Senate Bill No. 604
(By Senators Plymale, Edgell, McKenzie, Unger and Oliverio)
____________
[Introduced February 15, 2007; referred to the Committee on
Education; and then to the Committee on Finance.]
____________
A BILL to repeal §18B-3E-2 of
the Code of West Virginia, 1931, as
amended; to amend and reenact §18B-1-2
and §18B-1-10 of said
code; to amend and reenact §18B-1B-6 of said code; to amend
and reenact §18B-2A-1 of said code; to amend and reenact
§18B-3C-4 of said code; to amend and reenact §18B-3E-1 of said
code; to amend said code by adding thereto two new sections,
designated §18B-3E-3 and §18B-3E-4; and to amend and reenact
§18B-6-1a of said code, all relating to merging Eastern
Community and Technical College with Blue Ridge Community and
Technical College on date certain; creating Potomac Highlands
Campus of Blue Ridge Community and Technical College;
authorizing operation of Potomac Highlands Campus; updating
definitions; requiring certain reports to West Virginia
Council for Community and Technical College Education and
Legislative Oversight Commission on Education Accountability; providing for appointment of chief executive officer for
Potomac Highlands Campus; requiring representation from
certain counties on board of governors of Blue Ridge Community
and Technical College and updating terms of office;
designating facilitating institution for certain community and
technical college consortia planning district; making
legislative findings and providing legislative intent;
transferring property and obligations; requiring notice of
employment status for certain employees by date certain;
specifying conditions for reductions in force; requiring
adoption of certain policies, procedures and standards;
clarifying mission; authorizing expenditure of certain funds
for certain purposes; and deleting obsolete language.
Be it enacted by the Legislature of West Virginia:
That §18B-3E-2 of the Code of West Virginia, 1931, as amended,
be repealed; that §18B-1-2 and §18B-1-10 of said code be amended
and reenacted; that §18B-1B-6 of said code be amended and
reenacted; that §18B-2A-1 be amended and reenacted; that §18B-3C-4
of said code be amended and reenacted; that §18B-3E-1 of said code
be amended and reenacted; that said code be amended by adding
thereto two new sections, designated §18B-3E-3 and §18B-3E-4; and
that §18B-6-1a of said code be amended and reenacted, all to read
as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meanings ascribed to them unless
the context clearly indicates a different meaning:
(a) "Regional campus" means West Virginia University at
Parkersburg;
(b) "Governing boards" or "boards" means the institutional
boards of governors created pursuant to section one, article two-a
of this chapter;
(c) "Free-standing community and technical colleges" means
Southern West Virginia Community and Technical College and West
Virginia Northern Community and Technical College and Eastern West
Virginia Community and Technical College which 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 free-standing 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, Blue Ridge Community and Technical
College, Marshall Community and Technical College, and West
Virginia State Community and Technical College and Pierpont
Community and Technical College, a division of Fairmont State
University;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
delivery of community and technical college education programs;
(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) "Senior administrator" means the vice chancellor for
administration employed in accordance with section two, article
four of this chapter;
(q) "State college" means Bluefield State College, Concord
University, Fairmont State University, Glenville State College,
Shepherd University, West Liberty State College or West Virginia
State 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 seven, "regional
campus" means West Virginia University at Parkersburg and West
Virginia University Institute of Technology;
(t) (s) 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) (t) "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) (u) "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) (v) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter;
(x) (w) "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) (x) "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) (y) "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;
(aa) (z) "Council" means the West Virginia Council for
Community and Technical College Education created pursuant to
article two-b of this chapter; and
(bb) (aa) "West Virginia Consortium for Undergraduate Research
and Engineering" or "West Virginia CURE" means the collaborative
planning group established pursuant to article one-c of this
chapter.
§18B-1-10. Potomac branch of West Virginia University.
(a) Notwithstanding any other provision of this code to the
contrary, by the first day of July, two thousand five, Potomac
state college shall merge and consolidate with West Virginia
university, and become is a fully integrated division of the West
Virginia University. All administrative and academic units shall
be are consolidated with primary responsibility for direction and
support assigned to West Virginia University. The advisory board
previously appointed for Potomac state college shall be is known as
the board of visitors and shall provide provides guidance to the
division in carrying out its mission.
(b) Operational costs for the Potomac campus may not exceed by
more than ten percent the average cost per full-time equivalent
student for freestanding community and technical colleges or the
southern regional education board average expenditures for two-year
institutions. West Virginia University shall reduce these costs to
the mandated level within four years by the first day of July, two thousand nine.
(c) Auxiliary enterprises shall be are incorporated into the
West Virginia University auxiliary enterprise system. The West
Virginia University board of Governors shall determine determines
if operations at the Potomac campus can be operated on a
self-sufficient basis when establishing rates for auxiliary
services and products.
(d) Potomac state college has a strong reputation in
agriculture and forestry instruction, pre-professional programs in
business, computer science and education, and basic liberal arts
instruction. These programs shall continue to be further
cultivated and emphasized as the sustaining mission of the Potomac
campus over the next decade, except that the Higher Education
Policy Commission may change the mission of the Potomac campus at
any time the commission determines appropriate. In order to focus
its resources on these programs, the campus shall contract through
eastern West Virginia the Potomac Highlands Campus of Blue Ridge
Community and Technical College to provide work force development
training, literacy education and technical education programs which
are most efficiently offered within a flexible community and
technical college curriculum. This collaborative relationship
shall serve serves to strengthen both institutions and generate
generates a model relationship between traditional and community
and technical college education for institutions throughout the state.
(e) Beginning By the first day of November, two thousand three
seven and annually thereafter, Potomac State College and eastern
West Virginia Blue Ridge Community and Technical College shall
report to the Higher Education Policy Commission council on plans,
accomplishments and recommendations in implementing the cooperative
relationship authorized in subsection (d) of this section. The
commission shall report to the Legislative Oversight Commission on
Education Accountability on the cooperative activities, results and
recommendations for changes by the fifteenth day of December, two
thousand three, and annually thereafter.
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
are 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 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. The
president serves at the will and pleasure of the governing board.
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.
Until the first day of July, two thousand seven, and 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 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.
(3) Subject to the approval of the council, the governing
board of the community and technical college appoints a president
for Southern West Virginia Community and Technical College, and
West Virginia Northern Community and Technical College, Blue Ridge
Community and Technical College and New River 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 Pierpont Community and Technical College, a division of
Fairmont State University, 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. The president of the
administratively linked community and technical college serves at
the will and pleasure of the appointing governing board.
(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 Blue Ridge Community and Technical College.
(b) Other appointments. --
(1) The institutional president appoints a provost provosts to
be the administrative head heads of the Potomac campus of West
Virginia University and effective the first day of July, two
thousand seven, for West Virginia University Institute of
Technology, respectively.
(2) The institutional president of Blue Ridge Community and
Technical College appoints a chief executive officer to be the
administrative head of the Potomac Highlands Campus located in Hardy County.
(c) Evaluation of presidents. -- The appointing governing
board shall conduct written performance evaluations of each
institution's president, including the presidents of
administratively linked community and technical colleges.
Evaluations shall be 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 a determination of the success of the institution in
meeting the requirements of its institutional compact.
ARTICLE 2A. INSTITUTIONAL BOARDS OF governors.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) Institutional boards of governors. --
(1) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd 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
University and West Virginia University.
(2) The board of governors of Blue Ridge Community and
Technical College is authorized to control, supervise and manage
the financial, business and education policies and affairs of the
Potomac Highlands Campus formerly known as Eastern West Virginia
Community and Technical College.
(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 eighteen
persons. Each other board of governors consists of twelve persons.
(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 chairpersons of the following boards serving
as ex officio, voting members:
(A) The institutional board of advisors of:
(i) The Community and Technical College at West Virginia
University Institute of Technology; and
(ii) West Virginia University at Parkersburg; and
(B) The Board of Visitors of West Virginia University
Institute of Technology.
(6) For each institutional board of governors of an
institution that does not have an administratively linked community
and technical college under its jurisdiction:
(A) Nine lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section; and
(B) For the board of Governors of Blue Ridge Community and
Technical College, of the nine lay members appointed pursuant to
paragraph A of this subdivision, at least two shall be residents of
the following counties: Grant, Hampshire, Hardy, Mineral, Pendleton, and Tucker. If no more than two members are appointed
from these counties, they may not reside in the same county.
(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 serving as an ex officio, voting member; 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.
(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.
(e) The student member serves for a term of one year. Each
term begins on the first day of July.
(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.
(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.
(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.
(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 are held
and all appointments shall be are 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 four consecutive years.
(j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(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.
(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.
(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.
(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-4. Community and technical college consortia planning districts.
(a) Unless otherwise designated, the president of each
community and technical college facilitates the formation of
community and technical college consortia in the state, which
includes representatives of community and technical colleges,
public vocational-technical education centers, and public
baccalaureate institutions offering associate degrees.
Responsibilities of the community and technical college consortium
shall include, but are not limited to, the following:
(1) Complete a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short- and long-term workforce development needs of the
district;
(2) Coordinate efforts with regional labor market information
systems to identify the ongoing needs of business and industry,
both current and projected, and to provide information to assist in
an informed program of planning and decisionmaking;
(3) Plan and develop a unified effort between the community
and technical colleges and public vocational-technical education to
meet the documented workforce development needs of the district
through individual and cooperative programs, shared facilities,
faculty, staff, equipment and other resources and the development
and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the workforce needs are met, develop new programs and phase out or
modify existing programs as appropriate to meet such needs,
streamline procedures for designing and implementing customized
training programs;
(5) Increase the integration of secondary and post-secondary
curriculum and programs that are targeted to meet regional labor
market needs, including implementation of seamless curricula
projects in all major career pathways and the West Virginia EDGE,
Earn a Degree, Graduate Early Program;
(6) Plan and implement integrated professional development
activities for secondary and post-secondary faculty, staff and
administrators;
(7) Ensure that program graduates have attained the
competencies required for successful employment through the
involvement of business, industry and labor in establishing student
credentialing;
(8) Performance assessment of student knowledge and skills
which may be gained from multiple sources so that students gain
credit toward program completion and advance more rapidly without
repeating course work in which they already possess competency;
(9) Cooperate with workforce investment boards in establishing
one-stop-shop career centers with integrated employment and
training and labor market information systems that enable job
seekers to assess their skills, identify and secure needed education training and secure employment and employers to locate
available workers;
(10) Increase the integration of adult literacy, adult basic
education, federal Work Force Investment Act and community and
technical college programs and services to expedite the transition
of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and
potential employers to access education and training programs
throughout the district.
(b) The community and technical college education consortium
shall cooperate with the regional workforce investment board in the
district and shall participate in any development or amendment to
the regional workforce investment plan.
(c) To carry out the provisions of this section, community and
technical college consortia planning districts are established and
defined as follows:
(1) Northern Panhandle Community and Technical College
District includes Hancock, Brooke, Ohio, Marshall and Wetzel
counties.
(A) The facilitating institution is West Virginia Northern
Community and Technical College.
(B) Participating institutions include West Virginia Northern
Community and Technical College; John Marshall High School; Cameron
High School; John D. Rockefeller Center; and other public vocational technical schools offering post-secondary programs.
(2) North Central West Virginia Community and Technical
College District includes Monongalia, Marion, Preston, Taylor,
Barbour, Randolph, Doddridge, Harrison, Braxton, Lewis, Calhoun,
Gilmer and Upshur counties.
(A) The facilitating institution is Pierpont Community and
Technical College, a division of Fairmont State University.
(B) Participating institutions include Pierpont Community and
Technical College, a division of Fairmont State University;
Glenville State College; Randolph County Vocational-Technical
Center; Monongalia County Technical Education Center; United
Technical Center; Marion County Technical Center; Fred W. Eberly
Technical Center; and other public vocational-technical schools
offering post-secondary programs.
(3) Mid-Ohio Valley Community and Technical College District
includes Tyler, Pleasants, Ritchie, Wood, Wirt, Jackson and Roane
counties.
(A) The facilitating institution is West Virginia University
at Parkersburg.
(B) Participating institutions include West Virginia
University at Parkersburg; West Virginia Northern Community and
Technical College; Roane-Jackson Technical Center; Gaston Caperton
Center; Wood County Technical Center; and other public
vocational-technical schools offering post-secondary programs.
(4) Potomac Highlands Community and Technical College District
includes Tucker, Pendleton, Grant, Hardy, Mineral and Hampshire
counties.
(A) The facilitating institution is Eastern West Virginia
Blue Ridge Community and Technical College.
(B) Participating institutions include Eastern West Virginia
Community and Technical College Blue Ridge Community and Technical
College; South Branch Career and Technical Center; Mineral County
Technical Center; and other public vocational-technical schools
offering post-secondary programs.
(5) Shenandoah Valley Community and Technical College District
includes Berkeley, Jefferson and Morgan counties.
(A) The facilitating institution is Blue Ridge Community and
Technical College.
(B) Participating institutions include Blue Ridge Community
and Technical College; James Rumsey Technical Institute; and other
public vocational-technical schools offering post-secondary
programs.
(6) Advantage Valley Community and Technical College District
includes Fayette, Kanawha, Clay, Putnam, Cabell, Mason and Wayne
counties.
(A) The facilitating institution is Marshall Community and
Technical College.
(B) Every five years the council shall:
(i) Evaluate the progress of the Advantage Valley Consortia
toward achieving the goals and benchmarks of its compact;
(ii) Evaluate the progress of each community and technical
college in the district toward achieving the goals and benchmarks
of its institutional compact;
(iii) Determine which community and technical college in the
district would best serve the needs of the district for the
following five-year period if serving as the facilitating
institution; and
(iv) Designate the community and technical college selected
pursuant to subparagraph (iii) of this paragraph to serve as the
facilitating institution for the following five-year period.
(C) Participating institutions include Marshall Community and
Technical College; the Community and Technical College at West
Virginia University Institute of Technology; West Virginia State
Community and Technical College; Carver Career Center; Garnet
Career Center; Ben Franklin Career Center; Putnam County
Vocational-Technical-Occupational Center; Cabell County
Career-Technical Center; and other public vocational-technical
schools offering post-secondary programs.
(7) Southern Mountains Community and Technical College
District includes Lincoln, Boone, Logan, Mingo, Wyoming and
McDowell counties.
(A) The facilitating institution is Southern West Virginia Community and Technical College.
(B) Participating institutions include Southern West Virginia
Community and Technical College; New River Community and Technical
College; Boone County Career and Technical Center; Wyoming County
Vocational-Technical Center; Ralph R. Willis Career and Technical
Center; McDowell County Career and Technology Center; Mingo County
Vocation-Technical Center; Charles Yeager Technical Center; and
other public vocational-technical schools offering post-secondary
programs.
(8) Southeastern Community and Technical College District
includes Raleigh, Summers, Fayette, Nicholas, Webster, Pocahontas,
Greenbrier, Monroe and Mercer counties.
(A) The facilitating institution is New River Community and
Technical College.
(B) Participating institutions include New River Community and
Technical College; Southern West Virginia Community and Technical
College; the Community and Technical College at West Virginia
University Institute of Technology; Bluefield State College;
Academy of Careers and Technology; Fayette Plateau
Vocation-Technology Center; Summers County High School; Monroe
County Technical Center; Mercer County Technical Center; and other
public vocational-technical schools offering post-secondary
programs.
(d) In the role of the facilitating institution of the community and technical college district, the college has the
following responsibilities:
(1) Communicates to the council;
(2) Facilitates the delivery of comprehensive community and
technical college education in the region, which includes the seven
areas of comprehensive community and technical college education
delivery as required by section six of this article; and
(3) Facilitates development of statement of commitment signed
by all participating institutions in the region as to how community
and technical college education will be delivered.
(e) Participating institutions are not subordinate to the
facilitating institution but will sign the statement of commitment
to participate.
(f) The following are responsibilities of the council: shall
(1) Maintain guidelines for community and technical college
consortia development;
(2) Set goals for each consortium based upon legislative goals
for the delivery of comprehensive community and technical college
education; and
(3) Maintain a format for developing and revising a consortium
compact outlining plans for achieving stated goals to be submitted
to the council annually for approval.
(g) On or before the fifteenth day of November each year each
consortium shall submit to the council for approval a compact which outlines plans for obtaining the stated goals. Each compact shall
include the implementation of seamless curricula and the West
Virginia EDGE, Earn a Degree, Graduate Early Program.
(h) The council annually shall evaluate the progress made in
meeting the compact goals for each community and technical college
consortia through the development and collection of performance
indicator data.
ARTICLE 3E. BLUE RIDGE COMMUNITY AND TECHNICAL COLLEGE.
§18B-3E-1. Legislative findings and intent.
(a) The Legislature finds that it is in the best interest of
West Virginia to maintain an effective, efficient delivery system
for comprehensive community and technical college education because
of its importance to the economic and social well-being of state
residents.
(b) The Legislature further finds that a need exists to
continue strengthening community and technical college education to
respond to the economic needs of the state for a highly trained,
competent workforce. It is the duty of the Legislature to make the
best use of available resources and to provide a blueprint that
will meet established state goals for community and technical
college education.
(c) It is the intent of the Legislature in enacting this
article, to focus on the advantages available to the Potomac
highlands, the Eastern Panhandle and citizens throughout West Virginia by providing greater access to high quality community and
technical college education programs.
§18B-3E-3. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Board" or "board of governors" means the institutional
board of Governors of Blue Ridge Community and Technical College;
(b) "Potomac Highlands Campus" or "branch campus" means the
education programs and facilities of the institution formerly known
as Eastern West Virginia Community and Technical College which are
located in Hardy County and which become part of Blue Ridge
Community and Technical College on the first day of July, two
thousand seven; and
(c) "President" means the chief executive officer of Blue
Ridge Community and Technical College.
§18B-3E-4. Eastern West Virginia Community and Technical College
to merge with Blue Ridge Community and Technical
College; authority and duty of Blue Ridge
Community and Technical College board of Governors.
(a) Notwithstanding any other provisions of this code to the
contrary, on the first day of July, two thousand seven, Eastern
West Virginia Community and Technical College ceases to be an
independent institution of higher education, is merged and consolidated with Blue Ridge Community and Technical College, and
is known as the Potomac Highlands Campus located in Hardy County.
Establishment of this multicampus community and technical college
provides an opportunity to implement more effective systems of
program delivery and to explore alternative organizational and
management structures best suited to serving the needs of students,
employers and the citizens of the state.
(b) Beginning on the effective date of this section, the
programs of the institution formerly known as Eastern West Virginia
Community and Technical College are operated under the procedures,
policies, rules and practices of the board of Governors of Blue
Ridge Community and Technical College.
(1) The title to all real property, facilities and equipment
of, as well as each valid agreement and obligation undertaken by,
the institution formerly known as Eastern West Virginia Community
and Technical College is transferred to the board of governors
which shall exercise general determination, control, supervision
and management of the financial, business and education policies
and affairs of the branch campus known as the Potomac Highlands
Campus.
(2) The president of Blue Ridge Community and Technical
College, in consultation with the board, shall determine which, if
any, of the employees of the institution formerly known as Eastern
West Virginia Community and Technical College shall be retained by Blue Ridge Community and Technical College following the merger and
consolidation as provided in this section and shall provide
official notice to each employee of his or her employment status by
the fifteenth day of July, two thousand seven.
(A) For employees who are not retained, the official notice
shall contain a date of termination which may not be later than the
thirty-first day of December, two thousand seven.
(B) Any employee who is not retained following the completion
of the merger and consolidation may not utilize or be subject to
the provisions of section one, article seven of this chapter or any
other provisions of this code or rules of the board of governors or
council regarding layoffs, reductions in force, retention, or
recall.
(C) Any employee who is retained at the completion of the
merger and consolidation is considered as having no break in
service for calculation of years of service, seniority, or
continued employment by the state.
(c) It is the duty of the board to adopt policies, procedures
and standards that authorize, support and encourage the Potomac
Highlands Campus to fulfill the mission of the institution formerly
known as Eastern West Virginia Community and Technical College. It
is further the duty of the board specifically to facilitate
delivery of a comprehensive program of community and technical
college education in the counties of Grant, Hampshire, Hardy, Mineral, Pendleton and Tucker. To that end, the board shall expend
from the appropriations allocated for the institution formerly
known as Eastern West Virginia Community and Technical College
such funds as are necessary or expedient to operate and conduct
programs, to acquire clear title to any real property and to make
necessary capital improvements. The title to all property
purchased for the use of the Potomac Highlands Campus located in
Hardy County is vested in the board.
(d) Subject to the intent of the Legislature as stated in this
article, Blue Ridge Community and Technical College may offer such
curricula, programs, courses and services at the Potomac Highlands
Campus as are approved by its governing board and the council, if
appropriate. The branch campus shall continue to serve as a
delivery platform for higher education in the Potomac highlands.
(e) By the first day of October, two thousand seven, and
periodically thereafter as directed, the council shall report to
the Legislative Oversight Commission on Education Accountability on
the implementation of this article.
ARTICLE 6. ADVISORY COUNCILS.
§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, Marshall Community and
Technical College, New River Community and Technical College, West
Virginia Northern Community and Technical College, 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) (e) "Council" means the West Virginia Council for
Community and Technical College Education created pursuant to
section three, article two-b of this chapter.
(g) (f) "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) (g) "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) (h) "State institution of higher education", in the
singular or plural, means the institutions as defined in section
two, article one of this chapter Blue Ridge Community and Technical
College, Bluefield State College, Concord State University,
Fairmont State University, Glenville State College, Marshall
Community and Technical College, Marshall University, New River
Community and Technical College, Shepherd University, Southern West
Virginia Community and Technical College, the Community and
Technical College at West Virginia University Institute of
Technology, West Liberty State College, West Virginia State
Community and Technical College, West Virginia State University,
West Virginia Northern Community and Technical College, West
Virginia School of Osteopathic Medicine, West Virginia University, West Virginia University at Parkersburg, and, additionally,
Pierpont Community and Technical College, a division of Fairmont
State University, Potomac State College of West Virginia
University, the Potomac Highlands Campus of Blue Ridge Community
and Technical College, Robert C. Byrd Health Sciences Charleston
Division of West Virginia University, 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 make Eastern West Virginia
Community and Technical College a fully-integrated branch campus of
Blue Ridge Community and Technical College to be known as the
Potomac Highlands Campus.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18B-3E-1 has been rewritten; therefore, strike-throughs and
underscoring have been omitted.
§18B-3E-3 and §18B-3E-4 are new; therefore, strike-throughs
and underscoring have been omitted.