COMMITTEE SUBSTITUTE
FOR
H. B. 4253
(By Delegates Doyle, Wysong and Tabb)
[Originating in the Committee on Education.]
[February 17, 2006]
A BILL to amend and reenact §18B-2A-1 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18B-3C-8 of said
code, all relating to removing the requirement that certain
governing board chairs serve as members on certain other
governing boards; and deleting obsolete provisions.
Be it enacted by the Legislature of West Virginia:
That §18B-2A-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18B-3C-8 of said code be
amended and reenacted, all to read as follows:
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, the Community and Technical
College of Shepherd, Concord College University, Eastern West
Virginia Community and Technical College, Fairmont State College University, Glenville State College, Marshall University, New River
Community and Technical College, Shepherd College University,
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 University and West Virginia
University.
(b) For the Community and Technical College of Shepherd and
New River Community and Technical College the Institutional Board
of Advisors remains in place until the institution achieves
independent accreditation as provided in section eight, article
three-c of this chapter.
(1) As long as the institutional board of advisors remains in
place, the chairperson of the board of advisors serves as an ex
officio, voting member of the board of governors of the sponsoring
institution;
(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed pursuant
to this section;
(3) When a board of governors is established for the community
and technical college:
(A) The chairperson of the governing board of the sponsoring
institution serves as an ex officio, nonvoting member of the
governing board of the community and technical college board of
governors; and
(B) The chairperson of the governing board of the community
and technical college serves as an ex officio, nonvoting member of
the governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of
governors, the Governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
(c) The institutional board of governors for Marshall
University consists of sixteen persons and the institutional board
of governors for West Virginia University consists of seventeen
persons. Each other board of governors consists of twelve persons.
(d) (c) Each board of governors includes the following
members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the institutional board of governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the institutional board of advisors of Marshall Community and Technical College serving as an
ex officio, voting member.
(5) For the institutional board of governors at West Virginia
University, twelve lay members appointed by the Governor by and
with the advice and consent of the Senate pursuant to this section
and, additionally, the chairperson of the institutional board of
advisors of the community and technical college at West Virginia
University Institute of Technology and West Virginia University at
Parkersburg.
(6) For each institutional board of governors of an
institution that does not have an administratively linked community
and technical college under its jurisdiction, nine lay members
appointed by the Governor, by and with the advice and consent of
the Senate, pursuant to this section.
(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of
advisors of the administratively linked community and technical
college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
(e) (d) Of the eight or nine members appointed by the Governor, no more than five may be of the same political party. 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. Of the eight or
nine members appointed by the Governor, at least six shall be
residents of the state. Of the twelve members appointed by the
Governor to the governing boards of Marshall University and West
Virginia University, at least eight shall be residents of the
state.
(f) (e) The student member serves for a term of one year.
Each term begins on the first day of July.
(g) (f) The faculty member serves for a term of two years.
Each term begins on the first day of July. Faculty members are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.
(h) (g) The member representing classified employees serves
for a term of two years. Each term begins 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.
(i) (h) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more than
one additional term.
(j) (i) 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. Each board of
governors shall elect one of its appointed lay members to be
chairperson in June of each year. A member may not serve as
chairperson for more than two consecutive years.
(k) (j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(l) (k) A person is ineligible for appointment to membership
on a board of governors of a state institution of higher education
under the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other 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 council or
commission. This subsection does not prevent the representative
from the faculty, classified employees, students or chairpersons of
the boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other 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, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or chairpersons of the boards of advisors from being
members of the governing boards.
(m) (l) 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.
(n) (m) A member of a governing board appointed by the
Governor may not 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.
(o) (n) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-8. Statewide network of independently accredited community
and technical colleges.
(a) By the first day of July, two thousand five, West Virginia
shall have There is continued 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 or West Virginia university at
Parkersburg.
(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 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;
(2) That it is able to offer evidence to the satisfaction of
the Council 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 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. The statewide
network of independently accredited community and technical
colleges is comprised of the following state institutions of higher
education.
(1) New River Community and Technical College. --
(A) There is continued the multicampus entity known as New
River Community and Technical College, administratively linked to
Bluefield state college. New River Community and Technical College
is headquartered in the Beckley Higher Education Center and
incorporates the campuses of Greenbrier Community College Center of
New River Community and Technical College and Nicholas Community College Center of New River Community and Technical College. New
River Community and Technical College shall be is an independently
accredited community and technical college. The Council shall
appoint an institutional board of advisors, pursuant to section
one, article six of this chapter, for New River Community and
Technical College which is separate from the institutional board of
governors of Bluefield State College. The board of advisors shall
become the board of governors pursuant to section one, article
two-a of this chapter when the institution achieves independent
accreditation.
(B) Bluefield State College may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their its baccalaureate programs and
missions or which are of a high-cost nature and can best be
provided through direct coordination with a baccalaureate
institution. Any such program shall be delivered under the
authority of the Council and through contract with the community
and technical college. The terms of the contract shall be
negotiated between the Council and the Bluefield State College
Governing Board. of the sponsoring institution The final contract
is approved by the Council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the Council. If the
Council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(C) Bluefield State College may continue the associate of
science degree in nursing which is an existing nationally
accredited associate degree program in an area of particular
institutional strength and which is closely articulated to the
baccalaureate program and mission. The program is of a high-cost
nature and can best be provided through direct administration by a
baccalaureate institution. This program may not be transferred to
New River Community and Technical College or any other community
and technical college as long as the program maintains national
accreditation and is seamlessly coordinated into the baccalaureate
program at the institution.
(D) By the first day of July, two thousand five, New River
community and technical college shall be independently accredited.
The president and the board of governors of Bluefield state college
are responsible for obtaining independent accreditation of the
community and technical college. If the multicampus entity known
as New River community and technical college has not obtained
independent accreditation by this date, the council shall choose
one of the following options:
(i) Create New River as a freestanding community and technical
college; or
(ii) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
(E) The president and the board of governors of Bluefield
state college also are accountable to the council for ensuring that
the full range of community and technical college services is available throughout the region and that New River community and
technical college adheres to the essential conditions pursuant to
section three of this article.
(F) As an independently accredited community and technical
college, New River also shall serve as a 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.
(G) (E) New River Community and Technical College shall
participate in the planning and development of a unified effort
involving multiple providers to meet the documented education and
workforce development needs in the region. Nothing in this
subdivision prohibits or limits any existing, or the continuation
of any existing, affiliation between Mountain State University,
West Virginia University Institute of Technology and West Virginia
University. The objective is to assure students and employers in
the area that there is coordination and efficient use of resources
among the separate programs and facilities, existing and planned,
in the Beckley area.
(2) Fairmont State Community and Technical College. --
Fairmont State Community and Technical College is an independently
accredited community and technical college. The community and
technical college is developed on the base of the component
community and technical college of Fairmont state college. Subject
to the provisions of this section, the president and the governing board of Fairmont state college are responsible, according to a
plan approved by the council, 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 twelve of this
article, the community and technical college will remain remains
administratively linked to Fairmont State College University.
Fairmont State College University may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their its baccalaureate programs and
missions or which are of a high-cost nature and can best be
provided in direct coordination with a baccalaureate institution.
Any such program shall be delivered under the authority of the
Council and through contract with the community and technical
college. The terms of the contract shall be negotiated between the
Council and the Fairmont State University Governing Board. of the
sponsoring institution The final contract is approved by the
Council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the Council. If the Council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by the
community and technical college.
(3) Marshall Community and Technical College. -- Marshall
Community and Technical College is an independently accredited
community and technical college. The new community and technical college is developed on the base of the 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 council, 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 remains
administratively linked to Marshall University. Marshall
University may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their its baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the Council and through contract
with the community and technical college. The terms of the
contract shall be negotiated between the Council and the Marshall
University Governing Board. of the sponsoring institution The
final contract is approved by the Council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the Council. If the
Council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(4) The Community and Technical College of Shepherd. -- The Community and Technical College of Shepherd shall become is an
independently accredited community and technical college. The new
community and technical college is developed on the base of the
component community and technical college of Shepherd college.
Subject to the provisions of this section, the president and the
governing board of Shepherd college are responsible, according to
a plan approved by the council, 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
remains administratively linked to Shepherd college University.
Shepherd college University may continue associate degree programs
in areas of particular institutional strength which are closely
articulated to their its baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the Council and through
contract with the community and technical college. The terms of
the contract shall be negotiated between the Council and the
Shepherd University Governing Board. of the sponsoring institution
The final contract is approved by the Council. Such a program
shall be evaluated according to the benchmarks and indicators for
community and technical college education developed by the Council.
If the Council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(5) West Virginia State Community and Technical College. --
West Virginia State Community and Technical College shall become is
an independently accredited community and technical college. The
new community and technical college is developed on the base of the
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 council, 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 remains administratively linked to
West Virginia State college University. West Virginia State
College University may continue associate degree programs in areas
of particular institutional strength which are closely articulated
to their its baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the Council and through contract
with the community and technical college. The terms of the
contract shall be negotiated between the Council and the West
Virginia State University Governing Board. of the sponsoring
institution The final contract is approved by the Council. Such
a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed
by the Council. If the Council determines that the program is
making insufficient progress toward accomplishing the benchmarks,
the program shall thereafter be delivered by the community and
technical college.
(6) The Community and Technical College at West Virginia
University Institute of Technology. -- The Community and Technical
College at West Virginia University Institute of Technology is an
independently accredited community and technical college. The new
community and technical college is developed on the base of the
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 remains administratively linked to
West Virginia University Institute of Technology. West Virginia
University Institute of Technology may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their its baccalaureate programs and
missions or which are of a high-cost nature and can best be
provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the
Council and through contract with the community and technical
college. The terms of the contract shall be negotiated between the
Council and the West Virginia University Institute of Technology
Governing Board. of the sponsoring institution The final contract
is approved by the Council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the Council. If the
Council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(d) For each administratively linked community and technical
college which fails to achieve independent accreditation by the
first day of July, two thousand five, the council shall choose one
of the following options:
(1) Create the administratively linked institution as a
freestanding community and technical college; or
(2) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
The president and the board of governors of each sponsoring
institution is accountable to the Council for ensuring that the
community and technical college is able to meet the conditions for
independent accreditation and adheres to the essential conditions
pursuant to section three of this article.
NOTE: The purpose of this bill is to remove the requirement that the governing board chairs of Shepherd University and The
Community and Technical College of Shepherd, and of Bluefield State
College and New River Community and Technical College, sit on each
other's board of governors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.