Senate Bill No. 703
______________
[Originating in the Committee on Education;
reported March 28, 2001.]
______________
A BILL to repeal article twenty-six-a, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; to repeal articles three-a and three-f, chapter
eighteen-b of said code; to repeal sections six and eleven,
article nine of said chapter; to amend and reenact section
eleven, article three, chapter twelve of said code; to amend
and reenact sections one and three, article eleven-c, chapter
eighteen of said code; to amend and reenact sections four-a,
thirteen, fourteen, sixteen, seventeen, eighteen, nineteen,
twenty, twenty-one, twenty-two and twenty-three article
twenty-three of said chapter; to amend and reenact sections
one-a, three and six, article one, chapter eighteen-b of said
code; to amend and reenact section two, article one-a of said
chapter; to amend and reenact sections four and five, article
one-b of said chapter; to amend and reenact sections one and
four, article two-a of said chapter; to further amend said chapter by adding thereto two new articles, designated
articles two-b and two-c; to amend and reenact sections seven
and eight, article three-c of said chapter; to amend and
reenact section four, article five of said chapter; to amend
and reenact sections one, two-a and four-a, article six of
said chapter; to amend and reenact section four, article seven
of said chapter; to further amend said article by adding
thereto a new section, designated section five-a; to amend and
reenact sections one, two, three, four, five, seven and eight,
article nine of said chapter; to amend and reenact sections
one and eight, article ten of said chapter; to further amend
said chapter by adding thereto a new article, designated
article eleven-a; to amend and reenact section four, article
five, chapter eighteen-c of said code; to amend and reenact
sections one and twelve, article three-a, chapter twenty-nine-
a of said code; and to further amend said article by adding
thereto a new section, designated section, nineteen all
relating to education; public education; post-secondary
education; colleges, universities and community and technical
colleges; rules for travel and moving expenses; West Virginia
university hospital and West Virginia health system generally;
clarifying membership on board of directors; higher education
employee retirement plans generally; definitions; contribution
levels; establishing a standardized retirement policy for all
state higher education employees; higher education revenue bonds generally; uses for bond proceeds, including motor
vehicle parking facilities; removing certain requirement on
bond trustee; authorizing gross revenues of facilities to be
pledged; authorizing certain fees to be paid from bond
proceeds; goals for post-secondary education; deleting
requirement that classified employee salaries be compared to
those in peer institutions; administration; transfer of
powers, duties, rules, property and obligations; rulemaking;
authorizing transfer of property between commission and
governing boards; transferring rules to commission;
authorizing commission to transfer all rules, except
legislative rules, to governing boards; higher education
rulemaking generally; clarifying authority of commission to
promulgate rules; requiring rule to guide rule-making
activities of governing boards; authorizing commission to
reclassify certain legislative rules; prohibiting any
requirement that reclassified rules be refiled unless amended;
requiring commission to file proposed rules with legislative
oversight commission on education accountability; changing
submission date for institutional compacts; authorizing
emergency rule and requiring rule on benchmarks and indicators
be filed by certain date; setting specific requirements for
rule; powers and duties of higher education policy commission;
authorizing commission to make certain appointments; directing
commission to assume oversight of certain private education institutions; requiring the commission to make a determination
of feasibility of certain recommendations; authorizing
promulgation of rule for personnel matters; authorizing
promulgation of joint rules; requiring joint rule on tuition
and fee policy; requiring a method to allow participation in
selection of certain administrative heads of community and
technical colleges; authorizing rules related to financial aid
programs; authority of chancellor and higher education policy
commission to employ vice chancellor for state colleges;
deleting certain restrictions on state colleges and
freestanding community and technical colleges; deleting
certain requirements relating to rules of governing boards;
clarifying terms of members of institutional boards of
governors; clarifying terms of faculty and classified
employees on institutional boards of governors; deleting
obsolete language; higher education employee grievances
generally; directing prospective employee grievances to be
filed under different procedure after certain date;
definitions; West Virginia council for community and technical
college education generally; legislative findings; legislative
intent; definitions; reconstituting joint commission for
vocational-technical-occupational education; membership;
eligibility; terms; chairperson; reimbursement for expenses;
powers and duties of West Virginia council for community and
technical college education; chief executive officer; creating state advisory committee of community and technical college
presidents and provosts; chair of advisory committee; West
Virginia community and technical college generally;
legislative findings; legislative intent; definitions;
requiring commission to review and analyze progress of
community and technical colleges; requiring analysis to be
based on benchmarks and indicators; requiring commission to
determine existence of certain conditions relative to
community and technical colleges; providing that insufficient
funds is not valid reason for lack of progress; requiring
annual report to legislative oversight commission on education
accountability; requiring certain determinations by
commission; authorizing creation of West Virginia community
and technical college; requiring notification to governor,
president of Senate, speaker of House of Delegates and
legislative oversight commission on education accountability;
requiring commission to certify necessary legislation;
providing for transfer of certain powers, duties, property,
obligations, etc. from certain governing boards to the
governing board of West Virginia community and technical
college; creating office of president of college; providing
for governing board of West Virginia community and technical
college; powers and duties; providing for acting president;
district consortia committees required to participate in
certain work force development activities; clarifying mission of Potomac state college of West Virginia university; approval
of institutional compacts and expenditure schedules for
certain community and technical colleges; verifying progress
toward goals by certain community and technical colleges;
clarifying status of certain community and technical colleges;
exceptions to bid process; clarifying membership and terms for
state advisory council of faculty; clarifying membership and
terms for state advisory council of classified employees;
clarifying appointments of members of certain advisory boards;
clarifying membership on boards of governors and certain
statewide advisory councils; deleting obsolete language
relating to appeal by probationary faculty member of
nonretention decision; creating higher education tuition and
fee assistance fund; requiring rules; higher education
personnel classification system generally; clarifying
authority of commission; definitions; legislative purposes;
assignment to pay grades; job descriptions and titles;
critical employees; merit increases; deleting obsolete
language; salaries of classified employees generally;
classified employees salary not to be reduced; defining
equitable compensation; updating classified employee salary
schedule; equitable system of job classification; rules;
salary policies; authority to grant salary in excess of salary
established by schedule in certain instances; deleting
obsolete language; eliminating biennial review of equitable system of job classifications; eliminating inconsistent
language on personnel classification conferences and placement
on salary schedule of newly hired classified employees;
eliminating institutional salary policies and salary increase
authorization; tuition and fees generally; tuition and fee
goals; collection of fees; authority of governing boards
regarding additional registration fees; special capital
improvements funds; terms for issuance of revenue bonds; use
of revenue bonds proceeds; state autism training center
generally; definitions; higher education rulemaking;
definitions; and rules severability.
Be it enacted by the Legislature of West Virginia:
That article twenty-six-a, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; that article three-a, chapter eighteen-b of said code be
repealed; that article three-f of said chapter be repealed; that
sections six and eleven, article nine of said chapter be repealed;
that section eleven, article three, chapter twelve of said code be
amended and reenacted; that sections one and three, article eleven-
c, chapter eighteen of said code be amended and reenacted; that
sections four-a, thirteen, fourteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two and twenty-three, article
twenty-three of said chapter be amended and reenacted; that
sections one-a, three and six, article one, chapter eighteen-b of said code be amended and reenacted; that section two, article one-a
of said chapter be amended and reenacted; that sections four and
five, article one-b of said chapter be amended and reenacted; that
sections one and four, article two-a of said chapter be amended and
reenacted; that said chapter be further amended by adding thereto
two new articles, designated articles two-b and two-c; that
sections seven and eight, article three-c of said chapter be
amended and reenacted; that section four, article five of said
chapter be amended and reenacted; that sections one, two-a and
four-a, article six of said chapter be amended and reenacted; that
section four, article seven of said chapter be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section five-a; that sections one, two,
three, four, five, seven and eight, article nine of said chapter be
amended and reenacted; that sections one and eight, article ten of
said chapter be amended and reenacted; that said chapter be further
amended by adding thereto a new article, designated article eleven-
a; that section four, article five, chapter eighteen-c of said code
be amended and reenacted; that sections one and twelve, article
three-a, chapter twenty-nine-a of said code be amended and
reenacted; and that said article be further amended by adding
thereto a new section, designated section nineteen, all to read as
follows:
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 higher education policy commission and West Virginia
higher education governing boards; moving expenses of
employees of higher education policy commission and West
Virginia higher education governing boards.
(a) The governor shall promulgate rules 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, the higher education policy commission and the
higher education governing boards and institutions under their
jurisdiction. The Legislature, the supreme court of appeals and the
attorney general, auditor, secretary of state, treasurer, board of
investments, commissioner of agriculture, the higher education
policy commission and the higher education governing boards shall
promulgate rules concerning out-of-state travel for their
respective branches and departments of state government. Copies of
such rules shall be filed with the auditor and the secretary of
state. It shall be 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 so filed.
(b) 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.
(c) It shall be lawful for the higher education policy
commission or a higher education governing board 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 a higher education
governing board or the higher education policy commission to be
interviewed concerning his or her possible employment by the a
higher education governing board, the higher education policy
commission or agent thereof.
(d) It shall be lawful for the higher education policy
commission or a higher education governing board to authorize
payment of: (1) All or part of the reasonable expense incurred by
a person newly employed by a higher education governing board or
the higher education 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 a higher education governing board
or the higher education 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
be paid more frequently than once in twelve months.
CHAPTER 18. EDUCATION.
ARTICLE 11C. WEST VIRGINIA UNIVERSITY HOSPITAL AND WEST VIRGINIA
HEALTH SYSTEM.
§18-11C-1. Definitions.
The following words used in this article shall, unless the
context clearly indicates a different meaning, be construed as
follows:
(a) "Agreement" means the long-term lease and agreement to be
entered into between the board and the corporation pursuant to
section four of this article;
(b) "Assets" means all assets of the board constituting tangible
and intangible personal property credited to the hospital on the
financial ledgers and equipment inventories of the university at
the transfer date, and as more particularly or additionally
identified or supplemented in the agreement, excluding all hospital
funds deposited with the state treasurer;
(c) For the purposes of this article, "board" or "board of
trustees" means the West Virginia university board of trustees
board of governors;
(d) "Corporation" means the nonstock, not-for-profit corporation
to be established under the general corporation laws of the state,
which meets the description prescribed by section three of this
article;
(e) "Corporation employees" means employees of the corporation;
(f) "Directors" means the board of directors of the corporation;
(g) "Existing facilities" means the West Virginia university
hospital and clinics, other than those used for student health and
family practice, presently existing at the West Virginia university
medical center in Morgantown and owned and operated by the board;
(h) "Health science schools" means the schools of medicine,
dentistry, pharmacy and nursing and any other schools at the
university considered by the board to be health sciences;
(i) "Hospital" means the inpatient and outpatient health care
services of the board, other than those used for student health
services and family practice clinics, operated in connection with
the university, consisting of the existing facilities and any other
health care service components of the West Virginia university
medical center at Morgantown rendering patient care services and
more particularly identified by the agreement;
(j) "Liabilities" means all liabilities, except those
specifically excluded by section four of this article, credited to
the hospital on the financial ledgers of the university at the
transfer date and as more particularly or additionally identified, supplemented or limited in the agreement;
(k) "Medical personnel" means both university personnel and
corporation employees;
(l) "New facilities" means a new hospital facility and
out-patient clinics, appurtenant facilities, equipment and
necessary services to be acquired, built, operated or contracted
for by the corporation on property leased from the board within
Monongalia County, West Virginia, pursuant to the agreement;
(m) "Transfer date" means the first day of July, one thousand
nine hundred eighty-four, or any later date agreed upon by the
board and the corporation and filed with the secretary of state;
(n) "University" means West Virginia university;
(o) "University personnel" means those employees of the board or
the university for whose services the corporation contracts with
the board or the university, as appropriate; and
(p) "West Virginia health system" or "system" means the
nonstock, not-for-profit corporation to be established under the
general corporation laws of the state, which meets the description
set forth in section three-a of this article.
§18-11C-3. Board authorized to contract with corporation;
description to be met by corporation.
The board is hereby authorized to enter into the agreement and
any other contractual relationships authorized by this article with
the corporation, but only if the corporation meets the following
description:
(a) The directors of the corporation, all of whom shall be voting, shall consist of the president of the university, who shall
serve ex officio as chairman of the directors, the president of the
board or his or her designee, the vice chancellor for health
affairs of the board,
the vice chancellor for health sciences of
the higher education policy commission
, one designee of the board:
Provided, That if the position of vice chancellor for health
sciences has not been filled, the board shall designate one
additional member to serve until the position is filled
, the vice
president for health sciences of the university, the vice president
for administration and finance of the university, the chief of the
medical staff of the hospital, the dean of the school of medicine
of the university, the dean of the school of nursing of the
university and the chief executive officer of the corporation, all
of whom shall serve as ex officio members of the directors, a
representative elected at large by the corporation employees and
seven directors to be appointed by the West Virginia health system
board. The West Virginia health system board shall select and
appoint the seven appointed members in accordance with the
provisions of section six-a, article five-b, chapter sixteen of
this code: Provided, That the current directors of the corporation
shall continue to serve until they resign or their term expires.
On and after the effective date of this section, the seven
appointed directors shall be appointed by the system board for
staggered six-year terms. The system board shall select all of the
appointed members in a manner which assures geographic diversity
and assures that at least two members are from each congressional district.
(b) The corporation shall report its audited records publicly
and to the joint committee on government and finance at least
annually.
(c) Upon liquidation of the corporation, the assets of the
corporation shall be transferred to the board for the benefit of
the university.
ARTICLE 23. ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF
GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER EDUCATION.
§18-23-4a. Supplemental and additional retirement plans for
employees; payroll deductions; authority to match employee
contributions; retroactive curative and technical corrective
action.
(a) Any reference in this code to the "additional retirement
plan" relating to state higher education employees, means the
"higher education retirement plan" provided in this section. Any
state higher education employee participating in a retirement plan
upon the effective date of this section continues to participate in
that plan and may not elect to participate in any other state
retirement plan. Any such retirement plan continues to be governed
by the provisions of law applicable on the effective date of this
section.
(b) The higher education policy commission, on behalf of the
governing boards and itself, shall also have the authority to
contract for an additional a retirement plan for any of its employees, to be known as the "higher education retirement plan".
who elect to participate solely in such a retirement plan selected
by the governing boards without participating in the state
retirement system The governing boards and higher education
policy commission shall have the authority to make periodic
deductions from the salary payments due such the employees in the
amount they are required to contribute to the additional higher
education retirement plan, which deductions shall be six percent.
the same percentage of the participating employees' salaries as
that deducted from the salaries of members of the state retirement
system
(c) The higher education policy commission and the governing
boards, with policy commission approval, may shall have the
authority to contract for a supplemental retirement plan for any
or all of its their employees to supplement the benefits such the
employees will otherwise receive. under the state teachers
retirement system The governing boards and higher education
policy commission may shall have the authority to make additional
periodic deductions from the salary payments due such the employees
in the amount they are required to contribute for the supplemental
retirement plan. selected by the board. The additional deductions
shall not exceed five percent of the salary of employees under
thirty-five years of age, six percent of the salary of those
thirty-five through forty-four years of age, and seven and one-half
percent of the salary of those forty-five years of age and above,
and shall not cover any portion of an employee's salary which is covered by the state teachers retirement system.
(d) The board is further authorized to Each governing board
and the higher education policy commission, by way of additional
compensation to such employees their employees, shall pay an amount
equal to the contributions of such the employees into either the
higher education supplemental or additional retirement plan from
funds appropriated to it the board or commission for personal
services.
(e) Each participating employee shall have has a full and
immediate vested interest in the retirement and death benefits
accrued from all the moneys paid into such the higher education
retirement plan or a supplemental or additional retirement plan for
his or her benefit. Upon proper requisition of the a board or the
higher education policy commission, the auditor shall periodically
issue a warrant, payable as specified in the requisition, for the
total contributions so withheld from the salaries of all
participating employees and for the governing board's or higher
education policy commission's matching funds.
Pursuant to the provisions contained in article seven-a and
article twenty-three of this chapter, once a member has elected one
of the options contained in section fourteen-a, article seven-a of
this chapter and section four-a, article twenty-three of this
chapter, he cannot thereafter change such election. The Legislature
declares that the amendment of this section in Enrolled Committee
Substitute for House Bill No. 4672, enacted at the regular session,
one thousand nine hundred eighty-eight, was inadvertent and remained in said bill contrary to legislative intent that the same
be deleted; therefore, such language is hereby retroactively
deleted and expunged as of the effective date of said Enrolled
Committee Substitute for House Bill No. 4672 as curative and
technical corrective action. The Legislature further declares that
such ambiguous and deficient language inadvertently enacted in said
bill shall be given no force and effect whatsoever in any
litigation involving such language.
(f) Beginning on the first day of July, one thousand nine
hundred ninety-one Any person whose employment commences on or
after that date and the effective date of this section, and who
is eligible to participate in an additional retirement plan
provided pursuant to this section shall be required to participate
in said additional plan and shall not be the higher education
retirement plan, shall participate in that plan and is not eligible
to participate in any other state retirement system. The
additional retirement plan contracted for by the governing boards
prior to the effective date of this section remains in effect
unless changed by the higher education policy commission. Nothing
in this section may be construed to consider employees of the
governing boards as employees of the higher education policy
commission, nor is the higher education policy commission
responsible or liable for retirement benefits contracted by, or on
behalf of, the governing boards.
(g) It is the intent of the Legislature in amending and
reenacting this section during its two thousand one regular session solely to:
(1) Maintain the current retirement plans offered to state
higher education employees in their current form;
(2) Clarify that employees of the higher education policy
commission are participants in the higher education retirement
plan;
(3) Establish in this code the current contribution levels of
the governing boards, the higher education policy commission and
their employees toward the present higher education retirement
plan;
(4) Make mandatory the contribution levels of the governing
boards and higher education policy commission;
(5) Establish a standardized retirement policy for all state
higher education employees as determined by the policy commission;
(6) Clarify the application and purposes of the additional and
supplemental retirement plans previously provided for in this
section; and
(7) Remove obsolete and archaic language.
§18-23-13.Construction and operation of dormitories, housing
facilities, food service facilities, and motor vehicle
parking facilities for teachers and students.
The governing boards are hereby authorized to provide,
construct, erect, improve, equip, maintain and operate dormitories,
homes or refectories housing facilities, food service facilities,
and motor vehicle parking facilities on land owned by the state for
students or teachers at the various state educational institutions of higher education under their control, but and the cost of
construction, erection, improvement or equipment shall may be
payable solely by means of or with the proceeds of the revenue
bonds hereinafter authorized. The governing boards shall have power
and authority to employ engineering, architectural and construction
experts, and such other employees as may be necessary in their
judgment, and fix their compensation, all of whom shall do such
work as the governing boards shall direct, all of which shall be
included as part of the cost of construction and equipment thereof.
§18-23-14. Construction and operation of gymnasiums, etc.
The governing boards, within their discretion, are hereby
authorized to provide, construct, erect, improve, equip, maintain
and operate gymnasiums or stadia for athletic games, contests or
exhibitions or physical training, dormitories, homes, refectories
housing facilities, food service facilities, and motor vehicle
parking facilities, refectories, swimming pools, or such other
structures or buildings, for students, teachers, officers and
employees at the various state institutions of higher education
under their control and management subject to the provisions and
limitations of sections thirteen, fifteen, sixteen, seventeen,
eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three
and twenty- four of this article.
§18-23-16.Cost of dormitories, housing facilities, food service
facilities, and motor vehicle parking facilities to be
paid from proceeds of revenue bonds.
The governing boards may pay the cost as defined in sections thirteen to twenty-four, inclusive, of this article, of any one or
more of such dormitories, homes or refectories housing facilities,
food service facilities, and motor vehicle parking facilities, out
of the proceeds of revenue bonds of the state. The governing boards
are authorized to issue revenue bonds of the state, by a resolution
of the board which shall recite an estimate by the board of such
cost, the principal and interest of which bonds shall be payable
solely from the special fund or funds herein provided for such
payment. The board, after any such issue of bonds or
simultaneously therewith, may issue further issues of bonds to pay
the cost of any other one or more of such dormitories, homes or
refectories, housing facilities, food service facilities, and motor
vehicle parking facilities in the manner and subject to all of the
provisions herein contained as to the bonds first mentioned in this
section. All such bonds shall have and are hereby declared to have
all the qualities of negotiable instruments under the Uniform
Commercial Code. Such bonds shall bear interest at such rates,
payable semiannually at such times, and shall mature in not more
than thirty years from their date or dates and may be made
redeemable at the option of the state, to be exercised by the
governing boards, at such price and under such terms and
conditions as they may fix prior to the issuance of such bonds.
They shall determine the form of such bonds, including coupons to
be attached thereto, to evidence the right of interest payments,
which bonds shall be signed by the governor and the president of
the appropriate governing board, 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
appropriate board. In case any of the officers whose signatures
appear on the bonds or coupons shall cease to be such officers
before the delivery of such bonds, such signatures shall
nevertheless be valid and sufficient for all purposes the same as
if they had remained in office until such delivery. The governing
boards shall fix the denominations of such bonds, the principal and
interest of which shall be payable at the office of the treasurer
of the state of West Virginia, at the capitol of said state, or, at
the option of the holder, at some bank or trust company in within
or outside of the city of New York state, to be named in the bonds,
either in lawful money or in gold coin of the United States of
America. , of or equal to the then current standard of weight and
fineness, as may be determined by the governing boards. Such bonds
and the interest thereon shall be exempt from taxation by the state
of West Virginia or any county, school district or municipality
therein. The governing boards may provide for the registration of
such bonds in the name of the owner as to principal alone and or as
to both principal and interest under such terms and conditions as
the governing boards may determine, and shall sell such bonds in
such manner as they may determine to be for the best interest of
the state, taking into consideration the financial responsibility
of the purchaser and the terms and conditions of the purchase and
especially the availability of the proceeds of the bonds when
required for payment of the cost of the dormitories, homes or refectories housing facilities, food service facilities, and motor
vehicle parking facilities.
The proceeds of such bonds shall be used solely for the
payment of the cost of such dormitories, homes or refectories, and
housing facilities, food service facilities, and motor vehicle
parking facilities and costs of issuance of such bonds, which costs
shall be deemed to include the cost of acquisition or construction
thereof, the cost of all property, rights, easements, and
franchises deemed necessary or convenient therefor and for the
improvements determined upon as provided in this article; interest
upon bonds prior to and during construction or acquisition and for
a reasonable period after completion of construction or of
acquisition of the improvements; engineering, architectural and
legal expenses; expense for estimates of cost and of revenues;
expenses for plans, specifications and surveys; other expenses
necessary or incidential to determining the feasibility or
practicability of the improvements, and such other expenses as may
be necessary or incidental to the financing herein authorized and
the construction or acquisition of the improvements, and the
placing thereof in operation. The bonds shall be checked out by
the president of the appropriate governing board and the treasurer
thereof and under such further restrictions, if any, as the board
may provide. The bonds shall be authorized and approved by
resolution of the appropriate governing board. If the proceeds of
such bonds, by error or otherwise, shall be less than the cost of
such dormitories, homes or refectories housing facilities, food service facilities, and motor vehicle parking facilities,
additional parity bonds may in like manner be issued to provide the
amount of such deficit, and, unless otherwise provided in the trust
agreement hereinafter mentioned, shall be deemed to be of the same
issue and shall be entitled to payment from the same fund, without
preference or priority of the bonds first issued for the same
dormitory or dormitories, home or homes, or refectory or
refectories housing facilities, food service facilities, and motor
vehicle parking facilities. If the proceeds of bonds issued for
any such dormitories, homes or refectories housing facilities, food
service facilities, and motor vehicle parking facilities shall
exceed the cost thereof, the surplus shall be paid into the fund
hereinafter provided for payment of the principal and interest of
such bonds. Such fund may be used for the purchase of any of the
outstanding bonds payable from such fund at the market price, but
not exceeding the price, if any, at which such bonds shall in the
same year shall be redeemable, and all bonds redeemed or purchased
shall forthwith be cancelled and shall not again be issued.
Prior to the preparation of definitive bonds, the governing
boards may under like restrictions issue temporary bonds with or
without coupons, exchangeable for definitive bonds upon the
issuance of the latter. Such revenue bonds may be issued without
any other proceedings or the happening of any other conditions and
things than those proceedings, conditions and things which are
specified and required by this article or by the constitution of
the state.
§18-23-17. Agreements with trustees for bondholders.
The governing boards may enter into an agreement or agreements
with any trust company or with any bank having the trust powers of
a trust company, either within or outside of the state, as trustee
for the holders of the bonds issued hereunder, setting forth
therein such duties of the state and of the governing boards in
respect of the acquisition, construction, erection, improvement,
maintenance, operation, repair and insurance of the dormitories,
homes or refectories housing facilities, food service facilities,
and motor vehicle parking facilities, the conservation and
application of all moneys, the insurance of moneys on hand or on
deposit, and the rights and remedies of the trustee and the holders
of the bonds, as may be agreed on with the original purchasers of
such bonds, and including therein provisions restricting the
individual right of action of bondholders as is customary in trust
agreements respecting bonds and debentures of corporations,
protecting and enforcing the rights and remedies of the trustee and
the bondholders, and providing for approval by the original
purchasers of the bonds, of the appointment of consulting engineers
and of the security given by those who contract to make
improvements, and by any bank or trust company in which the
proceeds of bonds or rents, fees or charges shall be deposited, and
for approval by the consulting engineers of all contracts for
improvements. All expenses incurred in carrying out such agreement
may be treated as a part of the cost of maintenance, operation and
repair of the dormitories, homes or refectories housing facilities, food service facilities, and motor vehicle parking facilities
affected by the agreement. Any such agreement entered into by the
governing boards shall be binding in all respects on such governing
boards from time to time in accordance with its terms and all the
provisions thereof shall be enforceable by appropriate proceedings
at law or in equity, or otherwise.
§18-23-18.Operation and control of fiscal affairs of dormitories,
housing facilities, food service facilities, and motor
vehicle parking facilities.
The governing boards shall properly maintain, repair, operate,
manage and control the fiscal affairs of such dormitories, homes or
refectories housing facilities, food service facilities, and
motor vehicle parking facilities, fix the rates of rents, fees or
charges and establish rules and regulations for the use and
operation of such dormitories, homes or refectories, housing
facilities, food service facilities, and motor vehicle parking
facilities for the welfare of the students or teachers, and may
make and enter into all contracts or agreements necessary and
incidental to the performance of their duties and the execution of
their powers under this article.
§18-23-19.Payment of principal and interest of construction bonds
from revenues of dormitories, housing facilities, food
service facilities, or motor vehicle parking
facilities; redemption of bonds.
Whenever bonds are issued for the construction, erection or equipment of dormitories, homes or refectories housing facilities,
food service facilities, or motor vehicle parking facilities, or
for the improvement or equipment of existing dormitories, homes or
refectories housing facilities, food service facilities, or motor
vehicle parking facilities, or for any or all of such purposes, as
joint or several projects, for which a single or several issues of
bonds may be issued within the discretion of the governing boards,
rents, fees and charges shall be fixed, charged and collected in
connection with the use or occupancy of, or service to be thereby
rendered and furnished by, dormitories, homes or refectories
housing facilities, food service facilities, or motor vehicle
parking facilities of the particular state educational institution
as the governing board thereof shall determine, and shall be so
fixed or adjusted, as to provide a fund sufficient to pay the
principal and interest of each such issue of bonds and to provide
an additional fund to pay the cost of maintaining, repairing,
operating and insuring such dormitories, homes or refectories
housing facilities, food service facilities, or motor vehicle
parking facilities. Whenever bonds are issued to finance the
construction and erection of dormitories, homes housing
facilities, food service facilities ,or refectories motor vehicle
parking facilities, together with additions or extensions to an
existing dormitory, home or refectory dormitories, housing
facilities, food service facilities, and motor vehicle parking
facilities for students or teachers at state educational
institutions of higher education, either the combined gross revenues derivable from all such dormitories, homes or refectories
housing facilities, food service facilities, or motor vehicle
parking facilities or the separate gross revenues derivable from
such dormitories, such housing facilities, such food service
facilities, or such motor vehicle parking facilities of the
particular state educational institution of higher education as the
governing board thereof shall determine, may be pledged to provide
a fund sufficient to pay the principal and interest of such issue
of bonds and of any other bonds thereafter issued for the same
purpose, and to provide an additional fund to pay the cost of
maintaining, repairing, operating and insuring such dormitories,
homes or refectories housing facilities, food service facilities,
or motor vehicle parking facilities. Except as may otherwise be
provided in the trust agreement authorized in section seventeen of
this article, the rents, fees and charges from the dormitories,
homes housing facilities, food service facilities, or refectories
motor vehicle parking facilities for which a single issue of bonds
is issued, except such part thereof as may be necessary to pay such
cost of maintaining, repairing, operating and insuring during any
period in which such cost is not otherwise provided for (during
which period the rents, fees and charges may be reduced
accordingly), in an amount sufficient to pay, when due, the
principal of, redemption premium, if any, and interest on such
bonds shall be transmitted each month to the municipal bond
commission and by it placed in a special fund which is hereby
pledged to and charged with the payment of the principal of such bonds and the interest thereon, and to the redemption or repurchase
of such bonds, such special fund to be a fund for all such bonds
without distinction or priority of one over another. The moneys in
such special fund, less any a reserve for payment of interest, if
not used by the municipal bond commission, within a reasonable time
for the purchase of bonds for cancellation at a price not exceeding
the market price and not exceeding the redemption price, shall be
applied to the redemption by lot of any bonds which by their terms
are then redeemable, at the redemption price then applicable:
Provided, That if said revenue bonds are sold to and purchased by
the United States of America or any federal or public agency or
department created under and by virtue of the laws of the United
States of America, then at the option of the United States of
America or such federal or public agency or department in lieu of
such moneys being transmitted to the municipal bond commission and
by it placed in a special fund, the rents, fees and charges from
such dormitories, homes or refectories, except such part thereof as
may be necessary to pay such cost of maintaining, repairing,
operating and insuring as provided aforesaid housing facilities,
food service facilities, or motor vehicle parking facilities, in an
amount sufficient to pay, when due, the principal of, redemption
premium, if any, and interest on such bonds may be transmitted and
paid to a trustee designated and named by the United States of
America or such federal or public agency or department in its
agreement and contract with the appropriate governing board, for
the payment of the principal of such bonds and the interest thereon, under such terms and conditions as may be agreed upon.
§18-23-20.When dormitories, housing facilities, food service
facilities, or motor vehicle parking facilities become
property of state.
When the particular bonds for any dormitory or dormitories,
home or homes, refectory or refectories housing facilities, food
service facilities, or motor vehicle parking facilities, and the
interest on such bonds, shall have been paid, or a sufficient
amount has been provided for their payment and shall continue to be
held for that purpose, the said dormitories, homes or refectories
housing facilities, food service facilities, or motor vehicle
parking facilities shall thereafter be exclusively the property of
the state of West Virginia, and thereafter the rents, fees and
charges collected for the use or occupancy of, or service rendered
and furnished by, such dormitories, homes or refectories housing
facilities, food service facilities, or motor vehicle parking
facilities shall be paid into the state board of investments as
provided by the provisions of section two, article two, chapter
twelve of this code, as amended, and used and expended for the
benefit of the institution where collected: Provided, That nothing
in this section precludes any governing board from pledging such
rents, fees and charges to pay the principal and interest on any
bonds thereafter issued to construct new, or to improve existing
dormitories, homes or refectories housing facilities, food service
facilities, or motor vehicle parking facilities pursuant to section
nineteen of this article. Such rents, fees and charges shall be paid as may be provided in a trust agreement authorized pursuant to
section seventeen of this article, and in the absence of such trust
agreement, as provided in section nineteen of this article.
§18-23-21.State debt not to be incurred for dormitories, housing
facilities, food service facilities, or motor vehicle
parking facilities; federal and private assistance;
provisions separable.
Nothing in these sections dealing with dormitories, homes or
refectories housing facilities, food service facilities, or motor
vehicle parking facilities shall may be so construed or interpreted
as to authorize or permit the incurring of state debt of any kind
or nature as contemplated by the constitution of this state in
relation to the state debt. The dormitories, homes or refectories
housing facilities, food service facilities, or motor vehicle
parking facilities herein are of the character described as
self-liquidating projects under the laws of the United States this
state.
Any governing board authorized to issue bonds under the
provisions of this article is authorized and empowered to accept
loans or grants or temporary advances for the purpose of paying
part or all of the cost of construction of the dormitories, homes
or refectories housing facilities, food service facilities, or
motor vehicle parking facilities and the other purposes herein
authorized, from the United States of America or such federal or
public agency or department of the United States or any private
agency, corporation or individual, which temporary advances may be repaid out of the proceeds of the bonds authorized to be issued
under the provisions of this article and to enter into the
necessary contracts and agreements to carry out the purposes hereof
with the United States of America or such federal or public agency
or department of the United States, or with any private agency,
corporation or individual. The provisions and parts of this section
are separable and are not matters of mutual essential inducement,
and it is the intention to confer the whole or any part of the
powers herein provided for, and if any of the sections or
provisions, or parts thereof, are for any reason illegal or
invalid, it is the intention that the remaining sections and
provisions or parts thereof shall remain in full force and effect.
§18-23-22. Sections regarded as supplementary.
Sections thirteen to twenty-four, inclusive, of this article,
shall be deemed to provide an additional and alternative method for
the doing of the things authorized hereby and shall be regarded as
supplementary and additional to powers conferred by other laws:
Provided, That when any revenue bonds are issued hereunder for the
purposes provided by sections thirteen to twenty-four, inclusive,
of this article, for the benefit of any particular state
educational institution of higher education, no dormitories, homes
or refectories housing facilities, food service facilities, or
motor vehicle parking facilities shall thereafter be constructed,
built or erected at such the state educational institution of
higher education until the appropriate governing board shall, by
investigating and hearing investigation had thereon, under such rules as it may prescribe, determines that there is an imperative
public need for the construction, building or erection of such
dormitories, homes or refectories housing facilities, food service
facilities, or motor vehicle parking facilities, and that their
construction, building or erection and subsequent maintenance or
operation will not materially injure the revenues of and from any
dormitories, homes or refectories housing facilities, food service
facilities, or motor vehicle parking facilities constructed, built,
erected, maintained or operated at such state educational
institution of higher education under the provisions of sections
thirteen to twenty-four, inclusive, of this article.
§18-23-23.Approval of dormitories, housing facilities, food
service facilities, or motor vehicle parking
facilities.
It shall is not be necessary to secure from any officer or
board not named in sections thirteen to twenty-four, inclusive, of
this article, any approval or consent or any certificate or
finding, or to hold any election, or to take any proceedings
whatever, either for the acquisition, construction or erection of
such dormitories, homes or refectories housing facilities, food
service facilities, or motor vehicle parking facilities, or the
improvement thereof, or their maintenance, operation, repair or
insurance, or for the issuance of bonds hereunder, except such as
are prescribed in the sections herein named or are required by the
constitution of the state.
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 fiscal constraints of the
state and for the state's residents to participate 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 wherein 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 work force from our education systems have the
knowledge and skills to succeed in the economy of the twenty-first
century. It is equally important, however, that working-age adults
who are the large majority of the current and potential work force
also possess the requisite knowledge and skills and the ability 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 its entire population of any age.
(2) Post-secondary education is changing throughout the
nation. Place-bound adults, employers and communities are demanding
education and student services that are 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 cannot
afford to finance quality higher education systems that aspire to
offer a full array of programs 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
cross-cutting issues such as regional economic and work force 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 assets to meet new
demands. New investments must be targeted to those initiatives
designed to enhance and reorient existing capacity, provide
incentives for collaboration and focus on the new demands. It must
have a single accountability point for developing, 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 can offer and recognize
the importance of their contributions to the economic, social and
cultural well-being of their communities.
(5) The system of public higher education should be open and
accessible to all persons, including persons with disabilities and
other persons with special needs.
(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 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 work force
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 these results.
(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 and
three-c of this chapter, which 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 geographical 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 stable and continuing 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, work force development and other higher education
services to place-bound adults thus improving the general levels of
post-secondary educational 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 work force 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 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, inclusive, 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.
-+(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 commission report the progress toward achieving
these goals in the higher education report card required pursuant to section eight, 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 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. 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 is met; (ii) inform
public school students, 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; 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 post-secondary education, the governor's council on literacy
and the governor's work force investment office to promote the
effective and efficient utilization of work force 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, work force 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 is at the national average.
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 governor's work force investment office to promote to
individuals of all ages the benefits of increased post-secondary
educational 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 work force 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, have
access to post-secondary educational 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 prepare students to
practice good citizenship and to compete in a global economy in
which good jobs require an advanced level of education and skills
which far 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 include 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 which 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 which meet the current and future work force
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-1-3.Transfer of powers, duties, property, obligations, etc.,
of prior governing boards to the higher education policy
commission and governing boards.
(a) All powers, duties and authorities transferred to the
board of regents pursuant to former provisions of chapter eighteen
of this code 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
seventeenth day of June, two thousand, are hereby transferred to
the interim governing board created in article one-c of this
chapter and shall be exercised and performed by the interim
governing board until the first day of July, two thousand one, as
such powers, duties and authorities may apply to the institutions
under its jurisdiction.
(b) Title to all property previously transferred to or vested
in the board of trustees and the board of directors and property
vested in either of the boards separately, formerly existing under the provisions of chapter eighteen-b of this code, are hereby
transferred to the interim governing board created in article one-c
of this chapter until the first day of July, two thousand one.
Property transferred to or vested in the board of 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;
(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 trustees and board of directors
formerly existing under the provisions of chapter eighteen-b of
this code is hereby transferred to the interim governing board
until the first day of July, two thousand one as those agreements
and obligations may apply to the institutions under its
jurisdiction. Valid agreements and obligations transferred to the
board of 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;
(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 respective board of trustees and board of directors and in
effect immediately prior to the first day of July, two thousand,
are hereby transferred to the interim governing board until the
first day of July, two thousand one and shall continue in effect
and shall be deemed the orders, resolutions and rules of the
interim governing board until rescinded, revised, altered or
amended by the commission or the governing boards 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;
(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 or board of directors in the manner
and to the extent authorized and permitted by law.
(e) Title to all real property transferred to or vested in the
interim governing board pursuant to this section of the code is
hereby transferred to the commission effective the first day of
July, two thousand one. The board of governors for each
institution may request that the commission transfer title to the
board of governors of any real property specifically identifiable
with that institution or the commission may initiate the transfer.
Any such request must be made within two years of the effective date of this section and be accompanied by an adequate legal
description of the property. The title to any real property that
is jointly utilized by institutions or for statewide programs under
the jurisdiction of the commission shall be retained by the
commission.
(f) Ownership of or title to any other property, materials,
equipment, or supplies obtained or purchased by the interim
governing board or the previous governing boards on behalf of an
institution is hereby transferred to the board of governors of that
institution effective the first day of July, two thousand one.
(g) Each valid agreement and obligation previously transferred
or vested in the interim governing board and which was undertaken
or agreed to on behalf of an institution or institutions is hereby
transferred to the board of governors of the institution or
institutions for whose benefit the agreement was entered into or
the obligation undertaken, effective the first day of July, two
thousand one. The obligations contained in revenue bonds issued by
the previous governing boards under the provisions of section
eight, article ten, chapter eighteen-b and article twelve-b,
chapter eighteen of this code are hereby transferred to the
commission and each institution shall transfer to the commission
those funds the commission determines are necessary to pay that
institution's share of bonded indebtedness. The obligations
contained in revenue bonds issued on behalf of a state institution
of higher education pursuant to any other section of this code is
hereby transferred to the board of governors of the institution on whose behalf the bonds were issued.
(h) All orders, resolutions, policies and rules adopted or
promulgated by the respective board of trustees, board of
directors, or interim governing board and in effect immediately
prior to the first day of July, two thousand one, are hereby
transferred to the commission effective the first day of July, two
thousand one, and shall continue in effect until rescinded,
revised, altered or amended or transferred to the governing boards
by the commission as set out in this section and in section six,
article one of this chapter.
(i) The commission may, in its sole discretion, transfer any
rule, other than a legislative rule, to the jurisdiction of the
governing boards who may rescind, revise, alter or amend any rule
so transferred pursuant to rules adopted by the commission.
(e) (j) As to any title, agreement, obligation, order,
resolution, rule or any other matter about which there is some
uncertainty, misunderstanding or question, the matter shall be
summarized in writing and sent to the commission which shall make
a determination regarding such matter within thirty days of receipt
thereof.
(f) (k) 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 commission.
§18B-1-6. Rule Making.
(a) Effective the first day of July, two thousand one, the
commission is hereby empowered to promulgate, adopt, amend or
repeal rules, in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code.
(b) The commission shall promulgate a rule to guide the
development and approval of rules, guidelines and other policy
statements made by the governing boards. The rule promulgated by
the commission shall include, but is not limited to, the following
provisions:
(1) A procedure to insure that public notice is given and that
the right of interested parties to have a fair and adequate
opportunity to respond is protected;
(2) Designation of a single location where all proposed and
approved rules, guidelines and other policy statements can be
accessed by the public;
(3) A procedure to maximize internet access to all proposed
and approved rules, guidelines and other policy statements, to the
extent technically and financially feasible.
(c) On and after the effective date of this section, and
notwithstanding any other provision of this code to the contrary, no rule heretofore required by law to be promulgated as a
legislative rule may be considered to be a legislative rule for the
purposes of article three-a, chapter twenty-nine-a of this code,
except for the following:
(1) The legislative rule required by subsection (c), section
eight, article one of this chapter;
(2) The legislative rule required by section eight-a, article
one of this chapter;
(3) The legislative rule required by section two, article one-
a of this chapter;
(4) The legislative rule required by section four, article
one-b of this chapter;
(5) The legislative rule required by section one, article
three, chapter eighteen-c of this code;
(6) The legislative rule required by section one, article
four, chapter eighteen-c of this code;
(7) The legislative rule required by section seven, article
five, chapter eighteen-c of this code; and
(8) The legislative rule required by section one, article six,
chapter eighteen-c of this code.
(d) On or after the effective date of this section and before
the first day of October, two thousand one, notwithstanding any
other provision of this code to the contrary, any rule heretofore
promulgated as a legislative rule which was not required
specifically by law to be promulgated as a legislative rule, or any
rule previously required to be a legislative rule by statute but reclassified by subsection (c) of this section, may be reclassified
by the commission either as an interpretive rule or as a procedural
rule. The commission shall notify in writing the legislative
oversight commission on education accountability of such
reclassification and shall file such notice with the office of the
secretary of state to be published in the state register.
(e) Nothing in this section may be construed to require that
any rule reclassified under this section be promulgated again under
the procedures set out in article three-a, chapter twenty-nine-a
unless the rule is amended or modified.
(f) The commission shall cause a copy of any rule it proposes
to promulgate, adopt, amend or repeal under the authority of this
article to be filed with the legislative oversight commission on
education accountability created in said article three-a, chapter
twenty-nine-a of this code.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST
VIRGINIA.
§18B-1A-2.Institutional compacts with state institutions of
higher education; establishment and review process.
(a) Each institution of higher education 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 such
other areas as the commission determines appropriate. In the
determination of mission, the institutions and the commission shall
consider 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) A statement of the geographic areas of responsibility,
where applicable, 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;
(6) Such 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
shall be subject to the following:
(1) The ultimate responsibility for developing and updating
the institutional compacts at the institutional level resides with
the institutional board of advisors or the institutional board of
governors, as appropriate;
(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 institutions on or before the first day of
February, two thousand one, and. The first annual updates shall be
submitted on or before the first day of February fifteenth day of
November, two thousand-one and succeeding updates shall be
submitted on the fifteenth day of November of each succeeding year
thereafter;
(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) By 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 as objective as possible;
(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 by legislative rule
indicators which 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.
(1) The Legislature finds that an emergency exists, and
therefore the commission shall file as an emergency rule the rule
pertaining to benchmarks and indicators that was filed with the
office of the secretary of state on the twenty-sixth day of
December, two thousand. The commission shall file a legislative
rule in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code
to replace the emergency rule no later
than the first day of November, two thousand one.
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 of this code
that
(2) The legislative rule shall set forth at the least the
following as pertains to all state institutions of higher
education:
(A) The indicators to be used to measure the degree to which
the goals and objectives are being met;
(B) Uniform definitions for the various data elements to be
used in establishing the indicators; and
(C) Guidelines for the collection and reporting of data; and
(D) Sufficient detail within the benchmarks and indicators to:
(i) Provide measurable evidence that the pursuits of the
institution are targeting the educational needs of the citizens of
the state and the components of the compacts and master plans;
(ii) Delineate the goals and benchmarks for an institution so
that the commission can precisely measure the degree to which
progress is being made toward achieving the goals for postsecondary
education provided in section one-a, article one of this chapter;
and
(iii) Distinctly identify specific goals within the master
plan or compact of an institution that are not being met, or toward
which sufficient progress is not being made.
(3) In addition to any other requirement, the legislative rule
shall set forth at the least the following as pertains to community
and technical college education:
(A) Benchmarks and indicators which are targeted to identify:
(i) The degree to which progress is being made by institutions
toward meeting the goals for postsecondary education and the essential conditions provided in section three, article three-c of
this chapter;
(ii) Information and data necessary to be considered by the
policy commission in making the determination required by section
three, article two-c of this chapter;
(iii) The degree to which progress is being made in the areas
considered by the commission for the purpose of making the
determination required by section three, article two-c of this
chapter; and
(B) Sufficient detail within the benchmarks and indicators to
provide clear evidence to support an objective determination by the
commission that an institution's progress toward achieving the
goals for postsecondary education and the essential conditions is
so deficient that implementation of the provisions of section four,
article two-c of this chapter is warranted and necessary.
(g) The commission shall approve the master plans developed
by the institutional boards of governors and the institutional
boards of advisors pursuant to subsection (b), section four,
article two-a of this chapter and subsection (k), section one,
article six of this chapter.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-4. Powers and duties of higher education policy commission.
(a) The primary responsibility of the commission is to
develop, establish and implement policy that will achieve the goals
and objectives found in section one-a, article one of this chapter.
To that end, the commission has the following powers and duties:
(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 ten of this article
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 education and general funding
for institutions 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 governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education system as a whole 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) Review the progress of community and technical colleges in
every region of West Virginia; such review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
(7) Serve as the accountability point for the governor for
implementation of the public policy agenda and for the Legislature
by maintaining a close working relationship with the legislative
leadership and the legislative oversight commission on education
accountability;
(8) 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;
(9) Establish and implement a peer group for each public
institution of higher education in the state as described in
section three, article one-a of this chapter;
(10) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions;
(l1) In January, two thousand one, and annually thereafter,
report to the Legislature and to the legislative oversight
commission on education accountability during the January interim
meetings, on a date and at a time and location to be determined by
the president of the Senate and the speaker of the House of
Delegates. The report shall address at least the following:
(A) The performance of the system of higher education 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 collected pursuant to
subsection (i), section one, article ten of this chapter 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;
(E) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments;
(13) On or before the first day of October, two thousand,
develop, establish and implement 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 one million dollars in cost. No such project may be
pursued by an institution without the approval of the commission
nor may an institution participate directly or indirectly with any
public or private entity in any capital project which has the
potential to exceed one million dollars in cost;
(14) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
(15) 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;
(16) Employ a chancellor for higher education pursuant to
section five of this article;
(17) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the commission;
(18) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(19) Conduct a study of the faculty tenure system as
administered by the governing boards 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;
(20) Advise and consent in the appointment of the presidents
of the institutions of higher education pursuant to section six of
this article. The role of the commission in approving an
institutional president is to assure through personal interview
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;
(21) Approve the total compensation package from all sources
for institutional presidents, as proposed by the governing boards.
The governing boards must obtain approval from the commission of
the total compensation package both when institutional presidents
are employed initially and afterward when any change is made in the
amount of the total compensation package;
(22) Establish and 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;
(23) Approve and implement a uniform standard, as developed by
the chancellor, to determine which students shall be placed in
remedial or developmental courses. The standard shall be aligned
with college admission tests and assessment tools used in West
Virginia and shall be applied uniformly by the governing boards
throughout the public higher education system. The chancellor shall
develop a clear, concise explanation of the standard which the
governing boards shall communicate to the state board of education
and the state superintendent of schools;
(24) Review and approve or disapprove capital projects as
described in subdivision (12), subsection (a) of this section;
(25) Develop and implement 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;
(26) Establish and implement 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
regionally 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;
(27) Establish and implement 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 regionally
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;
(28) Establish and implement 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
regionally 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 and implement 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 or other education institutions, or internet-based
education 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;
(30) Seek out and attend regional, national and international
meetings and forums on education and work force development related
topics, as in the 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;
(31) Develop, establish and implement guidelines for higher
education governing boards and institutions to follow when
considering capital projects. The guidelines shall include, but not
be limited to, the following:
(A) That the governing boards and institutions not approve or promote projects that give competitive advantage to new private
sector projects over existing West Virginia businesses, unless the
commission determines such private sector projects are in the best
interest of the students, the institution and the community to be
served; and
(B) That the governing boards and institutions not approve or
promote projects involving private sector businesses which would
have the effect of reducing property taxes on existing properties
or avoiding, in whole or in part, the full amount of taxes which
would be due on newly developed or future properties.
The commission shall determine whether the guidelines
developed pursuant to this subdivision should apply to any project
which a governing board and institution alleges to have been
planned on or before the effective date of this section seventeenth
day of June, two thousand. In making the determination, the
commission shall be guided by the best interests of the students,
the institution and the community to be served;
(32) Certify to the Legislature, on or before the first day of
February, two thousand one, the priority funding percentages and
other information needed to complete the allocation of funds in
section five, article one-a of this chapter;
(33) 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 commission shall submit
the proposed institutional allocations based on each institution's
progress toward meeting the goals of its institutional compact;
(34) Initiate a full review and analysis of all student fees
charged by state institutions of higher education and make
recommendations to the legislative oversight commission on
education accountability no later than the second day of January,
two thousand two. The final report shall contain findings of fact
and recommendations for proposed legislation to condense, simplify
and streamline the fee schedule and the use of fees or other money
collected by state institutions of higher education;
(35) The commission has the authority to assess institutions
for the payment of expenses of the commission or for the funding of
statewide higher education services, obligations or initiatives;
(36) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(37) Make appointments to boards and commissions where this
code requires appointments from the state college system board of
directors or the university of West Virginia system board of
trustees which were abolished effective the thirtieth day of June,
two thousand. Notwithstanding any provisions of this code to the
contrary, the commission may appoint one of its own members or any other citizen of the state as its designee. The commission shall
appoint the total number of persons in the aggregate required to be
appointed by these previous governing boards;
(38) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section are
hereby transferred to the commission and shall continue in effect
until rescinded, revised, altered or amended by the commission;
(39) Examine and determine the feasibility of recommendations
contained in the Implementation Board Report presented to the
commission in January, two thousand-one, and, at the discretion of
the commission, create the advantage valley community college
network to enhance provision of community and technical college
education in the responsibility areas of Marshall University, West
Virginia State College and West Virginia University Institute of
Technology;
(40) Pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The commission may promulgate a new
uniform rule for the purpose of standardizing, as much as possible,
the administration of personnel matters among the institutions of
higher education;
(41) Determine when a joint rule among the governing boards is
necessary or required by law and, in those instances and in consultation with the governing boards, promulgate the joint rule;
(42) Promulgate a joint rule establishing tuition and fee
policy. The rule shall include, but is not limited to, the
following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out of state students; and
(E) Such other policies as the commission considers
appropriate; and
(43) Develop a method for the council, or members thereof, to
participate in the selection of administrative heads of the
community and technical colleges.
(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 and implementation 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 and the authority to implement
needed changes;
(5) Development of budget 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;,
including promulgation of any rules formerly vested in the previous
governing boards in relation to those programs;
(7) Acting as the agent to receive and disburse public funds
when a governmental entity requires designation of a statewide
higher education agency for this purpose;
(8) Development, establishment and implementation 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) Developing, establishing and implementing policies for
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, implementation and oversight of statewide and regionwide projects and initiatives such as those using funds
from federal categorical programs or those using incentive and
performance-based funding from any source; and
(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 commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The commission is authorized to withdraw specific powers
of any institutional governing board for a period not to exceed two
years if the commission makes a determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the institutional board of governors
according to state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the institutional board of governors
to carry out its duties and responsibilities.
(4) The period of withdrawal of specific powers may not exceed
two years during which time the commission is authorized to take
steps necessary to reestablish the conditions for restoration of
sound, stable and responsible institutional governance.
(e) Notwithstanding the provisions of section six, article
one-a of this chapter, the commission shall undertake a study of
the most effective and efficient strategies and policies to address
the findings and intent of that section.
(1) The issues addressed by this study shall include, but not
be limited to:
(A) Strategies to ensure access to graduate education;
(B) The development of state colleges as regional graduate
centers with authority to broker access to graduate programs in
their responsibility areas;
(C) The process by which state colleges obtain authorization
to grant graduate degrees;
(D) The relationship of regional graduate centers at state
colleges to graduate programs offered within those regions by
state universities; and
(E) Other issues related to initiatives to meet each region's
need and enhance the quality and competitiveness of graduate
programs offered and/or brokered by West Virginia state colleges
and universities.
(2) The commission shall report the findings of this study
along with the recommendations for legislative actions, if any, to address these findings and the intent of this section, to the
legislative oversight commission on education accountability by the
first day of January, two thousand one.
§18B-1B-5.Employment of chancellor for higher education; office;
powers and duties generally; employment of vice
chancellors.
(a) The commission, created pursuant to section one of this
article, shall employ a chancellor for higher education who shall
be the chief executive officer of the commission and who shall
serve at its will and pleasure. The vice chancellor for
administration shall serve as the interim chancellor until a
chancellor is employed.
(b) The commission shall set the qualifications for the
position of chancellor 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 chancellor.
(c) The chancellor shall be compensated on a basis in excess of, but not to exceed twenty percent greater than, the base salary
of any president of a state institution of higher education or the
administrative head of a governing board.
(d) With the approval of the commission, the chancellor may
employ a vice chancellor for health sciences who shall serve at the
will and pleasure of the chancellor. The vice chancellor for health
sciences shall coordinate the West Virginia university school of
medicine, the Marshall university school of medicine, and the West
Virginia school of osteopathic medicine and also shall provide
assistance to the governing boards on matters related to medical
education and health sciences. The vice chancellor for health
sciences shall perform all duties assigned by the chancellor, the
commission and state law. In the case of a vacancy in the office of
vice chancellor of health sciences, the duties assigned to this
office by law are the responsibility of the chancellor or a
designee;
(e) With the approval of the commission, the chancellor shall
employ a vice chancellor for community and technical college
education and work force development who serves at the will and
pleasure of the chancellor. The duties of this position include the
general supervision of the joint commission for
vocational-technical-occupational education, as provided in article
three-a serving as the chief executive officer of the West Virginia
council for community and technical college education created
pursuant to article two-b of this chapter, and such other duties as assigned by law or by the commission. Any reference in this code to
the vice chancellor for community and technical colleges means the
vice chancellor for community and technical college education and
work force development, which vice chancellor for community and
technical colleges shall become the vice chancellor for community
and technical college education and work force development. It is
the duty and responsibility of the vice chancellor for community
and technical college education and work force development to:
(1) Provide assistance to the commission, the chancellor and
the governing boards on matters related to community and technical
college education;
(2) Advise, assist and consult regularly with the
institutional presidents; institutional boards of governors or
boards of advisors, as appropriate; and district consortia
committees of the state institutions of higher education involved
in community and technical college education; and
(3) Perform all duties assigned by the chancellor, the
commission and state law.
(f) With the approval of the commission, the chancellor shall
employ a vice chancellor for administration pursuant to section
two, article four of this chapter;
(g) With the approval of the commission, the chancellor shall
may employ a vice chancellor for state colleges who shall serve at
the will and pleasure of the chancellor. It is the duty and
responsibility of the vice chancellor for state colleges to:
(1) Provide assistance to the commission, the chancellor and
the state colleges and freestanding community and technical
colleges on matters related to or of interest and concern to these
institutions;
(2) Advise, assist and consult regularly with the
institutional presidents and institutional boards of governors of
each state college or freestanding community and technical college;
(3) Serve as an advocate and spokesperson for the state
colleges and community and technical colleges to represent them and
to make their interests, views and issues known to the chancellor,
the commission and governmental agencies;
(4) Perform all duties assigned by the chancellor, the
commission and state law; and
(5) Establish such guidelines as believed appropriate to
restrict the use of public funds by the state colleges and
freestanding community and technical colleges for influencing
public policy development.
In addition, the vice chancellor for state colleges has the
responsibility and the duty to provide staff assistance to the
institutional presidents and governing boards to the extent
practicable;
(h) Apart from the offices of the vice chancellors as set
forth in this section and section two, article four of this
chapter, the chancellor shall determine the organization and
staffing positions within the office that are necessary to carry out his or her powers and duties and may employ necessary staff;
(i) The chancellor 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;
(j) The chancellor shall be responsible for the day-to-day
operations of the commission and shall have 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 including the offices of the
chancellor and the vice chancellors;
(4) Effective the first day of July, two thousand one, and
under the direction of the commission, to promulgate rules for
higher education, as set forth in article three-a, chapter
twenty-nine-a of this code;
(5) On and after the first day of July, two thousand one, to
assist the governing boards in developing rules, subject to the
provisions of section six, article one of this chapter. and under the direction of the commission, to:
(A) Provide technical assistance, when requested, to the
governing boards in the development of rules;
(B) Review rules and approve rules of the governing boards for
filing with the office of the vice chancellor for administration;
(C) Determine when a joint rule among the governing boards is
necessary or required by law and, in those instances and in
consultation with the governing boards, promulgate the joint rule;
(D) Ensure that all the requirements are met for promulgating
rules as set forth in article three-a, chapter twenty-nine-a of
this code: Provided, That nothing in said chapter shall be
construed to require the approval and filing of institution rules
except for approval by the chancellor and filing in the office of
the vice chancellor as provided herein; and
(E) Establish a process for the transition from the rules
promulgated by the previous board of trustees, board of directors
and the interim governing board to new rules filed by the
chancellor, 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.
The chancellor 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 prior
to the effective date of this section. The chancellor 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 commission, governing boards and institutions under their
jurisdiction. The chancellor shall be responsible for ensuring
that any policy which is required to be uniform across the
institutions is applied in a uniform manner;
(6) To perform all other duties and responsibilities assigned
by the commission or by state law.
(k) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities;
(l) The chancellor 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 chancellor shall work closely
with the legislative oversight commission on education
accountability and with the elected leadership of the state to
ensure that they are fully informed about higher education issues
and that the commission fully understands the goals for higher education that the Legislature has established by law;
(m) The chancellor may design and develop for consideration by
the commission new statewide or regional initiatives in accordance
with the goals set forth in section one-a, article one of this
chapter and the public policy agenda articulated by the commission.
(n) The chancellor shall work closely with members of the
state board of education and with the state superintendent of
schools to assure that the following goals are met:
(1) Development and implementation of a seamless
kindergarten-through-college system of education; and
(2) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
commission and the state board of education, the chancellor shall
serve as an ex officio, nonvoting member of the state board of
education.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1.Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) Effective the thirtieth day of June, two thousand one, the
institutional boards of advisors at Bluefield state college,
Concord college, eastern West Virginia community and technical
college, Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and
technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school of osteopathic medicine, West Virginia state college and West
Virginia university are abolished.
(b) Effective the first day of July, two thousand one, an
institutional a board of governors is established at each of the
following institutions: Bluefield state college, Concord college,
eastern West Virginia community and technical college, Fairmont
state college, Glenville state college, Marshall university,
Shepherd college, southern West Virginia community and technical
college, West Liberty state college, West Virginia northern
community and technical college, the West Virginia school of
osteopathic medicine, West Virginia state college and West Virginia
university. Each institutional board of governors shall consist of
twelve persons: Provided, That the institutional boards of
governors for Marshall university and West Virginia university
shall consist of fifteen persons. Each institutional board of
governors shall include:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body;
(3) A member of from the institutional classified staff
employees duly elected by the classified staff employees; and
(4) Nine lay members appointed by the governor by and with the
advice and consent of the Senate pursuant to section one-a, article six of this chapter: Provided, That for the institutional boards of
governors at Marshall university and West Virginia university,
twelve lay members shall be appointed by the governor by and with
the advice and consent of the Senate pursuant to section one-a,
article six of this chapter: Provided, however, That of the
appointed lay members, the governor shall appoint one
superintendent of a county board of education from the area served
by the institution: Provided further, That in making the initial
appointments to the institutional boards of governors, the governor
shall appoint, except in the case of death, resignation or failure
to be confirmed by the Senate, those persons who are lay members of
the institutional boards of advisors for those institutions named
in subsection (a) on the thirtieth day of June, two thousand one,
and appointed pursuant to section one-a, article six of this
chapter.
(c) Of the nine members appointed by the governor, no more
than five may be of the same political party: Provided, That of the
twelve members appointed by the governor to the governing boards of
Marshall university and West Virginia university, no more than
seven may be of the same political party. At least six of the
members shall be residents of the state: Provided, however, That of
the twelve members appointed by the governor to the governing
boards of Marshall university and West Virginia university, at
least eight of the members shall be residents of the state.
(d) The student member shall serve for a term of one year. The term beginning in July, two thousand, shall end on the
thirtieth day of June, two thousand one. The term beginning in
July, two thousand one, shall end on the thirtieth day of June, two
thousand two. Thereafter, the term shall begin on the first day of
July.
(e) The faculty member shall serve for a term of two years.
The term beginning in July, two thousand one, ends on the thirtieth
day of June, two thousand three. Thereafter, the term shall begin
on the first day of July. The term beginning in July, two
thousand, shall end on the thirtieth day of June, two thousand one,
and Faculty members are eligible to succeed themselves for three
additional terms, not to exceed a total of eight consecutive years.
(f) The classified staff member representing classified
employees shall serve for a term of two years. The term beginning
in July, two thousand one, shall end on the thirtieth day of June,
two thousand three. Thereafter, the term shall begin on the first
day of July. Members representing classified employees are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.
(g) The appointed lay citizen members shall serve terms of
four years each. All members and shall be eligible to succeed
themselves for no more than one additional term.
(h) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy 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 June preceding the commencement of the term, except the
election of officers for the term beginning in July, two thousand
one shall be made that July. Each institutional board of governors
shall elect one of its appointed lay members to be chairperson in
June of each year. No member may serve as chairperson for more than
two consecutive years.
(d) (i) The appointed members of the institutional boards of
governors shall serve staggered terms. Of the initial appointments
by the governor to each of the institutional boards of governors,
two shall be appointed for terms of one year, two shall be
appointed for terms of two years, two shall be appointed for terms
of three years and three shall be appointed for terms of four
years: Provided, That for the initial appointments to the governing
boards of Marshall university and West Virginia university, three
shall be appointed for terms of one year, three shall be appointed
for terms of two years, three shall be appointed for terms of three
years and three shall be appointed for terms of four years. After
the initial appointments, all appointees shall serve for terms of
four years.
(e) (j) No person shall be eligible for appointment to
membership on an institutional a board of governors who is an
officer, employee or member of any other institutional board of
governors, a member of an institutional board of advisors of any public institution of higher education, an employee of any
institution of higher education, an officer or member of any
political party executive committee, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions or a member of the
commission: Provided, That this subsection shall not be construed
to prevent the representative from the faculty, classified staff
employees, or students representative or the superintendent of a
county board of education from being members of the governing
boards.
(f) (k) Before exercising any authority or performing any
duties as a member of a governing board, 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.
(g) (l) No member of a governing board appointed by the
governor may be removed from office by the governor except for
official misconduct, incompetence, neglect of duty or gross
immorality and then only in the manner prescribed by law for the
removal of the state elective officers by the governor.
(h) (m) The president of the institution shall make available
resources of the institution for conducting the business of its
institutional board of governors. The members of the institutional
board of governors shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
article upon presentation of an itemized sworn statement of their
expenses. All expenses incurred by the institutional board of
governors and the institution under this section shall be paid from
funds allocated to the institution for that purpose.
§18B-2A-4. Powers and duties of governing boards generally.
Effective the first day of July, two thousand one, each
governing board shall separately have the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institutions of higher education under its jurisdiction;
(b) Develop a master plan for the institutions under its
jurisdiction; except the administratively linked community and
technical colleges shall develop their master plans subject to the
provisions of section one, article six of this chapter. The
ultimate responsibility for developing and updating the master
plans at the institutional level resides with the institutional
board of governors or board of advisors, as applicable, but the
ultimate responsibility for approving the final version of the
institutional master plans, including periodic updates, resides
with the commission. Each 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 of the institutional compact;
(2) A well-developed set 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;
(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 shall be revised periodically as
necessary, including the addition or deletion of degree programs
as, in the discretion of the appropriate governing board, may be
necessary.
(c) 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 area of
responsibility and to avoid unnecessary duplication;
(d) Direct the preparation of a budget request for the state
institutions of higher education under its jurisdiction, such
request to relate directly to missions, goals and projections as
found in the institutional master plans and the institutional compacts;
(e) Consider, revise and submit to the commission a budget
request on behalf of the state institutions of higher education
under its jurisdiction;
(f) 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 work force
needs of its responsibility district. As a part of the review, each
governing board shall require the institutions under its
jurisdiction to 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
coincide with the studies required of many academic disciplines by
their accrediting bodies;
(g) The governing boards also shall ensure that the sequence
and availability of academic programs and courses offered by the
institutions under their jurisdiction is such that students have
the maximum opportunity to complete programs in the time frame
normally associated with program completion. Each governing board
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 individual governing board to control, to
assure core coursework completed at state institutions of higher education under its jurisdiction is transferable to any other state
institution of higher education for credit with the grade earned.
(h) Subject to the provisions of article one-b of this
chapter, the appropriate governing board has the exclusive
authority to approve the teacher education programs offered in the
institution under its control. In order to permit graduates of
teacher education programs to receive a degree from a nationally
accredited program and in order to prevent expensive duplication of
program accreditation, the chancellor may select and utilize one
nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation;
(i) Utilize faculty, students and classified staff employees
in institutional-level planning and decision making when those
groups are affected;
(j) Subject to the provisions of federal law and pursuant to
the provisions of article nine of this chapter and to rules adopted
by the commission, administer a system for the management 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:
(k) 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, one and notwithstanding any other
provisions of this code to the contrary, the procedure established
in article twenty-nine, six-a chapter eighteen twenty-nine of this
code shall be the exclusive mechanism for hearing prospective
employee grievances and appeal.: Provided further, in construing
the application of article six-a, chapter twenty-nine to grievances
of higher education employees, the following shall apply:
(1) "Chief administrator" means the president of a state
institution of higher education as to those employees employed by
the institution and the chancellor as to those employees employed
by the commission;
(2) The state division of personnel shall not be a party to
nor have any authority regarding a grievance initiated by a higher
education employee; and
(3) The provisions of this section supersede and replace the
grievance procedure set out in article twenty-nine, chapter
eighteen of this code for any grievance initiated by a higher
education employee after the first day of July, two thousand one.
(l) Solicit and utilize or expend voluntary support, including
financial contributions and support services, for the state
institutions of higher education under its jurisdiction;
(m) Appoint a president or other administrative head for the
institutions of higher education under its jurisdiction subject to
the provisions of section six, article one-b of this chapter;
(n) Conduct written performance evaluations of each institution's president pursuant to section six, article one-b of
this chapter;
(o) Submit to the commission no later than the first day of
November of each year an annual report of the performance of the
institutions of higher education under its jurisdiction during the
previous fiscal year as compared to stated goals in its master plan
and institutional compact;
(p) 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 campuses of the public
institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal, the
boards are permitted to share resources among the various groups in
the community;
(q) Delegate, with prescribed standards and limitations, the
part of its power and control over the business affairs of a
particular state institution of higher education under its
jurisdiction to the president or other administrative head of the
state institution of higher education in any case where it
considers the delegation necessary and prudent in order to enable
the institution to function in a proper and expeditious manner and
to meet the requirements of its institutional compact. If a
governing board elects to delegate any of its power and control
under the provisions of this subsection, it shall notify the chancellor. Any such delegation of power and control may be
rescinded by the appropriate governing board or the chancellor at
any time, in whole or in part;
(r) Unless changed by the interim governing board or the
chancellor, the governing boards 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 than scores designated by the appropriate
governing board when the credit is to be used toward meeting a
requirement of the core curriculum for a major in that department;
(s) Each governing board, or its 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 its
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) The governing boards in consultation with the chancellor
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 their 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 governing boards shall have the authority to transfer
funds from any account specifically appropriated for their use to
any corresponding line item in a general revenue account at any
agency or institution under their jurisdiction as long as such
transferred funds are used for the purposes appropriated. The
governing boards also shall have the authority to transfer funds
from appropriated special revenue accounts for capital improvements
under their jurisdiction to special revenue accounts at agencies or
institutions under their jurisdiction as long as such transferred
funds are used for the purposes appropriated; and
(v) Notwithstanding any other provision of this code to the
contrary, the governing boards may acquire legal services as are
considered necessary, including representation of the governing
boards, their institutions, employees and officers before any court
or administrative body. The counsel may be employed either on a
salaried basis or on a reasonable fee basis. In addition, the
governing boards may, but are not required to, call upon the
attorney general for legal assistance and representation as
provided by law.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.
§18B-2B-1. Legislative findings; intent; purpose.
(a) The Legislature hereby finds that:
(1) The goals, objectives and purposes contained in Senate
Bill 653, passed during the regular legislative session in two
thousand, reflected the research findings available to the
Legislature at the time; since then, however, additional research
indicates that, while Senate Bill 653 moves in the appropriate
direction of independent accreditation and meeting essential
conditions for public community and technical colleges, the
legislation does not take the final steps that are considered to be
necessary by independent researchers. This position is clearly
demonstrated by the recent research findings and recommendations
cited below:
(A) "West Virginia: A Vision Shared! Economic Development: A
Plan for West Virginia's Future", hereinafter cited in this article
and article two-c of this chapter as the Market Street Report, is
a research document commissioned by the West Virginia council for
community and economic development to assess the economic
competitiveness of the state. The report makes a number of
findings and recommendations important to public community and
technical college education:
(i) The state needs to adopt and implement a specific focus
on technical education; in particular, it needs to move away from
the traditionally isolated and limited vocational programming towards a systematic approach of teaching technical skills that
employers need today;
(ii) The state needs to establish a strong technical education
system that is separate from the university system and is
responsive to the needs of business throughout the state;
(iii) The state needs to establish as a high level priority
the training and retraining of its working age adults to help them
acquire and maintain the competitive skills they need to succeed in
today's economy; and
(iv) The state needs to emphasize the role of lifelong
learning as a critical piece of its overall education and training
system if the state is to make the transition to the new economy.
(B) The Report to the Legislative Oversight Commission on
Education Accountability, hereinafter cited in this article and
article two-c as the McClenney Report, is a study required by
provisions of Senate Bill 653 and conducted by Dr. Kay McClenney.
The research found that:
(i) The participation rate in West Virginia community and
technical college education is substantially lower than will be
necessary if the state is to achieve its goals for economic
development and prosperity for its citizens;
(ii) The low visibility of the component community and
technical colleges effectively restricts access for the West
Virginians who most need encouragement to participate in
postsecondary education and training;
(iii) It is not clear that the parent institutions of the
component community colleges actually embrace the community college
mission;
(iv) The community and technical college developmental
education programs are under serving by far the evident needs of
the population, especially as that service relates to
nontraditional students;
(v) Adults over age twenty-five are under represented in the
community and technical college student populations;
(vi) Technical education program development and enrollment
are not at the levels necessary to serve the needs of the state;
(vii) Independent accreditation and the essential conditions
required by Senate Bill 653 are necessary, but not sufficient alone
to provide a strong enough tool to accomplish the state's goal to
strengthen community and technical college education; and
therefore,
(viii) The state needs to create a community college support
capacity at the state level that will bring leadership,
coordination, technical support, advocacy and critical mass to a
statewide network of local community and technical college
campuses.
(C) The Report and Recommendations of the Implementation Board
to the West Virginia Higher Education Policy Commission,
hereinafter cited in this article and article two-c of this chapter
as the Implementation Board Report, is a study required by Senate Bill 653 to determine the most effective and efficient method to
deliver community and technical college services in the
responsibility areas of Marshall university, West Virginia state
college and West Virginia university institute of technology. The
Implementation Board Report states its goals and vision for
community and technical college education in the advantage valley
region as one of a dynamic, vital and vibrant community college
network which offers:
(i) Affordable, quality training and education to students;
(ii) Represents a recognized path of choice to success in the
knowledge economy for thousands of West Virginians; and
(iii) Provides West Virginia businesses with the highly
skilled work force necessary to meet their evolving needs in the
global knowledge economy.
(D) In furtherance of their goals, the Implementation Board
Report recommended formation of the advantage valley community
college network:
(i) To enhance economic development through coordinated
leadership and a delivery system for education and training
initiatives;
(ii) To provide accountability through a separate compact and
through independent accreditation of each of the affected community
and technical colleges; and
(iii) To enhance education opportunities for the citizens of
the area and assist in overcoming the barrier of accessibility in higher education.
(b) Based on the recent research cited above, the Legislature
further finds that:
(1) The recommendations of the Market Street Report clearly
point out the shortcomings of the State's current approach to
providing postsecondary education and programs and show the
consequences of failing to change appropriately;
(2) The research, findings, vision and goals set forth in the
McClenney Report and the Implementation Board Report are noteworthy
and, although written, in part, to address specific institutions,
have broad application statewide for community and technical
colleges;
(3) The research shows that:
(A) A need exists to enhance community and technical college
education in West Virginia through the delivery of services that
meet the goals of this chapter and that are delivered pursuant to
the process for meeting the essential conditions established in
section three, article three-c of this chapter;
(B) A need exists for statewide leadership, coordination, and
support for the work of the community and technical colleges and
for advocacy for the public priorities these institutions are
charged to address;
(C) Community and technical colleges need to be efficient,
avoiding duplication and the burden of bureaucracy while
recognizing fiscal realities;
(D) Community and technical colleges need a high degree of
flexibility and local autonomy to preserve and expand their ability
to respond rapidly and effectively to local or regional needs;
(E) Community and technical colleges need state-level support
and leadership that recognize differences among regions of the
state and among institutions and accept the reality that
institutions are at different stages in their development and have
different challenges and capabilities;
(F) Clear benchmarks and regular monitoring are required to
assess the progress of community and technical colleges toward
meeting the established goals and for meeting the essential
conditions, including independent accreditation, established in
this chapter;
(4) Certain acts to streamline accountability, to make maximum
use of existing assets to meet new demands and target funding to
initiatives designed to enhance and reorient existing capacity, and
to provide incentives for brokering and collaboration require that
the role of the joint commission for vocational-technical-
occupational education be reexamined.
(c) Legislative intent. The intent of the Legislature in
enacting this article is to address the research findings cited
above by reconstituting the joint commission for vocational-
technical-occupational education as the West Virginia council for
community and technical college education in order to reorient the
mission, role and responsibilities consistent with and supportive of the mission, role and responsibilities of the commission, the
goals for post-secondary education and accountability for assisting
the public community and technical colleges, branches, centers,
regional centers, and other delivery sites with a community and
technical college mission in achieving the state's public policy
agenda.
(d) Purpose. The purpose of this article is to provide for
the development of a leadership and support mechanism for the
community and technical colleges, branches, centers, regional
centers, and other delivery sites with a community and technical
college mission to assist them in meeting the essential conditions
and in the step-by-step implementation process for achieving the
goals for community and technical college education as provided for
in article three-c of this chapter, and to promote coordination and
collaboration among secondary and post-secondary vocational-
technical-occupational and adult basic education programs as
provided for in this chapter and chapter eighteen of this code.
The focus of this leadership and support mechanism is to
encourage development of a statewide mission to raise education
attainment, increase adult literacy, promote work force and
economic development, and ensure access to secondary and
postsecondary education for the citizens of the state while
maintaining the local autonomy and flexibility necessary to the
success of community and technical education.
§18B-2B-2. Definitions.
The following words when used in this article have the meaning
hereinafter ascribed to them unless the context clearly indicates
a different meaning:
(a) "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.
(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 a governing board or other
public or private education provider.
(c) "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.
(d) "Vice chancellor" means the
vice chancellor for community
and technical college education and work force development
pursuant
to section five, article one-b of this chapter.
(e) "West Virginia Council for Community and Technical College
Education" or "council" means the council established pursuant to
section three of this article.
§18B-2B-3. Joint commission for vocational-technical-occupational education reconstituted as West Virginia Council for community
and technical college education; jurisdiction of higher
education policy commission; supervision of chancellor; chief
executive officer.
(a) Effective the first day of July, two thousand one, the
West Virginia joint commission for
vocational-technical-occupational education is reconstituted as the
West Virginia council for community and technical college
education.
Any reference in this code to the
joint commission for
vocational-technical-occupational education
means the West Virginia
council for community and technical college education.
The council
has all the powers and duties assigned by law to the joint
commission for vocational-technical-occupational education prior to
the effective date of this section and such other powers and duties
as may be assigned by law or by the commission.
(b) The council is subject to the jurisdiction of the
commission established in article one-b of this chapter. The vice
chancellor serves as chief executive officer of the council.
§18B-2B-4. Appointment, composition and terms of council.
(a) On the effective date of this section, the joint
commission for vocational-technical-occupational education is
reconstituted as the West Virginia council for community and
technical college education and all terms of members appointed by
the governor prior to the effective date of this section expire
upon the appointment by the governor of all the members required to be appointed by this section.
(b) The membership of the council is comprised as follows:
(1) Seven members appointed by the governor, with the advice
and consent of the Senate;
(2) The assistant superintendent for technical and adult
education of the state department of education who serves as an ex
officio, nonvoting member of the council;
(3) The governor may, but is not required to, reappoint any
person who was a member of the joint commission immediately prior
to the effective date of this section: Provided, that the
individual selected is otherwise eligible to serve.
(c) The seven members appointed by the governor shall be
citizens of the state, shall represent the public interest and
shall be persons who understand and are committed to achieving the
goals and objectives set forth in section one-a, article one of
this chapter, the essential conditions for community and technical
college education programs and services set forth in article three-
c of this chapter, and the goals for secondary and postsecondary
vocational-technical-occupational and adult basic education in the
state. The appointed members shall represent the interests of the
business, labor and employer communities and demonstrate knowledge
of the education needs of the various regions, attainment levels
and age groups within the state.
(d) The governor may not appoint any person to be a member of
the council who is an officer, employee or member of an advisory board of any state college or university, 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 governing board or an immediate family member of
any employee under the jurisdiction of the commission or any
governing board. No individual may serve on the council who is
engaged in providing, or employed by a person or company whose
primary function is to provide, work force development services and
activities. Of the members appointed by the governor, no more than
four thereof may belong to the same political party and no more
than three may be appointed from any congressional district.
(e) Members of the council shall serve for terms of four
years, except that of the original appointments, one member shall
be appointed for one year; two members shall be appointed for two
years; two members shall be appointed for three years; and two
members shall be appointed for four years. No member may serve
more than two consecutive full terms nor may any member be
appointed to a term which results in the member serving more than
eight consecutive years.
§18B-2B-5. Meetings and compensation.
(a) The vice chancellor shall call the initial meeting of the
council and preside until a chairperson is selected. The members
shall elect a chairperson from among the persons appointed by the
governor. The council shall hold at least eight meetings annually
and may meet more often at the call of the chairperson. One such meeting shall be a public forum for the discussion of the goals and
standards for work force development, economic development, and
vocational education in the state.
(b) The council shall hold an annual meeting each June for the
purpose of electing officers for the next fiscal year. At the
annual meeting, the council shall elect from its appointed members
a chairperson and other officers as it may consider necessary or
desirable: Provided, That the initial meeting for the purpose of
selecting the first chairperson and other officers shall be held
during July, two thousand one, or as soon thereafter as
practicable. The chairperson and other officers shall be elected
for a one-year term commencing on the first day of July following
the annual meeting: Provided, however, That the terms of officers
elected in July, two thousand one, begin upon election and end on
the thirtieth day of June, two thousand two. The chairperson of
the board may serve no more than two consecutive terms as chair.
(c) Members of the council shall serve without compensation,
but shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their official duties under
this article upon presentation of an itemized sworn statement of
their expenses, except that the ex officio member of the council
who is an employee of the state shall be reimbursed by the
employing agency.
(d) A majority of the members constitutes a quorum for
conducting the business of the council.
§18B-2B-6. Powers and duties of the council.
(a) The council has all the powers and duties assigned to the
joint commission prior to the effective date of this article as set
forth in the provisions of section two, article two-b, chapter
eighteen of this code and such other powers and duties as may be
assigned by law or by the commission. Authority granted under that
section to the joint commission as the sole agency responsible for
the administration of vocational-technical-occupational education
in the state is hereby transferred to the council.
(b) Under the supervision of the commission, the council has
the following powers and duties:
(1) To develop and recommend to the commission for inclusion
in the statewide public agenda, a plan for raising education
attainment, increasing adult literacy, promoting work force and
economic development and ensuring access to advanced education for
the citizens of West Virginia;
(2) To provide statewide leadership, coordination, support,
and technical assistance to the community and technical colleges
and to provide a focal point for visible and effective advocacy for
their work and for the public agenda adopted by the commission;
(3) To review and approve all institutional compacts for the
community and technical colleges prior to their submission to the
commission for final approval;
(4) To consider and submit to the commission a budget for
community and technical colleges that:
(A) Includes recommended appropriations;
(B) Considers the progress of each institution toward meeting
the essential conditions set forth in section three, article three-
c of this chapter, including independent accreditation; and
(C) Considers the progress of each institution toward meeting
the goals established in its institutional compact;
(5) To make recommendations to the commission for approval of
the administration and distribution of the independently-accredited
community and technical college development account;
(6) To design and recommend to the commission a plan of
strategic funding to strengthen capacity for support of community
and technical college education in all areas of the state;
(7) To foster coordination among all state-level, regional and
local entities providing postsecondary vocational education or work
force development and to coordinate all public institutions and
entities that have a community and technical college mission;
(8) To assume on behalf of the commission the principal
responsibility for overseeing the implementation of the step-by-
step process for achieving independent accreditation and for
meeting the essential conditions pursuant to article three-c of
this chapter;
(9) To participate in the selection of administrative heads of
the community and technical colleges as directed by the commission;
(10) To provide a single, statewide link for current and
prospective employers whose needs extend beyond one locality;
(11) To provide a mechanism that serves two or more
institutions to facilitate joint problem solving in areas
including, but not limited to:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across
the state;
(C) Providing one-stop service for work force training to be
delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and
collaborative ventures;
(12) To provide support and technical assistance to develop,
coordinate, and deliver effective and efficient community and
technical college education programs and services in the state;
(13) To assist the community and technical colleges in
establishing and promoting links with business, industry and labor
in the geographic areas for which each of the community and
technical colleges is responsible;
(14) To develop alliances among the community and technical
colleges for resource sharing, joint development of courses and
courseware, and sharing of expertise and staff development;
(15) To serve aggressively as an advocate for development of
a seamless curriculum, to cooperate with the governor's p-20
council of West Virginia to remove barriers relating to transfer
and articulation between and among community and technical
colleges, state colleges and universities, and public education, preschool through grade twelve, and to encourage the most efficient
utilization of available resources. The council for community and
technical college education is responsible for advising the
commission on these issues and making appropriate recommendations;
(16) To
assist the commission in informing public school
students, their parents and teachers of the academic preparation
that students need in order to be prepared adequately to succeed in
their selected fields of study and career plans;
(17) To assist the commission in developing a statewide system
of community and technical college programs and services in every
region of West Virginia for competency-based certification of
knowledge and skills, including a statewide competency-based
associate degree program;
(18) To review and approve all institutional master plans for
the community and technical colleges prior to their submission to
the commission for final approval;
(19) To recommend to the commission policies or rules for
promulgation that are necessary or expedient for the effective and
efficient performance of community and technical colleges in the
state;
(20) To recommend to the commission a set of benchmarks and
performance indicators to apply to community and technical colleges
to measure institutional progress toward meeting the goals as
outlined in section one-a, article one of this chapter and in
meeting the essential conditions established in article three-c of this chapter;
(21) To assist the commission staff in developing a separate
section on community and technical colleges for inclusion in the
higher education report card as defined in section eight, article
one-b of this chapter. This section shall include, but is not
limited to, evaluation of the institutions based upon the
benchmarks and indicators developed in subdivision (20) of this
subsection;
(22) If approved by the commission, to facilitate creation of
the advantage valley community college network recommended by the
Implementation Board Report as well as any other regional networks
of affiliated community and technical colleges as the commission
finds to be appropriate and in the best interests of the citizens
to be served;
(23) To advise and assist the state board of education and the
commission on state plans for secondary and post-secondary
vocational-technical-occupational and adult basic education,
including, but not limited to:
(A) Policies to strengthen vocational-technical-occupational
and adult basic education;
(B) Programs and methods to assist in the improvement,
modernization and expanded delivery of vocational-
technical-occupational and adult basic education programs;
(24) To distribute federal vocational education funding
provided under the Carl D. Perkins Vocational and Technical Education Act of 1998, PL 105-332, 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;
(25) To collaborate, cooperate and interact with all secondary
and post-secondary vocational-technical-occupational and adult
basic education programs in the state, including the programs
assisted under the federal Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, and the Work Force Investment
Act of 1998, to promote the development of seamless curriculum and
the elimination of duplicative programs;
(26) To coordinate 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;
(27) To analyze and report to the commission and the West
Virginia board of education 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.
(28) To promote the delivery of vocational-technical-
occupational, adult basic education and community and technical
college education programs in the state which emphasize the
involvement of business, industry and labor organizations;
(29) To promote public participation in the provision of vocational-technical-occupational, adult basic education and
community and technical education at the local level, with an
emphasis on programs which involve the participation of local
employers and labor organizations;
(30) To promote equal access to quality vocational-technical-
occupational, adult basic education and community and technical
college 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, and criminal offenders serving in correctional
institutions;
(31) To meet annually between the months of October and
December with the advisory committee of community and technical
college presidents and provosts created pursuant to section eight,
of this article to discuss those matters relating to community and
technical college education in which advisory committee members or
the council may have an interest; and
(32) To accept and expend any gift, grant, contribution,
bequest, endowment or other money for the purposes of this article.
(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 or by the commission, the
council has such other powers and duties as may be necessary or
expedient to accomplish the purposes of this article.
§18B-2B-7. Powers and duties of the chief executive officer.
The vice chancellor
is the chief executive officer of the
council and as such may exercise the powers and duties assigned
pursuant to subsection three, section five, article one-b of this
chapter. The vice chancellor has all powers and duties assigned by
law or by the commission and, in addition, has the following powers
and duties:
(1) To serve as the principal accountability point for the
commission for implementation of the public policy agenda as it
relates to community and technical colleges;
(2) To serve on behalf of the commission as the liaison to the
council and to the community and technical colleges;
(3) To assume on behalf of the commission the principal
responsibility for directing and assisting the work of the council;
and
(4) With the approval of the commission and the chancellor,
to employ and direct staff as necessary and appropriate to carry
out the duties and responsibilities of this article. On the first
day of July, two thousand one,
all personnel employed on the
thirtieth day of June, two thousand one, within the joint
commission for vocational-technical-occupational education are
hereby transferred to the jurisdiction of the commission and are
under the direct supervision of the vice chancellor and the
chancellor: Provided, That prior to the first day of October, two
thousand one, no employee shall be terminated or have his or her salary or benefit levels reduced as the sole result of the
governance reorganization set forth in this article.
§18B-2B-8.
State advisory committee of community and technical
college presidents and provosts.
(a) Effective the first day of July, two thousand one, there
is hereby created the state advisory committee of community and
technical college presidents and provosts. For the purposes of
this section, the state advisory committee of community and
technical college presidents and provosts shall be referred to as
the "advisory committee".
(b) Each president or other administrative head of a public
community and technical college, as defined in section four,
article three-c of this chapter shall be a member of the advisory
committee. An administrative head of a component, branch, center,
regional center or other delivery site with a community and
technical college mission may be a member if considered
appropriate.
(c) The vice chancellor serves as chair of the advisory
committee and shall convene the initial meeting during the month of
July, two thousand one. Thereafter, the advisory committee shall
meet at least once each quarter.
(d) The advisory committee shall communicate to the council,
through the vice chancellor, on matters of importance to the group
and shall meet annually between the months of October and December
with the council to discuss those matters relating to community and technical college education in which advisory committee members or
the council may have an interest.
(e) The vice chancellor shall prepare meeting minutes which
shall be made available, upon request, to the public.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
§18B-2C-1. Legislative findings; intent.
(a) Legislative findings. --
(1) The Legislature hereby finds that for more than a decade
legislation has been enacted having as a principal goal creation of
a strong, effective system of community and technical education
capable of meeting the needs of the citizens of the state. In
furtherance of that goal, the Legislature has passed the following
major pieces of legislation:
(A) Senate Bill 420, passed during the regular session of one
thousand nine hundred eighty-nine, reorganized the governance
structure of public higher education and created the joint
commission for vocational-technical-occupational education to
bridge the gap between secondary and postsecondary vocational,
technical, and occupational education;
(B) Senate Bill 377, passed during the regular session of one
thousand nine hundred ninety-three, adopted goals and objectives
for public postsecondary education, addressed the needs of
nontraditional students, directed the institutions to include an
assessment of work force development needs in their master plans
and established the resource allocation model and policies to aid governing boards and institutions in meeting the established goals
and objectives;
(C) Senate Bill 547, passed during the regular session of one
thousand nine hundred ninety-five, established goals and funding
for faculty and staff salaries, required the governing boards to
establish community and technical education with the
administrative, programmatic and budgetary control necessary to
respond to local needs and provided that community and technical
college budgets be appropriated to a separate control account;
(D) Senate Bill 653, passed during the regular session of two
thousand, established the commission to develop a public policy
agenda for higher education in conjunction with state leaders, set
forth the essential conditions that must be met by each community
and technical college in the state, and mandated that most
component community and technical colleges move to independent
accreditation.
(2) The Market Street Report, the McClenney Report, and the
Implementation Board Report, cited in article two-b of this
chapter, each reflects recent research and indicates that, while
these legislative actions cited above have helped the state to make
progress in certain areas of higher education, they have not
offered a complete solution to the problems of community and
technical colleges.
(b) Intent. -- It is the intent of the Legislature:
(1) That this article and article two-b of this chapter be seen as additional steps in the process of developing strong
institutions capable of delivering community and technical
education to meet the needs of the state and that they be viewed as
building blocks added to the foundation laid by earlier
legislation.
(2) To create a mechanism whereby the commission, if
necessary, can assure through its own direct action that the goals
established pursuant to section one-a, article one of this chapter
are met.
(3) To authorize the commission to create the West Virginia
community and technical college to serve the interests of the
people of West Virginia by advancing the public policy agenda
developed pursuant to article one-b of this chapter. Specifically,
the focus of the college and its governing board is:
(A) To encourage development of a statewide mission that:
(i) Raises education attainment;
(ii) Increases adult literacy;
(iii) Promotes work force and economic development; and
(iv) Ensures access to postsecondary education for the
citizens of the state;
(B) To provide oversight or governance of the community and
technical colleges, branches, centers, regional centers, and other
delivery sites with a community and technical college mission;
(C) To provide leadership, support and coordination; and
(D) To protect and expand the local autonomy and flexibility necessary for community and technical colleges to succeed.
§18B-2C-2.Definitions.
The following words when used in this article and article
two-b of this chapter have the meaning hereinafter ascribed to them
unless the context clearly indicates a different meaning:
(a) "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.
(b) "Governing board" means the West Virginia council for
community and technical college education when acting as the
governing board for the West Virginia community and technical
college created pursuant to the provisions of this article.
(c) "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 a governing board or other
public or private education provider.
(d) "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.
(e) "Vice chancellor" means the
vice chancellor for community and technical college education and work force development
pursuant
to section five, article one-b of this chapter.
(f) "West Virginia council for community and technical college
education" or "council" means the council established pursuant to
section three, article two-b of this chapter.
(g) "West Virginia community and technical college" or
"college" means the statewide, accredited entity created pursuant
to the provisions of this article.
§18-2C-3. Authority and duty of commission to determine progress
of community and technical colleges; conditions; authority to
create West Virginia Community and technical college.
(a) Beginning on the first day of July, two thousand one, and
at least annually thereafter, the commission shall review and
analyze all the public community and technical colleges, branches,
centers, regional centers, and other delivery sites with a
community and technical college mission to determine their progress
toward meeting the goals and objectives set forth in section one-a,
article one of this chapter and toward advancing the purposes,
goals and objectives set forth in article three-c of this chapter.
(b) The analysis required in subsection (a) of this section
shall be based, in whole or in part, upon the findings made
pursuant to the rule establishing benchmarks and indicators
required to be promulgated by the commission in section two,
article one-a of this chapter.
(c) Based upon their analysis in subsections (a) and (b) of this section, the commission shall make a determination whether any
one or more of the following conditions exist:
(1) One or more of the component community and technical
colleges required to do so has not achieved, or is not making
sufficient, satisfactory progress toward achieving the essential
conditions, including independent accreditation;
(2) One or more of the public community and technical
colleges, branches, centers, regional centers, and other delivery
sites with a community and technical college mission requires
financial assistance or other support to meet the goals and
essential conditions set forth in this chapter;
(3) It is in the best interests of the people of the state or
a region within the state to have a single, accredited institution
which can provide an umbrella of statewide accreditation;
(4) It is in the best interests of the people of the state or
a region of the state to have one accredited institution able to
extend accreditation to institutions and entities required to seek
independent accreditation;
(5) One or more of the public community and technical
colleges, branches, centers, regional centers, or other delivery
sites with a community and technical college mission request from
the commission the type of assistance which can best be delivered
through implementation of the provisions of section four of this
article. Institutional requests that may be considered by the
commission include, but are not limited to, assistance in seeking and/or attaining independent accreditation, in meeting the goals
for post secondary education established in section one-a, article
one of this chapter, in meeting the essential conditions set forth
in section three, article three-c of this chapter, or in
establishing and implementing regional networks.
(6) One or more public community and technical colleges,
branches, centers, regional centers, or other delivery sites with
a community and technical college mission, has not met, or is not
making sufficient, satisfactory progress toward meeting, the goals
set forth in section one-a, article one of this chapter; and
(7) The council makes a recommendation to the commission that
it is in the best interests of the people of the state or a region
of the state to create a statewide, independently accredited
community and technical college.
(d) The commission may not make a determination subject to the
provisions of subsection (c) of this section that a condition does
not exist based upon a finding that the higher education entity
lacks sufficient funds to make sufficient, satisfactory progress.
(e) The commission shall prepare a written report on the
findings and determinations required by this section for the
legislative oversight commission on education accountability by the
first day of December, two thousand-one and each year thereafter,
together with a detailed history of any actions taken by the
commission under the authority of this article.
§18B-2C-4.Authority of commission in creating West Virginia community and technical college.
(a) Subject to the provisions of subsection (c), section three
of this article, if the commission makes a determination that one
or more of the conditions exist, then the commission is authorized
to create the West Virginia community and technical college.
(b) As soon as practicable after the commission determines
that the college should be created, the commission shall notify the
governor, the president of the Senate, the speaker of the House and
the legislative oversight commission on education accountability of
the proposed actions.
(c) The commission shall certify to the legislative oversight
commission on education accountability, on or before the first day
of December of the year in which the college is created, proposed
legislation to accomplish the purposes of this article for those
matters requiring statutory change.
§18B-2C-5. Transfer of powers, duties, property, obligations,
etc., of prior governing boards to the governing board of West
Virginia community and technical college.
6.
If the commission determines that any of the conditions provided
for in section three of this article have been met, then as to
those entities to whom the conditions apply, the commission may:
(1) Designate the governing boards that shall become
institutional boards of advisors and transfer governing authority
of that board to the governing board of the college;
(2) Transfer as appropriate, consistent with state law, all
powers, duties, property, obligations, contracts, rules, orders,
resolutions or any other matters which should be transferred or
vested in the governing board;
(3) Assign powers and duties to the governing board and the
college as may be necessary or expedient to accomplish the purposes
of this article;
(4) Create the office of president of the college; and
(5) Take such other action as necessary or expedient to
accomplish the purposes of this chapter.
§18B-2C-6.Powers and duties of governing board for the West
Virginia community and technical college.
(a) The council created pursuant to article two-b of this
chapter is the governing board for the West Virginia community and
technical college.
(b) The powers and duties of the governing board are as
follows:
(1) To assist the public community and technical colleges,
branches, centers, regional centers, and other delivery sites with
a community and technical college mission in any way practicable to
meet the goals and objectives set forth in section one-a, article
one of this chapter;
(2) To assist in meeting any other goals or objectives adopted
by the commission as part of its public policy agenda;
(3) To accept and expend any gift, grant, contribution, bequest, endowment or other money for the purposes of this article;
(4) To exercise all the powers and duties ascribed to
governing boards in section four, article two-a of this chapter;
and
(5) To meet annually between the months of October and
December with the advisory committee of community and technical
college presidents and provosts created pursuant to section eight,
article two-b of this chapter to discuss those matters relating to
community and technical college education in which advisory
committee members or the council may have an interest.
(c) The governing board has the following powers and duties as
to all institutions:
(1) To coordinate public community and technical colleges,
branches, centers, regional centers, and other delivery sites with
a community and technical college mission including, but not
limited to, those that are free-standing or administratively-linked
to a sponsoring institution.
(2) To negotiate arrangements with individual entities who
may elect to become units of the college for academic and
accreditation purposes while retaining certain administrative links
to a sponsoring institution;
(3) To develop the college as a statewide, accredited
institution through which multiple, affiliated entities and sites
may achieve accreditation;
(4) To provide directly to community and technical colleges, branches, centers, regional centers, and other delivery sites with
a community and technical college mission certain support services
including, but not limited to, student information systems,
registration, financial and accounting systems, and employee
recordkeeping; and
(5) To exercise all the powers and duties assigned to the
council pursuant to the provisions of article two-b of this chapter
or by the commission.
(d) Subject to the supervision of the commission, the
governing board has the following powers and duties as to any
entity meeting the conditions of transfer pursuant to section four
of this article:
(1) To govern and have direct academic and administrative
responsibility for any public community and technical college,
branch, center, regional center, or other delivery site with a
community and technical college mission.
(2) To require the entities to seek independent accreditation
through the college.
(3) To allocate state budgetary resources to the entity; and
(4) With the advice and consent of the commission, to appoint
the administrative heads of institutions governed by the governing
board.
§18B-2C-7.Powers and duties of Vice Chancellor as president of
the West Virginia community and technical college.
The vice chancellor
serves as the acting president of the college until such time as a president is selected as prescribed by
law. As acting president, the vice chancellor has all the powers
and duties assigned by law, by the commission or by the governing
board. In addition, the vice chancellor shall continue to exercise
all other powers and duties assigned by law or by the commission.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§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 work force 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 work force development needs of the district through
individual and cooperative programs, shared facilities, faculty,
staff, equipment and other resources and the development and use of
distance learning and other education technologies;
(4) Regularly reviewing and revising curricula to ensure that
the work force 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;
(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 coursework in which they already possess competency;
(9) Cooperating with work force 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 work force investment act 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) The district consortium committee shall cooperate with the
regional work force investment board in the responsibility area of
its institution and shall participate in any development or
amendment to the regional work force investment plan.
§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 move 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 and Potomac state college of West
Virginia university: Provided, That Potomac state college of West
Virginia university shall serve as a comprehensive two-year
institution for the delivery of transfer education, may offer
career programs in the area of agriculture, nontraditional outreach
and work force development programs and may have other statewide
education delivery responsibilities as defined by the commission.
(b) To be eligible for funds appropriated to develop
independently accredited community and technical colleges, a state
institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact approved by the council and 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 (1), (2) and (4), subsection (c) of this section;
(2) That it is able to offer evidence annually to the
satisfaction of the council and the commission that it is making
progress toward accomplishing the benchmarks established in its
institutional compact for developing an independently accredited
community and technical college; and
(3) That it has submitted an expenditure schedule approved by
the council and the commission which sets forth a proposed plan of
expenditures for funds allocated to it from the fund.
(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) Marshall university community and technical college, West
Virginia state community and technical college and West Virginia
university institute of technology. -- The status of these
institutions shall be determined pursuant to the provisions of
article three-f of this chapter.
(2) (1) 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 and the institutional board
of governors of Bluefield state college are accountable to the
commission for ensuring that the full range of community and
technical college services is 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.
(3) (2) Center for higher education and work force 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 administratively linked to Bluefield state
college, known as the center for higher education and work force
development, which adheres to the essential conditions pursuant to section three of this article. As an independently accredited
community and technical college, the center also shall 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
consortium 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
work force 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 work
force development at Beckley also 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) (3) 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 is 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) (4) Fairmont state community and technical college. --
Fairmont state community and technical college should shall 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. Subject to the
provisions of this section eight of this article, the president and
the governing board of Fairmont state college 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. Subject to the
provisions of section eight twelve of this article, the community
and technical college will remain administratively linked to
Fairmont state college. 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.
(5) Marshall university community and technical college. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall university, West Virginia state college and West Virginia
university institute of technology. Pursuant to the recommendation
of the implementation board and of the commission, Marshall
university community and technical college shall become an
independently accredited community and technical college. It
should serve Cabell, Mason, Putnam and Wayne counties. The new
community and technical college is developed on the base of the
existing component community and technical college of Marshall
University. Subject to the provisions of this section, the
president and the governing board of Marshall University 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. Subject to
the provisions of section twelve of this article, the community and
technical college will remain administratively linked to Marshall
University. Nothing herein shall be construed to require Marshall
University 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 shall 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. Subject to the provisions of this section eight of this
article, the president and the governing board of Shepherd college
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. Subject to
the provisions of section eight twelve of this article, the
community and technical college will remain administratively linked
to Shepherd college. Nothing herein shall be construed to require
Shepherd 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) West Virginia state community and technical college. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia
university institute of technology. Pursuant to the recommendation of the implementation board and of the commission, West Virginia
state community and technical college shall become an independently
accredited community and technical college. It should serve
Kanawha, Putnam and Clay counties. The new community and technical
college is developed on the base of the existing component
community and technical college of West Virginia State College.
Subject to the provisions of this section, the president and the
governing board of West Virginia state college 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. Subject to the
provisions of section twelve of this article, the community and
technical college will remain administratively linked to West
Virginia state college. Nothing herein shall be construed to
require West Virginia 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.
(8) West Virginia university institute of technology. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia
university institute of technology. Pursuant to the recommendation
of the implementation board and of the commission, West Virginia
university institute of technology community and technical college
shall become an independently accredited community and technical
college. It should serve Fayette, Clay, Kanawha, Raleigh and
Nicholas counties. The new community and technical college is
developed on the base of the existing component community and
technical college of West Virginia university institute of
technology. Subject to the provisions of this section, the
president and the governing board of West Virginia university
institute of technology 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. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to West Virginia university institute of
technology. Nothing herein shall be construed to require 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 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-4.Purchase or acquisition of materials, supplies, equipment
and printing.
(a) The commission and each governing board, through the vice
chancellor for administration, shall purchase or acquire all
materials, supplies, equipment and printing required for that
governing board or the commission, as appropriate, and the state
institutions of higher education under their jurisdiction. The
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 boards:
(1) Do not preclude any person from participating and making
sales thereof to the governing board or to the higher education
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 or the 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 twenty-five 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) shall provide that competitive bids are not required for
purchases of one five thousand dollars or less.
(b) The commission or each governing board, through the vice
chancellor for administration, may issue a check in advance to a company supplying postage meters for postage used by that board,
the commission and by the state institutions of higher education
under their 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, the 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 and the 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 and the 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 commission also shall 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.
(f) 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 interim governing board and the 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 or commission.
(f) (g) 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) (h) The governing boards and the 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 governing board or the 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 or commission once
every thirty days or more often if required by the state auditor.
(h) (i) Contracts entered into pursuant to this section shall
be signed by the applicable governing board or the 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 one hundred 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 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: And
provided further, That upon request, the governing boards or the
commission shall make all contracts available for inspection by
the state auditor. The governing board or the commission, as
appropriate, 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.
(j) If the governing board or the 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) (k) Any governing board or the commission, as appropriate,
may request the director of purchases to make available, from time
to time, the facilities and services of that department to the
governing boards or the commission in the purchase and acquisition
of materials, supplies, equipment and printing and the director of
purchases shall cooperate with that governing board or the
commission, as appropriate, in all such purchases and acquisitions
upon such request.
(j) (l) Each governing board or the commission, as
appropriate, 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 or the
commission. Any private school desiring to join as purchasers on
such purchase contracts shall file with that governing board or the
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
or the commission, as appropriate, and agreeing that it will be
bound by such terms and conditions as that governing board or the
commission may prescribe and that it will be responsible for
payment directly to the vendor under each purchase contract.
(k) (m) Notwithstanding any other provision of this code to
the contrary, the governing boards and the commission, as
appropriate, 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) (n) 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 and the commission, as appropriate,
shall be responsible for paying the cost of the audit from funds appropriated to the governing boards or the commission.
(m) (o) The governing boards shall require each institution
under their respective jurisdictions 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) (p) Consultant services, such as strategic planning
services, may not preclude or inhibit the governing boards or the
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 COUNCILS OF FACULTY.
§18B-6-1.Institutional boards of advisors for regional campuses
and administratively linked community and technical
colleges.
(a) Effective the first day of July, two thousand, there is
established at each regional campus and administratively-linked
community and technical college, excluding centers and branches
thereof, an institutional board of advisors: Provided, That the
institutional board of advisors shall not be appointed for
administratively linked community and technical colleges until
provided for in their compact.
(1) For the transition year beginning on the first day of
July, two thousand, through the thirtieth day of June, two thousand
one, only, the lay members of the institutional board of advisors established for each of the regional campuses of West Virginia
university are appointed by the president of the respective
institution. Effective the first day of July, two thousand one, the
lay members of the institutional boards of advisors for the
regional campuses are appointed by the institutional board of
governors.
(2) The lay members of the institutional board of advisors
established for the administratively linked community and technical
colleges are appointed by the joint commission West Virginia
council for community and technical college education.
(b) The board of advisors consists of fifteen members,
including 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 from the
institutional classified staff employees duly elected by the
classified staff employees; and twelve lay persons appointed
pursuant to subsection (a) of this section who have demonstrated a
sincere interest in and concern for the welfare of that institution
and who are representative of the population of its responsibility
district and fields of study. At least eight of the twelve 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.
(c) The student member shall serve for a term of one year
beginning upon appointment in July, two thousand, and ending on the
thirtieth day of April, two thousand one. Thereafter the term shall
begin on the first day of May. The member from the faculty member
and the classified staff employees member shall serve for a term of
two years beginning upon appointment in July, two thousand, and
ending on the thirtieth day of April, two thousand two. Thereafter
the term shall begin on the first day of May; and the twelve lay
members shall serve terms of four years each beginning upon
appointment in July, two thousand. Thereafter the term shall begin
on the first day of May. All members are eligible to succeed
themselves for no more than one additional term. A vacancy in an
unexpired term of a member shall be filled for the remainder of the
unexpired term within thirty 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.
(d) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in May of each year. Additional
meetings may be held upon the call of the chairperson, president of
the institution or upon the written request of at least five
members. A majority of the members constitutes a quorum for
conducting the business of the board of advisors.
(e) One of the twelve lay members shall be elected as chairperson by the board of advisors in May of each year: Provided,
That the chairperson elected in two thousand shall be elected in
July. No member may serve as chairperson for more than two
consecutive years.
(f) 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 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 boards of advisors and the
institutions under this section shall be paid from funds allocated
to the institutions for that purpose.
(g) The board of advisors shall review, prior to the
submission by the president to its governing board, 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 its governing board or
otherwise assigned to it by law. The 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 governing board and the governing
board shall include the comments and recommendations in its
consideration of and action on the proposal. The governing board shall promptly acknowledge receipt of the comments and
recommendations and shall notify the board of advisors in writing
of any action taken thereon.
(h) The 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.
(i) 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 service area, 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.
(j) Upon the occurrence of a vacancy in the office of
president of the institution, the board of advisors shall serve as
a search and screening committee for candidates to fill the vacancy
under guidelines established by the commission pursuant to the
provisions of section six, article one-b of this chapter. When
serving as a search and screening committee, the board of advisors and its governing board 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 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
president of the sponsoring institution for consideration and
appointment. If the president rejects all candidates submitted, the
committee shall submit the names of at least three additional
candidates and this process shall be repeated until the president
appoints one of the candidates submitted. The governing board shall
provide all necessary staff assistance to the board of advisors in
its role as a search and screening committee.
(k) The boards of advisors shall develop a master plan for
each administratively linked community and technical college. The
ultimate responsibility for developing and updating the master
plans at the institutional level resides with the institutional
board of advisors, but the ultimate responsibility for approving
the final version of the institutional master plans, including
periodic updates, resides with the commission. The 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 of the institutional compact;
(2) A well-developed set 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;
(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 shall be revised periodically as
necessary, including recommendations on the addition or deletion of
degree programs as, in the discretion of the board of advisors, may
be necessary.
§18B-6-2a. State advisory council of faculty.
(a) Effective the first day of July, two thousand, 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 institutional board of
governors or the institutional board of advisors, as applicable
council. Terms of the members of the council shall be for two
years and shall begin on the first day of July of each odd-numbered
year. Members of the council shall be eligible to succeed
themselves. Each person so elected shall be a member of the
statewide advisory council of faculty.
(c) The council 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 chairperson: Provided, That the
chairperson 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 chairperson by lot from the names
of those persons tied. Immediately following the election of a
chairperson, the council shall elect, in the manner prescribed by
this section for the election of a chairperson, a member of the
council to preside over meetings of the council in the chairperson's absence. Should the chairperson vacate the position,
the council shall meet and elect a new chairperson to fill the
unexpired term within thirty days following the vacancy.
(d) The council, through its chairperson and in any
appropriate manner, shall communicate to the commission, through
the chancellor, matters of higher education in which the faculty
members may have an interest.
(e) The commission shall meet annually between the months of
October and December with the council to discuss matters of higher
education in which the faculty members or the commission may have
an interest.
(f) Members of the 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) The 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-6-4a. State advisory councils of classified employees.
(a) Effective the first day of July, two thousand, 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
institutional board of governors or the institutional board of
advisors state advisory council. Terms of the members of each the
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. Each person so elected shall be a
member of the statewide advisory council of classified employees.
For the purposes of this section the term "institution of higher
education" includes the facilities and staff supervised by the
vice-chancellor for administration employed by the commission and
the West Virginia network for educational telecomputing.
(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 chairperson: 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
chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the council
shall elect, in the manner prescribed by this section for the
election of a chairperson, a member of the council to preside over
meetings of the council in the chairperson's absence. Should the
chairperson vacate the position, the council shall meet and elect
a new chairperson to fill the unexpired term within thirty days
following the vacancy.
(d) The council, through its chairperson and in any
appropriate manner, shall communicate to the commission, through
the chancellor, matters of higher education in which the classified
employees may have an interest.
(e) The commission shall meet annually, between the months of
October and December, with the council to discuss matters of higher
education in which the classified employees or the commission may
have an interest.
(f) Members of the 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) The 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-7-4.Notice to probationary faculty members of retention or
nonretention; hearing.
(a) The president or other administrative head of each state
institution of higher education shall give written notice to
probationary faculty members concerning their retention or
nonretention for the ensuing academic year (1) not later than the
first day of March for those probationary faculty members who are
in their first academic year of service; (2) not later than the
fifteenth day of December for those probationary faculty members
who are in their second academic year of service; and (3) at least
one year before the expiration of an appointment for those
probationary faculty members who have been employed two or more
years with the institution. Such notice to those probationary
faculty members not being retained shall be by certified mail,
return receipt requested.
(b) Upon request of the probationary faculty member not
retained, the president or other administrative head of the
institution shall within ten days, and by certified mail, inform
the probationary faculty member of the reasons for nonretention.
Any probationary faculty member who desires to appeal the decision may request a hearing from the appropriate governing board within
ten days after receiving the statement of reasons. The appropriate
governing board shall publish appropriate rules to govern the
conduct of the appeal herein allowed. Such board shall, by its
rules, prescribe either an unbiased committee of that board or
appoint a hearing examiner to hear such appeals. Such hearing shall
be held at the employing institution and within thirty days of the
request. The rules of evidence shall not strictly apply. The
faculty member shall be accorded substantive and procedural due
process, including the right to produce evidence and witnesses and
to cross-examine witnesses, and to be represented by counsel or
other representative of that faculty member's choice. If the
committee of the board or the hearing examiner shall utilize the
grievance procedure established in article six-a, chapter twenty-
nine of this code. If it is concluded that the reasons for
nonretention are arbitrary or capricious or without a factual
basis, the faculty member shall be retained for the ensuing
academic year. The decision shall be rendered within thirty days
after conclusion of the hearing.
(c) The term "probationary faculty member" shall be defined
according to rules promulgated by the governing boards. The rights
herein provided to probationary faculty members are in addition
to, and not in lieu of, other rights afforded them by other rules
and other provisions of law.
§18B-7-5a. Higher education tuition and fee assistance fund created; purpose; rules; report.
(a) The purpose of this section is to provide a recruiting and
retention tool for the governing boards to attract and retain
highly qualified faculty and staff at the public institutions of
higher education by authorizing tuition and/or fee payment
assistance to students whose parent or parents are employed as
faculty or classified employees by a public institution of higher
education.
(b) There is hereby created in the state treasury a special
revolving fund to be known as the "Higher Education Tuition and Fee
Payment Assistance Fund" to be administered by the commission
solely for the purpose of providing grants to assist with the cost
of tuition and/or fees for those students whose parent or parents
are employed as faculty or classified employees by a public
institution of higher education.
(c) The commission shall promulgate rules in accordance with
the provisions of article three-a, chapter twenty-nine-a of this
code to implement the provisions of this section. The rule shall
include, but is not limited to, the following:
(1) An equitable method to distribute available funds among
the institutions;
(2) Uniform criteria for defining eligibility;
(3) A method to determine the amount of each grant;
(4) Authority for each institution to make campus funds
available for children of its own employees or to match funds allocated to the institution;
(5) Authority for any institution to accept and expend any
gift, grant, contribution, bequest, endowment or other money for
the purposes of this section;
(6) A statement that the assistance may or may not be
available for one or more years; and
(7) A statement that the assistance may be used to pay tuition
and fees; and
(8) A statement that students may use the grants only on the
campus where a parent is employed.
(d) Provision of tuition and fee assistance pursuant to the
terms of this section is subject to availability and appropriation
by the Legislature and nothing in this section may be construed to
require a particular level of funding.
(e) The commission shall report annually to the legislative
oversight commission on education accountability detailing the use
of both institutional and state funds to meet the objectives of
this section.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-1. Legislative purpose.
The purpose of the Legislature in the enactment of this article
is to require the governing boards commission to establish,
control, supervise and manage a complete, uniform system of
personnel classification in accordance with the provisions of this article for all employees other than faculty and nonclassified
employees at state institutions of higher education.
§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 or the
commission, including all employees of the West Virginia network
for educational telecomputing, and employees at the higher
education central office of the commission, who hold a position
that is assigned a particular job title and pay grade in accordance
with the personnel classification system established by this
section article or governing board policy by the 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
considered critical to the institution by the president pursuant to
policies adopted by the governing board: 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 of the total number of employees of that institution as defined in this
subsection may be placed in the category of "nonclassified" if they
are in a position considered critical to the institution by the
president. Final approval of such placement shall be with the
appropriate governing board;
(c) "Job description" means the specific listing of duties and
responsibilities as determined by the appropriate governing board
or the 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 or the 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 interim
governing boards or the commission;
(f) "Pay grade" means the number assigned by the appropriate
governing board 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
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 equals 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 interim
governing board or the 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-9-3. Higher education classified employee annual salary
schedule.
(a) There is hereby established a state annual salary schedule
for classified employees consisting of a minimum annual salary for
each pay grade in accordance with years of experience: Provided, That payment of the minimum salary shall be subject to the
availability of funds, and nothing in this article shall be
construed to guarantee payment to any classified employee of the
salary indicated on the schedule at the actual years of experience
absent specific legislative appropriation therefor. The minimum
salary herein indicated shall be prorated for classified employees
working less than thirty-seven and one-half hours per week.
Despite any differences in salaries that may occur, a classified
employee is equitably compensated in relation to other classified
employees in the same paygrade if the following conditions exist:
(1) His or her annual salary is at least the minimum salary
that was required for his or her pay grade and years of service on
the first day of July two thousand, on the salary schedule included
in this section immediately prior to the effective date of this
act; and
(2) Progress is being made by the institution in meeting the
salary goals set out in this article.
(b) The commission shall report to the legislative oversight
commission on education accountability on the first day of
December, two thousand one, and each year thereafter on the
progress of the governing boards toward funding the classified
employees' salary schedule established pursuant to section three,
article nine of this chapter. The report shall include, but not be
limited to, a detailed comparison of funding on individual campuses
and specifically shall compare the status of funding for exempt and nonexempt classified employees pursuant to subsection (c), section
four of this article.
(c) The commission shall conduct a study and report to the
legislative oversight commission on education accountability by the
first day of December, two thousand one, on the feasibility of
considering location differential costs as part of the compensation
package for classified employees.
HIGHER EDUCATION
CLASSIFIED EMPLOYEE ANNUAL SALARY SCHEDULE
YEARS OF EXPERIENCE
PAY 0 1 2 3 4 5 6 7 8
GRADE
1 10,092 10,788 11,028 11,268 11,508 11,760 12,012 12,276 12,540
2 10,392 11,340 11,592 11,844 12,108 12,372 12,648 12,924 13,212
3 10,716 11,928 12,192 12,468 12,756 13,044 13,332 13,632 13,944
4 11,040 12,564 12,852 13,140 13,440 13,752 14,076 14,400 14,724
5 11,376 13,236 13,548 13,872 14,196 14,520 14,868 15,216 15,576
6 11,736 13,968 14,304 14,652 15,000 15,360 15,720 16,104 16,488
7 12,396 14,760 15,120 15,492 15,864 16,248 16,644 17,052 17,460
8 13,116 15,612 15,996 16,392 16,800 17,220 17,640 18,084 18,528
9 13,884 16,524 16,944 17,376 17,808 18,264 18,720 19,188 19,680
10 14,712 17,520 17,964 18,432 18,900 19,392 19,884 20,388 20,916
11 15,612 18,588 19,080 19,572 20,076 20,604 21,144 21,696 22,260
12 16,596 19,752 20,268 20,808 21,360 21,924 22,500 23,100 23,712
13 17,640 21,000 21,564 22,140 22,740 23,352 23,976 24,624 25,284
14 18,780 22,356 22,968 23,592 24,240 24,900 25,572 26,280 27,000
15 20,004 23,820 24,480 25,164 25,860 26,580 27,312 28,068 28,848
16 21,348 25,416 26,124 26,868 27,624 28,392 29,196 30,012 30,864
17 22,800 27,144 27,912 28,716 29,532 30,372 31,248 32,136 33,048
18 24,372 29,016 29,856 30,720 31,608 32,520 33,468 34,440 35,436
19 26,088 31,056 31,968 32,904 33,864 34,860 35,892 36,948 38,028
20 27,948 33,264 34,260 35,280 36,336 37,416 38,532 39,672 40,860
21 29,964 35,676 36,756 37,872 39,012 40,188 41,400 42,648 43,944
22 32,172 38,304 39,480 40,692 41,928 43,212 44,544 45,900 47,304
23 34,584 41,172 42,456 43,764 45,120 46,524 47,964 49,452 50,988
24 37,212 44,304 45,696 47,124 48,612 50,136 51,708 53,328 55,008
25 40,080 47,712 49,236 50,796 52,416 54,084 55,800 57,576 59,412
HIGHER EDUCATION
CLASSIFIED EMPLOYEE ANNUAL SALARY SCHEDULE
YEARS OF EXPERIENCE
PAY 9 10 11 12 13 14 15
GRADE
1 12,804 13,080 13,368 13,656 13,956 14,256 14,568
2 13,500 13,800 14,112 14,424 14,736 15,072 15,396
3 14,256 14,580 14,904 15,240 15,588 15,936 16,296
4 15,060 15,408 15,768 16,128 16,500 16,884 17,268
5 15,936 16,308 16,692 17,088 17,484 17,892 18,312
6 16,872 17,280 17,688 18,120 18,552 18,996 19,440
7 17,892 18,324 18,768 19,224 19,692 20,172 20,664
8 18,984 19,452 19,932 20,436 20,940 21,456 21,984
9 20,172 20,676 21,204 21,732 22,284 22,848 23,412
10 21,456 21,996 22,560 23,148 23,736 24,348 24,972
11 22,836 23,436 24,036 24,672 25,308 25,968 26,652
12 24,336 24,984 25,644 26,328 27,024 27,732 28,464
13 25,968 26,664 27,384 28,116 28,872 29,652 30,444
14 27,732 28,488 29,268 30,072 30,888 31,728 32,604
15 29,652 30,468 31,320 32,184 33,072 33,996 34,932
16 31,728 32,628 33,540 34,488 35,460 36,456 37,488
17 33,996 34,968 35,964 36,996 38,052 39,132 40,260
18 36,468 37,524 38,604 39,720 40,872 42,060 43,284
19 39,144 40,296 41,484 42,696 43,956 45,252 46,572
20 42,072 43,332 44,616 45,948 47,316 48,732 50,172
21 45,264 46,632 48,048 49,500 50,988 52,524 54,120
22 48,756 50,244 51,780 53,364 55,008 56,688 58,416
23 52,560 54,192 55,872 57,612 59,388 61,236 63,132
24 56,736 58,512 60,348 62,244 64,200 66,216 68,304
25 61,296 63,240 65,256 67,332 69,468 71,676 73,956
HIGHER EDUCATION CLASSIFIED EMPLOYEE
ANNUAL SALARY SCHEDULE
YEARS OF EXPERIENCE
|
PAY
GRADE
|
0
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
1
|
12,809
|
13,094
|
13,385
|
13,677
|
13,968
|
14,274
|
14,580
|
14,900
|
15,221
|
|
2
|
13,465
|
13,764
|
14,070
|
14,376
|
14,696
|
15,017
|
15,352
|
15,687
|
16,036
|
|
3
|
14,164
|
14,478
|
14,798
|
15,133
|
15,483
|
15,832
|
16,182
|
16,546
|
16,925
|
|
4
|
14,908
|
15,250
|
15,599
|
15,949
|
16,313
|
16,692
|
17,085
|
17,478
|
17,872
|
|
5
|
15,696
|
16,066
|
16,444
|
16,837
|
17,231
|
17,624
|
18,046
|
18,469
|
18,906
|
|
6
|
16,556
|
16,954
|
17,362
|
17,784
|
18,207
|
18,644
|
19,081
|
19,547
|
20,013
|
|
7
|
17,489
|
17,915
|
18,352
|
18,804
|
19,255
|
19,721
|
20,202
|
20,697
|
21,192
|
|
8
|
18,495
|
18,949
|
19,416
|
19,896
|
20,391
|
20,901
|
21,411
|
21,950
|
22,489
|
|
9
|
19,559
|
20,056
|
20,566
|
21,091
|
21,615
|
22,168
|
22,722
|
23,290
|
23,887
|
|
10
|
19,916
|
20,421
|
20,938
|
21,484
|
22,029
|
22,602
|
23,176
|
23,763
|
24,379
|
|
11
|
21,107
|
21,665
|
22,239
|
22,812
|
23,400
|
24,015
|
24,645
|
25,288
|
25,945
|
|
12
|
22,436
|
23,022
|
23,624
|
24,253
|
24,896
|
25,554
|
26,225
|
26,924
|
27,638
|
|
13
|
23,837
|
24,477
|
25,134
|
25,805
|
26,505
|
27,218
|
27,945
|
28,701
|
29,470
|
|
14
|
25,363
|
26,057
|
26,771
|
27,498
|
28,253
|
29,022
|
29,806
|
30,631
|
31,470
|
|
15
|
27,015
|
27,764
|
28,533
|
29,330
|
30,141
|
30,981
|
31,834
|
32,715
|
33,624
|
|
16
|
28,821
|
29,624
|
30,449
|
31,316
|
32,197
|
33,092
|
34,030
|
34,981
|
35,974
|
|
17
|
30,767
|
31,638
|
32,533
|
33,470
|
34,421
|
35,400
|
36,421
|
37,456
|
38,519
|
|
18
|
32,868
|
33,820
|
34,799
|
35,806
|
36,841
|
37,904
|
39,009
|
40,142
|
41,303
|
|
19
|
37,613
|
38,718
|
39,855
|
41,022
|
42,219
|
43,460
|
44,747
|
46,064
|
47,410
|
|
20
|
40,265
|
41,471
|
42,712
|
43,984
|
45,301
|
46,647
|
48,038
|
49,460
|
50,941
|
|
21
|
43,171
|
44,478
|
45,824
|
47,216
|
48,637
|
50,103
|
51,614
|
53,170
|
54,786
|
|
22
|
46,332
|
47,754
|
49,220
|
50,731
|
52,272
|
53,873
|
55,534
|
57,224
|
58,975
|
|
23
|
49,777
|
51,330
|
52,931
|
54,561
|
56,252
|
58,002
|
59,797
|
61,653
|
63,568
|
|
24
|
53,552
|
55,234
|
56,970
|
58,750
|
60,605
|
62,505
|
64,465
|
66,485
|
68,579
|
|
25
|
57,462
|
59,483
|
61,383
|
63,328
|
65,348
|
67,427
|
69,567
|
71,781
|
74,070
|
|
PAY
GRADE
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
1
|
15,541
|
15,876
|
16,226
|
16,575
|
16,939
|
17,304
|
17682
|
|
2
|
16,386
|
16,750
|
17,129
|
17,507
|
17,886
|
18,294
|
18,687
|
|
3
|
17,304
|
17,697
|
18,090
|
18,498
|
18,920
|
19,343
|
19,780
|
|
4
|
18,279
|
18,702
|
19139
|
19,576
|
20,027
|
20,493
|
20,959
|
|
5
|
19,343
|
19,794
|
20,260
|
20,741
|
21,222
|
21,717
|
22,227
|
|
6
|
20,479
|
20,974
|
21,469
|
21,994
|
22,518
|
23,057
|
23,596
|
|
7
|
21,717
|
22,241
|
22,780
|
23,334
|
23,902
|
24,484
|
25,081
|
|
8
|
23,042
|
23,610
|
24,193
|
24,805
|
25,416
|
26,043
|
26,684
|
|
9
|
24,484
|
25,096
|
25,737
|
26,378
|
27,048
|
27,732
|
28,417
|
|
10
|
25,008
|
25,638
|
26,295
|
26,980
|
27,666
|
28,379
|
29,106
|
|
11
|
26,617
|
27,316
|
28,015
|
28,757
|
29,498
|
30,267
|
31,064
|
|
12
|
28,365
|
29,120
|
29,890
|
30,687
|
31,498
|
32,323
|
33,176
|
|
13
|
30,267
|
31,078
|
31,918
|
32,771
|
33,652
|
34,561
|
35,484
|
|
14
|
32,323
|
33,204
|
34,114
|
35,051
|
36,002
|
36,981
|
38,002
|
|
15
|
34,561
|
35,512
|
36,505
|
37,512
|
38,547
|
39,624
|
40,715
|
|
16
|
36,981
|
38,030
|
39,093
|
40,198
|
41,331
|
42,492
|
43,694
|
|
17
|
39,624
|
40,757
|
41,918
|
43,121
|
44,352
|
45,611
|
46,925
|
|
18
|
42,506
|
43,736
|
44,995
|
46,296
|
47,639
|
49,023
|
50,450
|
|
19
|
48,801
|
50,238
|
51,719
|
53,230
|
54,801
|
56,416
|
58,062
|
|
20
|
52,452
|
54,023
|
55,623
|
57,284
|
58,990
|
60,755
|
62,550
|
|
21
|
56,431
|
58,137
|
59,902
|
61,712
|
63,568
|
65,482
|
67,472
|
|
22
|
60,785
|
62,640
|
64,555
|
66,530
|
68,579
|
70,674
|
72,828
|
|
23
|
65,527
|
67,562
|
69,656
|
71,826
|
74,040
|
76,344
|
78,708
|
|
24
|
70,734
|
72,948
|
75,237
|
77,601
|
80,039
|
82,552
|
85,156
|
|
25
|
76,419
|
78,842
|
81,356
|
83,944
|
86,607
|
89,360
|
92,202
|
§18B-9-4.
Establishment of personnel classification system;
assignment to classification and to salary schedule.
(a) Before the first day of January, one thousand nine hundred
ninety-four, The governing boards commission shall establish by
rule and implement an equitable system of job classifications, with
the advice and assistance of staff councils and other groups
representing classified employees, each classification to consist
of related job titles and corresponding job descriptions for each
position within a classification, together with the designation of
an appropriate pay grade for each job title, which system shall be
the same for corresponding positions of the commission and in
institutions under both all governing boards: Provided, That before
implementing the classification system, each classified employee is
given an opportunity in a public hearing setting to address
decisions affecting his or her classification assignment and pay
scale. The system of job classifications shall be submitted to the
secretary of education and the arts for review and approval prior
to implementation.
By such date and with consideration to recommendations of the
institutions, the appropriate governing board shall furnish each
classified employee written confirmation of the assignment to the
appropriate classification, job title and pay grade and of the proper placement on a salary schedule. Such assignment may be
appealed in accordance with article twenty-nine, chapter eighteen
of this code and all agencies are directed to expedite and give
priority to grievances regarding the employee's initial assignment
under the terms of this section: Provided, That nothing herein
shall nullify or void any personnel classification system in effect
immediately prior to the first day of July, one thousand nine
hundred eighty-nine. The equitable system of job classification
and the rules establishing it which were in effect immediately
prior to the effective date of this section are hereby transferred
to the jurisdiction and authority of the commission and shall
remain in effect unless modified or rescinded by the commission.
(b) Beginning with the fiscal year commencing on the first
day of July, one thousand nine hundred ninety-four, Any classified
staff salary increases distributed within each state institutions
of higher education on the first day of July, two thousand one
shall be in accordance with a the uniform employee classification
system and a salary policy which is adopted by the respective
interim governing boards and approved by the commission in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code. Any classified salary increases
distributed within a state institution of higher education after
the first day of July, two thousand one, shall be in accordance
with the uniform classification system and a uniform and equitable
salary policy adopted by each individual board of governors. Each salary policy shall detail the salary goals of the institution and
the process whereby the institution will achieve or progress toward
achievement of placing each classified employee at his or her
minimum salary on the schedule established pursuant to section
three of this article.
(c) No classified employee defined as non-exempt from the
wage and hour provisions of the Fair Labor Standards Act of 1938,
as amended, may be paid an annual salary in excess of the salary
established by the salary schedule for his or her paygrade and
years of experience. Classified employees defined as exempt from
the wage and hour provisions of the Fair Labor Standards Act of
1938, as amended, may receive a salary in excess of the salary
established by the salary schedule for his or her paygrade and
years of experience but only if all such exempt employees at the
institution are receiving at least the minimum salary established
for them by the salary schedule: Provided, That no exempt
classified employee may receive a salary in excess of the highest
salary provided for his or her paygrade in the salary schedule.
(c) The Legislature finds that an emergency situation exists
and, therefore, the governing boards are hereby authorized to
establish by emergency rule, under the procedures of article
three-a, chapter twenty-nine-a of this code, a rule to implement
the provisions of this article, after approval by the legislative
oversight commission on education accountability, which shall
receive said proposed rule by the first day of November, one thousand nine hundred ninety-three. Upon approval of such emergency
rule by the legislative oversight commission on education
accountability, and the effective date of the implementation of
said rule, the salary schedule set out in section three of this
article shall be deemed null and void and without the force and
effect of law. Any other provisions of this article inconsistent
with said rule shall be deemed null and void and without the force
and effect of law. Any other provisions of this article
inconsistent with said rule shall be deemed null and void upon
lawful implementation of the rule: Provided, That nothing in this
subsection shall be interpreted to require that the Legislature
appropriate any additional funds for such implementation.
§18B-9-5. Classified employee salary.
(a) Each classified employee shall receive for the same
employment at the same pay grade, subject to an appropriation by
the Legislature, and in addition to the experience increment
increase provided for in subsection (b) of this section, a monthly
salary which is at least one hundred twenty-five dollars more than
the final base monthly salary paid the classified employee for the
fiscal year commencing on the first day of July, one thousand nine
hundred ninety-two, to be paid in equal installments within the
regular pay periods and to be prorated for classified employees
working less than thirty-seven and one-half hours per week.
(b) (a) Commencing with the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-eight, and each fiscal year thereafter, each classified employee with three or more
years of experience shall receive an annual salary increase equal
to fifty dollars times the employee's years of experience:
Provided, That the annual salary increase may not exceed the amount
granted for the maximum of twenty years of experience. These
incremental increases are in lieu of any salary increase received
pursuant to section two, article five, chapter five of this code;
are in addition to any across-the-board, cost-of-living or
percentage salary increases which may be granted in any fiscal year
by the Legislature; and shall be paid in like manner as the annual
payment to eligible state employees of the incremental salary
increases based on years of service under the provisions of section
two, article five, chapter five of this code.
(c) (b) Any classified employee may receive merit increases
and salary adjustments in accordance with policies established by
the board of governors: Provided, That funds for the increases and
adjustments shall be distributed in accordance with rules of the
appropriate governing board and shall be available to all state
institutions of higher education on an equitable basis merit raises
may be granted only pursuant to a rule adopted by the board of
governors, and approved by the chancellor, which provides a fair
and equitable basis for granting merit raises pursuant to regular
evaluations based upon reasonable performance standards.
(d) (c) The current annual salary of any classified employee
may not be reduced by the provisions of this article nor by any other action inconsistent with the provisions of this article, and
nothing in this article may be construed to prohibit promotion of
any classified employee to a job title carrying a higher pay grade
if the promotion is in accordance with the provisions of this
article and the personnel classification system established by the
appropriate governing board.
§18B-9-7. Conferences regarding personnel classification.
(a) The president of the institution or the designees charged
with responsibility to develop any personnel recommendations for
inclusion in the institution's annual report to its governing board
shall meet and confer during development of the recommendations
with any classified employee who (1) may be affected by proposed
recommendations to its governing board; or (2) has requested a
change in job title.
(b) In accordance with the provisions of article twenty-nine,
chapter eighteen of this code relating to employee grievance
procedures, a classified employee may appeal the initial
assignment, any change in the assigned classification or job title,
or any change in the system of classification, whether such change
is the result of action taken by the appropriate governing board
upon its own authority or upon the recommendations of the
institutions.
§18B-9-8. Hirings after effective date.
Any individual hired as a full-time classified employee after
the effective date of this section shall be assigned by the appropriate governing board, with consideration to any
recommendations of the institution, to a placement on the salary
schedule which is appropriate to such individual's classification,
job title, pay grade and years of experience: Provided, That
nothing in this section shall be construed to guarantee to a newly
hired classified employee payment of the salary prescribed in
section three of this article.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1.Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board 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 fees may be used to finance a students'
attorney to perform legal services for students in civil matters at
such institutions: Provided, That such legal services shall be
limited to only to 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.
(b) 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 commission shall set tuition and fee goals for residents
at each institution after examining tuition and fees at the
institutions' peers: governing boards shall use the median of the
average tuition and required fees at similarly classified
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 commission 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: And provided further, Provided, however, that,
effective the first day of July, two thousand one, tuition and fees
for nonresident, undergraduate students shall, at a minimum, cover
actual instructional costs as determined in accordance with
commission policy: Provided further, That students enrolled in
undergraduate courses offered at off-campus locations shall pay an off-campus instruction fee and shall not pay the athletic fee and
the student activity fee.
(c) 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) (d) In addition to the fees mentioned in the preceding
paragraph, each governing board 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 needed immediately 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) (e) The boards shall establish the rates to be charged
full-time students enrolled during a regular academic term.
(1) For fee purposes, a full-time undergraduate student is one
enrolled for twelve or more credit hours in a regular term, and a
full-time graduate student is one enrolled for nine or more credit
hours in a regular term.
(2) 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.
(3) 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) (f) 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 shall permit fee payments to be made
in up to three installments over the course of the academic term:
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 also shall 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 determines that the finances of any
student was were adversely, financially affected adversely 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 shall determine on a
case-by-case basis if the finances of a student was were adversely,
financially affected adversely. on a case-by-case basis.
(e) (g) On or before the first day of July, two thousand one,
the chancellor for higher education shall review policy series
twenty-two of the governing boards, related to assessment, payment
and refund of fees and determine whether a new rule should be
adopted regarding the refund of any fees upon the voluntary or
involuntary withdrawal from classes of any student. The rules shall
comply with all applicable state and federal laws and shall be
uniformly applied throughout the system.
(f) (h) 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.
(g) (i) Any proposed fee increase which would become
effective during the transition year beginning on the first day of
July, two thousand, and ending on the thirtieth day of June, two
thousand one, and which has been approved by the governing board,
shall then be submitted by the governing board to the secretary for
education and the arts for approval. Such approval shall be granted
only upon the certification that such 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
chancellor to the legislative oversight commission on education
accountability describing such fee increases and showing how such
increases compare with the average tuition and fees charged at
comparable peer institutions in member states of the southern
regional education board.
(h) (j) Effective the first day of July, two thousand one,
tuition and fees rates shall be determined in accordance with
subsection (h), (k) subsection (i) (l) and subsection (j) (m) of
this section.
(h) (k) Effective the first day of July, two thousand one, institutions shall retain tuition and fee revenues not pledged for
bonded indebtedness or other purposes in accordance with a revised
tuition policy adopted by the respective governing boards 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) Establish methodology, where applicable, to ensure 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) (l) No penalty shall be imposed by the commission upon
any institution based upon 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 impeding unreasonably 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) (m) No governing board may increase tuition and fees more
than four percent nor 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. Tuition and fee increases of the governing boards are
subject to rules adopted by the commission pursuant to subsection
(a), section four, article one-b of this chapter.
§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 commission
governing boards, there is hereby imposed and the commission is
governing boards are 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.
(1) For full-time students at each state institution of
higher education, the additional registration fee shall be fifty
dollars per semester. The commission has governing boards have
authority to increase such additional registration fee at
institutions of higher education under its jurisdiction for
students who are nonresidents of this state.
(2) For all part-time students and for all summer school
students, the commission governing boards shall impose and collect
such fee in proportion to, but not exceeding, that paid by
full-time students.
(b) The fee imposed by this section is in addition to the maximum fees allowed to be collected under the provision of section
one of this article and 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) (c) There is created in the state treasury a state system
special capital improvements fund for each state institution of
higher education and the commission 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 by the commission and governing boards
for the payment of the principal of or interest on any revenue
bonds issued by the board of regents or the succeeding governing
boards for which such registration fees were pledged prior to the
enactment of this section.
(c) (d) The commission governing boards 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.
(e) The commission governing boards, in its their discretion,
may use the moneys in such special capital improvements funds to
finance the costs of the above purposes on a cash basis, or the
commission, upon request of institutions or governing boards,
singly or jointly, 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 commission or governing boards 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 was agreed upon by the governing board or boards and 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.
(f) Such revenue bonds may be authorized and issued from time
to time by the commission or governing boards to finance, in whole
or in part, the purposes provided in this section in an aggregate
principal amount not exceeding the amount which the 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.
(g) The issuance of such revenue bonds shall be authorized by
a resolution adopted by the governing board receiving the proceeds
and the 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 determined by the governing board receiving
the proceeds and the commission. Such revenue bonds shall be signed
by the governor and by the chancellor of the commission or the
chair of the governing boards 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 chancellor of the commission or the chair of the
appropriate governing boards. Such revenue bonds shall be sold in
such manner as the commission or governing board determines is for
the best interests of the state.
(h) The commission or governing boards 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 commission or governing
boards 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
commission or governing boards in the best interests of the state
and to enhance the marketability of such revenue bonds.
(i) After the issuance of any of such revenue bonds, the
additional registration fees at the state institutions of higher
education 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 may not be
deemed to be obligations or debts of the state, and the credit or
taxing power of the state may not be pledged therefor, but such
revenue bonds shall be payable only from the revenue pledged
therefor as provided in this section.
(j) Additional revenue bonds may be issued by the commission
or governing boards pursuant to this section and financed by
additional revenues or funds dedicated from other sources. It is
the intent of the Legislature to authorize over a five-year period
from the effective date of this section beginning on the
seventeenth day of June, two thousand, additional sources of
revenue and funds to effect such funding for capital improvement.
(k) Funding of system-wide and campus-specific 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.
(l) Any revenue bonds proposed to be issued under this section or article twelve-b, chapter eighteen of this code must be first
approved by the commission.
(m) Revenue bonds issued pursuant to article twelve-b, chapter
eighteen of this code may be issued by the commission or governing
boards, either singly or jointly.
(n) Fees pledged for repayment of revenue bonds issued under
this section or article twelve-b, chapter eighteen prior to the
effective date of this section shall be transferred to the
commission in a manner prescribed by the commission. The
commission shall have the authority to transfer funds from the
accounts of institutions pledged for the repayment of revenue bonds
issued prior to the effective date of this section, or issued
subsequently by the commission upon the request of institutions, if
an institution fails to transfer the pledged revenues to the
commission in a timely manner.
ARTICLE 11A. STATE AUTISM TRAINING CENTER.
§18B-11A-1. Purpose.
The purpose of the Legislature in the enactment of this
article is to establish and develop an autism training center in
the state of West Virginia with a highly skilled,
interdisciplinary, appropriately experienced staff which will train
teachers, parents, guardians and others important to the autistic
person's education and training. The center is established and
operated by the Marshall university board of governors or its
designees.
§18B-11A-2. Definitions.
For the purposes of this article:
(a) "Board" means the Marshall university board of governors;
(b) "Center" means the autism training center;
(c) "Client" means a person with the primary diagnosis of
autism or autistic-like behavior; and
(d) "Expenses" means those reasonable and customary
expenditures related to training and treatment of eligible clients
as defined in the rules and regulations promulgated by the center.
§18B-11A-3. Powers and duties of board of governors and state
autism center.
The board of governors is authorized to operate a state
autism training center, including either the acquisition by
purchase, lease, gift or otherwise, of necessary lands, and the
construction of necessary buildings; the expansion, remodeling,
altering or equipping of necessary buildings; and the making of
contracts by the board of trustees with any state, county or
municipal agency, or nonprofit institution, providing for the
equipment, expenses, compensation of personnel, operation and
maintenance of any facility of such agency or institution utilized
for the purposes of this article. The board or its designees may
make and enter into all contracts and agreements necessary and
incidental to the performance of its powers and duties under this
section, and may cooperate with other agencies of the state, county
and federal governments.
§18B-11A-4. Responsibilities of center.
The center shall, through appropriate identification,
evaluation, education, individual training and treatment programs
for clients, offer appropriate education and training for
professional personnel and family members or guardians.
§18B-11A-5. Rules and regulations.
The board, after consultation with the center, shall make and
adopt rules, regulations and standards for the establishment,
operation, cost reimbursement, fees for services, maintenance and
government control of the center established pursuant to this
article, including such rules, regulations and standards as may be
necessary for cooperation under and compliance with any existing or
future federal statutes pertaining to grants-in-aid for client
training or facilities and such other rules and regulations as may
be necessary to effectuate the purposes of this article.
§18B-11A-6. Advisory board.
The board of governors shall appoint a board of West Virginia
citizens to advise the center director on matters of policy. The
advisory board shall be composed of fifty percent parents or
guardians of clients eligible for the center's program; forty
percent persons from professional fields related to autism, such as
special education, psychology, hearing and speech, neurology and
pediatrics; and ten percent knowledgeable lay citizens such as
legislators or other lay community leaders. The director of the
center shall be an ex officio nonvoting member of the advisory board.
§18B-11A-7. Trainee team; expense.
The primary method of providing services through the center is
by the use of trainee teams. A trainee team shall consist of an
eligible client, a professional chosen by the primary local service
agency and the client's parent or parents or guardian.
The center may charge agencies such fees and reimburse trainee
team or client expenses as provided by rules and regulations. The
center may also provide for reasonable and customary expenses in
excess of fees charged sending agencies for each trainee team or
otherwise eligible client, including child care for other children
of attending parents and others as specified in rules and
regulations.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLES 5. HIGHER EDUCATION GRANT PROGRAM.
§18C-5-4. Powers and duties of senior administrator.
Subject to the provisions of this article and within the
limits of appropriations made by the Legislature, the senior
administrator is authorized and empowered to: (1) Prepare and
supervise the issuance of public information concerning the grant
program; (2) prescribe the form and regulate the submission of
applications for grants; (3) administer or contract for the
administration of such examinations as may be prescribed by the
senior administrator; (4) select qualified recipients of grants;
(5) award grants; (6) accept grants, gifts, bequests and devises of real and personal property for the purposes of the grant program;
(7) administer federal and state financial loan programs; (8)
cooperate with approved institutions of higher education in the
state and their governing boards in the administration of the grant
program; (9) make the final decision pertaining to residency of an
applicant for grant or renewal of grant; (10) employ or engage such
professional and administrative employees as may be necessary to
assist the senior administrator in the performance of the duties
and responsibilities, who shall serve at the will and pleasure and
under the direction and control of the senior administrator; (11)
employ or engage such clerical and other employees as may be
necessary to assist the senior administrator in the performance of
the duties and responsibilities, who shall be under the direction
and control of the senior administrator; (12) prescribe the duties
and fix the compensation of all such employees; and (13) administer
the adult part-time student higher education grant program
established under section seven of this article.; and (14) propose
legislative rules in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code, not inconsistent with
the provisions of this article relating to the administration of
the higher education grant program.
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
higher education policy commission or the chancellor as defined in
chapter eighteen-b of this code, or both, or any successor agency
or officer. or any person employed by such boards who is granted
rule-making authority under the provisions of said chapter.
"Board" also means any other entity directed by this code to
promulgate a rule or rules in accordance with this article, but
this definition shall apply solely for the purpose of promulgating
the rule or rules required to be promulgated in accordance with
this article.
§29A-3A-12. Submission of legislative rules to the legislative
oversight commission on education accountability.
(a) When the board finally approves a proposed legislative
rule for submission to the Legislature, pursuant to the provisions
of section ten of this article, the board shall submit to the
legislative oversight commission on education accountability at its
offices or at a regular meeting of such commission fifteen copies
of the following:
(1) The full text of the legislative rule as finally approved
by the board, with new language underlined and with language to be
deleted from any existing rule stricken-through but clearly
legible;
(2) A brief summary of the content of the legislative rule and
a description and a copy of any existing rule which the agency
proposes to amend or repeal;
(3) A statement of the circumstances which require the rule;
(4) A fiscal note containing all information included in a
fiscal note for either house of the Legislature and a statement of
the economic impact of the rule on the state or its residents; and
(5) Any other information which the commission may request or
which may be required by law.
(b) The commission shall review each proposed legislative rule
and, in its discretion, may hold public hearings thereon. Such
review shall include, but not be limited to, a determination of:
(1) Whether the board has exceeded the scope of its statutory
authority in approving the proposed legislative rule;
(2) Whether the proposed legislative rule is in conformity
with the legislative intent of the statute which the rule is
intended to implement, extend, apply, interpret or make specific;
(3) Whether the proposed legislative rule conflicts with any
other provision of this code or with any other rule adopted by the
same or a different agency;
(4) Whether the proposed legislative rule is necessary to
fully accomplish the objectives of the statute under which the
proposed rule was promulgated;
(5) Whether the proposed legislative rule is reasonable,
especially as it affects the convenience of the general public or of persons particularly affected by it;
(6) Whether the proposed legislative rule could be made less
complex or more readily understandable by the general public; and
(7) Whether the proposed legislative rule was promulgated in
compliance with the requirements of this article and with any
requirements imposed by any other provision of this code.
(c) After reviewing the legislative rule, the commission shall
recommend that the Legislature:
(1) Authorize the board to promulgate the legislative rule; or
(2) Authorize the board to promulgate part of the legislative
rule; or
(3) Authorize the board to promulgate the legislative rule
with certain amendments; or
(3) (4) Recommend that the rule be withdrawn.
The commission shall file notice of its action in the state
register and with the board proposing the rule: Provided,
That
when the commission makes the recommendations of subdivision (2),
or (3) or (4) of this subsection, the notice shall contain a
statement of the reasons for such recommendation.
(d) When the commission recommends that a rule be authorized,
in whole or in part, by the Legislature, the commission shall
instruct its staff or the office of legislative services to draft
a bill authorizing the board to promulgate all or part of the
legislative rule. If the commission recommends that the rule not
be authorized, it shall include in its report a draft of a bill authorizing promulgation of the rule together with a
recommendation. Any draft bill prepared under this section shall
contain a legislative finding that the rule is within the
legislative intent of the statute which the rule is intended to
implement, extend, apply or interpret and shall be available for
any member of the Legislature to introduce to the Legislature.
(e) assistance is subject to availability and appropriation by
the Legislature and nothing in this section may be construed to
require a particular level of appropriation.
§29A-3A-19. Severability of legislative rules.
Unless there is a provision in a legislative rule specifying
that the provisions thereof shall not be severable, the provisions
of every legislative rule, whether enacted before or subsequent to
the effective date of this section, shall be severable so that if
any provision of any rule section or amendment thereto is held to
be unconstitutional or void, the remaining provisions of the rule
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 legislative rule has
its own severability clause, then that severability clause shall govern and control with respect to that section, in lieu of the
provisions of this section. The provisions of this section shall
be fully applicable to all future amendments to legislative rules,
with like effect as if the provisions of this section were set
forth in extenso and every such amendment were reenacted as a part
thereof, unless such amendment to the legislative rule contains its
own severability clause.