Adopted by House 4-10-2009
SB373 HFIN AM 4-8 McO
The Committee on Finance moves to amend the bill on page
three, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"That §18C-7-8 of the Code of West Virginia, 1931, as amended,
repealed; that said code be amended by adding thereto a new
section, designated §18B-1D-9; that §18B-2A-1 of said code be
amended and reenacted; that §18C-1-1 and §18C-1-5 of said code be
amended and reenacted; and that §18C-7-3, §18C-7-4, §18C-7-5, §18C-
7-6, §18C-7-7 and §18C-7-8 of said code be amended and reenacted,
all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.
§18B-1D-9. Commission, Council and institutional governing board
training and development.
(a) The Commission and Council, either jointly or separately,
shall coordinate periodic training and development opportunities
for members of the Commission, Council and institutional governing
boards.
(b) Within six months of beginning service on the Commission,
Council or a board, each new member shall complete at least three
hours of training and development. The training and development
shall address the following topics:
(1) State goals, objectives and priorities for higher education;
(2) The accountability system for higher education set forth
in this article;
(3) The general powers and duties of members; and
(4) Ethical considerations arising from board membership.
(c) Within two years of beginning service on a board, and
within every two years of service thereafter, each board member
shall complete at least six hours of training and development
related to his or her duties.
(d) Annually by July 31, the chair of the Commission, Council
and each governing board shall certify to the Commission or
Council, as appropriate, the number of hours of training and
development that each board member received during the preceding
fiscal year.
(e) If the certification indicates that a board member has not
completed the training and development required by this section,
the Commission or Council, as appropriate, shall send a notice to
the Governor and the Secretary of State that the board member is
disqualified from continued service, and request that the Governor
appoint a replacement for that board member.
(f) The Commission and Council shall report annually by
September 30, to the Legislative Oversight Commission on Education
Accountability on the training and development that members of the
Commission and Council and governing boards under their respective
jurisdictions have received during the preceding fiscal year.
(g) As used in this section, "board member" includes a member of the Commission, Council or a governing board.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
establishment of boards for independent community
and technical colleges
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, The Community and Technical College at West
Virginia University Institute of Technology, Concord University,
Eastern West Virginia Community and Technical College, Fairmont
State University, Glenville State College, Marshall Community and
Technical College, Marshall University, New River Community and
Technical College, Pierpont 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 Community and Technical
College, West Virginia State University and West Virginia
University, and West Virginia University at Parkersburg.
(b) Independent community and technical colleges established.
--
Effective July 1, 2008, the board of advisors is abolished and
A board of governors is established for Marshall Community and
Technical College; Pierpont Community and Technical College, formerly a division of Fairmont State University; The Community and
Technical College at West Virginia University Institute of
Technology; West Virginia State Community and Technical College;
and West Virginia University at Parkersburg.
(c)(A) In making the initial appointments to these boards of
governors, the Governor may appoint those persons who are lay
members of the boards of advisors by June 30, 2008.
(B) At the end of the initial term, and thereafter An
appointment to fill a vacancy on the board or reappointment of a
member who is eligible to serve an additional term is made in
accordance with the provisions of this section.
(c)(B) The institutional boards of governors for Marshall
University and West Virginia University consist of sixteen persons.
The boards of governors of the other state institutions of higher
education consist of twelve persons.
(d) 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) For the governing boards of institutions under the
jurisdiction of the Commission, an additional full-time member of
the faculty with the rank of instructor or above duly elected by
the faculty of the respective institution and representing a center
of excellence designated in the institutional compact;
(3) For the governing boards of institutions under the
jurisdiction of the Council, an additional full-time member of the
faculty in a high-demand technical program consistent with
subdivision six, subsection (b), section three, article one-d of
this chapter, with the rank of instructor or above duly elected by
the faculty of the respective institution;
(4) 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) (5) A member from the institutional classified employees
duly elected by the classified employees of the respective
institution; and
(4) (6) For the institutional board of governors at Marshall
University, thirteen eleven lay members appointed by the Governor,
by and with the advice and consent of the Senate, pursuant to this
section, and additionally, the dean of the school of medicine or
his or her designee;
(5) (7) For the institutional board of governors at West Virginia University, twelve nine lay members appointed by the
Governor, by and with the advice and consent of the Senate,
pursuant to this section, and additionally:
(A) The chairperson of the board of Visitors of West Virginia
University Institute of Technology;
(B) A full-time employee representing the extension service at
the institution, selected by the extension service employees; and
(C) The dean of the school of medicine or his or her designee;
(6) (8) For each institutional board of governors of the other
state institutions of higher education, nine eight lay members
appointed by the Governor, by and with the advice and consent of
the Senate, pursuant to this section.
(e) Of the nine eight members appointed by the Governor, no
more than five may be of the same political party. Of the thirteen
eleven members appointed by the Governor to the governing board of
Marshall University, no more than eight six may be of the same
political party. Of the twelve nine members appointed by the
Governor to the governing board of West Virginia University, no
more than seven five may be of the same political party.
(f) Of the nine eight members appointed by the Governor, at
least six four shall be residents of the state. Of the thirteen
eleven members appointed by the Governor to the governing board of
Marshall University, at least eight six shall be residents of the
state. Of the twelve nine members appointed by the Governor to the
governing board of West Virginia University, at least eight five
shall be residents of the state.
(g) In making lay appointments, the Governor shall:
(1) Consider the need for individual skills, knowledge and
experience relevant to governing the institution; the need for
awareness and understanding of institutional problems and
priorities, including those related to research, teaching and
outreach; and the value of gender, racial and ethnic diversity;
(2) Seek balance in gender and diversity in the racial and
ethnic characteristics of the lay membership of each board; and
(3) Appoint to each governing board the superintendent of a
county board of education from the area served by the institution.
(f)(h) The student member serves for a term of one year. Each
term begins on the first day of July.
(g) The (i) Each employee and faculty member serves for a term
of two years. Each term begins on the first day of July. Employee
and faculty members are eligible to succeed themselves for three
additional terms, not to exceed a total of eight consecutive years.
(h)(j) 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)(k) The appointed lay citizen members serve terms of up to
four years each and are eligible to succeed themselves for no more
than one additional term.
(j)(l) 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 30 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. except for the fiscal year
beginning July 1, 2008, only, when the board shall elect the
chairperson in July A member may not serve as chairperson for more
than four consecutive years.
(k)(m) The appointed members of the institutional boards of
governors serve staggered terms of up to four years except that
four of the initial appointments to the governing boards of
community and technical colleges which become that became
independent July 1, 2008, are for terms of two years and five of
the initial appointments are for terms of four years.
(l)(n) 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; an employee of any institution of
higher education in West Virginia; an officer or member of any
political party executive committee; the holder of any other public
office or public employment under the government of this state or
any of its political subdivisions; an employee of any affiliated
research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and
operated in support of one or more state institutions of higher
education; or a member of the Council or Commission. This
subsection does not prevent the representative representatives from
the employees, faculty, classified employees, students, or the
superintendent of a county board of education serving pursuant to
subsection (d) of this section 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 a board of visitors of
any public institution of higher education in West Virginia; 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; an employee of any affiliated research
corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; 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)(o) 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)(p) 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)(q) 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.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.
§18C-1-1. Legislative findings; purpose; administration generally;
reporting.
(a) The Legislature finds makes the following findings:
(1) That Although enrollments in institutions of higher education in this state and throughout the nation continue to
increase at a rapid pace, there continues to exist an
underdevelopment of West Virginia has not developed sufficiently
the state's human talent and resources because of the inability of
many able, but needy, students are not able to finance a higher
education program;
(2) That The state can achieve its full economic and social
potential only when the following elements are in place:
(A) Every individual has the opportunity to contribute to the
full extent of his or her capability; and
(B) The state assists in removing such financial barriers to
the individual's education goals as may that remain after he or she
has utilized used all resources and work opportunities available;
(b) The ultimate state goal in providing student financial aid
is to create a culture that values education, to improve the
quality of the state's workforce and thereby to enhance the quality
of life for the citizens of West Virginia.
(c) The Vice Chancellor for Administration jointly employed by
the Commission and the Council has a ministerial duty to
administer, oversee or and monitor all state and federal student
loan, scholarship and state student financial aid programs which
are administered at the state level in accordance with established
guidelines rules under the direction of the Commission and Council
and in consultation with the Higher Education Student Financial Aid
Advisory Board.
(d) Such These programs include, but are not limited to, the following programs: pursuant to the provisions of this chapter
(1) The Guaranteed Student Loan Program, which may be
administered by a private nonprofit agency;
(2) The Medical Student Loan Program;
(3) The Underwood-Smith Teacher Scholarship Program;
(4) The Engineering, Science and Technology Scholarship
Program;
(5) The West Virginia Higher Education Grant Program;
(6) The Higher Education Adult Part-Time Student Grant
Program;
(7) The West Virginia Providing Real Opportunities for
Maximizing In-State Student Excellence (PROMISE) Scholarship
Program;
(7) (8) The Higher Education Student Assistance Loan Program
under established pursuant to article twenty-two-d, chapter
eighteen of this code;
(8) (9) The West Virginia College Prepaid Tuition and Savings
Program under established pursuant to article thirty, chapter
eighteen of this code, which is administered by the State
Treasurer;
(9) (10) The state aid programs for students of optometry,
pursuant to article three of this chapter;
(10) (11) The state aid programs for students of veterinary
medicine pursuant to section six-a, article eleven, chapter
eighteen of this code;
(11) (12) Any reciprocal program and contract program for student aid under established pursuant to sections three and four,
article four, chapter eighteen-b of this code;
(12) (13) Any other state-level student aid program programs
in this code; and
(13) (14) Any federal grant or contract student assistance or
support programs administered at the state level.
(e) Notwithstanding any provision of this chapter to the
contrary, the Vice Chancellor for Administration shall prepare a
single, comprehensive report regarding the implementation of the
financial aid programs identified in subsection (d) of this section
which are administered under his or her supervision. The report
shall be provided to the Commission and the Council and shall be
presented to the Legislative Oversight Commission on Education
Accountability no later than November 30, 2009, and annually
thereafter. The report shall address all financial aid issues for
which reports are required in this code, as well as any findings
and recommendations.
§18C-1-4. Eligibility of commuting students and children of
military personnel for state funded student financial aid,
grants and scholarships.
(a) Notwithstanding any other provision of this code or rule
to the contrary, a student who attended a public or private high
school outside the state is eligible for state funded student
financial aid, grants and scholarships if:
(1) The student meets all other eligibility requirements for the aid, grant or scholarship; and either
(2) The student resided in West Virginia while attending high
school in another state, and:
(A) The student resided with his or her parent or legal
guardian who:
(i) Was a resident of this state; and
(ii) Had been a resident of this state for at least two years
immediately preceding the student's attendance at the school;
(B) The student commuted during the school term on a daily
basis from this state to the school;
(C) The student is a dependent of the parent or legal guardian
upon which eligibility is based;
(D) The student has not established domicile outside the
state; and
(E) At the discretion of the State Superintendent of Schools,
as defined in section one, article one, chapter eighteen of this
code:
(i) The school is fully accredited in that state to the degree
acceptable to the State Superintendent of Schools; and
(ii) The school's curriculum requirements for graduation are
equivalent to the curriculum requirements for graduation in this
state, or sufficiently similar to those requirements, as determined
by the State Superintendent of Schools. or
(b) Notwithstanding any other provision of this code or rule
to the contrary, a student who attended a public or private high
school outside the state is eligible for state funded student financial aid, grants and scholarships if:
(1) The student meets all other eligibility requirements for
the aid, grant or scholarship; and
(2) The student resided and attended high school in another
state or a United States territory, United States possession or
foreign country and:
(A) The student resided with his or her parent or legal
guardian; and
(B) The student's parent or legal guardian:
(i) Served in the United States armed forces while the student
attended high school in such state, territory, possession or
country;
(ii) Was stationed for military purposes in such state,
territory, possession or country; and
(iii) Maintained legal residence in West Virginia while
stationed in such state, territory, possession or country.
(b) This section may not be construed to alter, amend or
extend any application deadlines or other requirements established
by law or policy.
(c) The provisions of this section expire on the thirtieth day
of June, two thousand ten.
§18C-1-5. Higher Education Student Financial Aid Advisory Board.
(a) The Higher Education Student Financial Aid Advisory Board
is established.
(b) The purpose of the board is to provide financial aid expertise and policy guidance to the Commission, the Council the
PROMISE Scholarship Board, and the Vice Chancellor for
Administration and the Executive Director of the PROMISE
Scholarship Programs on all matters related to federal, state and
private student financial aid resources and programs.
(c) It is the intent of the Legislature that the advisory
board have the following responsibilities:
(1) Recommend methods to balance the needs of state students
from all levels of financial need and academic ability by focusing
attention on multiple financial aid programs which meet a variety
of state objectives;
(2) Recommend methods for achieving a comprehensive system of
student financial aid: (A) to maximize the return on the state's
investment in such student financial aid programs by increasing the
skills, qualifications and education achievement of the citizens
receiving the benefits; and
(B) (3) To establish Recommend methods for coordinating
administration among to coordinate state-funded student financial
aid programs so that the state achieves the appropriate blend of
student financial aid programs to expand the range of economic
opportunities available to state citizens;
(4) Recommend ways to improve state-level administration of
financial aid programs for the benefit of students and
institutions;
(5) Recommend ways to improve financial aid outreach
activities;
(6) Make recommendations, consistent with the nature of the
PROMISE scholarship program as a merit-based student financial aid
program.
(7) Recommend rules that align with the goals, objectives and
priorities set forth in section one-a, article one, chapter
eighteen-b of this code and article one-d of said chapter and with
other state and system public policy goals, objectives and
priorities.
(d) The Advisory Board consists of twelve members as follows:
(1) The chair of the Higher Education Policy Commission or a
designee who is a member of the Commission;
(2) The chair of the West Virginia Council for Community and
Technical College Education or a designee who is a member of the
Council;
(3) The State Superintendent of Schools or a designee;
(4) The Secretary of Education and the Arts or a designee;
(5) The State Treasurer or a designee;
(6) A member of the PROMISE Scholarship Board selected by that
board;
(7) Three financial aid administrators, excluding the
president of the West Virginia Association of Student Financial Aid
Administrators.
(A) All financial aid administrators are appointed by the Vice
Chancellor for Administration in consultation with the Commission
and the Council, as appropriate. Of the initial appointments, the
vice chancellor shall appoint one member to a two-year term, one member to a three-year term and one member to a four-year term.
Thereafter, all terms are for four years.
(B) It is the duty of the Vice Chancellor for Administration
to select financial aid administrators so that the following types
of institutions have representatives serving on the board on a
rotating basis:
(i) State institutions of higher education which are doctoral-
degree granting research universities;
(ii) State institutions of higher education which primarily
grant baccalaureate degrees;
(iii) State institutions of higher education which are
free-standing community and technical colleges;
(iv) State institutions of higher education which are
administratively linked community and technical colleges; and
(v) Private institutions of higher education which are
regionally accredited and located within the state.
(8) Three at-large private sector members who are appointed
jointly by the Commission and the Council. Of the initial
appointments, the Commission and the Council jointly shall appoint
one member to a two-year term, one member to a three-year term and
one member to a four-year term. Thereafter, all terms are for four
years.
(A) At-large members shall:
(i) Be representative of the state's business and economic
community;
(ii) Demonstrate knowledge, skill and experience in an academic, business or financial field; and
(iii) Reside within this state.
(B) An at-large member may not be:
(i) A member of a governing board or institutional board of
advisors of any public or private institution of higher education;
nor
(ii) A publicly elected official or an employee of any state,
county or municipal agency.
(e) No more than two of the at-large members may be from the
same political party and no more than one may reside in any
congressional district.
(1) After the initial appointments, each appointed member
serves a term of four years and may be reappointed upon expiration
of the term.
(2) In the event of a vacancy among appointed members, the
Commission and the Council shall appoint a person for the remainder
of the unexpired term to represent the same interests as those of
the original appointee. A person appointed to fill a vacancy is
eligible for reappointment. Unless a vacancy occurs due to death
or resignation, an appointed member continues to serve until a
successor has been appointed and qualified as provided in this
section.
(d) Advisory board membership. --
(1) The advisory board shall consist of seven members selected
as follows:
(A) Three members appointed by the Commission;
(B) Two members appointed by the Council;
(C) One member appointed by the West Virginia Independent
Colleges and Universities; and
(D) One member appointed by the West Virginia School Counselor
Association.
(2) Members appointed by the Commission and the Council shall
possess a broad knowledge of state and federal higher education
student financial aid programs and have experience in administering
these programs, preferably at the campus or system level.
(3) The initial appointments of members shall be made as
follows:
(A) The Commission shall appoint one member to a one-year
term, one member to a two-year term and one member to a three-year
term;
(B) The Council shall appoint one member to a one-year term
and one member to a three-year term;
(C) The West Virginia Independent Colleges and Universities
shall appoint one member to a one-year term; and
(D) The West Virginia School Counselor Association shall
appoint one member to a two-year term.
(4) After the initial terms are completed, appointments shall
be made as follows:
(A) Members shall be appointed for three-year terms; and
(B) Members are eligible to succeed themselves for one
additional consecutive term.
(5) The term of each member begins on July 1 of the year in which the appointment is made and ends on June 30 of the year in
which the appointment expires.
(e) The first meeting of the advisory board shall be called by
the Vice Chancellor for Administration, at which time the members
shall elect a chairperson for an initial term ending on July 31,
2010. The chairperson may succeed himself or herself for an
additional one-year term as chairperson. Thereafter, the term of
the chairperson is for one year beginning on August 1 of the year
in which elected and ending on July 31 of the following year. A
member may not serve more than two consecutive terms as
chairperson.
(f) In the event of a vacancy, a successor shall be appointed
by the entity which appointed the vacating member for the unexpired
term of the vacating member. A person appointed to fill a vacancy
is eligible for reappointment for one additional consecutive term
unless the time remaining in the unexpired term is less than six
months in which case the person filling the vacancy is eligible for
reappointment for two additional terms.
(f) (g) Members of the advisory board serve without
compensation, but are entitled to reimbursement by the Commission
for expenses, including travel expenses, which are actually
incurred by the member in the official conduct of the business of
the advisory board. Members are reimbursed in a manner consistent
with rules of the Higher Education Policy Commission.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.
§18C-7-3. Definitions.
(a) General. -- For the purposes of this article, terms have
the meaning ascribed to them in section two, article one of this
chapter, unless the context in which the term is used clearly
requires a different meaning or a specific definition is provided
in this section.
(b) Definitions. --
(a) (1) "Eligible institution" means:
(1) (A) A state institution of higher education as defined in
section two, article one, chapter eighteen-b of this code;
(2) (B) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, Davis and Elkins College, Mountain State
University, Ohio Valley University, the University of Charleston,
West Virginia Wesleyan College and Wheeling Jesuit University, all
in West Virginia. Any institution listed in this subdivision
ceases to be an eligible institution if it meets either of the
following conditions:
(A) (i) Loses It loses regional accreditation; or
(B) (ii) Changes It changes its status as a private, not-for-
profit institution;
(3) (C) Any for-profit institution that meets the following
criteria:
(i) Is regionally accredited through the Higher Learning
Commission of the North Central Association of Colleges and Schools; and
(ii) Has a physical campus in West Virginia at which the
eligible student attends classes;
(D) Any other public or private regionally accredited
institution in this state public or private, approved by the board
commission.
(b) "Board" means the West Virginia PROMISE Scholarship Board
of the West Virginia PROMISE Scholarship Program as provided for in
section four of this article.
(c) (2) "Tuition" means the quarter, semester or term charges
imposed by a an eligible state institution of higher education and,
additionally, all mandatory fees required as a condition of
enrollment by all students. For the purposes of this article, the
following conditions apply:
(A) West Virginia University, Potomac State College and West
Virginia University Institute of Technology are considered separate
institutions for purposes of determining tuition rates; and
(B) The tuition amount paid by undergraduate health sciences
students at West Virginia University is considered to be the same
as the amount of tuition paid by all other West Virginia University
undergraduate students.
(d) (3) "Enrolled" means either currently enrolled or in the
process of enrolling in an eligible institution.
§18C-7-4. Dissolution of the PROMISE Scholarship Board; transfer
of funds.
(a) The West Virginia PROMISE Scholarship Board is hereby
dissolved.
(b) All funds administered by the former PROMISE Scholarship
Board shall be administered by the Higher Education Policy
Commission.
§18C-7-5. Powers and duties of the West Virginia Higher Education
Policy Commission regarding the PROMISE Scholarship.
(a) Powers of board Commission. -- In addition to the powers
granted by any other provision of this article code, the board
Commission has the powers necessary or convenient to carry out the
purposes and provisions of this article including, but not limited
to, the following express powers:
(1) To adopt and amend bylaws;
(2) (1) To propose promulgate legislative rules to the
Commission for promulgation in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to effectuate
the purposes of this article;
(3) (2) To invest any of its funds at the board's discretion,
the funds of the West Virginia PROMISE Scholarship Fund established
in section seven of this article with the West Virginia Investment
Management Board in accordance with the provisions of article six,
chapter twelve of this code. Any investments made under pursuant
to this article shall be made with the care, skill, prudence and
diligence under the circumstances then prevailing that a prudent
person acting in a like capacity and familiar with such matters would use in the conduct of conducting an enterprise of a like
character and with like aims. Fiduciaries shall diversify plan
investments to the extent permitted by law so as to minimize the
risk of large losses, unless under the circumstances it is clearly
prudent not to do so;
(4) (3) To execute contracts and other necessary instruments;
(5) (4) To impose reasonable requirements for residency for
students applying for the PROMISE scholarship. Except as provided
in section four, article one of this chapter, the requirements
shall include that an eligible a student must shall have met the
following requirements to be eligible:
(A) Completed at least one half of the credits required for
high school graduation in a public or private high school in this
state; or
(B) Received instruction in the home or other approved place
pursuant to Exemption B subsection (c), section one, article eight,
chapter eighteen of this code for the two years immediately
preceding application;
(C) This subdivision subsection may does not be construed to
establish residency requirements for matriculation or fee payment
purposes at state institutions of higher education;
(6) (5) To contract for necessary goods and services, to
employ necessary personnel and to engage the services of private
persons for administrative and technical assistance in carrying out
the responsibilities of the scholarship program. Any services
provided or secured to implement or administer the provisions of this section remain under the direction and authority of the Vice
Chancellor for Administration;
(A) The board is encouraged to utilize the employees of the
Vice Chancellor for Administration to provide administrative and
technical assistance.
(B) Any services provided for the board by such employees
remain under the direction and authority of the vice chancellor.
(7) (6) To solicit and accept gifts, including bequests or
other testamentary gifts made by will, trust or other disposition,
grants, loans and other aid from any source and to participate in
any federal, state or local governmental programs in carrying out
the purposes of this article;
(8) (7) To define the terms and conditions under which
scholarships are awarded with the minimum requirements being set
forth in section six of this article; and
(9) (8) To establish other policies, procedures and criteria
necessary to implement and administer the provisions of this
article.
(b) Duties of board Commission. -- In addition to any duty
required by any other provision of this article code, the board
Commission has the following responsibilities:
(1) To operate the program in a fiscally responsible manner
and within the limits of available funds;
(2) To operate the PROMISE Scholarship program as a merit-
based program;
(3) To raise adjust academic eligibility requirements before taking any other steps to limit student awards should projections
indicate that available funds will not be sufficient to cover
future costs; and
(4) To maintain contact with graduates who have received
PROMISE scholarships and to provide a written statement of intent
to recipients who are selected to receive a PROMISE scholarship
after the effective date of this section notifying them that
acceptance of the scholarship entails a responsibility to supply
the following:
(A) Information requested by the board Commission to determine
the number and percentage of recipients who shall:
(i) (i) Continue to live in West Virginia after graduation;
(ii) (ii) Obtain employment in West Virginia after graduation;
and
(iii) (iii) Enroll in post-graduate education programs; and
(B) For PROMISE scholars who enroll in post-graduate education
programs, the name of the state in which each post-graduate
institution is located; and
(B) (C) Such Any other relevant information as the board may
Commission reasonably request requests to implement the provisions
of this subdivision;
(5) To analyze and use the data collected pursuant to
subdivision (4) of this subsection to, and:
(A) Report the findings annually to the Joint Standing
Committee on Education by the tenth day of January, two thousand
seven and annually thereafter Legislative Oversight Commission on Education Accountability; and
(B) Make annual recommendations annually to the Joint Standing
Committee on Education Legislative Oversight Commission on
Education Accountability regarding any actions the board Commission
considers necessary or expedient to encourage PROMISE recipients to
live and work in the state after graduation.
§18C-7-6. Promise scholarship program requirements; legislative
rule.
(a) A PROMISE scholarship annual award meets shall meet the
following conditions:
(1) Equals but does not exceed the cost of tuition for a
student enrolled in a state institution of higher education;
(2) Equals an amount determined by the board, but not to
exceed the cost of tuition at state institutions of higher
education, for a student enrolled in an eligible institution that
is not a state institution of higher education;
(1) For a student enrolled in a state institution of higher
education, the annual award is equal to the lesser of the cost of
tuition or $4,750, except that a student who was awarded and used
a PROMISE scholarship annual award prior to January 1, 2010, shall
continue to receive the annual award calculated under the same
terms and conditions that applied on the day before the effective
date of this article;
(2) For a student enrolled in an eligible institution other
than a state institution of higher education, the annual award is equal to, but may not exceed, the lesser of the cost of tuition or
$4,750, except that a student who was awarded and used a PROMISE
scholarship annual award prior to January 1, 2010, shall continue
to receive the annual award calculated under the same terms and
conditions that applied on the day before the effective date of
this article;
(3) The annual award may exceed $4,750, if the Commission
determines that adequate funds are available, but in any case, may
not be greater than the actual cost of tuition;
(3) Is (4) The annual award shall be used by an eligible
institution to supplement, but may not to supplant, a tuition and
fee waiver for which the individual is eligible pursuant to section
five, six-a, or seven or seven-b, article ten, chapter eighteen-b
of this code.
(b) The total cost of all scholarships awarded by the board
Commission in any year may not exceed the amount of funds available
to the board Commission during that fiscal year.
(c) An individual shall meet the following conditions in In
order to be eligible to receive a PROMISE scholarship award an
individual shall:
(1) Submit a scholarship award application to the board
Commission:
(A) Within two years of graduating from high school or within
two years of acquiring a general equivalency degree if provided
instruction in the home or other approved place pursuant to
Exemption B subsection (c), section one, article eight, chapter eighteen of this code; or
(B) Within seven years of initially entering military service,
and within one year of discharge from such military service, if the
individual has entered the United States armed services within two
years after graduating from high school;
(2) Apply for and submit to the board a Free Application for
Federal Student Aid;
(3) Maintain a grade point average of at least 3.0 on a 4.0
grading scale in the required core and elective course work
necessary to prepare students for success in post-secondary
education at the associate and baccalaureate degree levels as
determined by the board Commission, if the individual has completed
not more than one semester or term at an institution of higher
education, excluding credits earned in advanced placement,
international baccalaureate, dual credit and comparable courses
while the student is enrolled in high school;
(4) Maintain appropriate academic progress toward the
completion of a degree at the undergraduate education level as
determined by the board Commission if the individual has completed
more than one semester or term at an institution of higher
education, excluding credits earned in advanced placement,
international baccalaureate, dual credit and comparable courses
while the student is enrolled in high school;
(5) Be a United States citizen or legal immigrant to the
United States;
(6) Meet additional objective standards as the board Commission considers necessary to promote academic excellence and
to maintain the financial stability of the fund; and
(6) (7) Enroll in an eligible institution. Any A student
enrolled at an eligible institution who receives a PROMISE
scholarship award may retain and renew the scholarship to complete
his or her undergraduate education at that institution or any other
eligible institution under the following circumstances:
(A) If The institution at which the student is enrolled loses
its status as an eligible institution pursuant to the provisions of
subdivision (2), subsection (a), section three subdivision (1),
subsection (b) of this article; and
(B) If The student meets all other renewal requirements of
this code and of board Commission rules.
(7) (d) It is the intent of the Legislature that the board
Commission shall strongly encourage prospective candidates for the
PROMISE scholarship to perform at least twenty hours of unpaid
community service while in high school to help prepare them for
success in post-graduate post-secondary education. The community
service may include, but is not limited to, participation with
nonprofit, governmental or community-based organizations designed
to with any or all of the following purposes:
(A) Improve (1) Improving the quality of life for community
residents;
(B) Meet (2) Meeting the needs of community residents; or
(C) Foster (3) Fostering civic responsibility.
(d) The board shall recommend a legislative rule to the Commission to implement the provisions of this article.
(e) The Commission shall promulgate a legislative rule in
accordance with the provisions of article three-a, chapter twenty-
nine-a of this code.
(1) The rule shall include at least the following provisions:
(A) The amount of a PROMISE scholarship award may not exceed
the cost of tuition at state institutions of higher education;
(B) (A) The amount of a PROMISE scholarship award in
combination with aid from all other sources may not exceed the cost
of education at the institution the recipient is attending. This
provision does not apply to members of the West Virginia National
Guard, recipients of an Underwood-Smith teacher scholarship and
recipients of a West Virginia engineering, science and technology
scholarship;
(C) (B) Additional objective standards as the board Commission
considers necessary:
(i) To promote academic excellence;
(ii) To maintain the financial stability of the fund; and
(iii) To operate the program within the limits of available
funds.
(D) (C) Provisions for making the highest and best use of the
PROMISE Scholarship Program in conjunction with the West Virginia
Prepaid Tuition Trust Act West Virginia College Prepaid Tuition and
Savings Program Act set forth in article thirty, chapter eighteen
of this code;
(E) (D) A provision defining the relationship of PROMISE scholarship awards to all other sources of student financial aid to
ensure maximum coordination. The provision shall include the
following:
(i) Methods to maximize student eligibility for federal
student financial aid;
(ii) A requirement that PROMISE scholarship awards not
supplant tuition and fee waivers; and
(iii) Clarification of the relationship between the PROMISE
Scholarship Program, tuition savings plans and other state-funded
student financial aid programs;
(F) (E) A method for awarding scholarships within the limits
of available appropriations, including circumstances when program
funds are not sufficient to provide awards to all eligible
applicants. The board Commission may not utilize use any of the
following methods:
(i) Making the Providing for an annual PROMISE scholarship
award for an amount that is less than the cost of full tuition for
a student enrolled in a state institution of higher education
amounts provided for in this section; or
(ii) Eliminating any current recipient from eligibility; and
(G) (F) A method for applicants to appeal determinations of
eligibility and renewal.
(2) The rule may provide for or require the following at the
board's Commission's discretion:
(A) Requiring repayment of the amount of the scholarship, in
whole or in part, if a scholarship recipient chooses to work outside the state after graduation. Provided, That The rule may
not require a recipient to repay a scholarship, in whole or in
part, unless the prospective recipient has been informed of this
requirement in writing before initial acceptance of the PROMISE
scholarship award;
(B) Targeting a portion of the scholarship funds to be used
for applicants enrolled in an engineering, science, technology or
other designated program;
(C) Determining what other sources of funding for higher
education are to be deducted from the PROMISE scholarship award;
and
(D) Providing additional criteria as determined by the board
Commission.
(3) The Legislature finds that an emergency exists and,
therefore, the board Commission shall file a rule to implement the
provisions of this section as an emergency rule pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code.
The rule is subject to the prior approval of the Legislative
Oversight Commission on Education Accountability.
(4) Any rule promulgated by the Commission pursuant to
previous enactments of this article in effect on the effective date
of the amendment and reenactment of this article in the year 2009
remains in effect until amended, modified, repealed or replaced by
the Commission.
§18C-7-7. West Virginia PROMISE Scholarship Fund continued.
(a) The special revenue fund in the State Treasury designated
and known as the PROMISE Scholarship Fund is continued. The fund
consists of moneys from the following sources:
(1) All appropriations to the fund from the West Virginia
Lottery, video lottery and taxes on amusement devices;
(2) All appropriations by the Legislature for the PROMISE
Scholarship Fund;
(3) Any gifts, grants or contributions received for the
PROMISE Scholarship Program; and
(4) All interest or other income earned from investment of the
fund.
(b) The allocations to the fund are subject to appropriation
by the Legislature. Nothing in this article requires any specific
level of funding by the Legislature nor guarantees nor entitles any
individual to any benefit or grant of funds.
(c) For the fiscal year beginning July 1, 2006, it is the
intent of the Legislature that the aggregate of the amount of
moneys transferred to the fund pursuant to section eighteen-a,
article twenty-two, chapter twenty-nine of this code, and such any
other amounts of public moneys that may be transferred to the fund
by appropriation of the Legislature, shall equal, but may not
exceed, $40 million. For each fiscal year thereafter until and
including the fiscal year ending June 30, 2011 2009, it is the
intent of the Legislature that this aggregate be an amount two
percent greater than the aggregate established by this subsection
for the prior fiscal year. For the fiscal year beginning July 1, 2009, it is the intent of the Legislature that the aggregate of the
amount of moneys transferred to the fund pursuant to section
eighteen-a, article twenty-two, chapter twenty-nine of this code
and any other amounts of public moneys that may be transferred to
the fund by appropriation of the Legislature, shall equal $45
million. For the fiscal year beginning July 1, 2010, it is the
intent of the Legislature that the aggregate of the amount of
moneys transferred to the fund shall equal $48 million. For the
fiscal year beginning July 1, 2011, and every fiscal year
thereafter, it is the intent of the Legislature that the aggregate
of the amount of moneys transferred to the fund shall equal
$47,500,000 For the fiscal year beginning July 1, 2011, and in
each fiscal year thereafter, it is the intent of the Legislature
that this aggregate not exceed the aggregate established by this
subsection for the fiscal year beginning July 1, 2011.
(d) The board Commission may expend the moneys in the fund to
implement the provisions of this article."