Senate Bill No. 720
(By Senators Plymale, White and Jenkins )
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[Introduced; referred to the Committee
on Education.]
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A BILL to repeal §18B-2-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1-2 and §18B-1-6 of said code; to amend and reenact §18B-1B-6 of said code; to amend said code by adding thereto a new article, designated §18B-1C-1, §18B-1C- 2, §18B-1C- 3, §18B-1C- 4 and §18B-1C- 5; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-3C-8 of said code; to amend said code by adding thereto a new section, designated §18B-3C-13; and to amend and reenact §18B-6-1 and §18B-6-1a of said code, all relating to higher education generally; higher education governance; West Virginia Institute of Technology; adding and clarifying definitions; clarifying procedure for approval of rules for certain state institutions of higher education; providing for appointment of certain institutional presidents; designating Community and Technical College of Shepherd as Blue Ridge Community and Technical College; providing legislative findings, intent and purpose; providing for continuance of certain state institutions of higher education and establishing certain governing board; providing for transfer of real and other property, orders, resolutions, rules and obligations to certain board of governors; requiring division of assets and liabilities by date certain and providing for resolution of disputes; requiring provision of certain services in certain circumstances; creating West Virginia Consortium for Undergraduate Research and Engineering; membership; purpose; requiring development of collaborative engineering strategic plan; requiring report by date certain; and making technical corrections and repealing obsolete provisions.

Be it enacted by the Legislature of West Virginia:
That §18B-2-9 of the Code of West Virginia, 1931, as amended, be repealed; that §18B-1-2 and §18B-1-6 of said code be amended and reenacted; that §18B-1B-6 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §18B-1C-

ARTICLE 1. GOVERNANCE.

§18B-1-2. Definitions.
The following words when used in this chapter and chapter eighteen-c of this code have the meaning hereinafter ascribed to them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand five six, "regional campus" means West Virginia University at Parkersburg. and West Virginia university institute of technology.
(b)"Governing boards" or "boards" means the institutional boards of governors created pursuant to section one, article two-a of this chapter;
(c) "Freestanding community and technical colleges" means southern West Virginia Community and Technical College, West Virginia northern Community and Technical College and Eastern West Virginia Community and Technical College which may not be operated as branches or off-campus locations of any other state institution of higher education;
(d) "Community college" or "community colleges" means community and technical college or colleges as those terms are defined in this section;
(e) "Community and technical college", in the singular or plural, means the freestanding community and technical colleges and other state institutions of higher education which deliver community and technical college education. This definition includes southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, Eastern West Virginia Community and Technical College, New River Community and Technical College, West Virginia University at Parkersburg, the Community and Technical College at West Virginia University Institute of Technology, the community and technical college of Shepherd Blue Ridge Community and Technical College, Fairmont State Community and Technical College, Marshall Community and Technical College and West Virginia State Community and Technical College;
(f) "Community and technical college education" means the programs, faculty, administration and funding associated with the mission of community and technical colleges as provided in article three-c of this chapter;
(g) "Essential conditions" means those conditions which shall be met by community and technical colleges as provided in section three, article three-c of this chapter;
(h) "Higher education institution" means any institution as defined by Sections 401(f), (g) and (h) of the federal Higher Education Facilities Act of 1963, as amended;
(i) "Higher education policy commission," "policy commission" or "commission" means the commission created pursuant to section one, article one-b of this chapter;
(j) "Chancellor for higher education" means the chief executive officer of the higher education policy commission employed pursuant to section five, article one-b of this chapter;
(k) "Chancellor for community and technical college education" means the chief executive officer of the West Virginia Council for Community and Technical College Education employed pursuant to section three, article two-b of this chapter;
(l) "Chancellor" means the chancellor for higher education where the context refers to a function of the higher education policy commission. "Chancellor" means chancellor for community and technical college education where the context refers to a function of the West Virginia Council for Community and Technical College Education;
(m) "Institutional operating budget" or "operating budget" means for any fiscal year an institution's total unrestricted education and general funding from all sources in the prior fiscal year, including, but not limited to, tuition and fees and legislative appropriation, and any adjustments to that funding as approved by the commission or council based on comparisons with peer institutions or to reflect consistent components of peer operating budgets;
(n) "Community and technical college education program" means any college-level course or program beyond the high school level provided through a public institution of higher education resulting in or which may result in a two-year associate degree award including an associate of arts, an associate of science and an associate of applied science; certificate programs and skill sets; developmental education; continuing education; collegiate credit and noncredit workforce development programs; and transfer and baccalaureate parallel programs. All such programs are under the jurisdiction of the council. Any reference to "post-secondary vocational education programs" means community and technical college education programs as defined in this subsection;
(o) "Rule" or "rules" means a regulation, standard, policy or interpretation of general application and future effect;
(p) For the purposes of this chapter and chapter eighteen-c of this code, "senior administrator" means the vice chancellor for administration employed by the commission with the advice and consent of the council in accordance with section two, article four of this chapter;
(q) "State college" means Bluefield State College, Concord College University, Fairmont State College University, Glenville State College, Shepherd College University, West Liberty State College, West Virginia Institute of Technology or West Virginia State College University;
(r) "State Institution of Higher Education" means any university, college or community and technical college under the jurisdiction of a governing board as that term is defined in this section;
(s) Until the first day of July, two thousand five, "regional campus" means West Virginia university at Parkersburg, Potomac state college of West Virginia university and West Virginia university institute of technology; Only for the purposes of meeting the requirements of section one, article seven of this chapter, West Virginia University at Parkersburg and Potomac State College of West Virginia University are separate "institutions of higher education."
(t) The advisory board previously appointed for the West Virginia graduate college is known as the "board of visitors" and shall provide guidance to the Marshall University Graduate College;
(u) "Institutional compact" means the compact between the commission or council and a state institution of higher education under its jurisdiction, as described in section two, article one-a of this chapter;
(v) "Peer institutions", "peer group" or "peers" means public institutions of higher education used for comparison purposes and selected by the commission pursuant to section three, article one-a of this chapter;
(w) "Administratively-linked community and technical college" means a community and technical college created pursuant to section eight, article three-c of this chapter;
(x) "Sponsoring institution" means a state institution of higher education that maintains an administrative link to a community and technical college pursuant to section eight, article three-c of this chapter;
(y) "Collaboration" means entering into an agreement with one or more providers of education services in order to enhance the scope, quality or efficiency of education services;
(z) "Broker" or "brokering" means serving as an agent on behalf of students, employers, communities or responsibility areas to obtain education services not offered at that institution. These services include courses, degree programs or other services contracted through an agreement with a provider of education services either in-state or out-of-state; and
(aa) "Council" means the West Virginia council for community and technical college education created pursuant to article two-b of this chapter.
(bb) "West Virginia Consortium for Undergraduate Research and Engineering", "West Virginia CURE" or "CURE" means the collaborative planning group established pursuant to article one-c of this chapter.
(cc) As used in this chapter, "STEM" means high quality, college-level academic programs focused on science, technology, engineering and mathematics.

§18B-1-6. Rulemaking.
(a) 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, subject to the provisions of section three of this article.
(b) The council 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 and subject to the provisions of section three of this article. This grant of rule-making power extends only to those areas over which the Council has been granted specific authority and jurisdiction by law.
(c) As it relates to the authority granted to governing boards of state institutions of higher education to promulgate, adopt, amend or repeal any rule under the provisions of this code:
(1) "Rule" means any regulation, guideline, directive, standard, statement of policy or interpretation of general application which has institutionwide effect or which affects the rights, privileges or interests of employees, students or citizens. Any regulation, guideline, directive, standard, statement of policy or interpretation of general application that meets this definition is a rule for the purposes of this section.
(2) Regulations, guidelines or policies established for individual units, divisions, departments or schools of the institution, which deal solely with the internal management or responsibilities of a single unit, division, department or school or with academic curricular policies that do not constitute a mission change for the institution, are excluded from this subsection, except for the requirements relating to posting.
(3) The commission and council each shall promulgate a rule to guide the development and approval of rules made by their respective governing boards, including the governing boards of Marshall University and West Virginia University. The rules promulgated by the commission and council shall include, but are not limited to, the following provisions which shall be included in the rule on rules adopted by each governing board of a state institution of higher education:
(A) A procedure to ensure that public notice is given and that the right of interested parties to have a fair and adequate opportunity to respond is protected, including providing for a thirty-day public comment period prior to final adoption of a rule;
(B) Designation of a single location where all proposed and approved rules, guidelines and other policy statements are posted and can be accessed by the public; and
(C) A procedure to maximize Internet access to all proposed and approved rules, guidelines and other policy statements to the extent technically and financially feasible.
(d) Nothing in this section requires that any rule reclassified or transferred by the commission or the council under this section be promulgated again under the procedures set out in article three-a, chapter twenty-nine-a of this code unless the rule is amended or modified.
(e) The commission and council each shall file with the Legislative Oversight Commission on Education Accountability any rule it proposes to promulgate, adopt, amend or repeal under the authority of this article.
(f) The governing boards of Marshall University and West Virginia University, respectively, shall promulgate and adopt any rule which they are required to adopt by this chapter or chapter eighteen-c of this code no later than the first day of July, two thousand six. On and after this date:
(1) Any rule of either governing board which meets the definition set out in subsection (c) of this section and which has not been promulgated and adopted by formal vote of the appropriate governing board is void and may not be enforced;
(2) Any authority granted by this code which inherently requires the governing board to promulgate and adopt a rule is void until the governing board complies with the provisions of this section.
(g)

Within thirty days of the adoption of a rule, including repeal or amendment of an existing rule, the governing boards of Marshall University and West Virginia University, respectively, shall furnish to the chancellor of the commission or the council, as appropriate, a copy of each rule which has been formally adopted:
(1) The chancellor shall review and return the rule to the appropriate board of governors within thirty days specifying that the rule has been approved for implementation or disapproved.
(2) If the rule is disapproved, the chancellor shall include detailed information indicating in what way the rule is inconsistent with state or federal law or the policies and mission of the commission or council;
(3) The governing board may only implement a rule that has been disapproved by the chancellor if the rule has been revised to meet the chancellor's objections.
(h) Not later than the first day of October, two thousand five, and annually thereafter, each governing board of a state institution of higher education shall file with the commission or the council, as appropriate, a list of all institutional rules that were in effect for that institution on the first day of July of that year, including the most recent date on which each rule was considered and adopted, amended or repealed by the governing board. For all rules adopted, amended or repealed after the effective date of this section, the list shall include a statement by the chair of the governing board certifying that the governing board has complied with the provisions of this section when each listed rule was adopted.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of presidents of the state institutions of higher education shall be made as follows:
(1) Subject to the approval of the commission, the governing board of the institution appoints a president for Bluefield State College, Concord University, Fairmont State University, Glenville State College, Marshall University, Shepherd University, West Liberty State College, West Virginia Institute of Technology, West Virginia School of Osteopathic Medicine, West Virginia State University and West Virginia University.
(2) Subject to the approval of the council and to the provisions of article three-c of this chapter, the governing board of West Virginia University appoints the president of the regional campus known as West Virginia University at Parkersburg. When selecting candidates for consideration to fill the office of president, the governing board shall use the search and screening process provided in section one, article six of this chapter.
Subject to the approval of the Commission, the Governing Board of West Virginia University appoints the President of the regional campus known as West Virginia University Institute of Technology. The president of each the regional campus serves at the will and pleasure of the appointing governing board.
(3) Subject to the approval of the council, the governing board of the community and technical college appoints a president for Eastern West Virginia Community and Technical College, Southern West Virginia Community and Technical College and West Virginia Northern Community and Technical College.
(4) Subject to the approval of the council, the governing board of the sponsoring institution appoints a president for each administratively-linked community and technical college which shares a physical campus location with the sponsoring institution, including Fairmont State Community and Technical College, Marshall Community and Technical College, the Community and Technical College at West Virginia University Institute of Technology and West Virginia State Community and Technical College.
(5) Subject to the approval of the council, the governing board of the community and technical college appoints a president for each administratively-linked community and technical college which does not share a physical campus location with the sponsoring institution, including New River Community and Technical College and the Community and Technical College of Shepherd Blue Ridge Community and Technical College.
(b) Other appointments. -- The institutional president appoints a provost to be the administrative head of the Potomac campus of West Virginia University.
(c) Evaluation of presidents. -- The appointing governing board shall conduct conducts written performance evaluations of each institution's president, including the presidents of administratively-linked community and technical colleges. Evaluations shall be are done in every fourth year of employment as president, recognizing unique characteristics of the institution and utilizing institutional personnel, institutional boards of advisors as appropriate, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board. A part of the evaluation shall be is a determination of the success of the institution in meeting the requirements of its institutional compact.

ARTICLE 1C. WEST VIRGINIA INSTITUTE OF TECHNOLOGY

§18B-1C-1. Legislative findings and purpose.
(a) The Legislature finds that accessibility to high-quality academic programs and research opportunities in science, technology, engineering, and mathematics that attract and encourage students to earn degrees in these critical professions is essential to the state's economic growth and the general well-being of its citizenry.
(1) The nations of the world with which America must compete are dramatically expanding their numbers of engineers, scientists, and mathematicians even as the production of professionals in these fields continues to decline in the United States.

(2) American students enrolled in middle and high schools score well below students in similar grade levels in other countries on standardized tests and are much less likely than students in Asia and Europe to pursue undergraduate degrees in engineering, science or mathematics. There is a continuing need for professional educators with strong academic backgrounds in the disciplines of science and mathematics to teach and inspire students to plan careers in these fields.
(b) These facts provide sufficient evidence of a national crisis whose consequences are immediate and dramatic, especially for West Virginia which lags behind the nation in producing engineers, scientists, and mathematicians. Increasing capacity in these fields is indispensable if the state is to achieve satisfactory levels of economic competitiveness and enhance the quality of life for its citizens.
(c) The Legislature finds that developing a strategy for increasing the state's capacity in these critical-need professions is essential. Historically, southern West Virginia has been underserved in terms of academic program offerings in these disciplines and the state now must take steps to ensure that this and every region of the state have access to high quality, cutting-edge instruction and research in science, technology, engineering, and mathematics. Failure to provide such access limits the potential for individual success for those who live there and jeopardizes the economic future of the state.
(d) West Virginia Institute of Technology, functioning as an independent state institution of higher education, is a basic component of any state-level plan to increase production of engineers, scientists, and mathematicians in the "Advantage Valley" and central and southern regions of West Virginia. The institution's rigorous programs of instruction in these disciplines, particularly in engineering, must be supplemented and strengthened through further collaboration with other institutions to provide access to high quality instruction and research.
(1) The institution is a leading provider of education opportunities for disadvantaged students, particularly those in rural and isolated areas of southern and central West Virginia.
(2) The institution is nationally recognized as a provider of high quality undergraduate engineering and related programs in mathematics and science which are fundamental to expanding research and development opportunities in underserved areas of West Virginia.
(e) West Virginia Institute of Technology has a long and distinguished history of providing services to the citizens of the state.
(1) In 1952, the institution began offering baccalaureate degrees in engineering, thus becoming the first public, four-year college to develop a specialized academic program to serve the needs of southern West Virginia. The ability to develop this type program, especially its elements of flexibility and responsiveness to the needs of students and industry in its service area, was a direct result of the institution's status as a free-standing college, with the authority to make curricular and programmatic changes at the campus level.
(2) Basic components of this campus-level flexibility and responsiveness were lost when the college was made a regional campus and placed under the jurisdiction of the board of governors of West Virginia University.
(3) There are compelling reasons to restore this campus-level flexibility, responsiveness and independence:
(A) To enable the institution to focus on the science, technology, engineering, and mathematics needs of students in rural, isolated and underserved areas of southern and central West Virginia;
(B) To empower the institution to collaborate with a broad range of partners to provide science, technology, engineering, and mathematics education; and
(C) To enhance the institution's capacity to contribute to meeting the state's education and economic development needs.
(f) The purpose of this article is to establish West Virginia Institute of Technology as a free-standing state institution of higher education and to provide for collaboration with other state institutions to meet the need for rigorous, high quality science, technology, engineering, and mathematics instruction and research in underserved areas of West Virginia.

§18B-1C-2. West Virginia Institute of Technology; authority of board of governors; transfer of property.

(a)

(1) West Virginia Institute of Technology may not be operated as a branch or off-campus location of any other state institution of higher education

.
(2) Any reference in this code to West Virginia University Institute of Technology means West Virginia Institute of Technology.
(b) The Community and Technical College at West Virginia University Institute of Technology located in Montgomery, Fayette County, is continued and hereafter is known as "the Community and Technical College at West Virginia Institute of Technology".
(1) The Community and Technical College at West Virginia Institute of Technology remains administratively-linked to West Virginia Institute of Technology.
(2) Any reference in this code to the Community and Technical College at West Virginia University Institute of Technology means the Community and Technical College at West Virginia Institute of Technology.

(c) Effective the first day of July, two thousand six, the authority to establish, maintain and operate West Virginia Institute of Technology and the Community and Technical College at West Virginia Institute of Technology is hereby transferred to the board of governors for West Virginia Institute of Technology established pursuant to section one, article two-a of this chapter.
(d) Title to all real property previously transferred to or vested in the board of governors of West Virginia University on behalf of or for the exclusive use or benefit of West Virginia Institute of Technology, formerly known as West Virginia University Institute of Technology, or the Community and Technical College at West Virginia Institute of Technology, formerly known as the Community and Technical College at West Virginia University Institute of Technology, is hereby transferred to the governing board of West Virginia Institute of Technology.
(e) Ownership of or title to any other property obtained or purchased by the governing board of West Virginia University or any previous governing board or boards on behalf of West Virginia Institute of Technology, formerly known as West Virginia University Institute of Technology, or its administratively-linked community and technical college is hereby transferred to the board of governors of West Virginia Institute of Technology.
(f) Until at least the first day of July, two thousand seven, West Virginia Institute of Technology retains the same promotion and tenure process in place prior to the transfer effectuated by this section.

§18B-1C-3. Transfer of orders, resolutions, policies and rules, obligations, etc.; division of assets and liabilities; financial audits.

(a) Effective the first day of July, two thousand six, a board of governors is established pursuant to section one, article two-a of this chapter for the state institution of higher education known as West Virginia Institute of Technology, formerly a regional campus of West Virginia University known as West Virginia University Institute of Technology:
(1) All orders, resolutions, policies and rules adopted or promulgated by the board of governors of West Virginia University relating to West Virginia Institute of Technology or the administratively-linked Community and Technical College at West Virginia Institute of Technology, or which the newly established board of governors for the state college and administratively-linked community and technical college finds necessary for the exercise of its lawful powers and duties pursuant to the provisions of this chapter, shall continue in effect until rescinded, revised, altered or amended by the newly established board of governors.
(2) Nothing in this section requires the rules or policies transferred to the governing board of West Virginia Institute of Technology to be promulgated again under the rules adopted by the commission or council pursuant to section six, article one of this chapter unless such rules or policies are rescinded, revised, altered or amended by the newly-established governing board.
(b) Each valid agreement and obligation, undertaken or agreed to on behalf of West Virginia Institute of Technology or the Community and Technical College at West Virginia Institute of Technology by the board of governors of West Virginia University prior to the effective date of this article is hereby transferred to the board of governors of the state college on the first day of July, two thousand six.
(c) The boards of governors of West Virginia University and West Virginia Institute of Technology jointly shall agree on a division of all assets and liabilities between West Virginia University and West Virginia Institute of Technology.
(1) If the boards of governors are unable to reach agreement concerning a division of assets and liabilities by the first day of October, two thousand six, they jointly shall submit a summary of issues in dispute to the commission, which shall resolve all outstanding issues concerning the division of assets and liabilities. If any disputed issue involves the Community and Technical College at West Virginia Institute of Technology, then the commission shall consult the council regarding resolution of that issue.
(2) The division of all assets and liabilities between West Virginia University and West Virginia Institute of Technology and its administratively-linked community and technical college shall be effective retroactively to the first day of July, two thousand six.
(d) Any financial audit conducted for the period before the first day of July, two thousand six, shall treat the state college as a regional campus of West Virginia University.

§18B-1C-4. Provision of academic, administrative and support services.

(a) Between the first day of July, two thousand six and the thirtieth day of June, two thousand seven, West Virginia University shall continue to make available to West Virginia Institute of Technology and the Community and Technical College at West Virginia Institute of Technology the same level of academic, administrative and support services as were provided on the first day of February, two thousand six.
(1) The governing boards of West Virginia University and West Virginia Institute of Technology shall agree upon a schedule of the services to be provided and the fees to be charged to the baccalaureate institution and its administratively-linked Community and Technical College.
(2) The charges shall be based upon the reasonable and customary fee for any service and shall bear a rational relationship to the cost of providing the service.
(3) If the governing boards cannot agree by the first day of August, two thousand six, they shall submit a list of the items in dispute to the commission for resolution. The decision of the commission is binding upon all parties. If any disputed item involves services provided to the Community and Technical College at West Virginia Institute of Technology, then the commission shall consult the council regarding resolution of that dispute.
(b) Academic, administrative and support services include, but are not limited to, the following:
(1) Personnel management;
(2) Recordkeeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Such other services as are provided on the first day of February, two thousand six or as are determined to be necessary and appropriate by the governing board of West Virginia Institute of Technology.
(c) After the thirtieth day of June, two thousand seven, the board of governors of West Virginia Institute of Technology may continue to purchase services from West Virginia University, may provide the services using its own institutional staff, or may secure services from another institution when it is in the best interests of the state and the students to be served. In determining whether to secure services from West Virginia University, the governing board shall consider the following:
(1) The cost of the services;
(2) The quality of the services;
(3) The availability, both as to time and place, of the services; and
(4) Such other considerations as the governing board of West Virginia Institute of Technology finds appropriate, taking into account the best interests of the students and the community to be served.

§18B-1C-5. West Virginia Consortium for Undergraduate Research and Engineering established; short title; membership; purpose; strategic plan; report.

(a) There is established the West Virginia Consortium for Undergraduate Research and Engineering. This section may be designated and cited as "West Virginia CURE" or "CURE."
(b) West Virginia CURE is a collaborative planning group comprised of thirteen members as follows:
(1) The provost or a designee from West Virginia Institute of Technology, Marshall University and West Virginia University;
(2) The

from West Virginia Institute of Technology and the vice presidents for research from Marshall University and West Virginia University;
(3) The Deans of Engineering from West Virginia Institute of Technology, Marshall University and West Virginia University; and
(4) Four members appointed by the Governor, each of whom has demonstrated an interest in public higher education in West Virginia and each of whom possesses recognized credentials and expertise in one or more of the following fields:
(A) Engineering;
(B) Technology and computer science;
(C) Research development;
(D) Business leadership and management; and
(E) Finance.
At least one of the members appointed by the Governor shall be a representative of the engineering profession from business or industry.
(c) The purposes for which West Virginia CURE is established include, but are not limited to, the following:
(1) I

(2) Increasing access to high quality instruction and research opportunities, especially for populations in rural, underserved

in science, technology, engineering, and mathematics; and
(3) Stimulating economic development in the geographic areas of southern and central West Virginia by increasing the number of professional engineers available to business and industry and, thus, reversing the outward migration of high school graduates from these regions of the state.
(d) Collaborative Engineering Strategic Plan Required.
(1) West Virginia CURE is responsible for developing a multi-institutional engineering strategic plan to design and implement collaborative programs in engineering which are:
(A) Centered in the under-served areas of the "Advantage Valley" and southern and central West Virginia; and
(B) Anchored by, and drawing expertise and resources from, the three West Virginia CURE institutions: West Virginia Institute of Technology, Marshall University, and West Virginia University.
(2) A multi-institutional engineering consortium provides an opportunity to address the need for professional engineers in a manner that makes the best use of finite state resources through shared faculty and facilities.
(3) When coupled with a determined, strategic effort to strengthen learning outcomes in K-12 mathematics and science, collaborative efforts directed toward the recruitment and graduation of an increased number of engineering professionals provides measurable economic and societal benefits to the state. (e) Collaborative Engineering Strategic Plan Elements.
The strategic plan shall focus on methods to use the diverse, but complementary, strengths of West Virginia Institute of Technology, Marshall University and West Virginia University, and shall supplement, rather than supplant, programs already in place at the West Virginia CURE institutions. The main strengths of these three institutions, as they relate to the goals of West Virginia CURE, are outlined below:
(1) West Virginia Institute of Technology provides a student-centered engineering program that provides full-time faculty attention and small classes. This approach prepares students well to enter and succeed in the professional practice of engineering.
(2) Marshall University exhibits a strong commitment to engineering outreach and has developed an undergraduate engineering program that builds upon the institution's tradition in liberal arts and sciences to provide unique, flexible engineering opportunities that are attractive to a broad range of students.
(3) The strength of West Virginia University lies in engineering research. The institution's large student enrollment enables it to provide access to a wide range of programs in sub-fields of engineering as well as opportunities for research-oriented study in engineering at the graduate level.
(f) West Virginia CURE's strategic plan, at a minimum, shall address the following elements:
(1) Faculty.
(A) Facilitating joint faculty appointments;
(B) Creating interdisciplinary teams of faculty to develop new curricula that reflect the latest research in engineering education;
(C) Exploring issues related to technology transfer and intellectual property;
(D) Devising methods to share inventory of "best practices" in technology transfer and intellectual property management; and
(E) Pursuing common institutional policy recommendations to improve research commercialization.
(2) Libraries.
(A) Coordinating and maintaining library resources for engineering research and instruction that are available to students at all three West Virginia CURE institutions; and
(B) Using technology to facilitate online access to shared resources.
(3) Research collaboration.
(A) Making joint application for external research grants, licenses, and patents in engineering and related fields that build on the existing research strengths of the three Project CURE institutions; and
(B) Systematizing the sharing of information between institutions regarding ongoing research activities, prospective research projects and proposals, and forecasts of external grant funding opportunities.
(4) Coordination with K-12 education.
(A) Offering pre-engineering or engineering foundations courses in high schools;
(B) Promoting awareness and counseling parents and students, especially those populations in rural and underserved areas of the state, on high school courses necessary to prepare students for college majors and careers in engineering, technology, science, and mathematics; and
(C) C

.
(g) The consortium shall prepare a report, containing the engineering strategic plan required by this section together with cost estimates and a recommended time line for plan implementation. The report shall be delivered to the Governor and to the Legislative Oversight Commission on Education Accountability by the first day of December, two thousand six.

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:
(1) Bluefield State College, Blue Ridge Community and Technical College, 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; and
(2) Effective the first day of July, two thousand six, a board of governors is established for West Virginia Institute of Technology, formerly a regional campus of West Virginia University known as West Virginia University Institute of Technology; and
(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) (3) 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) (b) 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. Process for achieving independently accredited community and technical colleges.

(a) By the first day of July, two thousand five, West Virginia shall have a continue the 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. There is continued the statewide network of independently-accredited community and technical colleges as outlined below:
(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 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 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 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) (D) As an independently accredited community and technical college, New River also shall serve serves 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 administratively linked to Fairmont state college. Fairmont state college may continue associate degree programs 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. 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 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 administratively linked to Marshall university. Marshall university may continue associate degree programs 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. 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 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 Blue Ridge Community and Technical College. -- The community and technical college of Shepherd Blue Ridge 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 Shepherd college University. 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 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 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 university. Subject to the provisions of this section, the president and the governing board of West Virginia state college university

may continue associate degree programs 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. 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 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 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 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.
§18B-3C-13. Blue Ridge Community and Technical College.
The Community and Technical College of Shepherd is hereafter named "Blue Ridge Community and Technical College." Any reference in this code to the Community and Technical College of Shepherd means Blue Ridge Community and Technical College.
ARTICLE 6. ADVISORY COUNCILS.

§18B-6-1. Institutional boards of advisors for regional campuses and certain administratively-linked community and technical colleges.

(a) There is hereby continued or established institutional boards of advisors as follows:
(1) For each regional campus. The chairperson of the board of advisors of West Virginia University at Parkersburg serves as an ex officio, voting member of the governing board of West Virginia University;
(2) For administratively-linked community and technical colleges which share a physical location with the sponsoring institution. This category includes Fairmont State Community and Technical College, Marshall Community and Technical College, West Virginia State Community and Technical college and the Community and Technical College at West Virginia university Institute of Technology. The chairperson of the board of advisors of each administratively-linked community and technical college serves as an ex officio, voting member of the sponsoring institution's board of governors; or, in the case of the community and technical college at West Virginia university institute of technology, the chairperson of the board of advisors serves as an ex officio voting member of the governing board of West Virginia university;
(3) For New River community and technical college and the community and technical college of Shepherd, until these institutions achieve independent accreditation. As long as New River community and technical college or the community and technical college of Shepherd retains a board of advisors and remains administratively linked to the baccalaureate institution, the chairperson of that board of advisors serves as an ex officio, voting member of the governing board of Bluefield state college or Shepherd college, respectively.
(b) The lay members of the institutional boards board of advisors for the a regional campuses campus are appointed by the board of governors.
(c) The lay members of the institutional boards of advisors established for the administratively-linked community and technical colleges are appointed by the West Virginia Council for Community and Technical College Education.
(d) 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 of the respective institution; 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; a member from the institutional classified employees duly elected by the classified employees of the respective institution; and twelve lay persons appointed pursuant to 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 respective institution and no more than a simple majority may be of the same political party.
(e) The student member serves for a term of one year. beginning upon appointment in July, two thousand four, and ending on the thirtieth day of April, two thousand five. Thereafter the term shall begin on the first day of May. The member from the faculty and the classified employees, respectively, serves for a term of two years beginning upon appointment in July, two thousand four, and ending on the thirtieth day of April, two thousand five. Thereafter the term shall begin on the first day of May; and the twelve lay members each serve terms of four years. each beginning upon appointment in July, two thousand four. 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:
(1) Commencing in two thousand five, All elections shall be are held and all appointments shall be are made no later than the thirtieth day of April preceding the commencement of the term; and
(2) Terms of members begin on the first day of May following election. except for two thousand four only, terms begin upon appointment in July.
(f) 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.
(g) One of the twelve lay members shall be elected as chairperson by the board of advisors in May of each year. except that the chairperson elected in two thousand four shall be elected in July. No member may serve as chairperson for more than two consecutive years.
(h) 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.
(i) Prior to the submission by the president to its governing board, the board of advisors shall review 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.
(j) Prior to their implementation by the president, the board of advisors shall review all proposals regarding institution-wide personnel policies. The board of advisors may comment on the proposals in writing.
(k) The board of advisors shall provide advice and assistance to the president and the governing board in areas including, but not limited to, the following:
(1) Establishing closer connections between higher education and business, labor, government and community and economic development organizations to give students greater opportunities to experience the world of work. Examples of such experiences include business and community service internships, apprenticeships and cooperative programs;
(2) Communicating better and serving the current workforce and workforce 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
(3) Assessing the performance of the institution's graduates and assisting in job placement.
(l) When a vacancy occurs in the office of president of the institution a regional campus or administratively-linked community and technical college, the board of advisors shall serve serves as a search and screening committee for candidates to fill the vacancy under guidelines established by the council. 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. For the purposes of the search and screening process only, 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 council appropriate governing board. or to the governing board in the case of West Virginia university institute of technology, for consideration. If the council or governing board rejects all candidates submitted, the committee shall submit the names of at least three additional candidates and this process shall be repeated until the council or governing board approves one of the candidates submitted. In all cases, the governing board shall make the appointment with the approval of the council. or the commission in the case of West Virginia university institute of technology. The governing board or the council shall provide all necessary staff assistance to the board of advisors in its role as a search and screening committee.
(m) The boards of advisors shall develop a master plan for those administratively-linked community and technical colleges which retain boards of advisors. 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 these institutional master plans, including periodic updates, resides with the council. The plan shall include includes, but is 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-6-1a. Definitions.
For the purposes of this article, the following words have the meanings specified unless the context clearly indicates a different meaning:
(a) "Advisory council of classified employees" or "classified council" means the state advisory organization of classified employees created pursuant to section five of this article.
(b) "Advisory council of faculty" or "faculty council" means the state advisory organization of faculty created pursuant to section two of this article.
(c) "Advisory council of students" or "student advisory council" means the state advisory organization of students created pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means any regular full-time or regular part-time employee of a governing board, the commission, the council or the West Virginia network for educational telecomputing who holds a position that is assigned a particular job title and pay grade in accordance with the personnel classification system established by law.
(e) "Community and technical college" means Eastern West Virginia Community and Technical College, Fairmont State Community and Technical College, Marshall Community and Technical College, New River Community and Technical College, West Virginia Northern Community and Technical College, the community and technical college of Shepherd Blue Ridge Community and Technical College, Southern West Virginia Community and Technical College, West Virginia State Community and Technical College, the Community and Technical College at West Virginia university Institute of Technology, West Virginia University at Parkersburg and any other community and technical college so designated by the Legislature.
(f) "Council" means the West Virginia Council for Community and Technical College Education created pursuant to section three, article two-b of this chapter.
(g) "Institutional classified employee council" or "staff council" means the advisory group of classified employees formed at a state institution of higher education pursuant to section six of this article.
(h) "Institutional faculty senate", "faculty senate" or "faculty assembly" means the advisory group of faculty formed at a state institution of higher education pursuant to section three of this article.
(i) "State institution of higher education", in the singular or plural, means the institutions as defined in section two, article one of this chapter and, additionally, Fairmont State Community and Technical College, Marshall Community and Technical College, New River Community and Technical College, Potomac State College of West Virginia University, Robert C. Byrd health sciences Charleston division of West Virginia University, the community and technical college of Shepherd Blue Ridge Community and Technical College, West Virginia State Community and Technical College, West Virginia University at Parkersburg, West Virginia university Institute of Technology, the Community and Technical College at West Virginia university Institute of Technology, the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education, the West Virginia Network for Educational Telecomputing and any other institution so designated by the Legislature.



NOTE: The purpose of this bill is to

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Article 3C