter;
(26) Establish an oversight plan to manage system-wide
technology such as the following:
(A) Expanding distance learning and technology networks 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; and
(B) Reviewing courses and programs offered within the state
by nonstate public or private institutions of higher education;
(27) Establish policies and procedures to ensure that
students may transfer and apply toward the requirements for a
bachelor's degree the maximum number of credits earned at any
nationally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or
to incur additional costs as is consistent with sound academic
policy;
(28) Establish policies and procedures to ensure that
students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any nationally
accredited in-state or out-of-state higher education institution with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(29) Establish policies and procedures to ensure that
students may transfer and apply toward the requirements for a
master's degree the maximum number of credits earned at any
nationally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(30) Establish policies and programs, in cooperation with the
institutions of higher education, through which students who have
gained knowledge and skills through employment, participation in
education and training at vocational schools, private proprietary
schools or other educational institutions, or internet-based
educational programs, may demonstrate by competency-based
assessment that they have the necessary knowledge and skills to
be granted academic credit or advanced placement standing toward
the requirements of an associate degree or a bachelor's degree at
a state institution of higher education;
(31) Seek out and attend regional, national and international
meetings and forums on education and workforce development related
topics, as in the policy commission's discretion is critical for
the performance of their duties as members, for the purpose of
keeping abreast of education trends and policies to aid it in
developing the policies for this state to meet the established
education goals and objectives pursuant to section one-a, article
one of this chapter; and
(32) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government, a single
budget for higher education that reflects recommended
appropriations: Provided, That on the first day of January, two
thousand one, and annually thereafter, the policy commission shall
submit the proposed institutional allocations based on each
institution's progress towards its institutional compact.
(33) Initiate a full review and analysis of all student fees
charged by state institutions of higher education in West
Virginia. Proposed legislation to condense, simplify and
streamline the fee schedule and the use of fees or other money
collected by a State institution of higher education that may be
used by that institution to meet the operational and other
expenses of the institution, including, the payment of any
outstanding revenue bonds. This study shall not limit any
governing board with authority over the state institution of
higher education from designating the use of such fees by the
institution and the results should be presented to the Legislature
no later than the first day of January, two thousand two.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the commission has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda and in serving
as an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development of institutional mission definitions
including use of incentive money to influence institutional
behavior in ways that are consistent with public priorities;
(4) Academic program review and approval including the use
of institutional missions as a template to judge the
appropriateness of both new and existing programs;
(5) Development of budget; development and implementation of
funding formulae; and allocation of resources including reviewing
and approving institutional operating and capital budgets and
distributing incentive and performance-based funding;
(6) Administration of state and federal student aid programs;
(7) Acting as the agent for receiving and disbursing public
funds when a governmental entity requires designation of a
statewide higher education agency for this purpose;
(8) Development of information, assessment and accountability
systems including maintenance of statewide data systems that
facilitate long-term planning and accurate measurement of
strategic outcomes and performance indicators;
(9) Licensing and oversight for both public and private
degree-granting and nondegree granting institutions that provide
post-secondary education courses or programs in the state;
(10) Development and oversight of statewide and region-wide
projects and initiatives such as those using funds from federal
categorical programs or those using incentive and performance-
based funding from any source;
(11) Quality assurance that intersects with all other duties
of the commission particularly in the areas of planning, policy
analysis, program review and approval, budgeting, and information
and accountability systems.
(c) In addition to the powers and duties provided for in
subsections (a) and (b) of this section, and any other powers and
duties as may be assigned to it by law, the education policy
commission has such other powers and duties as may be necessary
or expedient to accomplish the purposes of this article. Any
reference in this code to a power or duty of the previous
governing boards is the power and duty of the commission, and may
be delegated by the commission.
§18B-1B-5.Employment of chief executive officer for higher
education; office; powers and duties generally;
employment of chief of operations, executive director
for community and technical colleges and work force
development, and executive director for health
sciences research and development.
(a) The commission, created pursuant to section one of this
article, shall employ a chief executive officer for higher
education who shall serve at its will and pleasure.
(b) The commission shall set the qualifications for the
position of chief executive officer and shall conduct a thorough
nationwide search for qualified candidates. A qualified candidate
is one who meets at least the following criteria:
(1) Possesses an excellent academic and administrative
background;
(2) Demonstrates strong communication skills;
(3) Has significant experience and an established national
reputation as a professional in the field of higher education;
(4) Is free of institutional or regional biases; and
(5) Holds or retains no other administrative position within
the system of higher education while employed as chief executive
officer.
(c) The commission shall set the salary of the chief
executive officer. The chief executive officer shall be
compensated on a basis in excess of, but not to exceed twenty
percent greater than, the base salary of any president or
administrative head of a state institution of higher education.
(d) With the consent of the commission, the chief executive
officer shall employ a chief of operations pursuant to section
two, article four of this chapter, an executive director for
community and technical colleges and workforce development, and
an executive director for health sciences research and
development, and shall determine the organization and staffing
positions necessary to carry out his or her powers and duties and
may employ necessary staff. The chief executive officer shall
organize the central office to most efficiently achieve its
mission and serve the needs of the institutions in a cost
effective manner.
(e) The chief executive officer may enter into agreements
with any state agency or political subdivision of the state, any
state higher education institution, or any other person or entity to enlist staff assistance to implement the powers and duties
assigned by the commission or by state law.
(f) The chief executive officer is responsible for the
day-to-day operations of the commission and has the following
responsibilities:
(1) To carry out policy and program directives of the
commission;
(2) To develop and submit annual reports on the
implementation plan to achieve the goals and objectives set forth
in section one-a, article one of this chapter and in the
institutional compacts;
(3) To prepare and submit to the commission for its approval
the proposed budget of the commission and its offices;
(4) To serve as the accountability point for rules
promulgated by the institutional presidents by:
(A) Providing technical assistance, when requested, to the
presidents in developing rules;
(B) Reviewing and making recommendations to the presidents
for any changes necessary in rules promulgated by the presidents,
in consultation with their institutional boards of advisors;
(C) Determining when a joint rule among the presidents is
necessary or required by law, and, in those instances, and in
consultation with the presidents, promulgating the joint rule;
(D) Providing for the filing of rules promulgated by the
state institutions of higher education with the commission; and
(E) With the concurrence of the secretary of state and
legislative oversight commission on education accountability, establish a process for the transition from the rules promulgated
by the previous board of trustees and board of directors to new
rules filed by the chief executive officer, subject to approval
of the policy commission. Until new rules are filed, the existing
rules of said boards shall remain in effect and applicable to the
respective state institutions of higher education formerly under
the jurisdiction of said boards. The chief executive officer
shall review all new rules filed to replace the existing rules of
the said boards and determine their proper classification as
legislative, procedural or interpretive, notwithstanding the
classification of the existing rule or a classification
established for a specific rule by this code. The chief executive
officer shall strictly and uniformly apply the definitions of
rule, legislative rule, interpretive rule and procedural rule set
forth in section two, article one, chapter twenty-nine-a of this
code, and unless specifically mandated by an act of the
Legislature following the effective date of this section, may not
require the filing, as rules, of regulations relating solely to
the internal management of the agency, such as personnel policies,
unless required to be uniform across the institutions; and
(5) To perform all other duties and responsibilities assigned
by the commission or by state law.
(g) The chief executive officer is the primary advocate for
higher education and, with the commission, advises the Legislature
on matters of higher education in West Virginia. As the primary
advocate for higher education, the chief executive officer shall
provide reports to the legislative oversight commission on education accountability regarding higher education issues and
progress in attaining the established goals for higher education.
(h) The chief executive officer may develop for consideration
by the commission, new statewide or regional initiatives in
accordance with the goals set out in section one-a, article one
of this chapter and the public policy agenda articulated by the
commission.
(i) The chief executive officer shall coordinate efforts of
the members of the state board of education, the state
superintendent of schools, private colleges and universities,
proprietary schools and other training providers to assure that
the following goals are met:
(1) Development and implementation of a seamless system of
education that affords citizens of all ages the opportunity to
increase their knowledge and skills with a minimum of
institutional, financial and geographic barriers;
(2) Creation of a seamless kindergarten through post-
secondary system of education that encourages students to
continue their education in college or other post-secondary
education, and encourages adults to continue improving their
educational credentials throughout their lifetime; and
(3) Ensuring appropriate coordination of missions and
programs.
(j) The secretary of education and the arts shall serve as
interim chief executive officer until such time as the chief
executive officer is employed.
(k) The policy commission may assign additional duties and
responsibilities to the chief executive officer, chief of
operations, executive director for community and technical
colleges and workforce development, and the executive director for
health sciences research and development as it determines
necessary.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional president. -- Effective on
the first day of July, two thousand, appointment of presidents of
the state institutions of higher education are made as follows:
(1) Subject to the approval of the commission, the chief
executive officer shall appoint a president for Bluefield state
college, Concord college, eastern West Virginia community and
technical college, Fairmont state college, Glenville state
college, Marshall university, Potomac state college of West
Virginia university, Shepherd college, southern West Virginia
community and technical college, West Liberty state college, West
Virginia northern community college, West Virginia school of
osteopathic medicine, West Virginia state college, West Virginia
university, West Virginia university institute of technology, and
West Virginia university at Parkersburg: Provided, That
institutional presidents in office on the effective date of this
section shall continue in office subject to state law. Each
president serves at the will and pleasure of the policy
commission. Each appointment shall be made from a list of
candidates submitted by the institutional board of advisors
pursuant to section one, article six of this chapter;
(2) Subject to the approval of the commission and to the
provisions of article three-c of this chapter, the chief executive
officer shall appoint the president of each community and
technical college that remains linked administratively to a
sponsoring institution: Provided, That nothing in this section
prohibits any provost in office on the effective date of this
section from being appointed as the new president of the community
and technical college, subject to state law. The presidents of
each community and technical college serve at the will and
pleasure of the policy commission. Each appointment shall be made
from a list of candidates submitted by the institutional board of
advisors pursuant to section one, article six of this chapter;
(3) Subject to the approval of the commission and to the
provisions of article three-c of this chapter, the president of
Bluefield state college and the president of Glenville state
college shall appoint the provost of the community and technical
college at their respective institutions, who serves at the will
and pleasure of the president of the sponsoring institution.
(b) Evaluation of institutional presidents. - The chief of
operations shall lead each institutional boards of advisors in
conducting a written performance evaluation of the institution's
president, including the presidents of administratively-linked
community and technical colleges, in every fourth year of
employment as president, recognizing unique characteristics of the
institution and utilizing institutional personnel and persons
knowledgeable in higher education matters who are not otherwise
employed by the president. A part of the evaluation shall be a determination of the success of the institution in meeting the
requirements of its institutional compact.
§18B-1B-7. Higher education accountability; institutional and
statewide report cards.
Effective on the first day of July, two thousand one:
(a) The commission is directed to make information available
to parents, students, faculty, staff, state policymakers and the
general public on the quality and performance of public higher
education. This information shall be consistent and comparable
between and among the state institutions of higher education and,
if applicable, comparable with information from peer institutions
in the region and the nation.
(b) On or before the first day of July, two thousand one, the
commission shall review policy series sixteen, related to the
higher education report card, of the rules of the board of
trustees and board of directors and determine whether a new rule
should be adopted providing for the collection, analysis and
dissemination of data and information on the performance of the
state institutions of higher education, including health sciences
education, in relation to the findings, directives, goals and
objectives set forth in section one-a, article one of this
chapter, the institutional compacts, and in comparison to their
peers. The rules shall provide the legislative oversight
commission on education accountability with full and accurate
information while minimizing the institutional burden of record-
keeping and reporting. The rules shall include uniform
definitions for the various indicators of student and institutional performance and guidelines for the collection and
reporting of data and the preparation, printing and distribution
of report cards under this section. The report card forms shall
provide for brief, concise reporting in nontechnical language of
required information. Any technical or explanatory material which
an institution wishes to include shall be contained in a separate
appendix available for a reasonable fee to the general public upon
request.
(c) The president of each public college, university or
community and technical college shall prepare and submit annually
all requested data to the commission at the time established by
the commission.
The commission shall prepare report cards for institutions
under its jurisdiction and in accordance with the guidelines set
forth in this section and rules promulgated under this section.
(d) The higher education central office staff under the
direction of the chief of operations shall provide technical
assistance to each institution and president in data collection
and reporting and is responsible for assembling the statewide
report card from information submitted by the president. The
statewide report card shall include the data for each institution
for each separately listed applicable indicator and the aggregate
of the data for all public institutions of higher education. The
statewide report card shall be prepared using actual
institutional, state, regional and national data as applicable and
available indicating the present performance of the individual
institutions and the state system of higher education. The report card also shall include goals and trends for the institutions and
the higher education system and shall include all the information
required either by statute or by rule as authorized in subsection
(b) of this section. Statewide report cards shall be based upon
information for the current school year or for the most recent
school year for which the information is available, in which case
such year shall be clearly footnoted.
(e) The statewide report card shall be completed and
disseminated with copies to the legislative oversight commission
on education accountability prior to the first day of January, of
each year.
(f) For a reasonable fee, the chief of operations shall make
copies of the report cards available to any individual requesting
them.
§18B-1B-8. Statewide master plan.
(a) The policy commission shall develop a master plan for
higher education for the state.
(b) The plan shall be developed on or before the first day
of July, two thousand one, and shall be communicated to the
legislative oversight commission on education accountability.
(c) The master plan shall include, but not be limited to, the
following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives outlined in section one-a,
article one of this chapter;
(2) A statement of goals, as set forth in section one-a,
article one of this chapter, outlining missions, degree offerings, resource requirements, physical plant needs, personnel needs,
enrollment levels and other planning determinants and projections
for public higher education, and other matters necessary in such
a plan to assure that the needs of the state for a quality system
of higher education are addressed; and
(3) A plan for collaborating with the state board of
education, the private institutions of higher education,
vocational and proprietary schools and other education providers
to assure that a comprehensive system of education is developed
for West Virginia.
(d) The master plan for higher education for the state shall
be established for periods of not less than three nor more than
six years and shall be revised periodically as necessary.
ARTICLE 2A. INSTITUTIONAL GOVERNANCE.
§18B-2A-1. Presidents of institutions; powers and duties.
Each president in consultation with the institutional board
of advisors has the following powers and duties:
(a) Be the chief academic and administrative officer of the
state institution of higher education;
(b) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institution;
(c) Develop a master plan for the institution that includes,
but is not limited to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional
compact;
(2) A statement of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed; and
(3) Documentation of the involvement of the commission,
institutional constituency groups, clientele of the institution,
and the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and may be revised as necessary,
including the addition or deletion of degree programs as
determined necessary by the president;
(d) Prescribe for the state institutions of higher education
under its jurisdiction, in accordance with its master plan and the
compact for each institution, specific functions and
responsibilities to meet the higher education needs of its
geographic area of responsibility and to avoid unnecessary
duplication;
(e) Direct the preparation of a budget request for the state
institution of higher education, which relates directly to
missions, goals and projections as found in the institutional
master plans and the institutional compacts;
(f) Consider, revise and submit to the commission a budget
request on behalf of the state institution of higher education;
(g) Provide the policy commission with documentation on
institutional progress toward mission enhancement; preliminary
peer comparison calculations, performance of increased
productivity and academic quality, and measurable attainment in
fulfilling state priorities outlined in article one-a of this
chapter. This annual performance report should reflect the
institution's progress during the previous fiscal year as compared
to stated goals in its master plan and institutional compact. The
documentation shall be provided to the commission no later than
the first day of October each year, for review prior to submission
to the governor.
(h) Review, at least every five years, all academic programs
offered at the state institutions of higher education under its
jurisdiction. The review shall address the viability, adequacy
and necessity of the programs in relation to its institutional
master plan, the institutional compact, and the education and
workforce needs of its responsibility area. As a part of the
review, each president shall conduct periodic studies of its
graduates and their employers to determine placement patterns and
the effectiveness of the education experience. Where appropriate,
these studies should make use of the studies required of many
academic disciplines by their accrediting bodies;
(i) Ensure that the sequence and availability of academic
programs and courses offered by the institution is such that
students have the maximum opportunity to complete programs in the
time frame normally associated with program completion. The
president also is responsible to see that the needs of nontraditional college age students are appropriately addressed
and, to the extent it is possible for the president to control,
to assure that core course work completed at the institution is
transferable to any other state institution of higher education
for credit with the grade earned;
(j) Subject to approval of the education policy commission
and the provisions of article one-b of this chapter, ensure that
the teacher education programs offered in the institution permit
graduates of teacher education programs to receive a degree from
a nationally accredited program. To prevent expensive duplication
of program accreditation, the chief executive officer may select
and utilize one nationally recognized teacher education program
accreditation standard as the appropriate standard for program
evaluation;
(k) Utilize faculty, students and classified staff in
institutional-level planning and decision-making when those groups
are affected;
(l) Administer a system for the administration of personnel
matters, including, but not limited to, personnel classification,
compensation, and discipline for employees of the institutions
under their jurisdiction, subject to the provisions of state and
federal law: Provided, That the chief executive officer shall
promulgate a new procedural rule for the purpose of standardizing,
to the extent possible, the administration of personnel matters
among the institutions of higher education;
(m) Administer a system for the hearing of employee
grievances and appeals therefrom as prescribed by article twenty-nine, chapter eighteen of this code, so that aggrieved parties may
be assured of timely and objective review: Provided, That after
the first day of July, two thousand, the procedure established in
article twenty-nine, chapter eighteen of this code shall be the
exclusive mechanism for hearing employee grievances and appeals.
(n) Solicit and utilize or expend voluntary support,
including financial contributions and support services, for the
state institutions of higher education;
(o) Receive from the policy commission institutional funding
parameters, priorities and goals;
(p) Submit to the commission no later than the first day of
November of each year, an annual report of the performance of the
institution during the previous fiscal year as compared to the
stated goals in its master plan and institutional compact;
(q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and
customized training courses at locations either on the campus of
the institution or at off-campus locations in the institution's
responsibility area. To accomplish this goal, the president may
share resources among the various groups in the community;
(r) Unless changed by the commission, the president shall
continue to abide by existing rules setting forth standards for
acceptance of advanced placement credit for their respective
institutions. Individual departments at institutions of higher
education may, upon approval of the institutional faculty senate,
require higher scores on the advanced placement test when the credit is to be used toward meeting a requirement of the core
curriculum for a major in that department;
(s) Through the chief of operations, or his or her designee,
shall consult, cooperate and work with the state treasurer and the
state auditor to update as necessary and maintain an efficient and
cost-effective system for the financial management and expenditure
of special revenue and appropriated state funds at the
institutions under their jurisdiction that ensures that properly
submitted requests for payment be paid on or before due date, but
in any event, within fifteen days of receipt in the state
auditor's office;
(t) Through the chief of operations and the secretary of the
department of administration shall develop, update as necessary,
and maintain a plan to administer a consistent method of
conducting personnel transactions including, but not limited to,
hiring, dismissal, promotions and transfers at the institutions
under its jurisdiction. Each such personnel transaction shall be
accompanied by the appropriate standardized system or forms which
will be submitted to the respective governing board, and the
department of finance and administration;
(u) Notwithstanding any other provision of this code to the
contrary, the chief executive officer may transfer funds from any
account specifically appropriated for the commission's use to any
corresponding line item in a general revenue account at any agency
or institution under the jurisdiction of the commission as long
as the transferred funds are used for the purposes appropriated.
The chief executive officer may transfer funds from appropriated special revenue accounts for capital improvements under the
jurisdiction of the commission to special revenue accounts at
agencies or institutions under the jurisdiction of the commission
as long as the transferred funds are used for the purposes
appropriated; and
(v) Notwithstanding any other provision of this code to the
contrary, the president may acquire any legal services considered
necessary, including representation of the institution and its
employees and officers before any court or administrative body.
The counsel may be employed on a salaried basis or on a reasonable
fee basis. In addition, the president may, but is not required
to, call upon the attorney general for legal assistance and
representation as provided by law.
(w) The president of each state institution of higher
education may adopt incentive programs for faculty to encourage
increased productivity, innovative teaching methods, creative use
of technology, service to the state, other extra efforts on behalf
of higher education, or meeting the state's public policy agenda.
The incentive program shall be a part of the contract for each
faculty member at the affected institutions and shall provide, at
the president's discretion, that faculty members meeting the
criteria of the program may receive extra compensation for that
contract period. Each incentive program is to be approved by the
policy commission.
ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-
TECHNICAL-OCCUPATIONAL EDUCATION.
§18B-3A-1. Joint commission continued; jurisdiction of education
policy commission.
The West Virginia Joint Commission for Vocational-Technical-
Occupational Education, hereinafter referred to in this article
as the joint commission, is hereby continued. The joint
commission is subject to the jurisdiction of the education policy
commission established in article one-b of this chapter,
hereinafter referred to as the policy commission, and is subject
to the supervision of the chief executive officer and the
executive director for community and technical colleges and
workforce development of the policy commission.
§18B-3A-2. Legislative findings and intent.
The Legislature finds that the goals for post-secondary
education set forth in section one-a, article one of this chapter
include among the findings that the reality for West Virginia is
that its future rests not only on how well its youth are educated,
but also on how well it educates its entire population at any age
and that the state must take into account the imperative need to
serve the educational needs of working-age adults. These findings
further note that the state should make the best use of the
expertise that private institutions of higher education,
vocational and technical programs and private proprietary schools
can offer and recognize the importance of their contributions to
the economic, social and cultural well-being of their communities.
The Legislature further finds that said section includes
goals that focus on the need to better serve both traditional and
nontraditional students and adults, among which is the goal that the overall focus of education is on a lifelong process which is
to be as seamless as possible at all levels and is to encourage
citizens of all ages to increase their knowledge and skills.
These goals also emphasize the need for cooperation and
collaboration at all levels in education, training and workforce
development to achieve the state's public policy agenda.
The Legislature finds that because of its acts to streamline
accountability, make maximum use of existing assets to meet new
demands and target new investments on initiatives designed to
enhance and reorient existing capacity, provide incentives for
brokering and collaboration, and focus on new demands, many of the
responsibilities originally charged to the joint commission are
no longer relevant.
Therefore, the intent of the Legislature in amending and
reenacting this article is to reorient the mission, role and
responsibilities of the joint commission consistent with and
supportive of the mission, role and responsibilities of the
education policy commission, the goals for post-secondary
education and accountability for achieving the state's public
policy agenda.
§18B-3A-3. Appointment, composition and terms of joint
commission; meetings; expenses.
(a) The joint commission is comprised of nine persons
appointed by the governor, with the advice and consent of the
Senate. Seven of the appointees shall represent the interests of
the business, labor and employer communities and demonstrate
knowledge of the workforce needs of the various areas of the state. No provider of educational services, workforce development
services or related activities may to serve on the joint
commission. The governor shall appoint three members from each
congressional district. Not more than four of the members may be
from the same political party. The executive director for
community and technical colleges and workforce development of the
policy commission and the assistant superintendent for technical
and adult education of the state department of education shall
serve as co-chairs of the joint commission and are entitled to
vote.
(b) Members of the joint commission shall serve for terms of
four years, except that of the original appointments, three
members shall be appointed for two years and four members shall
be appointed for four years.
(c)
The joint commission shall meet at least quarterly and
may meet more often at the call of the co-chairs. One such
meeting of the joint commission shall be a public forum for the
discussion of the goals and standards for vocational education in
the state. Members of the joint commission shall serve without
compensation, but upon proper request, shall be reimbursed for
their actual necessary expenses incurred in the performance of
their duties as commission members, except that members of the
commission who are employees of the state shall be reimbursed by
their employing agency.
§18B-3A-4. Definitions.
As used in this article:
(a) "Secondary vocational-technical-occupational education"
means any course or program at the high school level that results
in, or may result in, a high school diploma or its equivalent,
under the jurisdiction of the state board of education.
(b) "Post-secondary vocational-technical-occupational
education" means any course or program beyond the high school
level that results in, or may result in, the awarding of a
two-year associate degree, certificate or other credential from
an institution under the jurisdiction of the policy commission or
other public or private education provider.
(c) "Adult basic education" means adult basic skills
education designed to improve the basic literacy needs of adults,
including information processing skills, communication skills, and
computational skills, leading to a high school equivalency
diploma, under the jurisdiction of the state board of education.
§18B-3A-5. Duties and responsibilities.
The joint commission 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) Advise and assist the state board of education and the
policy commission on state plans for secondary and post-secondary
vocational-technical-occupational and adult basic education,
including, but not limited to:
(1) Policies to strengthen vocational-technical-occupational
and adult basic education;
(2) Programs and methods to assist in the improvement,
modernization and expanded delivery of vocational-technical-
occupational and adult basic education programs;
(3) 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-technical-occupational and adult basic
education programs to help meet the public policy agenda;
(4) Collaboration, cooperation and interaction among all
secondary and post-secondary vocational-technical-occupational and
adult basic education programs in the state, including the
programs assisted under the federal Vocational Education Act and
the Workforce Investment Act, to promote the development of
seamless curriculum, and the elimination of duplicative programs;
(5) Coordination of the delivery of vocational-technical-
occupational and adult basic education in a manner designed to
make the most effective use of available public funds to increase
accessibility for students; and
(6) Encouraging through articulation the most efficient
utilization of available resources, both public and private, to
meet the needs of vocational-technical-occupational and adult
basic education students.
(b) Analyze and report to the policy commission on the
distribution of spending for vocational-technical-occupational and
adult basic education in the state and on the availability of
vocational-technical-occupational and adult basic education
activities and services within the state.
(c) Promote the delivery of vocational-technical-occupational
and adult basic education programs in the state which emphasize
the involvement of business and labor organizations.
(d) Promote public participation in the provision of
vocational-technical-occupational and adult basic education at the
local level, with an emphasis on programs which involve the
participation of local employers and labor organizations.
(e) Promote equal access to quality vocational-technical-
occupational and adult basic education programs 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-technical-occupational
education, and criminal offenders serving in correctional
institutions.
(f) Assist the commission, the chief executive officer, the
executive director for community and technical colleges and
workforce development, and those institutions delivering community
and technical college education, as defined in section two,
article one, of this chapter in the successful and efficient
development, coordination and delivery of community and technical
college programs and services in the state.
(g) Under the supervision of the chief executive officer and
the executive director for community and technical colleges and
workforce development, the joint commission has the following
additional powers and duties:
(1) To oversee the step-by-step implementation of the
comprehensive community and technical college system of education
provided in article three-c of this chapter;
(2) To interview nominees for appointments of community and
technical college presidents or provosts and make recommendations
to the chief executive officer, or in the case of a provost, to
the institutional president;
(3) To review and make recommendations to the commission for
the approval of the institutional compacts for the community and
technical colleges;
(4) To make recommendations to the commission for approval
of the administration and distribution of the independently
accredited community and technical college development account;
(5) To ensure coordination among the community and technical
colleges and other state-level, regional and local workforce
entities, including, but not limited to, the human resource
investment council and the West Virginia literacy council;
(6) To assist the community and technical colleges in
establishing and promoting links with employers and labor in the
responsibility regions of each community and technical college;
(7) To develop alliances among the community and technical
colleges for resource sharing, joint development of courses and
courseware, sharing of expertise and staff development;
(8) To provide a point for resolving issues relating to
transfer and articulation between and among community and
technical colleges, state colleges, and universities and to advise
the commission on these issues; and
(9) To assist the commission in developing a statewide system
of community and technical college programs and services to place-
bound adults and employers in every region of West Virginia for
competency-based certification of knowledge and skills, including
a statewide competency-based associate degree program.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-1. Legislative findings.
(a) Findings. - The Legislature hereby finds:
(1) That community and technical colleges in every region of
West Virginia are essential elements of a statewide strategy to
prepare students for further post-secondary education, life long
learning and development of the workforce necessary to diversify
and grow the state's economy.
(2) That, despite progress in the past decade, West Virginia
continues to lag behind neighboring states and the nation in the
competitiveness of its workforce for the new economy.
Specifically, West Virginia:
(A) Ranks fiftieth among the states in the preparation of its
workforce for the new economy;
(B) Continues to have low rates of participation of high
school graduates in post-secondary education and ranks last among
competitor states in the proportion of high school graduates who
attend a community college;
(C) Ranks forty-seventh in the nation in the proportion of
its adult population at the lowest levels of literacy; and
(D) Ranks tenth among eleven competitor states in the number
of certificates and associate degrees granted.
(3) That, despite progress made in developing community and
technical colleges pursuant to Senate Bill 547, chapter ninety-
nine, acts of the Legislature, regular session, one thousand nine
hundred ninety-five, hereinafter referred to as Senate Bill 547,
most of these colleges remain subordinated to colleges and
universities with four-year and graduate missions.
(4) That, while the number of high school graduates is
declining and the needs of adults for further education and
training is increasing, less than twenty-five per cent of the
students enrolled in West Virginia institutions are under age
twenty-five.
(5) That only half the enrollment in community and technical
colleges is in institutions independently accredited to carry out
that mission.
(6) That in most of the component community and technical
colleges the majority of faculty are appointed and rewarded
according to the policies of the four-year institution, not the
community and technical college.
(7) That West Virginia is one of only five states in which
most of the enrollment in associate degree programs is in
institutions that are not independently accredited as two-year
institutions.
(8) That the community and technical college mission in West
Virginia continues to be seen by many as narrowly defined and
offering primarily associate degree programs and not the critical
functions of workforce development, developmental education, community outreach and regional economic development as defined
in Senate Bill 547, chapter ninety-nine, acts of the Legislature.
(9) That half the community and technical college students
in West Virginia pay the higher tuition and fees of the sponsoring
four-year institution and not the lower rate of free-standing
community and technical colleges.
(10) That, despite the needs of place-bound adults, adults
in the workplace, and employers, current higher education
financing policy provides strong disincentives for both free-
standing and component community and technical colleges to provide
off-campus programs and services.
(11) That Senate Bill 547 set forth a definition of the
kinds of community and technical college programs or services that
should be available and accessible in every region of West
Virginia.
(12) That over the past forty years, West Virginia has
debated forming a distinct system of community and technical
colleges with a focused mission in each region of the state.
However, the state already had a network of public colleges in
each region and, because of severe resource limitation and low
population density, West Virginia evolved a system of community
and technical colleges that depends in large part on the existing
four-year colleges to offer associate degrees and other community
and technical college services. West Virginia has established
only a limited number of freestanding community and technical
colleges.
(13) That Senate Bill 547 sought to strengthen the state's
community and technical colleges in a number of ways.
(14) That the implementation of specific structural and
procedural provisions of Senate Bill 547 was decidedly mixed.
(15) That Senate Bill 547 had widely varying impact on the
availability of community and technical college services
throughout West Virginia. The scope of services in several
regions of the state, especially those with component colleges,
has fallen far short of the kind of comprehensive, dynamic
services envisioned in Senate Bill 547.
(16) That since the enactment of Senate Bill 547 increasing
attention has been given to the related priority of workforce
development.
(17) That since the enactment of Senate Bill 547 changes have
accelerated dramatically in post-secondary education demand and
delivery systems.
(18) That the substantive goal of Senate Bill 547 to ensure
access to community and technical college programs and services
remains valid and is even more important today than five years
ago.
(19) That there are essential conditions that must be met by
each community and technical college in West Virginia in order to
address the needs of the people of the state.
(20) That workforce development was a central theme in the
establishment of district consortia that include multiple
stakeholders to assess the workforce development needs of the various regions of the state and marshall resources to meet these
needs.
(b) Legislative Intent. -- It is the intent of the
Legislature, that the process for achieving independently-
accredited community and technical colleges be achieved using the
most effective and most efficient method available. In
implementing this process the presidents and institutions of
higher education should utilize facilities that currently exist.
These include, but are not limited to, the facilities of public
high schools and vocational education centers, work sites,
industrial parks, libraries, brokering with other education and
training whether public or private or in-state or out-of-state,
and the use of technology. It is further the intent of the
Legislature that this article not be implemented in such a manner
as to require an extensive building program, except as deemed
necessary by a system-wide facilities analysis. Prior to pursuing
any capital project, an institution shall follow the guidelines
for developing capital projects provided for in section four,
article one-b of this chapter.
§18B-3C-2. Purposes of article.
The general purposes of this article are the following:
(a) To establish community and technical college education
that is well articulated with the public schools, four-year
colleges and other education and training providers; 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;
(b) To charge the respective presidents of state institutions
of higher education with granting community and technical college
education 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;
(c) To establish the essential conditions for community and
technical college programs and services, as defined in section
three of this article, necessary to insure that each region of
West Virginia is served by a community and technical college
meeting the needs of the people of the region;
(d) To establish a mechanism for assuring that, where
applicable, a transition plan for meeting the essential conditions
is developed by each relevant community and technical college;
(e) To establish geographic areas of responsibility for each
of the community and technical colleges to ensure accountability
that the full range of community and technical education programs
and services are provided in all areas of the state;
(f) To define the full range of programs and services that
every community and technical college has the responsibility to
provide; and
(g) To establish such other policies and procedures necessary
to ensure that the needs of West Virginia, its people and its
businesses are met for the programs and services that can be
provided through a comprehensive system of community and technical
colleges.
§18B-3C-3. Essential conditions for community and technical
college programs and services.
The Legislature hereby establishes the following essential
conditions for community and technical college programs and
services:
(a) Independent accreditation by the Commission on
Institutions of Higher Education of the North Central Association
of Colleges and Schools (NCA) reflecting external validation that
academic programs, services, faculty, governance, financing, and
other policies are aligned with the community and technical
college mission of the institution;
(b) A full range of community and technical college services
offered as specified in section seven of this article;
(c) Programmatic approval consistent with the provisions of
section one-a of this article;
(d) A fee structure competitive with its peer institutions;
(e) Basic services, some of which may be obtained under
contract with existing institutions in the region. These basic
services shall include, but are not limited to, the following:
(1) Student services, including, but not limited to,
advising, academic counseling, financial aid, and provision of the
first line of academic mentoring and mediation;
(2) Instructional support services;
(3) Access to information and library services;
(4) Physical space in which courses can be offered;
(5) Access to necessary technology for learners, faculty and
mentors;
(6) Monitoring and assessment; and
(7) Administrative services, including, but not limited to,
registration, fee collection, and bookstore and other services for
the distribution of learning materials;
(f) A president who is the chief academic and administrative
officer of the community and technical college appointed and
serving pursuant to the terms of section six, article one-b of
this chapter;
(g) An institutional board of advisors appointed and serving
as required by law;
(h) A full-time core faculty, complemented by persons engaged
through contract or other arrangements, including college and
university faculty, to teach community college courses, and
qualified business, industry and labor persons engaged as adjunct
faculty in technical areas;
(i) A faculty personnel policy, formally established to be
separate and distinct from that of other institutions, which
includes, but is not limited to, appointment, promotion, workload,
and, if appropriate, tenure pursuant to section ten of this
article. These policies shall be appropriate for the community
and technical college mission and may not be linked to the
policies of any other institution;
(j) Community and technical colleges designed and operating
as open-provider centers with the authority and flexibility to
draw on the resources of the best and most appropriate provider
to ensure that community and technical college services are
available and delivered in the region in a highly responsive
manner. A community and technical college may contract with other
institutions and providers as necessary to obtain the academic
programs and resources to complement those available through a
sponsoring college, where applicable, in order to meet the
region's needs;
(k) Separately identified state funding allocations for each
of the community and technical colleges. The president of the
community and technical college has full budgetary authority for
the entity, subject to accountability to the policy commission,
including authority to retain all tuition and fees generated by
the community and technical college for use to accomplish its
mission; and
(l) Where independently-accredited community and technical
colleges are linked administratively to a sponsoring state college
or university in order to ensure efficient use of limited
resources, the following conditions shall apply:
(1) The community and technical college shall be accredited
separately from the sponsoring institution;
(2) All state funding allocations for the community and
technical college shall be transferred directly to the community
and technical college. The sponsoring institution may charge fees for administrative overhead costs subject to a schedule approved
by the commission.
(3) Policies shall be formally established to ensure the
separation of academic and faculty personnel policies of the
community and technical college from those of the sponsoring
institution. These policies include, but are not limited to,
appointment, promotion, workload, and, if appropriate, tenure.
§18B-3C-4. Responsibility districts.
(a) Each community and technical college is hereby assigned
a responsibility district, also referred to as "geographic areas
of responsibility", in which it is responsible for providing the
full array of community and technical college programs and
services as defined in section eight of this article, addressing
the public policy agenda, compact elements and goals for post-
secondary education established in section one-a, article one of
this chapter as they relate to community and technical colleges,
and addressing other goals, which may be established by the
commission. The responsibility districts shall be comprised of
contiguous areas of the state that 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 and assigned to the designated
community and technical colleges:
(1) West Virginia northern community and technical college -
Ohio, Brooke, Hancock, Marshall, Tyler and Wetzel counties;
(2) West Virginia university at Parkersburg - Wood, Jackson,
Pleasants, Ritchie, Roane, Tyler and Wirt counties;
(3) A community and technical college serving the Kanawha
valley - Kanawha, Putnam, Clay, Cabell, Mason, Wayne and Fayette
counties;
(4) Southern West Virginia community and technical college -
Logan, Boone, Lincoln, McDowell, Mingo, and Wyoming counties;
(5) Bluefield state community and technical college - Mercer,
Greenbrier, McDowell, Monroe, Pocahontas, and Summers counties;
(6) Glenville state community and technical college - Gilmer,
Braxton, Calhoun, Clay, Lewis, Nicholas, Roane, Upshur and Webster
counties;
(7) Fairmont state community and technical college - Marion,
Doddridge, Harrison, Monongalia, Preston, Randolph, Taylor and
Barbour counties;
(8) Shepherd community and technical college - Jefferson,
Berkeley, Grant and Morgan counties;
(9) Eastern West Virginia community and technical college -
Mineral, Grant, Hampshire, Hardy, Tucker and Pendleton counties;
and
(10) The center for higher education and workforce
development at Beckley - Raleigh, Summers and Fayette counties;
and
(11) Potomac state college of West Virginia university -
Mineral, Grant and Hardy counties.
(b) It is the intent of the Legislature that, where counties
are listed in more than one district, the county shall be the joint responsibility of each community and technical college
assigned that county, or shall be divided as determined by the
commission. The boundaries of the districts may be modified from
time to time by the commission to serve better the needs within
the districts. Such modifications are not required to follow
county boundaries.
§18B-3C-5.Appointment of community and technical college
presidents.
In the case of a free-standing community and technical
college, the administrative head is the president who is employed
by the policy commission. In the case of an administratively
linked community and technical college, the administrative head
is the president of the sponsoring institution. In the case of
Glenville state college and Bluefield state college, the
administrative head is the provost, employed by the president,
pursuant to the terms of section six, article one-b, and section
four, article three-a of this chapter. The president of a
baccalaureate institution may not serve as either a president or
provost of a community and technical college while serving as
president of the baccalaureate institution.
§18B-3C-6. Community and technical college programs.
(a) The mission of each community and technical college
includes the following programs which may be offered on or off
campus, at the work site, in the public schools and at other
locations, and 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, literacy
education, 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) Workforce 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) Cooperative arrangements with the public school system
for the seamless progression of students through programs of study
which are calculated to begin at the secondary level and conclude
at the community and technical college level.
(b) All administrative, programmatic and budgetary control
over community and technical education within the district shall
be vested in the president or provost of the community and
technical college, subject to rules adopted by the commission.
The president and the provost, in consultation with the
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 and subject to the
provisions of section ten of this article. The president and
institutional board of advisors shall seek assistance from and
utilize a district consortium committee in fulfilling this
responsibility.
(c) Independently-accredited community and technical colleges
will serve as higher education centers for their regions by
brokering with colleges, universities and other providers, in
state and out of state to ensure the coordinated access of
students, employers, and other clients to needed programs and
services.
§18B-3C-7. District consortia committees.
(a) The president or provost of each community and
technical college shall form a district consortium committee,
which shall include representatives, distributed geographically
to the extent practicable, of the major community and technical 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
consortium committee shall be chaired by the president or provost,
or his or her designee, and shall advise and assist the president
or provost 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 workforce development needs of the
district;
(2) Coordinating efforts with regional labor market
information systems to identify the ongoing needs of business and
industry, both current and projected, and to 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 workforce 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) Regularly reviewing and revising curricula to ensure that
the workforce needs are met, developing new programs and phasing
out or modifying existing programs as appropriate to meet such
needs, streamlining procedures for designing and implementing
customized training programs and accomplishing such other complements of a quality comprehensive community and technical
college; and
(5) Increasing the integration of secondary and post-
secondary curriculum and programs that are targeted to meet
regional labor market needs, including implementation of a
comprehensive school-to-work transition system that accomplishes
the following:
(A) Helps students focus on career objectives;
(B) Establishes cooperative programs and student internships
with business and industry,
(C) Builds upon current programs such as high schools that
work, tech prep associate degree programs, registered
apprenticeships and rural entrepreneurship through action
learning, and
(D) Addresses the needs of at-risk students and school
dropouts;
(6) Planning and implementation of integrated professional
development activities for secondary and post-secondary faculty,
staff and administrators and other consortium partners throughout
the district;
(7) Ensuring that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing
student credentialing;
(8) 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 course work in which they already possess competency;
(9) Cooperating with workforce development investment
councils in 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;
(10) 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
(11) Establishing a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(b) No later than the first day of December, two thousand
two, the executive director for community and technical colleges
and workforce development shall report to the legislative
oversight commission on education accountability on any
recommended changes in the role and responsibilities of the
district consortia.
§18B-3C-8. Process for achieving independently-accredited
community and technical colleges.
(a) Over a six-year period beginning the first day of July,
two thousand one, West Virginia shall transition from having
"component" community and technical colleges to having a statewide
network of independently-accredited community and technical colleges serving every region of the state. This section does not
apply to the freestanding community and technical colleges, West
Virginia university at Parkersburg or the community college
components of Bluefield state college and Glenville state college.
(b) To be eligible for funding from the independently-
accredited community and technical college development account,
a state institution of higher education shall be subject to the
provisions of this section and demonstrate the following:
(1) That it has as a part of its institutional compact
approved by the commission a step-by-step plan with measurable
benchmarks for developing an independently-accredited community
and technical college that meets the essential conditions set
forth in section three of this article, except as limited in
subdivisions (2) and (4), subsection (c) of this section;
(2) That it is making progress annually to the satisfaction
of the commission toward accomplishing the benchmarks established
in its institutional compact for developing an independently-
accredited community and technical college; and
(3) That it has submitted a budget approved by the commission
which sets forth a proposed plan of expenditures for funds
allocated to it from the account.
(c) The following are recommended strategies for moving from
the current arrangement of "component" community and technical
colleges to the legislatively-mandated statewide network of
independently-accredited community and technical colleges serving
every region of the state. The Legislature recognizes that there
may be other means to achieve this ultimate objective; however, it is the intent of the Legislature that the move from the current
arrangement of "component" community and technical colleges to the
legislatively-mandated statewide network of independently-
accredited community and technical colleges serving every region
of the state shall be accomplished. The following recommendations
are designed to reflect significant variations among regions and
the potential impacts on the sponsoring institutions.
(1) Community and technical college serving the Kanawha
valley. - The community and technical college will be created as
a new community and technical college built on the base of
existing components at Marshall university, West Virginia state
college and West Virginia university institute of technology as
provided for in article three-f of this chapter.
(2) Bluefield state community and technical college. -
Bluefield state community and technical college, including the
Lewisburg center, should retain its relationship as a component
of Bluefield state college. The president of Bluefield state
college and the institutional board of advisors are accountable
to the commission for ensuring that the full range of community
and technical college services are available throughout the region
and that the community and technical college adheres, as nearly
as possible, to the essential conditions pursuant to section three
of this article with the possible exception of independent
accreditation. The commission shall appoint a separate
institutional boards of advisors for Bluefield and Lewisburg,
although these boards should have overlapping membership to
promote coordination across the district. In addition to the other duties assigned to institutional boards of advisors, the
boards would advise the president of Bluefield state college and
the director of the Lewisburg center on a comprehensive
assessment of the needs in the region, on coordinating efforts
with regional labor market information systems, and on other areas
as provided for institutional boards of advisors.
(3) Center for higher education and workforce development at
Beckley. - The president of Bluefield state college and the
institutional board of advisors are responsible, according to a
plan approved by the commission, for the step-by-step
implementation of a new independently-accredited community and
technical college, known as the center for higher education and
workforce development, which adheres to the essential conditions
pursuant to section three of this article. As an independently-
accredited community and technical college the center shall also
serve as higher education center for its region by brokering with
other colleges, universities and other providers, in state and out
of state, both public and private, to ensure the coordinated
access of students, employers, and other clients to needed
programs and services. The new community and technical college
shall serve Raleigh, Summers and Fayette counties and be
headquartered in Beckley. The commission shall appoint an
institutional board of advisors for the center at Beckley which
is separate from the institutional board of advisors of Bluefield
state college but may have some overlap in membership to
facilitate coordination. In addition, the president of the center
shall appoint a district consortia committee to advise the president on a comprehensive assessment of the needs in the
region, on coordinating efforts with regional labor market
information systems, and on other areas as provided for in section
seven of this article relating to the duties of district consortia
committees. The center shall facilitate the planning and
development of a unified effort involving multiple providers and
facilities including, but not limited to, Concord college, the
college of West Virginia, Marshall university, West Virginia
university, West Virginia university institute of technology, and
other entities to meet the documented workforce development needs
in the region: Provided, That nothing in this subdivision
prohibits or limits any existing, or the continuation of any
existing affiliation between the college of West Virginia, West
Virginia university institute of technology, and West Virginia
university. The center for higher education and workforce
development at Beckley shall also provide the facilities and
support services for other public and private institutions
delivering courses, programs and services in Beckley. The
objective would be to assure students and employers in the area
that there would be coordination and efficient use of resources
among the separate programs and facilities, existing and planned,
in the Beckley area. If, at a future time, the commission
believes it appropriate, it may recommend to the Legislature that
the Beckley institution be created as a freestanding institution.
(4) Glenville state community and technical college. -
Glenville state community and technical college, including the
centers in Nicholas, Lewis and Roane counties, should retain its relationship as a component of Glenville state college. The
president of Glenville state college and the governing board are
accountable to the commission for ensuring that the full range of
community and technical college services are available throughout
the region and that the community and technical college adheres
as nearly as possible to the essential conditions pursuant to
section three of this article, with the possible exception of
independent accreditation.
(5) Fairmont state community and technical college. -
Fairmont state community and technical college should be an
independently-accredited community and technical college serving
Marion, Doddridge, Barbour, Harrison, Monongalia, Preston,
Randolph, and Taylor counties. The community and technical
college is developed on the base of the existing component
community and technical college of Fairmont state college. The
president of Fairmont state college and the governing board are
responsible, according to a plan approved by the commission, for
step-by-step implementation of the independently-accredited
community and technical college which adheres to the essential
conditions pursuant to section three of this article. The
community and technical college will remain administratively
linked to Fairmont state college to reduce costs in areas such as
personnel management, records, payroll, accounting, legal
services, registration, student records, library services and
other areas. Nothing herein shall be construed to require
Fairmont state college to discontinue any associate degree program
in areas of particular institutional strength, which are closely articulated to their baccalaureate programs and missions or which
are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution.
(6) Shepherd community and technical college. - Shepherd
community and technical college should become an independently-
accredited community and technical college. It should serve
Jefferson, Berkeley, and Morgan counties. The new community and
technical college is developed on the base of the existing
component community and technical college of Shepherd college.
The president of Shepherd college and the governing board are
responsible, according to a plan approved by the commission, for
step-by-step implementation of the new independently-accredited
community and technical college which adheres to the essential
conditions pursuant to section three of this article. The
community and technical college will remain administratively
linked to Shepherd state college to reduce costs in areas such as
personnel management, records, payroll, accounting, legal
services, registration, student records, library services and
other areas. Nothing herein shall be construed to require
Shepherd state college to discontinue any associate degree program
in areas of particular institutional strength, which are closely
articulated to their baccalaureate programs and missions or which
are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution.
(7) Potomac state college of West Virginia university. -
Potomac state college of West Virginia university should increase
the transfer function for students intending to transfer to West Virginia university and strengthen the current responsibility for
serving as a regional learning center in collaboration with other
institutions. The commission shall assess the vision of this
institution with respect to its status as a two-year residential
junior college branch of West Virginia university.
§18B-3C-9. Increasing flexibility for community and technical
colleges.
(a) Notwithstanding any rules or procedures of the former
governing boards or of the presidents to the contrary, the
community and technical colleges have the authority and the duty
to:
(1) Incorporate the most effective and efficient use of
technology in accessing and delivering courses and programs in
order to make the best use of available resources and to control
costs;
(2) Incorporate a model to offer occupational program
curricula in smaller modules to accommodate specific student and
employer needs and to gain sufficient flexibility in formatting
courses;
(3) Serve as a facilitator for education programs from
outside delivery sources to meet the needs of the residents and
employers of the district; and
(4) Employ faculty in the most effective manner to serve the
core mission of the community and technical college.
(A) To that end, the freestanding community and technical
colleges may employ faculty for an indefinite period without a
grant of tenure and shall work toward a staffing goal of no more than twenty percent of the faculty holding tenure or being tenure-
track employees: Provided, That tenured faculty employed by the
freestanding community and technical colleges before the first day
of July one thousand nine hundred ninety-nine are not affected by
this provision.
(B) All community and technical colleges, other than those
set forth in paragraph (A) of this subdivision, may employ faculty
for an indefinite period without a grant of tenure. The immediate
goal is to use this provision as a tool to assist the community
and technical colleges in meeting the essential conditions
provided for in section three of this article and in gaining
independent accreditation status. The ultimate goal is to provide
the flexibility community and technical colleges need to meet the
needs of the state by working toward having no more than twenty
percent of the core faculty holding tenure or being tenure-track
employees: Provided, That tenured faculty employed by community
and technical colleges other than freestanding community and
technical colleges on the effective date of this section may not
be affected by this provision: Provided, however, That tenure may
not be denied to a faculty member solely as a result of a change
in employing institution necessitated by the change to
independently-accredited community and technical colleges.
(b) The policy commission shall adopt a model of program
approval for the community and technical colleges that permits
occupational programs to be customized to meet needs without
requiring approval by any other agency of government and,
furthermore, that incorporates a post-audit review of such programs on a three-year cycle to determine the effectiveness of
such programs in meeting district needs.
(c) The policy commission shall promulgate rules to implement
the provisions of this section and shall file these rules for
review and approval with the chief executive officer no later than
the first day of December, two thousand.
§18B-3C-10. Community and technical colleges;
tuition and fees.
(a) The president, in consultation with the institutional
board of advisors, shall fix tuition and establish and set such
other fees to be charged students at community and technical
colleges as he or she considers 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 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 president in
consultation with the institutional board of advisors also may
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.
(b) As used in this section, "president" means:
(1) In the case of a freestanding community and technical
college, the president of the institution;
(2) In the cases of Glenville community and technical college
and Bluefield community and technical college, the president of Glenville state college and Bluefield state college, respectively;
and
(3) In all other cases, the president of the administratively
linked community and technical college.
(c) All tuition and fee charges in the total aggregate shall
comply with the terms of the institutions compact approved by the
policy commission based on peer comparisons or cost of instruction
as set forth in the goals for post-secondary education pursuant
to section one-a, article one of this chapter.
(d) A community and technical college may contract with any
other state institution of higher education for the participation
of its students in programs, activities or services of the other
institution and for the use of such fees collected.
§18B-3C-11.Shared facilities and resources; memoranda of
agreements; and joint administrative boards.
(a) To the maximum extent feasible, community and technical
colleges shall be developed as multi-site institutions utilizing
existing facilities, including cooperative use of existing
vocational education institutes and centers, offering services on
the campuses of existing baccalaureate and graduate institutions,
at work sites in collaboration with employers and other
appropriate venues. Subject to the limitation of section four,
article one-b of this chapter, new public capital investment in
physical facilities shall be kept to a minimum. All community and
technical colleges shall have missions encompassing the full range
of services and programs.
(b) The president, on behalf of the institution, may accept
federal grants and funds from county boards of education, other
local governmental bodies, corporations or persons. The president
may enter into memoranda of understanding agreements with such
governmental bodies, corporations or persons for the use or
acceptance of local facilities and for 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 president for the use by the
community and technical college and the president 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. In addition, 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) To facilitate the administration, operation and financing
of programs in shared facilities of any institution of public
higher education and a county board or boards of education, the
affected president 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
consider necessary and prudent for the operation of such shared
facilities. Such joint administrative boards, as an example, may consist of five members appointed as follows: The county board
of education appoints two members; the president shall appoints
two members; and one at-large member, who shall chair the joint
administrative board, is appointed by mutual agreement of the
board and the president. When two or more county boards of
education are participating in such shared program, such county
board appointments would be made by mutual agreement of each of
the participating county boards. Members would 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 would
serve for one year, one member appointed by the county board or
boards of education and one member appointed by the governing
board would serve for two years and the at-large member would
serve for three years. Subsequent appointments should be for
three years. A member would not serve more than two consecutive
terms. Members would 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 would be reimbursed
by their employer.
§18B-3C-12. Establishment of community and technical colleges.
Notwithstanding any other provision of this code to the
contrary, any institution or entity may establish a community and
technical college in any location in the state, without the
approval of the policy commission. Any such newly established community and technical college will be established with the
resources of the institution and without any additional
appropriation by the Legislature, and is required to meet all
essential conditions pursuant to section three, article three-c
of this chapter. Student tuition and fees charged at any
community and technical college may not exceed the rate
established for peer institutions by the policy commission.
ARTICLE 3F. COMMUNITY AND TECHNICAL COLLEGE SERVING THE KANAWHA
VALLEY.
§18B-3F-1. Legislative intent and findings.
(a) Legislative Intent. -- By establishing the community and
technical college serving the Kanawha valley, the following is the
intent of the Legislature:
(1) To focus on the benefits available to the Kanawha valley
and to the state of providing quality community and technical
college education; and
(2) To create a community and technical college to serve as
a delivery platform for higher education in the Kanawha valley.
(b) Findings. -- The Legislature finds the following:
(1) That the Kanawha valley is an area of the state that is
under-served for community and technical college education and
that deserves more convenient access to higher education
opportunities, including access to workforce development programs;
(2) That, in order to satisfy the growing needs of the
Kanawha valley region for access to quality higher education
programs, the community and technical college serving the Kanawha
valley must meet the goals for comprehensive community and technical college education described in section two, article
three-c of this chapter and must meet the essential conditions for
a comprehensive community and technical college education as
described in section three, article three-c of this chapter.
§18B-3F-2. Establishment and operation of the community and
technical college serving the Kanawha valley;
authority and duty to purchase property, expend
appropriations and conduct programs.
(a) There is hereby established a community and technical
college serving the Kanawha valley, to be named by the policy
commission, and to be built on the bases of the existing
components at Marshall university, West Virginia state college and
West Virginia university institute of technology. The central
administration of the college shall be located in the greater
Charleston metropolitan area.
(b) The community and technical college serving the Kanawha
valley shall be developed as a multi-site institution with
alliances with the vocational education institutes and centers in
the region and shall endeavor to make maximum use of existing
resources and facilities on the campuses of Marshall university,
West Virginia state college and West Virginia university institute
of technology. The policy commission shall work cooperatively
with representatives from the sponsoring institutions and the
current community and technical college components of West
Virginia state college, Marshall university and West Virginia
university institute of technology, to determine the structure and mission of the independently accredited community and technical
college serving the Kanawha valley.
(c) The president and institutional board of advisors shall
be appointed pursuant to the provisions of this chapter, and are
responsible, according to a plan approved by the policy
commission, for step-by-step implementation of the new
independently-accredited community and technical college which
will adhere to the essential conditions pursuant to section three,
article three-c of this chapter.
(d) The component community and technical colleges at
Marshall university, West Virginia state college and West Virginia
university institute of technology shall migrate from their
current status to the independently accredited community and
technical college serving the Kanawha valley: Provided, That
nothing herein prohibits West Virginia state college from offering
associate degree programs through a component community college.
Pursuant to an approved compact with the policy commission, West
Virginia university institute of technology shall retain selected
associate degree programs in engineering and technology that
require high levels of proficiency in mathematics and science or
are integrated with its baccalaureate programs. Nothing herein
may be construed to require Marshall university, West Virginia
state college and West Virginia university institute of technology
to discontinue any associate degree program in areas of particular
institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a
baccalaureate institution.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-2. Employment of chief of operations; executive director
for community and technical colleges and workforce
development; executive director for health sciences
research and development; central office; powers and
duties generally.
(a) With the consent of the commission, the chief executive
officer shall employ a chief of operations who serves at the will
and pleasure of the chief executive officer. Any reference in
this code to the senior administrator means the chief of
operations, which senior administrator shall become the chief of
operations. The chief of operations is responsible for the duties
and obligations assigned to the senior administrator.
(a) (b) The senior administrator chief of operations has a
ministerial duty, in consultation with and under direction of the
chancellors chief executive officer, to perform such functions,
tasks and duties as may be necessary to carry out the policy
directives of the governing boards commission and such other
duties as may be prescribed by law.
(b) (c) The senior administrator chief of operations 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 considered desirable and appropriate. The senior
administrator chief of operations 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
the article as well as all other rights and privileges accorded
classified employees by the provisions of this code.
(d) On the effective date of this section, the office of the
senior administrator and all personnel employed on the thirtieth
day of June, two thousand, within the higher education central
office, the West Virginia network for educational telecomputing,
and the offices of the chancellor of the board of trustees and the
chancellor of the board of directors, shall be transferred to the
jurisdiction of the chief executive officer: Provided, That prior
to the first day of October, two thousand, no employee shall be
terminated or have his or her salary and benefit levels reduced
as the sole result of the governance reorganization that becomes
effective on the first day of July, two thousand.
(c) (e) The senior administrator chief of operations shall
follow state and national education trends and gather data on
higher education needs.
(d) (f) The senior administrator chief of operations, in
accordance with established guidelines and in consultation with
and under the direction of the chancellors chief executive officer
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) (g) The senior administrator chief of operations has a
fiduciary responsibility to administer the tuition and
registration fee capital improvement revenue bond accounts of the
governing boards.
(f) (h) The senior administrator chief of operations shall
administer the purchasing system or systems of the governing
boards commission, the chief executive officer, and the respective
state institutions of higher education: Provided, That the chief
executive officer may at his or her discretion delegate authority
for the administration systems or portions thereof to the
institution presidents.
(g) (i) The senior administrator chief of operations shall
be is responsible for the management of the West Virginia network
for educational telecomputing (WVNET). The senior administrator
chief of operations shall establish a computer policy board
advisory board, which shall be representative of both the
university system and the college system higher education and
other users of the West Virginia Network for Educational
Telecomputing as the chief executive officer. It shall be is the
responsibility of the computer policy board advisory board to
recommend to the secretary of the department of education and the
arts chief executive officer policies for a statewide shared
computer system.
(j) The central office, under the direction of the chief of
operations, shall provide necessary staff support to the
commission and the chief executive officer.
(h) (k) The chief of operations shall administer any program
or service authorized or required to be performed by the governing
boards board of trustees or the board of directors prior to the
effective date of this section and not specifically assigned to
the board of trustees or the board of directors may be
administered by the senior administrator another agency, or, with
the approval of the policy commission, may assign the
responsibility for such administration to another agency or
institution under the jurisdiction of the policy commission. In
addition, the chief of operations shall administer any program or
service authorized or required to be performed by the commission
or the chief executive officer, but not assigned specifically to
the commission or the chief executive officer. Such program or
service may include, but shall not be limited to,
telecommunications activities and other programs and services
provided for under grants and contracts from federal and other
external funding sources.
(l) With the consent of the commission, the chief executive
officer shall employ an executive director for community and
technical colleges and workforce development, who serves at the
will and pleasure of the chief executive officer, and whose duties
include the general supervision of the joint commission for
vocational-technical-occupational education, as provided in
article three-a of this chapter, and such other duties as
assigned. Any reference in this code to the vice chancellor for
community and technical colleges means the executive director for
community and colleges and workforce development, which vice chancellor shall become the executive director for community and
technical colleges and workforce development. The executive
director is responsible for the duties and obligations assigned
to the vice chancellor for community and technical colleges.
(m) With the consent of the commission, the chief executive
officer shall employ an executive director for health sciences
research and development, who serves at the will and pleasure of
the chief executive officer. Any reference in this code to the
vice chancellor for health sciences means the executive director
for health sciences research and development, which vice
chancellor shall become the executive director for health sciences
research and development. The executive director is responsible
for the duties and obligations assigned to the vice chancellor for
health sciences, and for coordinating, facilitating and overseeing
the impact of health sciences programs on the health needs of the
state, with particular emphasis on rural health.
§18B-4-8.West Virginia anatomical board; powers and duties
relating to anatomical gifts; requisition of bodies;
autopsies; transportation of bodies; expenses of
preservation; bond required; offenses and penalties.
(a) There is hereby established the "West Virginia Anatomical
Board" which consists of the following four members: (1) The dean
of the school of dentistry, West Virginia university; (2) the
chairperson of the department of anatomy, West Virginia
university; (3) the chairperson of the department of anatomy,
school of medicine, Marshall university; and (4) the dean of the
school of medicine, West Virginia school of osteopathic medicine.
(b) The board shall have authority to appoint such officers,
employees and agents as may be necessary to carry out the purposes
for which the board is organized. It shall keep a full and
complete record of its transactions, showing, among other things,
every dead human body coming under its authority, giving name,
sex, age, date of death, place from which received, and when and
from whom received, which record shall be open at all times to the
inspection of the attorney general and any prosecuting attorney
in the state.
(c) The board shall be responsible for making requisition
for, receiving, and making disposition of the dead human bodies
for the scientific uses and purposes of reputable educational
institutions, within the state and elsewhere, having medical,
osteopathy, dentistry or nursing schools. The board shall have
full power to establish rules for its own government and for the
requisition, use, disposition and control of such bodies as may
come under its authority by way of gift, pursuant to this section
or pursuant to section four, article nineteen, chapter sixteen of
this code.
(d) All dead human bodies which may come under the charge or
control of any mortician, any officer or agent of the department
of welfare or of any county commission or municipality, or any
superintendent, officer or agent having the supervision of any
prison, morgue, hospital, or other public institution in this
state, and which may be required to be buried at public expense,
shall be subject to the requisition of the board as provided in
this section. No such body shall be delivered to the board if any person related to the deceased by blood or marriage shall make a
statement in writing to that effect, and shall claim such body for
burial, or shall make affidavit that the relative is unable to
bear the expense of burial and desires that the deceased be buried
at public expense. This statement and affidavit may be filed by
any such relative with the person having charge and control of the
body of the person so claimed, either before or after the death
of such person.
(e) No autopsy shall be performed on any unclaimed body
without the written permission of the board, except upon the
proper order of a duly authorized law-enforcement officer.
(f) It shall be the duty of any person who has charge or
control of any unclaimed body, subject to requisition by the
board, to give notice to the board of that fact by telephone or
telegraph within twenty-four hours after such body comes under
that person's control. Thereafter, such person shall hold the
body subject to the order of the board for at least twenty-four
hours after the sending of such notice. If the board makes
requisition for the body within the twenty-four hour period, it
shall be delivered, pursuant to the order of the board, to the
board or its authorized agent for transportation to any
educational institution which the board considers to be in bona
fide need of the body and able to adequately control, use and
dispose of the body. The board shall make suitable arrangements
for the transportation of any body, or part or parts of any body,
which may come under its authority to the educational institution.
All expenses incurred in connection with the preservation, delivery and transportation of any body delivered pursuant to the
order of the board shall be paid by the educational institution
receiving the body.
(g) No dead body may be received or requisitioned by the
board until the members of the board have filed a bond with the
clerk of the circuit court of Kanawha County in a penalty of one
thousand dollars, with good security, signed by a responsible
person or persons, or by some surety company authorized to do
business in this state, or have proved to the clerk that they are
covered by a suitable bond in at least that amount, conditioned
for the faithful performance of their duties.
(h) Any person who neglects, refuses or fails to perform any
duty required by this section relating to the board is guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by
a fine of not more than one hundred dollars or by imprisonment in
the county or regional jail for not more than ten days, or by both
such fine and imprisonment. Any person who fails to give the
required notice that that person has charge of an unclaimed body
subject to requisition by the board shall also be personally
liable for all burial expenses, if such body was buried at public
expense, to the public agency that paid for the burial.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-3. Authority to contract for programs, services and
facilities.
The governing boards are education policy commission is
authorized and empowered to enter into contracts and expend funds
for programs, services and facilities provided by public and private educational institutions, associations, boards, agencies,
consortia, corporations, partnerships, individuals and local,
state and federal governmental bodies within and outside of West
Virginia in order that maximum higher educational opportunities
of high quality may be provided to the citizens of the state in
the most economical manner: Provided, That in no event shall may
a contract for such services and facilities be entered into unless
the governing boards have education policy commission has
determined that such services and facilities are necessary and
that such services and facilities would be at a savings to the
state.
Notwithstanding the provisions of this section, nothing
herein contained shall supersede the responsibility and respective
duties of the commissioner of finance and administration, and the
director of the purchasing division of such department and the
attorney general for the execution and approval of the contracts
entered into under this article and such contracts shall be in
complete conformity with the provisions of articles three and
five, chapter five-a of this code.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment and printing.
(a) Each governing board, through the senior administrator
The education policy commission, through the chief of operations,
shall purchase or acquire all materials, supplies, equipment and
printing required for that board the policy commission, and the
state institutions of higher education under its jurisdiction.
The governing boards policy commission shall adopt rules governing and controlling acquisitions and purchases in accordance with the
provisions of this section. Such rules shall assure that the
governing board policy commission: (1) Shall Does not preclude
any person from participating and making sales thereof to the
board policy commission except as otherwise provided in section
five of this article: Provided, That the providing of consultant
services such as strategic planning services will not preclude or
inhibit the governing boards policy commission from considering
any qualified bid or response for delivery of a product or a
commodity because of the rendering of those consultant services;
(2) shall establish and prescribe specifications, in all proper
cases, for materials, supplies, equipment and printing to be
purchased; (3) shall adopt and prescribe such purchase order,
requisition or other forms as may be required; (4) shall negotiate
for and make purchases and acquisitions in such quantities, at
such times and under contract, in the open market or through other
accepted methods of governmental purchasing as may be practicable
in accordance with general law; (5) shall advertise for bids on
all purchases exceeding fifteen thousand dollars, to purchase by
means of sealed bids and competitive bidding or to effect
advantageous purchases through other accepted governmental methods
and practices: Provided, however, That for printing services, bids
shall be advertised by written notification of such bids to any
print shop, affiliated with an institution of higher education and
operated by classified employees, on all purchases exceeding five
thousand dollars; (6) shall post notices of all acquisitions and
purchases for which competitive bids are being solicited in the purchasing office of the specified institution involved in the
purchase, at least two weeks prior to making such purchases and
ensure that the notice is available to the public during business
hours; (7) shall provide for purchasing in the open market; (8)
shall make provision for vendor notification of bid solicitation
and emergency purchasing; and (9) provide that competitive bids
shall not be are not required for purchases of one thousand
dollars or less.
(b) Each governing board, through the senior administrator,
The education policy commission, through the chief of operations,
may issue a check in advance to a company supplying postage meters
for postage used by that board the policy commission and by the
state institutions of higher education under its jurisdiction.
(c) When a purchase is to be made by bid, any or all bids may
be rejected. However, all purchases based on advertised bid
requests shall be awarded to the lowest responsible bidder taking
into consideration the qualities of the articles to be supplied,
their conformity with specifications, their suitability to the
requirements of the governing boards policy commission and
delivery terms: Provided, That the preference for resident
vendors as provided in section thirty-seven, article three,
chapter five-a of this code shall apply to the competitive bids
made pursuant to this section.
(d) The governing boards policy commission shall maintain a
purchase file, which shall be a public record and open for public
inspection. After the award of the order or contract, the
governing boards policy commission shall indicate upon the successful bid that it was the successful bid, and shall further
indicate why bids are rejected and, if the mathematical low vendor
is not awarded the order or contract, the reason therefor. No
records in the purchase file shall be destroyed without the
written consent of the legislative auditor. Those files in which
the original documentation has been held for at least one year and
in which the original documents have been reproduced and archived
on microfilm or other equivalent method of duplication may be
destroyed without the written consent of the legislative auditor.
All files, no matter the storage method, shall be open for
inspection by the legislative auditor upon request.
(e) The governing boards policy commission shall also adopt
rules to prescribe qualifications to be met by any person who is
to be employed as a buyer pursuant to this section. These rules
shall require that no person may be employed as a buyer unless
that person, at the time of employment, either is: (1) A graduate
of an accredited college or university; or (2) has at least four
years' experience in purchasing for any unit of government or for
any business, commercial or industrial enterprise. Any person
making purchases and acquisitions pursuant to this section shall
execute a bond in the penalty of fifty thousand dollars, payable
to the state of West Virginia, with a corporate bonding or surety
company authorized to do business in this state as surety thereon,
in form prescribed by the attorney general and conditioned upon
the faithful performance of all duties in accordance with sections
four through eight of this article and the rules of the governing
boards policy commission. In lieu of separate bonds for such buyers, a blanket surety bond may be obtained. Any such bond or
bonds shall be filed with the secretary of state. The cost of any
such bond or bonds shall be paid from funds appropriated to the
applicable governing board policy commission.
(f) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article two,
chapter five-a of this code, relating to expenditure schedules and
quarterly allotments of funds.
(g) The governing boards policy commission may make
requisitions upon the auditor for a sum to be known as an advance
allowance account, in no case to exceed five percent of the total
of the appropriations for the board policy commission, and the
auditor shall draw a warrant upon the treasurer for such accounts;
and all such advance allowance accounts shall be accounted for by
the applicable governing board policy commission once every
thirty days or more often if required by the state auditor. Such
authority shall not be delegated to any state institution under
the control and supervision of the board.
(h) Contracts entered into pursuant to this section shall be
signed by the applicable governing board policy commission in the
name of the state and shall be approved as to form by the attorney
general: Provided, That a contract in which the total does not
exceed five thousand dollars and for which the attorney general
has not responded within fifteen days of presentation of the
contract, the contract shall be deemed approved: Provided,
however, That a contract or a change order for that contract which in total does not exceed fifteen thousand dollars and which uses
terms and conditions or standardized forms previously approved by
the attorney general and does not make substantive changes in the
terms and conditions of the contract does not require approval by
the attorney general: Provided, however further, That the
attorney general shall make a list of those changes which he or
she deems to be substantive and the list, and any changes thereto,
shall be published in the state register A contract that exceeds
fifteen thousand dollars shall be filed with the state auditor:
Provided And provided further, That upon request, the governing
boards policy commission shall make all contracts available for
inspection by the state auditor. The governing board policy
commission shall prescribe the amount of deposit or bond to be
submitted with a bid or contract, if any, and the amount of
deposit or bond to be given for the faithful performance of a
contract. If the governing board policy commission purchases or
contracts for materials, supplies, equipment and printing contrary
to the provisions of sections four through seven of this article
or the rules pursuant thereto, such purchase or contract shall be
void and of no effect.
(i) Either governing board The policy commission may request
the director of purchases to make available, from time to time,
the facilities and services of that department to the board
commission in the purchase and acquisition of materials, supplies,
equipment and printing, and the director of purchases shall
cooperate with that governing board the policy commission in all
such purchases and acquisitions upon such request.
(j) Each governing board The policy commission shall permit
private institutions of higher education to join as purchasers on
purchase contracts for materials, supplies and equipment entered
into by that governing board the policy commission. Any private
school desiring to join as purchasers on such purchase contracts
shall file with that governing board the policy commission an
affidavit signed by the president of the institution of higher
education or a designee requesting that it be authorized to join
as purchaser on purchase contracts of that governing board the
policy commission and agreeing that it will be bound by such terms
and conditions as that governing board the policy commission may
prescribe, and that it will be responsible for payment directly
to the vendor under each purchase contract.
(k) Notwithstanding any other provision of this code to the
contrary, the governing boards policy commission may make
purchases from the federal government or from federal government
contracts if the materials, supplies, equipment or printing to be
purchased is available from the federal government or from a
federal contract and purchasing from the federal government or
from a federal government contract would be the most financially
advantageous manner of making the purchase.
(l) An independent performance audit of all purchasing
functions and duties which are performed at any institution of
higher education shall be performed each fiscal year. The joint
committee on government and finance shall conduct the performance
audit and the governing boards policy commission shall be responsible for paying the cost of the audit from funds
appropriated to the governing boards policy commission.
(m) The governing boards policy commission shall require each
institution under their respective its jurisdiction to notify and
inform every vendor doing business with that institution of the
provisions of section fifty-four, article three, chapter five-a
of this code, also known as the "Prompt Pay Act of 1990".
(n) Consultant services, such as strategic planning services,
shall may not preclude or inhibit the governing boards policy
commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services.
ARTICLE 6. ADVISORY BOARDS.
§18B-6-1. Institutional boards of advisors.
(a) There is established at each state institution of higher
education, hereinafter referred to as the "institution", including
centers and branches thereof, an institutional board of advisors.
The board of advisors consists of fifteen members, including an
administrative officer of the institution appointed by the
president of the institution; a full-time member of the faculty
with the rank of instructor or above duly elected by the faculty;
a member of the student body in good academic standing, enrolled
for college credit work and duly elected by the student body; a
member of the institutional classified staff duly elected by the
classified staff; eleven lay persons who have demonstrated a
sincere interest in and concern for the welfare of that
institution and who are representative of its population and fields of study. Provided, That in the case of a community and
technical college, the eleven lay members shall be appointed from
the membership of the institution's district consortia committee.
Three of those eleven lay members are appointed by the chief
executive officer. Eight of those lay members are appointed by
the president of the institution. At least four of the eleven lay
persons appointed shall be residents of the state. Of the lay
members who are residents of the state, at least two shall be
alumni of the institution, and no more than a simple majority may
be of the same political party.
The administrative officer and student member serve for a
term of one year; the faculty member and the classified staff
member serve for a term of two years and the eleven lay members
serve terms of four years each. All members, except the
administrative officer, are eligible to succeed themselves for no
more than one additional term. A vacancy in an unexpired term of
a member shall be filled within sixty days of the occurrence
thereof in the same manner as the original appointment or
election. Except in the case of a vacancy, all elections shall
be held and all appointments shall be made no later than the
thirtieth day of April preceding the commencement of the term.
Each board of advisors shall hold a regular meeting at least
quarterly, commencing in July of each year. Additional meetings
may be held upon the call of the chairman, president of the
institution or upon the written request of at least four members.
A majority of the members constitutes a quorum for conducting the
business of the institutional board of advisors.
(b) One of the eleven lay members shall be elected as
chairman by the board of advisors in July of each year: Provided,
That no member may serve as chairman for more than two consecutive
years at a time.
The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors serve
without compensation, but shall be reimbursed for all reasonable
and necessary expenses actually incurred in the performance of
their official duties under this section upon presentation of an
itemized sworn statement thereof. All expenses incurred by the
board of advisors and the institution under this section shall be
paid from funds allocated to the institution for that purpose.
(c) The board of advisors shall review, prior to the
submission by the president to the policy commission, all
proposals of the institution in the areas of mission, academic
programs, budget, capital facilities and such other matters as
requested by the president of the institution or the policy
commission or otherwise assigned to it by law. The institutional
board of advisors shall comment on each such proposal in writing,
with such recommendations for concurrence therein or revision or
rejection thereof as it considers proper. The written comments
and recommendations shall accompany the proposal to the policy
commission and the policy commission shall include the comments
and recommendations in its consideration of and action on the
proposal. The policy commission shall promptly acknowledge
receipt of the comments and recommendations and shall notify the institutional board of advisors in writing of any action taken
thereon.
(d) The institutional board of advisors shall review, prior
to their implementation by the president, all proposals regarding
institution-wide personnel policies. The board of advisors may
comment on the proposals in writing.
(e) The board of advisors shall provide advice and assistance
to the president in establishing closer connections between higher
education and business, labor, government, community and economic
development organizations to give students greater opportunities
to experience the world of work, such as business and community
service internships, apprenticeships and cooperative programs; to
communicate better and serve the current work force and work force
development needs of their geographic area of responsibility,
including the needs of nontraditional students for college-level
skills upgrading and retraining and the needs of employers for
specific programs of limited duration; and to assess the
performance of the institution's graduates and assist in job
placement. The administrative officer of the institution serving
on the advisory council may be assigned the responsibility for
coordinating the institution's activities related to economic
development.
(f) Upon the occurrence of a vacancy in the office of
president of the institution, the institutional board of advisors
shall serve as a search and screening committee for candidates to
fill the vacancy under guidelines established by the policy
commission. When serving as a search and screening committee, the board of advisors and the policy commission are each authorized
to appoint up to three additional persons to serve on the
committee as long as the search and screening process is in
effect. The three additional appointees of the board of advisors
shall be faculty members of the institution. Only for the
purposes of the search and screening process, the additional
members shall possess the same powers and rights as the regular
members of the institutional board of advisors, including
reimbursement for all reasonable and necessary expenses actually
incurred. Following the search and screening process, the
committee shall submit the names of at least three candidates to
the policy commission for consideration and appointment. If the
policy commission rejects all candidates submitted, the committee
shall submit the names of at least three additional candidates,
and this process shall be repeated until the policy commission
appoints one of the candidates submitted. The policy commission
shall provide all necessary staff assistance to the board of
advisors in its role as a search and screening committee.
(g) The institutional board of advisors has the following
additional duties:
(1) The responsibility to develop the institutional compacts
for their respective institutions under the guidance and direction
of the commission pursuant to section two, article one-a of this
chapter;
(2) The authority to participate in any orientation or
leadership training or education opportunities provided or
arranged by the commission;
(3) Consult with the president of the institution in the
preparation by the president of an institutional compact for
submission to the commission;
(4) Propose to the commission the total compensation package
from all sources for the president of the institution;
(5) Consult with the president of the institution in the
promulgation of rules by the president;
(6) Submit to the commission a list of candidates for
president of the institution pursuant to the provisions of this
section;
(7) By lead of the chief of operations, conduct written
performance evaluations of the president in every fourth year of
employment as president, recognizing unique characteristics of the
institution and utilizing institutional personnel and persons
knowledgeable in higher education matters who are not otherwise
employed by the president. A part of the evaluation shall be a
determination of the success of the institution in meeting the
requirements of its institutional compact;
(8) Consult with the president in the performance of his or
her presidential powers and duties, as provided in section one,
article two-a of this chapter;
(9) Consult with the president, or provost where appropriate,
in their regular review, revision, elimination and establishment
of programs within their geographic area of responsibility to
assure that the needs of the area are met. In the case of
community and technical colleges the president or provost and
institutional board of advisors shall seek assistance from and utilize a district consortium committee in fulfilling this
responsibility;
(10) In the case of community and technical colleges, share
accountability with the president of the institution to the
commission for ensuring that the full range of community and
technical college services are available throughout the geographic
area of responsibility and that the community and technical
college adheres, as nearly as possible, to the essential
conditions pursuant to section three, article three-c of this
chapter, with the possible exception of independent accreditation;
(11) Advise the president on a comprehensive assessment of
the needs in the geographic area of responsibility, on
coordinating efforts with regional labor market information
systems, and on other areas as provided for institutional boards
of advisors;
(12) Share responsibility with the president of the
institution to the commission, and according to a plan approved
by the commission, for the step-by-step implementation of the new
independently-accredited community and technical colleges, as
provided in article three-c of this chapter;
(13) Share responsibility with the president of the
institution to the commission, and according to a plan approved
by the commission, for meeting the terms of the institutional
compact throughout their geographic area of responsibility;
(14) Consult with the president in fixing tuition and
establishing and setting such other fees to be charged students
at community and technical colleges;
(15) Consult with the president in establishing special fees
for such purposes as provided in section ten, article three-c of
this chapter; and
(16) Consult with the president of the institution in
establishing and operating a bookstore at the institution.
§18B-6-1a. Institutional boards of advisors; meetings.
(a) The institutional boards of advisors shall hold at least
six meetings in every fiscal year, including an annual meeting
each June: Provided, That an annual meeting for the purpose of
selecting the first chairperson and other officers shall be held
during July, two thousand. The president of the appropriate
institution shall call the first meeting of the institutional
boards of advisors in July, two thousand one or as soon thereafter
as practicable and preside until officers are elected. Officers
elected in July, two thousand one shall begin their terms upon
election and shall serve until the thirtieth day of June the
following year. Of the twelve voting members of the institutional
boards of advisors, seven shall constitute a quorum, and a
majority vote of the quorum shall be necessary to pass upon
matters before the board of governors.
(b) The institutional boards of advisors may set aside time
as they consider appropriate to afford administrators, faculty,
students and classified staff an opportunity to discuss issues
affecting these groups.
§18B-6-2a. State advisory council of faculty.
(a) Effective the first day of July, two thousand one, there
is hereby established the state advisory council of faculty. For the purposes of this section, the state advisory council of
faculty shall be referred to as the "council".
(b) During the month of April of each odd-numbered year,
beginning in the year two thousand one, each president or other
administrative head of a state institution of higher education,
including, but not limited to, Potomac state college of West
Virginia university, West Virginia university at Parkersburg, West
Virginia university institute of technology, Robert C. Byrd health
sciences Charleston division of West Virginia university and the
Marshall university graduate college, at the direction of the
council and in accordance with procedures established by the
council, shall convene a meeting or otherwise institute a
balloting process to elect one faculty to serve on the state
advisory council of faculty. Terms of the members of each council
shall be for two years and shall begin on the first day of July
of each odd-numbered year and members of the council shall be
eligible to succeed themselves.
(c) The council of faculty shall meet at least once each
quarter. One of the quarterly meetings shall be during the month
of July, at which meeting the council shall elect a chairman:
Provided, That the chair shall serve no more than two consecutive
terms as chair. No member may vote by proxy at the election. In
the event of a tie in the last vote taken for such election, a
member authorized by the council shall select the chairman by lot
from the names of those persons tied. Immediately following the
election of a chairman, the council shall elect, in the manner
prescribed by this section for the election of a chairman, a member of the council to preside over meetings of the council in
the chairman's absence. Should the chairman vacate the position,
the council shall meet and elect a new chairman to fill the
unexpired term within thirty days following the vacancy.
(d) The state advisory council of faculty, through its
chairman and in any appropriate manner, shall communicate to the
policy commission, through the chief executive officer, matters
of higher education in which the faculty members may have an
interest.
(e) The policy commission annually, between the months of
October and December, shall meet with the advisory council of
faculty to discuss matters of higher education in which the
faculty members or the commission may have an interest.
(f) Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual
and necessary expenses incurred in the performance of their
official duties from funds allocated to the state institution of
higher education served.
(g) Each advisory council shall cause to be prepared minutes
of its meetings, which minutes shall be available, upon request,
to any faculty member of a state institution of higher education
represented on the council.
§18B-6-3a. State advisory council of students.
(a) Effective the first day of July, two thousand one, there
is hereby established the state advisory council of students. For
the purposes of this section, the state advisory council of
students shall be referred to as the "council".
(b) During the month of April of each year, beginning in the
year two thousand one, each student government organization at
each state institution of higher education, including, but not
limited to, Potomac state college of West Virginia university,
West Virginia university at Parkersburg, West Virginia university
institute of technology, Robert C. Byrd health sciences Charleston
division of West Virginia university and the Marshall university
graduate college, at the direction of the council and in
accordance with procedures established by the council, shall elect
a student, who may be the elected head or president of the
organization, to serve on the state advisory council of students.
Terms of the members of each council shall be for one year and
shall begin on the first day of July of each year and members of
the council shall be eligible to succeed themselves.
(c) The council of students shall meet at least once each
quarter. One of the quarterly meetings shall be during the month
of July, at which meeting the council shall elect a chairman. No
member may vote by proxy at the election. In the event of a tie
in the last vote taken for such election, a member authorized by
the council shall select the chairman by lot from the names of
those persons tied. Immediately following the election of a
chairman, the council shall elect, in the manner prescribed by
this section for the election of a chairman, a member of the
council to preside over meetings of the council in the chairman's
absence. Should the chairman vacate the position, the council
shall meet and elect a new chairman to fill the unexpired term
within thirty days following the vacancy.
(d) The state advisory council of students, through its
chairman and in any appropriate manner, shall communicate to the
policy commission, through the chief executive officer, matters
of higher education in which the student members may have an
interest.
(e) The policy commission annually, between the months of
October and December, shall meet with the advisory council of
students to discuss matters of higher education in which the
student members or the commission may have an interest.
(f) Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual
and necessary expenses incurred in the performance of their
official duties from funds allocated to the state institution of
higher education served.
(g) Each advisory council shall cause to be prepared minutes
of its meetings, which minutes shall be available, upon request,
to any student of a state institution of higher education
represented on the council.
§18B-6-4a. State advisory councils of classified employees.
(a) Effective the first day of July, two thousand one, there
is hereby established the state advisory council of classified
employees. For the purposes of this section, the state advisory
council of classified employees shall be referred to as the
"council".
(b) During the month of April of each odd-numbered year,
beginning in the year two thousand one, each president or other
administrative head of a state institution of higher education, including, but not limited to, Potomac state college of West
Virginia university, West Virginia university at Parkersburg, West
Virginia university institute of technology, Robert C. Byrd health
sciences Charleston division of West Virginia university and the
Marshall university graduate college, at the direction of the
council and in accordance with procedures established by the
council, shall convene a meeting or otherwise institute a
balloting process to elect one classified employee to serve on the
state advisory council of classified employees. Terms of the
members of each council shall be for two years and shall begin on
the first day of July of each odd-numbered year and members of the
council shall be eligible to succeed themselves.
(c) The council of classified employees shall meet at least
once each quarter. One of the quarterly meetings shall be during
the month of July, at which meeting the council shall elect a
chairman: Provided, That the chair shall serve no more than two
consecutive terms as chair. No member may vote by proxy at the
election. In the event of a tie in the last vote taken for such
election, a member authorized by the council shall select the
chairman by lot from the names of those persons tied. Immediately
following the election of a chairman, the council shall elect, in
the manner prescribed by this section for the election of a
chairman, a member of the council to preside over meetings of the
council in the chairman's absence. Should the chairman vacate the
position, the council shall meet and elect a new chairman to fill
the unexpired term within thirty days following the vacancy.
(d) The state advisory council of classified employees,
through its chairman and in any appropriate manner, shall
communicate to the policy commission, through the chief executive
officer, matters of higher education in which the classified
employees may have an interest.
(e) The policy commission annually, between the months of
October and December, shall meet with the advisory council of
classified employees to discuss matters of higher education in
which the classified employees or the commission may have an
interest.
(f) Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual
and necessary expenses incurred in the performance of their
official duties from funds allocated to the state institution of
higher education served.
(g) Each advisory council shall cause to be prepared minutes
of its meetings, which minutes shall be available, upon request,
to any classified employee of a state institution of higher
education represented on the council.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Seniority for full-time classified personnel; seniority
to be observed in reducing work force; preferred
recall list; renewal of listing; notice of
vacancies.
(a) Definitions for terms used in this section are in
accordance with those provided in section two, article nine of
this chapter except that the provisions of this section shall apply only to classified employees whose employment, if continued,
accumulates to a minimum total of one thousand forty hours during
a calendar year and extends over at least nine months of a
calendar year: Provided, That this section also applies to any
classified employee who is involuntarily transferred to a position
in nonclassified status for which he or she did not apply:
Provided, however, That any classified employee involuntarily
transferred to a position in nonclassified status may only
exercise the rights set out in this section for positions
equivalent to or lower than the last job class the employee held.
(b) All decisions by the appropriate governing board or their
education policy commission or its agents at state institutions
of higher education concerning reductions in work force of full-
time classified personnel, whether by temporary furlough or
permanent termination, shall be made in accordance with this
section. For layoffs by classification for reason of lack of
funds or work, or abolition of position or material changes in
duties or organization and for recall of employees laid off,
consideration shall be given to an employee's seniority as
measured by permanent employment in the service of the state
system of higher education. In the event that the institution
wishes to lay off a more senior employee, the institution shall
demonstrate that the senior employee cannot perform any other job
duties held by less senior employees of that institution in the
same job class or any other equivalent or lower job class for
which the senior employee is qualified: Provided, That if an
employee refuses to accept a position in a lower job class, the employee shall retain all rights of recall provided in this
section. If two or more employees accumulate identical seniority,
the priority shall be determined by a random selection system
established by the employees and approved by the institution.
(c) Any employee laid off during a furlough or reduction in
work force shall be placed upon a preferred recall list and shall
be recalled to employment by the institution on the basis of
seniority. An employee's listing with an institution shall remain
active for a period of one calendar year from the date of
termination or furlough or from the date of the most recent
renewal. If an employee fails to renew the listing with the
institution, the employee's name may be removed from the list.
An employee placed upon the preferred list shall be recalled to
any position opening by the institution within the classifications
in which the employee had previously been employed or to any
lateral position for which the employee is qualified. An employee
on the preferred recall list shall not forfeit the right to recall
by the institution if compelling reasons require the employee to
refuse an offer of reemployment by the institution.
The institution shall notify all employees maintaining active
listings on the preferred recall list of all position openings
that from time to time exist. The notice shall be sent by
certified mail to the last known address of the employee. It is
the duty of each employee listed to notify the institution of any
change in address and to timely renew the listing with the
institution. No position openings shall be filled by the
institution, whether temporary or permanent, until all employees on the preferred recall list have been properly notified of
existing vacancies and have been given an opportunity to accept
reemployment.
(d) A nonexempt classified employee, including a nonexempt
employee who has not accumulated a minimum total of one thousand
forty hours during the calendar year or whose contract does not
extend over at least nine months of a calendar year, who meets the
minimum qualifications for a nonexempt job opening at the
institution where the employee is currently employed, whether the
job is a lateral transfer or a promotion, and applies for the job
shall be transferred or promoted before a new person is hired
unless the hiring is affected by mandates in affirmative action
plans or the requirements of Public Law 101-336, the Americans
With Disabilities Act. If more than one qualified, nonexempt
classified employee applies, the best-qualified nonexempt
classified employee shall be awarded the position. In instances
where the classified employees are equally qualified, the
nonexempt classified employee with the greatest amount of
continuous seniority at that state institution of higher education
shall be awarded the position. A nonexempt classified employee
is one to whom the provisions of the Federal Fair Labor Standards
Act, as amended, apply.
(e) In addition to any other information required, any
application for personnel governed by the provisions of this
section shall include the applicant's social security number.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-2. Definitions.
As used in this article:
(a) "Classified employee or employee" means any regular
full-time or regular part-time employee of a governing board the
policy commission, including all employees of the West Virginia
network for educational telecomputing and beginning the first day
of July, one thousand nine hundred ninety, includes employees at
the central office of the governing boards policy commission, who
hold a position that is assigned a particular job title and pay
grade in accordance with the personnel classification system
established by the appropriate governing board policy commission
and shall include all employees of the West Virginia network for
educational telecomputing;
(b) "Nonclassified employee" means an individual who is
responsible for policy formation at the department or
institutional level, or reports directly to the president, or is
in a position deemed critical to the institution by the president
pursuant to policies adopted by the policy commission: Provided,
That the percentage of personnel placed in the category of
"nonclassified" at any given institution shall not exceed ten
percent of the total number of employees of that institution who
are eligible for membership in any state retirement system of the
state of West Virginia or other retirement plan authorized by the
state: Provided, however, That an additional ten percent may be
placed in the category of "nonclassified" if they are in a
position deemed critical to the institution by the president. Final approval of such placement shall be with the appropriate
governing board policy commission;
(c) "Job description" means the specific listing of duties
and responsibilities as determined by the appropriate governing
board policy commission and associated with a particular job
title;
(d) "Job title" means the name of the position or job as
defined by the appropriate governing board policy commission;
(e) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to
rectify salary inequities or accommodate competitive market
conditions in accordance with rules established by the appropriate
governing board policy commission;
(f) "Pay grade" means the number assigned by the appropriate
governing board policy commission to a particular job title and
refers to the vertical column heading of the salary schedule
established in section three of this article;
(g) "Personnel classification system" means the process of
job categorization adopted by the appropriate governing board
policy commission by which job title, job description, pay grade
and placement on the salary schedule are determined;
(h) "Salary" means the amount of compensation paid through
the state treasury per annum to a classified employee;
(i) "Schedule" or "salary schedule" means the grid of annual
salary figures established in section three of this article; and
(j) "Years of experience" means the number of years a person
has been an employee of the state of West Virginia and refers to the horizontal column heading of the salary schedule established
in section three of this article. For the purpose of placement
on the salary schedule pursuant to said section, employment for
nine months or more shall equal one year of experience, but no
classified employee may accrue more than one year of experience
during any given fiscal year. Employment for less than full time
or less than nine months during any fiscal year shall be prorated.
For the purpose of determining the amount of annual salary
increase pursuant to subsection (b), section five of this article,
employment for less than twelve months during any fiscal year
shall be prorated. In accordance with rules established by the
appropriate governing board policy commission, a classified
employee may be granted additional years of experience not to
exceed the actual number of years of prior, relevant work or
experience at accredited institutions of higher education other
than state institutions of higher education.
§18B-9-10. Higher education employees' catastrophic leave bank
and leave transfer.
(a) A classified or employee, nonclassified employee or
faculty member with a twelve month contract employed by the higher
education governing board or by the central office may donate sick
and annual leave to a leave bank established and operated in
accordance with the provisions of subsection (c) of this section
or directly to another employee in accordance with the provisions
of subsection (d) of this section. No employee shall be compelled
to donate sick or annual leave. Any leave donated by an employee
pursuant to this section shall be used only for the purpose of catastrophic illness or injury as defined in subsection (b) of
this section and shall reduce, to the extent of such donation, the
number of days of annual or sick leave to which the employee is
entitled.
(b) For the purpose of this section, a catastrophic illness
or injury means an illness or injury which is expected to
incapacitate the employee and which creates a financial hardship
because the employee has exhausted all sick and annual leave and
other paid time off. Catastrophic illness or injury shall also
include an incapacitated immediate family member as defined by the
appropriate governing board chief executive officer if this
results in the employee being required to take time off from work
for an extended period of time to care for the family member and
the employee has exhausted all sick and annual leave and other
paid time off.
(c) A leave bank or banks may be established at each state
institution of higher education and the central office to which
employees may donate either sick or annual leave. The bank or
banks may be established jointly by the central office and both
governing boards, may be established for the central office and
each of the governing boards, or may be established chief of
operations and the presidents for the central office and each
institution of higher education under either governing board.
Sick or annual leave may be deposited in the leave bank, and such
deposit shall be reflected as a day-for-day deduction from the
sick or annual leave balance of the depositing employee.
Such deposited leave may be withdrawn by any employee
experiencing a catastrophic illness or injury as those terms are
defined in subsection (b) of this section upon appropriate
verification that the employee is unable to work due to the
catastrophic illness or injury as determined by the president of
the institution or senior administrator chief of operations,
approval of the withdrawal by the president of the institution or
senior administrator chief of operations, and written notice to
the personnel office. The withdrawal shall be reflected as a
day-for-day addition to the leave balance of the withdrawing
employee.
(d) Sick or annual leave may be donated to any employee
experiencing a catastrophic illness or injury as those terms are
defined in subsection (b) of this section. Such leave shall be
donated at the request of the employee upon appropriate
verification that the employee is unable to work due to the
catastrophic illness or injury as determined by the president of
the institution or senior administrator chief of operations. Upon
approval of the transfer of sick or annual leave by the president
of the institution or senior administrator chief of operations,
any employee may, upon written notice to the personnel office,
donate sick or annual leave in one-day increments. Donations
shall be reflected as a day-for-day deduction from the sick or
annual leave balance of the donating employee. An employee
receiving the transfer of sick or annual leave shall have any time
which is donated credited to such employee's account in one-day increments and reflected as a day-for-day addition to the leave
balance of the receiving employee.
(e) Use of donated credits may not exceed a maximum of twelve
continuous calendar months for any one catastrophic illness or
injury. The total amount of sick or annual leave withdrawn or
received may not exceed an amount sufficient to ensure the
continuance of regular compensation and shall not be used to
extend insurance coverage pursuant to section thirteen, article
sixteen, chapter five of this code. An employee withdrawing or
receiving donations of sick or annual leave pursuant to this
section shall use any leave personally accrued on a monthly basis
prior to receiving additional donated sick or annual leave.
(f) Transfer of sick or annual leave deposited in an
institutional leave bank or transferred under subsection (c) of
this section, may be inter-institutional in accordance with the
policies of the appropriate governing board chief executive
officer. Each institution and the central office shall be
responsible for the administration of the sick or annual leave
deposits, withdrawals and transfers of its employees. Rules
implementing the provisions of this section may be adopted jointly
or separately by the governing boards chief executive officer in
accordance with article three-a, chapter twenty-nine-a of this
code.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at educational
institutions; refund of fees.
(a) Each governing board The policy commission shall fix
tuition and other fees for each school term for the different
classes or categories of students enrolling at each state
institution of higher education under its jurisdiction and may
include among such fees any one or more of the following: (1)
Health service fees; (2) infirmary fees; (3) student activities,
recreational, athletic and extracurricular fees, which said fees
may be used to finance a student's attorney to perform legal
services for students in civil matters at such institutions:
Provided, That such legal services shall be limited to only those
types of cases, programs or services approved by the
administrative head of such institution where such legal services
are to be performed; and (4) graduate center fees and branch
college fees, or either, if the establishment and operations of
graduate centers or branch colleges are otherwise authorized by
law. All fees collected at any graduate center or at any branch
college shall be paid into special funds and shall be used solely
for the maintenance and operation of the graduate center or branch
college at which they were collected: Provided, however, That the
governing boards policy commission shall use the median of the
average tuition and required fees at similarly classified peer
institutions in member states of the southern regional education
board as a goal in establishing tuition and required fee levels
for residents at state institutions of higher education under
their jurisdiction: Provided further, That the governing boards
shall use the actual instructional cost as the same shall be
determined in accordance with board rule, in establishing nonresident undergraduate fees, with the goal of having tuition
and fees cover the actual cost by fiscal year one thousand nine
hundred ninety-six: Provided further, That effective the first day
of July, two thousand one, non-resident tuition and fees shall,
at a minimum, cover the actual cost of instruction: And provided
further, That students enrolled in undergraduate courses offered
at off-campus locations shall pay an off-campus instruction fee,
and shall are not required to pay the athletic fee and the student
activity fee. The off-campus instruction fee shall be used solely
for the support of off-campus courses offered by the institution.
Off-campus locations for each institution shall be defined by the
appropriate governing board. The schedule of all fees, and any
changes therein, shall be entered in the minutes of the meeting
of the appropriate governing board, and the board shall file with
the legislative auditor a certified copy of such schedule and
changes.
(b) In addition to the fees mentioned in the preceding
paragraph, each governing board subsection, the policy commission
may impose and collect a student union building fee. All such
building fees collected at an institution shall be paid into a
special student union building fund for such institution, which
is hereby created in the state treasury, and shall be used only
for the construction, operation and maintenance of a student union
building or a combination student union and dining hall building
or for the payment of the principal of and interest on any bond
issued to finance part or all of the construction of a student
union building or a combination student union and dining hall building or the renovation of an existing structure for use as a
student union building or a combination student union and dining
hall building, all as more fully provided in section ten of this
article. Any moneys in such funds not immediately needed for such
purposes may be invested in any such bonds or other securities as
are now or hereafter authorized as proper investments for state
funds.
(c) The boards shall establish the rates to be charged
full-time students enrolled during a regular academic term. For
fee purposes a full-time undergraduate student shall be one
enrolled for twelve or more credit hours in a regular term, and
a full-time graduate student shall be one enrolled for nine or
more credit hours in a regular term. Undergraduate students
taking fewer than twelve credit hours in a regular term shall have
their fees reduced pro rata based upon one twelfth of the
full-time rate per credit hour, and graduate students taking fewer
than nine credit hours in a regular term shall have their fees
reduced pro rata based upon one ninth of the full-time rate per
credit hour.
Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the
number of credit hours for which the student enrolls in accordance
with the above provisions.
(d) All fees are due and payable by the student upon
enrollment and registration for classes except as provided for in
this subsection:
(1) The governing boards policy commission shall permit fee
payments to be made in up to three installments over the course
of the academic term: The payments shall include interest at a
rate set by the governing board Provided, That all fees must be
paid prior to the awarding of course credit at the end of the
academic term.
(2) The governing boards policy commission shall also
authorize the acceptance of credit cards or other payment methods
which may be generally available to students for the payment of
fees: Provided, That the governing boards may charge the students
for the reasonable and customary charges incurred in accepting
credit cards and other methods of payment.
(3) If a governing board policy commission determines that
any student was adversely, financially affected by a legal work
stoppage that commenced on or after the first day of January, one
thousand nine hundred ninety-three, it may allow the student an
additional six months to pay the fees for any academic term:
Provided, That the governing board policy commission shall
determine if a student was adversely, financially affected on a
case-by-case basis.
(e) On or before the first day of July, two thousand one, the
policy commission shall review policy series twenty-two of the
board of regents and board of trustees related to assessment,
payment and refund of fees and determine whether The governing
boards shall establish legislative rules a new rule should be
adopted regarding the refund of any fees upon the voluntary or
involuntary withdrawal from classes of any student. which The rules shall comply with all applicable state and federal laws and
shall be uniformly applied throughout the system.
(f) The governing boards shall establish legislative rules
using the fee structure or other penalties to provide a
disincentive for students to register for classes in excess of the
typical full-time course load, that being from twelve to eighteen
credit hours for an undergraduate student and from nine to fifteen
credit hours for a graduate student, and then to withdraw from
such excess classes after the semester has begun.
(g) (f) In addition to the fees mentioned in the preceding
subsections, each governing board may impose, collect and
distribute a fee to be used to finance a nonprofit,
student-controlled public interest research group: Provided, That
the students at such institution demonstrate support for the
increased fee in a manner and method established by that
institution's elected student government: Provided, however, That
such fees shall not be used to finance litigation against the
institution.
(h) (g) Any proposed fee increase which would become
effective on or after the first day of July, one thousand nine
hundred ninety-seven, which has been approved by the governing
boards, shall then be submitted by the governing boards to the
secretary of education and the arts for approval. Such approval
shall only be granted upon the certification that such two
thousand, shall be approved by the policy commission only if the
institution requesting a fee increase is in compliance with the
strategic plans required to be submitted, pursuant to section one-b, article one of this chapter. Notice, in the form of a report,
shall be provided by the secretary to the legislative oversight
commission on education accountability describing such fee
increases and showing of how such increases compare with the
average tuition and fees charged at comparable peer institutions
in member states of the southern regional education board:
Effective the first day of July, two thousand one, tuition and
fees rates shall be determined in accordance with subsections (h),
(i) and (j) of this section.
(h) Effective the first day of July, two thousand one,
institutions will retain tuition and fee revenues not pledged for
bonded indebtedness or other purposes in accordance with a revised
tuition policy adopted by the presidents, in consultation with
their institutional board of advisors and approved by the
commission. The revised tuition policy shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs; and
(3) Where applicable, establish methodology that ensures that
within the appropriate time period under the compact, community
and technical college tuition rates for community and technical
college students in all independently-accredited community and
technical colleges will be commensurate with the tuition and fees
charged by their peer institutions.
(i) There shall be no penalty imposed by the commission upon
any institution based on the number of nonresidents who attend the institution unless the commission determines that admission of
nonresidents to any institution or program of study within the
institution is unreasonably impeding the ability of the resident
students to attend the institution or participate in the programs
of the institution. The institutions shall report annually to the
commission on the numbers of out-of-state residents and such other
enrollment information as the commission may request.
(j) No president may increase tuition and fees more than four
percent or increase tuition and fees to more than one hundred
percent of the tuition and fees of peer institutions, as
determined by the commission, without the approval of the
commission.
§18B-10-8. Collection; disposition and use of additional
registration fee; creation of special capital improvements
funds; revenue bonds.
(a) In addition to all other fees imposed by the governing
boards commission, there is hereby imposed and the governing
boards are commission is hereby directed to provide for the
collection of an additional registration fee from all students
enrolled in any state institution of higher education under its
jurisdiction in the amounts hereinafter provided.
For full-time students at each state institution of higher
education, the additional registration fee shall be fifty dollars
per semester. The governing boards shall have commission has
authority to increase such additional registration fee at
institutions of higher education under their its jurisdiction for
students who are nonresidents of this state. For all part-time students and for all summer school students, the governing boards
commission shall impose and collect such fee in proportion to, but
not exceeding, that paid by full-time students.
The fee imposed by this section shall be is in addition to
the maximum fees allowed to be collected under the provision of
section one of this article and shall may not be limited thereby.
Refunds of such fee may be made in the same manner as any other
fee collected at state institutions of higher education.
(b) There is created in the state treasury a state system
special capital improvements fund into which shall be paid all
proceeds of the additional registration fees collected from
students at all state institutions of higher education pursuant
to this section to be expended jointly by the governing boards
by the commission for the payment of the principal of or interest
on any revenue bonds issued by the board of regents or the
previous governing boards for which such registration fees were
pledged prior to the enactment of this section.
At such time as the commingling of such registration fees
shall no longer be required, all proceeds shall be paid into the
appropriate special capital improvements fund for each governing
board for the benefit of any and all state institutions of higher
education under the jurisdiction of that governing board.
(c) The governing boards commission may make expenditures
from any of the special capital improvements funds established in
this section to finance, in whole or in part, together with any
federal, state or other grants or contributions, any one or more
of the following projects: (1) The acquisition of land or any rights or interest therein; (2) the construction or acquisition
of new buildings; (3) the renovation or construction of additions
to existing buildings; (4) the acquisition of furnishings and
equipment for any such buildings; and (5) the construction or
acquisition of any other capital improvements or capital
educational facilities at such state institutions of higher
education, including any roads, utilities or other properties,
real or personal, or for other purposes necessary, appurtenant or
incidental to the construction, acquisition, financing and placing
in operation of such buildings, capital improvements or capital
educational facilities.
Each governing board The commission, in its discretion, may
use the moneys in such special capital improvements funds to
finance the costs of the above purposes on a cash basis, or may
from time to time issue revenue bonds of the state as provided in
this section to finance all or part of such purposes and pledge
all or any part of the moneys in such special funds for the
payment of the principal of and interest on such revenue bonds,
and for reserves therefor. Any pledge of such special funds for
such revenue bonds shall be a prior and superior charge on such
special funds over the use of any of the moneys in such funds to
pay for the cost of any of such purposes on a cash basis:
Provided, That any expenditures from such special funds, other
than for the retirement of revenue bonds, may only be made by the
governing board commission to meet the cost of a predetermined
capital improvements program for one or more of the state
institutions of higher education, in such order of priority as shall have been agreed upon by the governing board was agreed upon
by the commission and presented to the governor for inclusion in
the annual budget bill, and only with the approval of the
Legislature as indicated by direct appropriation for the purpose.
Such revenue bonds may be authorized and issued from time to
time by the governing board commission to finance, in whole or in
part, the purposes provided in this section in an aggregate
principal amount not exceeding the amount which the governing
board shall determine commission determines can be paid as to both
principal and interest and reasonable margins for a reserve
therefor from the moneys in such special funds.
The issuance of such revenue bonds shall be authorized by a
resolution adopted by the governing board commission, and such
revenue bonds shall bear such date or dates, mature at such time
or times not exceeding forty years from their respective dates;
be in such form either coupon or registered, with such
exchangeability and interchangeability privileges; be payable in
such medium of payment and at such place or places, within or
without the state; be subject to such terms of prior redemption
at such prices not exceeding one hundred five per centum of the
principal amount thereof; and shall have such other terms and
provisions as the governing board shall determine determined by
the commission. Such revenue bonds shall be signed by the
governor and by the president of the governing board chief
executive officer of the commission authorizing the issuance
thereof, under the great seal of the state, attested by the
secretary of state, and the coupons attached thereto shall bear the facsimile signature of the president of the governing board
chief executive officer of the commission. Such revenue bonds
shall be sold in such manner as the governing board may determine
to be commission determines is for the best interests of the
state.
The governing board commission may enter into trust
agreements with banks or trust companies, within or without the
state, and in such trust agreements or the resolutions authorizing
the issuance of such bonds may enter into valid and legally
binding covenants with the holders of such revenue bonds as to the
custody, safeguarding and disposition of the proceeds of such
revenue bonds, the moneys in such special funds, sinking funds,
reserve funds, or any other moneys or funds; as to the rank and
priority, if any, of different issues of revenue bonds by the
governing board commission under the provisions of this section;
as to the maintenance or revision of the amounts of such
additional registration fees, and the terms and conditions, if
any, under which such additional registration fees may be reduced;
and as to any other matters or provisions which are deemed
necessary and advisable by the governing board commission in the
best interests of the state and to enhance the marketability of
such revenue bonds.
After the issuance of any of such revenue bonds, the
additional registration fees at the state institutions of higher
education shall may not be reduced as long as any of such revenue
bonds are outstanding and unpaid except under such terms,
provisions and conditions as shall be contained in the resolution, trust agreement or other proceedings under which such revenue
bonds were issued.
Such revenue bonds shall be and constitute negotiable
instruments under the Uniform Commercial Code of this state;
shall, together with the interest thereon, be exempt from all
taxation by the state of West Virginia, or by any county, school
district, municipality or political subdivision thereof; and such
revenue bonds shall may not be deemed to be obligations or debts
of the state, and the credit or taxing power of the state shall
may not be pledged therefor, but such revenue bonds shall be
payable only from the revenue pledged therefor as provided in this
section.
Funding of revenue bonds under any other section of this code
is hereby continued and authorized pursuant to the terms of this
section. Revenues of any state institution of higher education
pledged to the repayment of any bonds issued pursuant to this code
shall remain the responsibility of that institution.
ARTICLE 14. MISCELLANEOUS.
§18B-14-8. Statewide task force on teacher quality.
(a) There is hereby created a statewide task force on teacher
quality to address issues including, but not limited to, the
following:
(1) Need to strengthen teacher education in subject area
fields by addressing the quality and regional accessibility of
pre-service and in-service programs at both the baccalaureate and
graduate degree levels;
(2) Need to address teacher salaries, including consideration
of the state's cost of living, per capita income and ability to
pay;
(3) Need to determine the appropriate supply of teachers to
meet future demand with particular attention to the demand for
teachers in specific areas of certification;
(4) The ability of teachers to change areas of certification
without repeating requirements foe which they have demonstrated
competence;
(5) Need to determine the most effective method of staff
development for teachers; and
(6) Need to address methods to prepare teachers to integrate
technology effectively in the classroom including the following:
(i) The resources necessary for teacher education programs
to prepare teachers for the technology demands of the classroom
environment;
(ii) The opportunities and resources for professional
development experiences in technology; and
(7) Need to study methods to extend programs such as the
Benedum collaborative model of teacher education at West Virginia
university to other geographic areas of the state.
(b) The task force shall be chaired by the chief executive
officer or a designee and shall be comprised of twenty-one members
selected as follows: eight members to be appointed by the
governor; six members to be appointed by the state board of
education; four members to be appointed by the policy commission;
one member to be selected by the West Virginia Professional Teachers Standards Commission from among their membership; one
member representing private institutions of higher education
selected by the West Virginia Association of Independent Colleges,
Inc.; and the secretary of education and the arts or a designee.
Of the eight members to be appointed by the governor, two shall
be representatives of statewide teacher organizations and of the
six members to be appointed by the state board of education, at
least three shall be classroom teachers and at least one shall be
selected from among the membership of the state board of
education.
(c) Appointments to the task force shall be made so that
members may begin their work no later than the first day of July
two thousand.
(d) The task force shall report on its progress to the
legislative oversight commission on education accountability and
the commission. The initial progress report shall be made in
October, two thousand and, additionally, in each quarter
thereafter until the work of the task force is completed.
(e) The task force shall complete its work and make a final
report to the legislative oversight commission on education
accountability and the commission no later than the first day of
November, two thousand one. The final report shall contain
findings of fact, recommendations, and strategies for implementing
recommended changes.
§18B-14-9. Statewide task force on student financial aid.
(a) There is hereby created a statewide task force on student
financial aid to address issues which shall include, but not be
limited to, the following:
(1) The impact of the full range of student aid and prepaid
tuition programs including federal, state and institutional
programs;
(2) The interrelationships of the various programs;
(3) The feasibility and effectiveness of grants versus loans;
and
(4) A longitudinal study detailing the amount of money spent
for student aid in West Virginia over the past fifteen years, or,
if data for a full fifteen years is not available, for the longest
time period possible; the number of students served; and the
number of those students who have remained in the state.
(b) The task force shall be chaired by the chief executive
officer or a designee and shall be comprised of fourteen members
selected as follows: Six members selected by the policy
commission; two members representing private institutions of
higher education selected by the West Virginia Association of
Independent Colleges, Inc.; four members selected by the state
board of education; the state treasurer or a designee; and the
secretary of education and the arts or a designee.
(c) Appointments to the task force shall be made so that
members may begin their work no later than the first day of July
two thousand.
(d) The task force shall make an initial progress report to
the legislative oversight commission on education accountability and the commission by the first day of December two thousand and
shall report quarterly thereafter until the work of the task force
is completed.
(e) The task force shall complete its work and make a final
report to the legislative oversight commission on education
accountability and the commission no later than the first day of
October, two thousand one. The final report shall contain
findings of fact, recommendations, and strategies for implementing
recommended changes.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 3A. HIGHER EDUCATION RULE MAKING.
§29A-3A-1. Definitions.
As used in this article:
(a) "Commission" means the legislative oversight commission
on education accountability;
(b) "Board" means the university of West Virginia board of
trustees or the board of directors of the state college system as
defined in chapter eighteen-b of this code, or both education
policy commission established pursuant to section one, article
one-b, chapter eighteen-b of this code, or any person employed by
such boards the commission who is granted rule-making authority
under the provisions of said chapter.
§29A-3A-18. Prior rules.
Any rule lawfully promulgated by the respective board of
trustees and board of directors prior to the effective date of
this chapter section shall remain in full force and effect until:
(1) Such rule is expressly made ineffective by the provisions
of this chapter; or
(2) Such rule should expire by reason of failure to refile
the same as provided in section five of article two, or expires
pursuant to its own terms and provisions lawfully made before the
effective date of this section; or
(3) Such rule is repealed by the lawful act of the board, in
conformity with this chapter; or
(4) Such rule is invalidated by an act of the Legislature or
the force and effect of another law.