WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, March 5, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Mary Snow, Ecumenical Action Chairwoman,
Church Women United, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, March 4, 2004,
On motion of Senator Caldwell, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 448, Relating to higher education
advisory boards generally.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §18B-1A-8 of the code of West Virginia, 1931, as amended,
be repealed; that §18B-1B-7 of said code be repealed; that
§18B-3C-7 of said code be repealed; that §18B-6-1a, §18B-6-2a,
§18B-6-3a, §18B-6-4a and §18B-6-4b of said code be repealed; that
§18-2-1 of said code be amended and reenacted; that §18B-1-1a,
§18B-1-2, §18B-1-3 and §18B-1-6 of said code be amended and
reenacted; that §18B-1A-2, §18B-1A-4 and §18B-1A-5 of said code be
amended and reenacted; that §18B-1B-1, §18B-1B-2, §18B-1B-4,
§18B-1B-5 and §18B-1B-6 of said code be amended and reenacted; that
§18B-2A-1 and §18B-2A-4 of said code be amended and reenacted; that
§18B-2B-1, §18B-2B-2, §18B-2B-3, §18B-2B-4, §18B-2B-5, §18B-2B-6,
§18B-2B-7 and §18B-2B-8 of said code be amended and reenacted; that
§18B-2C-3 and §18B-2C-4 of said code be amended and reenacted; that
§18B-3C-1, §18B-3C-2, §18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6,
§18B-3C-8, §18B-3C-9, §18B-3C-10 and §18B-3C-12 of said code be
amended and reenacted; that §18B-4-1 and §18B-4-2 of said code be
amended and reenacted; that §18B-5-4 of said code be amended and
reenacted; that §18B-6-1 of said code be amended and reenacted; that said code be amended by adding thereto five new sections,
designated §18B-6-2, §18B-6-3, §18B-6-4, §18B-6-5 and §18B-6-6;
that §18B-7-1 of said code be amended and reenacted; that said code
be amended by adding thereto a new section, designated §18B-7-12;
that §18B-9-1 and §18B-9-2 of said code be amended and reenacted;
and that §18B-10-1 and §18B-10-2 of said code be amended and
reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-1. Creation; composition; appointment, qualifications, terms
and removal of members; offices.
There shall be is a state board of education, to be known as
the West Virginia board of education, which shall be is a
corporation and as such may contract and be contracted with, plead
and be impleaded, sue and be sued, and have and use a common seal.
The state board shall consist consists of twelve members, of whom
one shall be is the state superintendent of schools, ex officio;
one of whom shall be is the chancellor of the board of trustees
higher education policy commission, ex officio; and one of whom
shall be is the chancellor of the board of directors West Virginia
council for community and technical college education, ex officio,
none of whom shall be is entitled to vote. The other nine members
shall be are citizens of the state, appointed by the governor, by
and with the advice and consent of the Senate, for overlapping terms of nine years. except that the original appointments shall
be for terms of one, two, three, four, five, six, seven, eight and
nine years, respectively. Terms of office shall begin on the fifth
day of November of the appropriate year and end on the fourth day
of November of the appropriate year. At least two but not more
than three members shall be are appointed from each congressional
district.
No more than five of the appointive members shall may belong
to the same political party, and no person shall be a person is not
eligible for appointment to membership on the state board who is a
member of any political party executive committee or holds any
other public office or public employment under the federal
government or under the government of this state or any of its
political subdivisions, or who is an appointee or employee of the
board. Members shall be are eligible for reappointment. Any
vacancy on the board shall be is filled by the governor by
appointment for the unexpired term.
Notwithstanding the provisions of section four, article six,
chapter six of this code, no a member of the state board 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 by the governor of
state elective officers.
Before exercising any authority or performing any duties as a member of the state 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, the
certificate whereof shall be filed with the secretary of state. A
suitable office in the state department of education at the state
capitol shall be provided for the use of use by the state board.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1a. Goals for post-secondary education.
(a) Findings. -- The Legislature finds that post-secondary
education is vital to the future of West Virginia. For the state
to realize its considerable potential in the twenty-first century,
it must have a system for the delivery of post-secondary education
which is competitive in the changing national and global
environment, is affordable within the fiscal constraints of the
state and for the state's residents to participate and has the
capacity to deliver the programs and services necessary to meet
regional and statewide needs.
(1) West Virginia leads a national trend toward an aging
population wherein a declining percentage of working-age adults
will be expected to support a growing percentage of retirees.
Public school enrollments statewide have declined and will continue
to do so for the foreseeable future with a few notable exceptions
in growing areas of the state. As the state works to expand and diversify its economy, it is vitally important that young people
entering the work force from our education systems have the
knowledge and skills to succeed in the economy of the twenty-first
century. It is equally important, however, that working-age adults
who are the large majority of the current and potential work force
also possess the requisite knowledge and skills and the ability to
continue learning throughout their lifetimes. The reality for West
Virginia is that its future rests not only on how well its youth
are educated, but also on how well it educates its entire
population of any age.
(2) Post-secondary education is changing throughout the
nation. Place-bound adults, employers and communities are demanding
education and student services that are accessible at any time, at
any place and at any pace. Institutions are seizing the opportunity
to provide academic content and support services on a global scale
by designing new courseware, increasing information
technology-based delivery, increasing access to library and other
information resources and developing new methods to assess student
competency rather than "seat time" as the basis for recognizing
learning, allocating resources and ensuring accountability. In
this changing environment, the state must take into account the
continuing decline in the public school-age population, the limits
of its fiscal resources and the imperative need to serve the
educational needs of working-age adults. West Virginia cannot afford to finance quality higher education systems that aspire to
offer a full array of programs while competing among themselves for
a dwindling pool of traditional applicants. The competitive
position of the state and its institutions will depend
fundamentally on its capacity to reinforce the quality and
differentiation of its institutions through policies that encourage
focus and collaboration.
(3) The current accountability system is exceptionally
complicated and largely defines accountability in terms of
institutional procedures. It also is not The accountability system
in West Virginia must be well equipped to address cross-cutting
issues such as regional economic and work force development,
community and technical college services, collaboration with the
public schools to improve quality and student participation rates,
access to graduate education and other broad issues of state
interest. Severe fiscal constraints require West Virginia to make
maximum use of existing assets to meet new demands. New
investments must be targeted to those initiatives designed to
enhance and reorient existing capacity, provide incentives for
collaboration and focus on the new demands. It must have a single
accountability point for developing, building consensus around and
sustaining attention to the public policy agenda and for allocating
resources consistent with this policy agenda.
(4) The state should make the best use of the expertise that private institutions of higher education can offer and recognize
the importance of their contributions to the economic, social and
cultural well-being of their communities.
(5) The system of public higher education should be open and
accessible to all persons, including persons with disabilities and
other persons with special needs.
(b) Compact with higher education. -- In pursuance of these
findings, it is the intent of the Legislature to engage higher
education in a statewide compact for the future of West Virginia,
as provided in article one-a of this chapter, that focuses on a
public policy agenda that includes, but is not limited to, the
following:
(1) Diversifying and expanding the economy of the state;
(2) Increasing the competitiveness of the state's work force
and the availability of professional expertise by increasing the
number of college degrees produced to the level of the national
average and significantly improving the level of adult functional
literacy; and
(3) Creating a system of higher education that is equipped to
succeed at producing these results.
(c) Elements of the compact with higher education. -- It is
the intent of the Legislature that the compact with higher
education include the following elements:
(1) A step-by-step process, as provided in articles one-b and three-c of this chapter, which will enable the state to achieve its
public policy agenda through a system of higher education equipped
to assist in producing the needed results. This process includes,
but is not limited to, separate institutional compacts with state
institutions of higher education that describe changes in
institutional missions in the areas of research, graduate
education, admission standards, community and technical college
education and geographical areas of responsibility to accomplish
the following:
(A) A capacity within higher education to conduct research to
enhance West Virginia in the eyes of the larger economic and
educational community and to provide a basis for West Virginia's
improved capacity to compete in the new economy through research
oriented to state needs;
(B) Access to stable and continuing graduate-level programs in
every region of the state, particularly in teacher education
related to teaching within a subject area to improve teacher
quality;
(C) Universities, and colleges and community and technical
colleges that have focused missions, their own individual points of
distinction and quality and strong links with the educational,
economic and social revitalization of their regions and the state
of West Virginia;
(D) Greater access and capacity to deliver technical education, work force development and other higher education
services to place-bound adults, thus improving the general levels
of post-secondary educational attainment and literacy;
(E) Independently accredited community and technical colleges
in every region of the state to the extent possible that:
(i) Assess regional needs;
(ii) Ensure access to comprehensive community and technical
college and work force development services within each of their
respective regions;
(iii) Convene and act serve as a catalyst for local action in
collaboration with regional leaders, employers and other
educational institutions;
(iv) Provide and, as necessary, broker educational services;
(v) Provide necessary student services;
(vi) Fulfill such other aspects of the community and technical
college mission and general provisions for community and technical
colleges as provided for in article three-c of this chapter; and
(vii) Make maximum Maximize use of existing infrastructure and
resources within their regions to increase access, including, but
not limited to, vocational technical centers, schools, libraries,
industrial parks and work sites.
(2) Providing additional resources, subject to availability
and appropriation by the Legislature, as provided in article one-a
of this chapter, to make the state institutions of higher education more competitive with their peers, to assist them in accomplishing
the elements of the public policy agenda and to ensure the
continuity of academic programs and services to students.
(3) Establishing a process for the allocation of additional
resources which focuses on achieving the elements of the public
policy agenda and streamlines accountability for the step-by-step
progress toward achieving these elements within a reasonable time
frame as provided in article one-a of this chapter.
(4) Providing additional flexibility to the state institutions
of higher education by making permanent the exceptions granted to
higher education relating to travel rules and vehicles pursuant to
sections forty-eight through fifty-three, inclusive, article three,
chapter five-a of this code and section eleven, article three,
chapter twelve of this code.
(5) Revising the higher education governance structure to make
it more responsive to state and regional needs.
(d) General goals for post-secondary education. -- In
pursuance of the findings and the development of institutional
compacts with higher education for the future of West Virginia
pursuant to article one-a of this chapter, it is the intent of the
Legislature to establish general goals for post-secondary education
and to have the commission and council report the progress toward
achieving these goals in the higher education report card required
pursuant to section eight, article one-b of this chapter and, where applicable, have the goals made a part of the institutional
compacts. The Legislature establishes the general goals as
follows:
(1) The overall focus of education is on a lifelong process
which is to be as seamless as possible at all levels and is to
encourage citizens of all ages to increase their knowledge and
skills. Efforts in pursuit of this goal include, but are not
limited to, the following:
(A) Collaboration, coordination and interaction between public
and post-secondary education to:
(i) Improve the quality of public education, particularly with
respect to ensuring that the needs of public schools for teachers
and administrators is are met;
(ii) Inform public school students, their parents and teachers
of the academic preparation that students need to be prepared
adequately to succeed in their selected fields of study and career
plans, including academic career fairs; and
(iii) Improve instructional programs in the public schools so
that the students enrolling in post-secondary education are
adequately prepared;
(B) Collaboration, coordination and interaction between public
and post-secondary education, the governor's council on literacy
and the governor's work force investment office to promote the
effective and efficient utilization of work force investment and other funds to:
(i) Provide to individuals and employers greatly improved
access to information and services for individuals and employers on
education and training programs, financial assistance, labor
markets and job placement;
(ii) Increase awareness among the state's citizens of the
opportunities available to them to improve their basic literacy,
work force and post-secondary skills and credentials; and
(iii) Help improve their Improve citizens' motivation to take
advantage of available opportunities by making the system more
seamless and user friendly;
(C) Collaboration, coordination and interaction between public
and post-secondary education on the development of seamless
curriculum in technical preparation programs of study between the
secondary and post-secondary levels; and
(D) Opportunities for advanced high school students to obtain
college credit prior to high school graduation.
(2) The number of degrees produced per capita by West Virginia
institutions of higher education is at the national average.
Efforts in pursuit of this goal include, but are not limited to,
the following:
(A) Collaboration, coordination and interaction between public
and post-secondary education, the governor's council on literacy
and the governor's work force investment office to promote to individuals of all ages the benefits of increased post-secondary
educational attainment;
(B) Assistance in overcoming the financial barriers to
post-secondary education for both traditional and nontraditional
students;
(C) An environment within post-secondary education that is
student-friendly and that encourages and assists students in the
completion of degree requirements within a reasonable time frame.
The environment also should expand participation for the
increasingly diverse student population;
(D) A spirit of entrepreneurship and flexibility within
post-secondary education that is responsive to the needs of the
current work force and other nontraditional students for upgrading
and retraining college-level skills; and
(E) The expanded use of technology for instructional delivery
and distance learning.
(3) All West Virginians, whether traditional or nontraditional
students, displaced workers or those currently employed, have
access to post-secondary educational opportunities through their
community and technical colleges, colleges and universities which:
(i) Are relevant and affordable;
(ii) Allow them to gain transferrable credits and associate or
higher level degrees;
(iii) Provide quality technical education and skill training; and
(iv) Are responsive to business, industry, labor and community
needs.
(4) State institutions of higher education prepare students to
practice good citizenship and to compete in a global economy in
which good jobs require an advanced level of education and skill
which far surpasses former requirements. Efforts in pursuit of
this goal include, but are not limited to, the following:
(A) The development of entrepreneurial skills through programs
such as the rural entrepreneurship through action learning (REAL)
program, which include practical experience in market analysis,
business plan development and operations;
(B) Elements of citizenship development are included across
the curriculum in core areas, including practical applications such
as community service, civic involvement and participation in
charitable organizations and in the many opportunities for the
responsible exercise of citizenship that higher education
institutions provide;
(C) Students are provided opportunities for internships,
externships, work study and other methods to increase their
knowledge and skills through practical application in a work
environment;
(D) College graduates meet or exceed national and
international standards for skill levels in reading, oral and written communications, mathematics, critical thinking, science and
technology, research and human relations;
(E) College graduates meet or exceed national and
international standards for performance in their fields through
national accreditation of programs and through outcomes assessment
of graduates; and
(F) Admission and exit standards for students, professional
staff development, program assessment and evaluation and other
incentives are used to improve teaching and learning.
(5) State institutions of higher education exceed peer
institutions in other states in measures of institutional
productivity and administrative efficiency. Efforts in pursuit of
this goal include, but are not limited to:
(A) The establishment of systematic ongoing mechanisms for
each state institution of higher education to set goals, to measure
the extent to which those goals are met and to use the results of
quantitative evaluation processes to improve institutional
effectiveness;
(B) The combination and use of resources, technology and
faculty to their maximum potential in a way that makes West
Virginia higher education more productive than its peer
institutions in other states while maintaining educational quality;
and
(C) The use of systemic program review to determine how much duplication is necessary to maintain geographic access and to
eliminate unnecessary duplication.
(6) Post-secondary education enhances state efforts to
diversify and expand the economy of the state. Efforts in pursuit
of this goal include, but are not limited to, the following:
(A) The focus of resources on programs and courses which offer
the greatest opportunities for students and the greatest
opportunity for job creation and retention in the state;
(B) The focus of resources on programs supportive of West
Virginia employment opportunities and the emerging high-technology
industries;
(C) Closer linkages among higher education and business,
labor, government and community and economic development
organizations; and
(D) Clarification of institutional missions and shifting of
resources to programs which meet the current and future work force
needs of the state.
(7) Faculty and administrators are compensated on a
competitive level at a level competitive with peer institutions to
attract and keep quality personnel at state institutions of higher
education.
(8) The tuition and fee levels for in-state students are
competitive with those of peer institutions and the tuition and fee
levels for out-of-state students are set at a level which at the least covers the full cost of instruction.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meaning hereinafter ascribed to
them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand five,
"regional campus" means West Virginia university at Parkersburg and
West Virginia university institute of technology.
(b)"Governing boards" or "boards" means the institutional
boards of governors created pursuant to subsection (b), section
one, article two-a of this chapter;
(c) "Freestanding community and technical colleges" means
southern West Virginia community and technical college, West
Virginia northern community and technical college and eastern West
Virginia community and technical college which shall may not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges and
other state institutions of higher education which have defined
community and technical college responsibility districts and programs in accordance with the provisions of sections four and
six, article three-c of this chapter deliver community and
technical college education, which 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,
Shepherd community and technical college, Fairmont state community
and technical college, Marshall community and technical college and
West Virginia state community and technical college;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in article
three-c of this chapter;
(g) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Higher education policy commission", "policy commission"
or "commission" means the commission created pursuant to section
one, article one-b of this chapter;
(j) "Chancellor for higher education" means the chief
executive officer of the higher education policy commission
employed pursuant to section five, article one-b of this chapter;
(k) "Chancellor for community and technical college education"
means the chief executive officer of the West Virginia council for
community and technical college education employed pursuant to
section three, article two-b of this chapter;
_____(l) "Chancellor" means the chancellor for higher education
where the context refers to a function of the higher education
policy commission. "Chancellor" means chancellor for community and
technical college education where the context refers to a function
of the West Virginia council for community and technical college
education;
_____(k) (m) "Institutional operating budget" or "operating budget"
means for any fiscal year means an institution's total unrestricted
education and general funding from all sources in a 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;
(l) (n) "Post-secondary vocational education program" means
any college-level course or program beyond the high school level
provided through an institution of higher education under the jurisdiction of a governing board which results the council
including those which result in or may result in the awarding of a
two-year associate degree award including an associate of arts, an
associate of science and an associate of applied science;
certificate programs and skills set; developmental education;
continuing education; collegiate credit and noncredit work force
development programs; and transfer and baccalaureate parallel
programs;
(m) (o) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(n) (p) For the purposes of this chapter and chapter
eighteen-c of this code, "senior "Senior administrator" means the
vice chancellor for administration employed by the chancellor
jointly by the commission and council in accordance with section
two, article four of this chapter. The vice chancellor for
administration shall assume all the powers and duties that are
assigned by law to the senior administrator;
(o) (q) "State college" means Bluefield state college, Concord
college, Fairmont state college, Glenville state college, Shepherd
college, West Liberty state college or West Virginia state college;
(p) (r) "State institution of higher education" means any
university, college or community and technical college under the
direct or indirect jurisdiction of a governing board as that term
is defined in this section;
(q) (s) "Regional Until the first day of July, two thousand
five, "regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university and
West Virginia university institute of technology;
(r) (t) The advisory board previously appointed for the West
Virginia graduate college shall be is known as the "board of
visitors" and shall provide guidance to the Marshall university
graduate college;
(s) (u) "Institutional compact" means a the compact between
the commission or council and a state institution of higher
education and the commission under its jurisdiction, as described
in section two, article one-a of this chapter;
(t) (v) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison
purposes and selected by the commission or council pursuant to
section three, article one-a of this chapter;
(u) (w) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter;
(v) (x) "Sponsoring institution" means the 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;
(w) (y) "Collaboration" means entering into an agreement with one or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(x) (z) "Broker" or the act of "brokering" means serving as an
agent on behalf of students, employers, communities or
responsibility areas to obtain education services not offered by a
sponsoring at that institution. These services include courses,
degree programs or other services contracted through an agreement
with a provider of education services either in-state or
out-of-state; and
(y) "Joint commission for vocational-technical-occupational
education" or "joint commission" means the commission established
pursuant to article three-a of this chapter.
(aa) "Council" means the West Virginia council for community
and technical college education created pursuant to section two,
article two-b of this chapter.
§18B-1-3. Transfer of powers, duties, property, obligations, etc.
(a) All powers, duties and authorities transferred to the
board of regents pursuant to former provisions of chapter eighteen
of this code and transferred to the board of trustees and board of
directors which were created as the governing boards pursuant to
the former provisions of this chapter and all powers, duties and
authorities of the board of trustees and board of directors, to the
extent they are in effect on the seventeenth day of June, two
thousand, are hereby transferred to the interim governing board created in article one-c of this chapter and shall be exercised and
performed by the interim governing board until the first day of
July, two thousand one, as such powers, duties and authorities may
apply to the institutions under its jurisdiction.
(b) Title to all property previously transferred to or vested
in the board of trustees and the board of directors and property
vested in either of the boards separately, formerly existing under
the provisions of this chapter, are hereby transferred to the
interim governing board created in article one-c of this chapter
until the first day of July, two thousand one. Property transferred
to or vested in the board of trustees and board of directors shall
include:
(1) All property vested in the board of governors of West
Virginia university and transferred to and vested in the West
Virginia board of regents;
(2) All property acquired in the name of the state board of
control or the West Virginia board of education and used by or for
the state colleges and universities and transferred to and vested
in the West Virginia board of regents;
(3) All property acquired in the name of the state commission
on higher education and transferred to and vested in the West
Virginia board of regents; and
(4) All property acquired in the name of the board of regents
and transferred to and vested in the respective board of trustees and board of directors.
(c) Each valid agreement and obligation previously transferred
to or vested in the board of trustees and board of directors
formerly existing under the provisions of this chapter is hereby
transferred to the interim governing board until the first day of
July, two thousand one, as those agreements and obligations may
apply to the institutions under its jurisdiction. Valid agreements
and obligations transferred to the board of trustees and board of
directors shall include:
(1) Each valid agreement and obligation of the board of
governors of West Virginia university transferred to and deemed the
agreement and obligation of the West Virginia board of regents;
(2) Each valid agreement and obligation of the state board of
education with respect to the state colleges and universities
transferred to and deemed the agreement and obligation of the West
Virginia board of regents;
(3) Each valid agreement and obligation of the state
commission on higher education transferred to and deemed the
agreement and obligation of the West Virginia board of regents; and
(4) Each valid agreement and obligation of the board of
regents transferred to and deemed the agreement and obligation of
the respective board of trustees and board of directors.
(d) All orders, resolutions and rules adopted or promulgated
by the respective board of trustees and board of directors and in effect immediately prior to the first day of July, two thousand,
are hereby transferred to the interim governing board until the
first day of July, two thousand one, and shall continue in effect
and shall be deemed the orders, resolutions and rules of the
interim governing board until rescinded, revised, altered or
amended by the commission or the governing boards in the manner and
to the extent authorized and permitted by law. Such orders,
resolutions and rules shall include:
(1) Those adopted or promulgated by the board of governors of
West Virginia university and in effect immediately prior to the
first day of July, one thousand nine hundred sixty-nine, unless and
until rescinded, revised, altered or amended by the board of
regents in the manner and to the extent authorized and permitted by
law;
(2) Those respecting state colleges and universities adopted
or promulgated by the West Virginia board of education and in
effect immediately prior to the first day of July, one thousand
nine hundred sixty-nine, unless and until rescinded, revised,
altered or amended by the board of regents in the manner and to the
extent authorized and permitted by law;
(3) Those adopted or promulgated by the state commission on
higher education and in effect immediately prior to the first day
of July, one thousand nine hundred sixty-nine, unless and until
rescinded, revised, altered or amended by the board of regents in the manner and to the extent authorized and permitted by law; and
(4) Those adopted or promulgated by the board of regents prior
to the first day of July, one thousand nine hundred eighty-nine,
unless and until rescinded, revised, altered or amended by the
respective board of trustees or board of directors in the manner
and to the extent authorized and permitted by law.
(e) Title to all real property transferred to or vested in the
interim governing board pursuant to this section of the code is
hereby transferred to the commission effective the first day of
July, two thousand one. The board of governors for each
institution may request that the commission transfer title to the
board of governors of any real property specifically identifiable
with that institution or the commission may initiate the transfer.
Any such request must be made within two years of the effective
date of this section and be accompanied by an adequate legal
description of the property.
(1) The title to any real property that is jointly utilized by
institutions or for statewide programs under the jurisdiction of
the commission shall be retained by the commission.
(2) The title to any real property previously retained by the
commission pursuant to subdivision (1) of this subsection that is
jointly utilized either for statewide programs under the
jurisdiction of the council or solely by community and technical
colleges is transferred to the council.
_____(3) The title to any real property previously retained by the
commission pursuant to subdivision (1) of this subsection that is
jointly utilized by any community and technical college and an
institution under the jurisdiction of the commission is the joint
property of the council and commission.
(f) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the interim
governing board or the previous governing boards on behalf of an
institution is hereby transferred to the board of governors of that
institution effective the first day of July, two thousand one.
(g) Each valid agreement and obligation previously transferred
or vested in the interim governing board and which was undertaken
or agreed to on behalf of an institution or institutions is hereby
transferred to the board of governors of the institution or
institutions for whose benefit the agreement was entered into or
the obligation undertaken effective the first day of July, two
thousand one.
(1) The obligations contained in revenue bonds issued by the
previous governing boards under the provisions of section eight,
article ten of this chapter and article twelve-b, chapter eighteen
of this code are hereby transferred to the commission and each
institution shall transfer to the commission those funds the
commission determines are necessary to pay that institution's share
of bonded indebtedness.
(2) The obligations of the commission provided in subdivision
(1) of this subsection are transferred to the council and
commission jointly. Each institution shall transfer to the council
and commission those funds that the council and commission jointly
determine are necessary to pay that institution's share of bonded
indebtedness.
_____(3) The obligations contained in revenue bonds issued on
behalf of a state institution of higher education pursuant to any
other section of this code is hereby transferred to the board of
governors of the institution on whose behalf the bonds were issued.
(h) All orders, resolutions, policies and rules:
(1) Adopted or promulgated by the respective board of
trustees, board of directors or interim governing board and in
effect immediately prior to the first day of July, two thousand
one, are hereby transferred to the commission effective the first
day of July, two thousand one, and shall continue in effect until
rescinded, revised, altered, or amended or transferred to the
governing boards by the commission as set out provided in this
section and in section six of this article.
_____(2) Of the commission relating to community and technical
colleges or community and technical college education are
transferred to the council and continue in effect until rescinded,
revised, altered, amended or transferred to the governing boards by
the commission as provided in this section and in section six of this article.
(i) The commission may, in its sole discretion, transfer any
rule, other than a legislative rule, to the jurisdiction of the
governing boards of the institutions under its jurisdiction who may
rescind, revise, alter or amend any rule so transferred pursuant to
rules adopted by the commission.
The council may, in its sole discretion, transfer any rule,
other than a legislative rule, to the jurisdiction of the governing
boards of the institutions under its jurisdiction who may rescind,
revise, alter or amend any rule so transferred pursuant to rules
adopted by the council.
(j) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question, the matter shall be summarized in
writing and sent to the commission which shall make a determination
regarding such matter within thirty days of receipt thereof.
(k) Rules or provisions of law which refer to other provisions
of law which were repealed, rendered inoperative or superseded by
the provisions of this section shall remain in full force and
effect to such extent as may still be applicable to higher
education and may be so interpreted. Such references include, but
are not limited to, references to sections and prior enactments of
article twenty-six, chapter eighteen of this code and code
provisions relating to retirement, health insurance, grievance procedures, purchasing, student loans and savings plans. Any
determination which needs to be made regarding applicability of any
provision of law shall first be made by the commission.
§18B-1-6. Rulemaking.
(a) Effective the first day of July, two thousand one, the
commission is On the effective date of this section, the commission
and council are hereby empowered to promulgate, adopt, amend or
repeal rules, in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code.
(b) The commission and council each shall promulgate a rule to
guide the development and approval of rules, guidelines and other
policy statements made by the their respective governing boards.
The rule rules promulgated by the commission and council shall
include, but is are not limited to, the following provisions:
(1) A procedure to ensure that public notice is given and that
the right of interested parties to have a fair and adequate
opportunity to respond is protected;
(2) Designation of a single location where all proposed and
approved rules, guidelines and other policy statements can be
accessed by the public;
(3) A procedure to maximize internet access to all proposed
and approved rules, guidelines and other policy statements to the
extent technically and financially feasible.
(c) On and after the effective date of this section, and notwithstanding any other provision of this code to the contrary,
no any rule heretofore required by law to be promulgated as a
legislative rule may not be considered to be a legislative rule for
the purposes of article three-a, chapter twenty-nine-a of this
code, except for the following:
(1) The legislative rule required by subsection (c), section
eight of this article;
(2) The legislative rule required by section eight-a of this
article;
(3) The legislative rule required by section two, article
one-a of this chapter;
(4) The legislative rule required by section four, article
one-b of this chapter;
(5) The legislative rule required by section one, article
three, chapter eighteen-c of this code;
(6) The legislative rule required by section one, article
four, chapter eighteen-c of this code;
(7) The legislative rule required by section seven, article
five, chapter eighteen-c of this code; and
(8) The legislative rule required by section one, article six,
chapter eighteen-c of this code.
(d) On or after the effective date of this section and before
the first day of October, two thousand one, notwithstanding any
other provision of this code to the contrary, any rule heretofore promulgated as a legislative rule which was not required
specifically by law to be promulgated as a legislative rule, or any
rule previously required to be a legislative rule by statute but
reclassified by subsection (c) of this section, may be reclassified
by the commission either as an interpretive rule or as a procedural
rule. The commission shall notify in writing the legislative
oversight commission on education accountability of such
reclassification and shall file such notice with the office of the
secretary of state to be published in the state register.
(e) (d) Nothing in this section may be construed to require
requires that any rule reclassified under this section be
promulgated again under the procedures set out in article three-a,
chapter twenty-nine-a of this code unless the rule is amended or
modified.
(f) (e) The commission shall cause a copy of and council each
shall file with the legislative oversight commission on education
accountability any rule it proposes to promulgate, adopt, amend or
repeal under the authority of this article. to be filed with the
legislative oversight commission on education accountability
created in said article three-a, chapter twenty-nine-a of this code
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST
VIRGINIA.
§18B-1A-2. Institutional compacts with state institutions of
higher education; establishment and review process.
(a) Each institution of higher education state college and
university shall prepare an institutional compact for submission to
the commission. Each community and technical college shall prepare
an institutional compact for submission to the council. When the
process herein provided is completed, the institutional compacts
shall form the agreements between the institutions of higher
education and the commission or council, respectively, and,
ultimately, between the institutions of higher education and the
people of West Virginia on how the institutions will use their
resources to address the intent of the Legislature and the goals
set forth in section one-a, article one of this chapter. The
compacts shall contain the following:
(1) A step-by-step process to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter as organized by the commission and council. The
step-by-step process shall be delineated by objectives and shall
set forth a time line for achieving the objectives which shall,
where applicable, include benchmarks to measure institutional
progress as defined in subsection (e) of this section.
(2) A determination of the mission of the institution which
specifically addresses changes, as applicable, in the areas of
research, graduate education, baccalaureate education, revised
admission requirements, community and technical colleges and such
other areas as the commission or council determines appropriate. In the determination of mission, the institutions and the
commission or council shall consider the report completed by the
national center for higher education management systems pursuant to
the legislative study as provided in section seven, article three
of this chapter;
(3) A plan which is calculated to make any changes in
institutional mission and structure within a six-year period;
(4) A statement of the geographic areas of responsibility,
where applicable, for each goal to be accomplished as provided in
subsection (d) of this section;
(5) A detailed statement of how the compact is aligned with
and will be implemented in conjunction with the master plan of the
institution;
(6) Such other items, requirements or initiatives, required by
the commission or council, designed to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter or other public policy goals established by the
commission or council.
(b) Each institutional compact shall be updated annually and
shall follow the same general guidelines contained in subsection
(a) of this section.
(c) Development and updating of the institutional compacts
shall be is subject to the following:
(1) The ultimate responsibility for developing and updating the institutional compacts at the institutional level resides with
the institutional board of advisors or the board of governors, as
appropriate governors;
(2) The ultimate responsibility for developing and adopting
the final version of the state college and university institutional
compacts resides with the commission. The ultimate responsibility
for developing and adopting the final version of the community and
technical college institutional compacts resides with the council;
(3) The initial institutional compacts shall be submitted to
the commission by the institutions on or before the first day of
February, two thousand one. The first annual updates shall be
submitted on or before the fifteenth day of November, two thousand
one, and succeeding updates shall be submitted on the fifteenth day
of November of each year thereafter
(3) Each institution shall submit its compact to the
commission or council annually by the fifteenth day of November;
(4) The commission and council shall review the initial
institutional compacts and the annual updates and either shall
adopt the institutional each compact of the institutions under
their respective jurisdictions and either adopt the compact or
return it with specific comments for change or improvement. The
commission and council shall continue this process as long as it
each considers advisable;
(5) By the first day of May of each year annually, if the institutional compact of any institution as presented by that
institution is not adopted by the commission or council, then the
commission or council is empowered and directed to develop and
adopt the institutional compact for the institution and the
institution shall be is bound by the compact so adopted; and
(6) The commission and council each shall establish, as far as
practicable, establish uniform processes and forms for the
development and submission of the institutional compacts by the
institutions under their respective jurisdictions. As a part of
this function, the commission and council shall organize the
statements of legislative intent and goals contained in section
one-a, article one of this chapter in a manner that facilitates the
purposes of this subdivision and the purposes of this section.
(d) The commission and council shall assign geographic areas
of responsibility to the state institutions of higher education
under their respective jurisdictions as a part of their
institutional compacts to ensure that all areas of the state are
provided necessary programs and services to achieve the public
policy agenda. The benchmarks established in the institutional
compacts shall include measures of programs and services by
geographic area throughout the assigned geographic area of
responsibility.
(e) The compacts shall contain benchmarks used to determine
progress toward meeting the goals established in the compacts. The benchmarks shall meet the following criteria:
(1) They shall be as objective as possible;
(2) They shall be directly linked to the goals in the
compacts;
(3) They shall be measured by the indicators described in
subsection (f) of this section; and
(4) Where applicable, they shall be used to measure progress
in geographic areas of responsibility.
(f) The commission and council each shall establish by
legislative rule indicators which measure the degree to which the
goals and objectives set forth in section one-a, article one of
this chapter are being addressed and met by the institutions under
their respective jurisdictions. The benchmarks established in
subsection (e) of this section shall be measured by the indicators.
(1) The Legislature finds that an emergency exists, and
therefore the commission council shall file as an emergency rule
the a rule pertaining to benchmarks and indicators. that was filed
with the office of the secretary of state on the twenty-sixth day
of December, two thousand. The commission shall file a legislative
rule in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code to replace the emergency rule no later
than the first day of November, two thousand one. Not later than
the first day of November, two thousand five, the council shall
file a legislative rule in accordance with the provisions of article three-a, chapter twenty-nine-a of this code to replace the
emergency rule. The rule pertaining to benchmarks and indicators
in effect for the commission at the time of the effective date of
this section remains in effect for the institutions under its
jurisdiction.
(2) The legislative rule rules shall set forth at the least
the following as pertains to all state institutions of higher
education:
(A) The indicators to be used to measure the degree to which
the goals and objectives are being met;
(B) Uniform definitions for the various data elements to be
used in establishing the indicators;
(C) Guidelines for the collection and reporting of data; and
(D) Sufficient detail within the benchmarks and indicators to:
(i) Provide measurable evidence that the pursuits of the
institution are targeting the educational needs of the citizens of
the state and the components of the compacts and master plans;
(ii) Delineate the goals and benchmarks for an institution so
that the commission and council can precisely measure the degree to
which progress is being made toward achieving the goals for
post-secondary education provided in section one-a, article one of
this chapter; and
(iii) Distinctly identify specific goals within the master
plan or compact of an institution that are not being met or toward which sufficient progress is not being made.
(3) In addition to any other requirement, the legislative rule
established by the council shall set forth at the least the
following as pertains to community and technical college education:
(A) Benchmarks and indicators which are targeted to identify:
(i) The degree to which progress is being made by institutions
toward meeting the goals for post-secondary education and the
essential conditions provided in section three, article three-c of
this chapter;
(ii) Information and data necessary to be considered by the
policy commission council in making the determination required by
section three, article two-c of this chapter;
(iii) The degree to which progress is being made in the areas
considered by the commission council for the purpose of making the
determination required by section three, article two-c of this
chapter; and
(B) Sufficient detail within the benchmarks and indicators to
provide clear evidence to support an objective determination by the
commission council that an institution's progress toward achieving
the goals for post-secondary education and the essential conditions
is so deficient that implementation of the provisions of section
four, article two-c of this chapter is warranted and necessary.
(g) The commission and council shall approve the master plans
developed by the boards of governors and the institutional boards of advisors pursuant to subsection (b), section four, article two-a
of this chapter. and subsection (k), section one, article six of
this chapter
§18B-1A-4. Legislative financing goals.
(a) The Legislature recognizes that the higher education goals
set forth in section one-a, article one of this chapter are of
utmost importance. The Legislature further recognizes that meeting
the goals may require the appropriation of funds above the current
operating budgets of the institutions.
(b) It is, therefore, the desire of the Legislature to
increase funding annually for higher education at a rate not less
than the annual percentage increase in the overall general revenue
budget.
(c) If the commission or council, or both, determines that
appropriations are insufficient to fund the requirements of the
institutional compacts under its jurisdiction, the commission or
council first shall consider extending the length of the compacts
or otherwise modifying the compacts to allow the institutions to
achieve the benchmarks in the compacts. If modifications to the
institutional compacts are not sufficient to allow the institutions
to meet their benchmarks, the commission or council, or both, shall
recommend to the Legislature methods of making the higher education
system more efficient. The methods may include, but are not
limited to, the following:
(1) Administrative efficiencies;
(2) Consolidation of services;
(3) Elimination of programs;
(4) Consolidating institutions; and
(5) Closing institutions.
§18B-1A-5. Financing; institutional operating budgets, additional
funding.
(a) Budget request and appropriations. -- The commission and
council each has the responsibility to annually develop a budget
for the state system of higher education under its respective
jurisdiction and submit a budget request to the governor before the
first day of September. beginning in two thousand, and for each
fiscal year thereafter The Each budget request specifically shall
include the amount of the institutional operating budgets, as
defined in section two, article one of this chapter, required for
all state institutions of higher education under its jurisdiction.
The budget appropriation for the state system systems of higher
education under this chapter and other provisions of the law shall
consist of separate control accounts or institutional control
accounts, or some combination of such accounts, for appropriation
of institutional operating budgets and other funds. The commission
and council each is responsible for allocating state appropriations
to supplement institutional operating budgets in accordance with
this section. In addition to the institutional operating budget and incentive funding, however, the commission and council each is
responsible for allocating funds that are appropriated to it for
other purposes. Provided, That in In order to determine
institutional allocations, it is the responsibility of the
institutions and their respective institutional boards of governors
or advisors, as appropriate to provide to the commission or council
documentation on institutional progress toward mission enhancement,
preliminary peer comparison calculations, performance of increased
productivity and academic quality and measurable attainment in
fulfilling state priorities as set forth in this article. The
documentation shall be provided to the commission or council no
later than the first day of October annually. each year for
commission review and verification.
(b) Legislative funding priorities. --
(1) The Legislature recognizes the current resource allocation
model has not moved current funding model has not moved all state
institutions equitably towards comparable peer funding levels.
This formula The model has left West Virginia institutions at a
competitive disadvantage to their national peers.
(2) The Legislature acknowledges that the resource allocation
model used to comply with Enrolled Committee Substitute for Senate
Bill No. 547, passed during the legislative session of one thousand
nine hundred ninety-five, alleviated some of the disparity that
exists among state institutions' operating budgets, but left significant differences between the institutions and their national
peers.
(3) The Legislature recognizes that a system of
independently-accredited community and technical colleges is
essential to the economic vitality of the state.
(4) The Legislature places great importance on achieving the
priority goals outlined in the public policy agenda and believes
the state institutions of higher education should play a vital role
in facilitating the attainment of these goals.
(5) The Legislature also believes it is imperative that the
state make progress on narrowing the peer inequity while balancing
the need for sustaining the quality of our institutions.
(6) It is the charge of the commission and council to allocate
all funds appropriated in excess of the fiscal year two thousand
one general revenue appropriations in alignment with the
legislative funding priorities listed below. The commission and
council shall consider the priorities and assign a percentage of
the total appropriation of new funds to each priority.
(A) Peer equity. -- Funds appropriated for this purpose
increase the level of the institutional operating budget for state
institutions of higher education comparable to their peer
institutions. The allocation shall provide, subject to the
availability of funds and legislative appropriations, for a
systematic adjustment of the institutional operating budgets to move all institutions' funding in the direction of levels
comparable with their peers. Institutional allocations shall be
calculated as follows:
(i) A calculation shall be made of the deficiency in per
student funding of each institution in comparison with the mean per
student funding of the peer institutions as defined by the
commission or council pursuant to section three of this article;
(ii) For all institutions that are deficient in comparison
with peer institutions, the amounts of the deficiencies shall be
totaled;
(iii) A ratio of the amount of the deficiency for an
institution divided by the total amounts of deficiency for all West
Virginia institutions shall be established for each institution;
and
(iv) The allocation to each institution shall be calculated by
multiplying the ratio by the total amount of money in the account;
(B) Independently accredited community and technical colleges
development. -- Funds appropriated for this purpose will ensure a
smooth transition, where required, from "component" community and
technical colleges to independently accredited community and
technical colleges as defined in section two, article one of this
chapter. Appropriations for this purpose are only to be allocated
to those institutions having approved compacts with the commission
council that expressly include the transition of their component community colleges to independently accredited status and have
demonstrated measurable progress towards this goal. By the first
day of July, two thousand seven five, or when all required
community and technical colleges are independently accredited,
whichever first occurs, funds for this purpose shall be allocated
to the incentives for institutional contributions to state
priorities; Provided, That if the commission determines that
payments from the account to the institutions should continue
beyond the first day of July, two thousand seven, it shall request
an extension from the Legislature;
(C) Research challenge. -- Funds appropriated for this purpose
shall assist public colleges and universities in West Virginia to
compete on a national and international basis by providing
incentives to increase their capacity to compete successfully for
research funding. The Legislature intends for institutions to
collaborate in the development and execution of research projects
to the extent practicable and to target research to the needs of
the state as established in the public policy agenda and linked to
the future competitiveness of this state.
(i) The commission shall develop criteria for awarding grants
to institutions under this account, which may include, but are not
limited to, the following:
(I) Grants to be used to match externally funded,
peer-reviewed research;
(II) Grants to be used to match funds for strategic
institutional investments in faculty and other resources to
increase research capacity;
(III) Grants to support funding for new research centers and
projects that will foster economic development and work force
investment within the state. These grants shall be limited to
seven two years and each research center or project funded shall
receive a decreasing award each year and shall be required to be
supported solely by external funding within seven two years;
(ii) The commission may establish an advisory council
consisting of nationally prominent researchers and scientists,
including representatives from outside the state, to assist in
developing the criteria for awarding grants under this account.
(iii) For the purposes of making the distributions from this
account, the commission shall establish the definition for
research, research funds and any other terms as may be necessary to
implement this subdivision; and
(D) Incentives for institutional contributions to state
priorities. -- Funds appropriated for this purpose provide
incentives to institutions which demonstrate success toward
advancing the goals of the public policy agenda as set forth in
section one-a, article one of this chapter and to provide
incentives for mission enhancement as set forth in section two of
this article.
(E) Sustained quality support. -- The commission and council
shall provide additional operating funds to institutions with
approved compacts. The commission and council shall allocate these
funds on an equal percentage basis to all institutions. Provided,
That the The commission or council may delay distribution of these
funds to any institution which does not demonstrate measurable
progress towards the goals provided in its compact with the
commission or council.
(c) Allocations to institutional operating budgets. -- For the
purposes of this subsection, the commission and council each shall
establish by rule pursuant to subsection (f), section two of this
article the method for measuring the progress of each institution
towards meeting the benchmarks of its institutional compact.
(d) Allocation of appropriations to the institutions. --
Appropriations in this section shall be allocated to the state
institutions of higher education in the following manner:
(1) For the fiscal year two thousand two, appropriations above
the fiscal year two thousand two institutional operating budget
shall be allocated only to institutions with approved compacts,
pursuant to this article;
(2) For the fiscal year two thousand three, and each fiscal
year thereafter
(1) Each fiscal year appropriations from the funds shall be
allocated only to institutions with which have:
_____(A) Approved compacts, pursuant to section two of this
article; and which also have achieved
(B) Achieved their annual benchmarks for accomplishing the
goals of their compacts, as approved by the commission or council.
Provided, That if
(2) If an institution has not achieved all of its annual
benchmarks, the commission or council may distribute a portion of
the funds to the institution based on its progress as the
commission or council determines appropriate. Provided, however,
That the The commission and council each shall establish by rule,
pursuant to subsection (f), section two of this article, the method
for measuring the progress of each institution toward meeting the
benchmarks of its institutional compact.
(e) Nothing in this section shall be construed in a manner
that limits the appropriation or collection of fees necessary to
effectuate the operation and purpose of the commission or council.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-1. Higher education policy commission established;
development of public policy agenda.
There is hereby created the "higher education policy
commission", hereinafter referred to as the "commission". which
Jointly with the West Virginia council for community and technical
college education, the commission is responsible for developing,
gaining consensus around and overseeing the implementation of a public policy agenda. It is the intent of the Legislature that the
commission be and council jointly are responsible for development
and articulation of the public policy agenda for higher education
and other statewide issues pursuant to section one-a, article one
of this chapter. All matters of governance not specifically
assigned to the commission or council by law are the duty and
responsibility of the governing board or boards.
§18B-1B-2. Composition of commission; terms and qualifications of
members; vacancies; eligibility for reappointment; oath of
office; removal from office.
(a) The commission is comprised of nine ten members, all of
whom are entitled to vote. One is the secretary of education and
the arts, ex officio. One is the state superintendent of schools,
ex officio. One is the chair of the West Virginia council for
community and technical college education who is an ex officio,
nonvoting member. Provided, That if the state superintendent of
schools desires not to serve, the state board of education shall
submit to the governor the names of three nominees, which may
include members of the state board of education. The governor
shall select from the nominees a member to serve on the commission.
The three nominees shall be persons who are knowledgeable in the
area of public education policy, are able to represent the state
board of education and who understand and are committed to
achieving the goals and objectives as set forth in the institutional compacts and in section one-a, article one of this
chapter.
(b) The other seven members of the commission shall be are
citizens of the state, appointed by the governor, by and with the
advice and consent of the Senate. Provided, That prior Prior to
appointment, the governor shall interview each candidate to assure
that the person selected understands and is committed to achieving
the goals and objectives as set forth in the institutional compacts
and in section one-a, article one of this chapter. The governor
shall invite the president of the Senate, the speaker of the House
of Delegates, the chairs of the Senate and House of Delegates
committees on finance and education and such other legislative
leaders as the governor may determine to participate in
interviewing potential candidates. Each member appointed to the
commission by the governor shall represent the public interest and
shall be committed to the legislative intent and goals set forth in
said section.
(c) The governor may not appoint any person to be a member of
the commission who is an officer, employee or member of the council
or an advisory board of any state college or university; 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 an appointee
or employee of any governing board; or an immediate family member of any employee under the jurisdiction of the commission, the
council or any governing board. Of the members appointed by the
governor from the public at large, no more than four thereof shall
may belong to the same political party and at least two shall be
appointed from each congressional district.
(d) The governor shall appoint seven members to the commission
on the first day of July, two thousand, or as soon thereafter as is
practicable and the original terms of all members shall commence on
the first day of July, two thousand.
(e) (d) The terms of the members appointed by the governor
shall be are for overlapping terms of four years. except, of the
original appointments, one shall be appointed to a term of one
year, two shall be appointed to a term of two years, two shall be
appointed to a term of three years and two shall be appointed to a
term of four years. Each subsequent appointment which is not for
the purpose of filling a vacancy in an unexpired term shall be for
a term of four years.
(f) (e) The governor shall appoint a member to fill any
vacancy among the seven members of the commission appointed by the
governor, by and with the advice and consent of the Senate. which
member appointed to fill such vacancy shall serve Any member
appointed to fill a vacancy serves for the unexpired term of the
vacating member. The governor shall fill the vacancy within thirty
days of the occurrence of the vacancy.
(g) (f) No A member appointed by the governor shall be
eligible to may not serve more than two consecutive terms.
(h) (g) Before exercising any authority or performing any
duties as a member of the commission, 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.
(i) (h) No A member of the commission 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.
§18B-1B-4. Powers and duties of higher education policy
commission.
(a) The primary responsibility of the commission is to
develop, establish and implement policy that will achieve the goals
and objectives found in section one-a, article one of this chapter
and in a manner consistent and not in conflict with the powers,
duties and authorities of the West Virginia council for community
and technical college education. To that end, the commission has
the following powers and duties as relates to the institutions
under its jurisdiction:
(1) Develop Jointly with the council, develop, oversee and
advance the public policy agenda to address major challenges facing the state, including, but not limited to, the goals and objectives
found in section one-a, article one of this chapter and including
specifically those goals and objectives pertaining to the compacts
created pursuant to section two, article one-a of this chapter and
to develop and implement the master plan described in section ten
of this article for the purpose of accomplishing the mandates of
this section;
(2) Develop Jointly with the council, develop, oversee and
advance the implementation of a financing policy for higher
education in West Virginia. The policy shall meet the following
criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
and
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
_____(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the West Virginia council for community and
technical college education pursuant to the provisions of section six, article two-b of this chapter;
(3) Create Jointly with the council, create a policy
leadership structure capable of the following actions:
(A) Developing, building public consensus around and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the commission and council shall seek input
from the Legislature and the governor and specifically from the
state board of education and local school districts in order to
create the necessary linkages to assure smooth, effective and
seamless movement of students through the public education and
post-secondary education systems and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education system systems as a whole accountable for accomplishing
their missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Review the progress of community and technical colleges in
every region of West Virginia; such review includes, but is not limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
(7) (6) Serve as the accountability point for to:
(A) The governor for implementation of by the institutions
under its jurisdiction of their role in advancing the public policy
agenda; and for
(B) The Legislature by maintaining a close working
relationship with the legislative leadership and the legislative
oversight commission on education accountability;
(8) (7) Promulgate Jointly with the council, promulgate
legislative rules pursuant to article three-a, chapter
twenty-nine-a of this code to fulfill the purposes of section five,
article one-a of this chapter;
(9) (8) Establish and implement a peer group for each public
institution of higher education in the state as described in
section three, article one-a of this chapter;
(10) (9) Establish and implement the benchmarks and
performance indicators necessary to measure institutional
achievement towards state policy priorities and institutional
missions;
(11) In January, two thousand one, and annually thereafter
(10) Annually report to the Legislature and to the legislative oversight commission on education accountability during the January
interim meetings on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of the its system of higher education
during the previous fiscal year, including, but not limited to,
progress in meeting goals stated in the compacts and progress of
the institutions and the higher education system as a whole in
meeting the goals and objectives set forth in section one-a,
article one of this chapter;
(B) An analysis of enrollment data collected pursuant to
subsection (i) section one, article ten of this chapter and
recommendations for any changes necessary to assure access to
high-quality, high-demand education programs for West Virginia
residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (12) (11) of this subsection and the
justification for such priority;
(E) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) (11) Jointly with the council, establish a formal process
for identifying needs for capital investments and for determining priorities for these investments;
(13) On or before the first day of October, two thousand,
develop, establish and implement
(12) Jointly with the council, maintain guidelines for
institutions to follow concerning extensive capital projects. The
guidelines shall provide a process for developing capital projects,
including, but not limited to, the notification by an institution
to the commission or council, as appropriate, of any proposed
capital project which has the potential to exceed one million
dollars in cost. No such project may Such a project may not be
pursued by an institution without the approval of the commission
nor may an institution or council, as appropriate. An institution
may not participate directly or indirectly with any public or
private entity in any capital project which has the potential to
exceed one million dollars in cost;
(14) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
(15) (13) Acquire legal services as are considered necessary,
including representation of the commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the commission may, but is not
required to, call upon the attorney general for legal assistance
and representation as provided by law;
(16) (14) Employ a chancellor for higher education pursuant to
section five of this article;
(17) (15) Employ other staff as necessary and appropriate to
carry out the duties and responsibilities of the commission, in
accordance with the provisions of section two, article four of this
chapter;
_____(16) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the commission who are
employed solely by the commission;
_____(18) (17) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(19) Conduct a study of the faculty tenure system as
administered by the governing boards with specific attention to the
role of community service and other criteria for achieving tenured
status. The commission shall make a report of its findings and
recommendations to the legislative oversight commission on
education accountability by the first day of July, two thousand
one;
(20) (18) Advise and consent in the appointment of the
presidents of the institutions of higher education under its
jurisdiction pursuant to section six of this article. The role of the commission in approving an institutional president is to assure
through personal interview that the person selected understands and
is committed to achieving the goals and objectives as set forth in
the institutional compact and in section one-a, article one of this
chapter;
(21) (19) Approve the total compensation package from all
sources for institutional presidents of institutions under its
jurisdiction, as proposed by the governing boards. The governing
boards must obtain approval from the commission of the total
compensation package both when institutional presidents are
employed initially and afterward when any change is made in the
amount of the total compensation package;
(22) (20) Establish and implement the policy of the state to
assure that parents and students have sufficient information at the
earliest possible age on which to base academic decisions about
what is required for students to be successful in college, other
post-secondary education and careers related, as far as possible,
to results from current assessment tools in use in West Virginia;
(23) (21) Approve Jointly with the council, approve and
implement a uniform standard, as developed by the chancellor, to
determine which students shall be placed in remedial or
developmental courses. The standard shall be aligned with college
admission tests and assessment tools used in West Virginia and
shall be applied uniformly by the governing boards throughout the public higher education system. The chancellor shall develop a
clear, concise explanation of the standard which the governing
boards shall communicate to the state board of education and the
state superintendent of schools;
(24) (22) Review and approve or disapprove capital projects as
described in subdivision (12) (11) of this subsection;
(25) (23) Develop Jointly with the council, develop and
implement an oversight plan to manage system-wide technology such
as the following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort, increase
the delivery of instruction to nontraditional students, provide
services to business and industry and increase the management
capabilities of the higher education system; and
(B) Reviewing courses and programs offered within the state by
nonstate public or private institutions of higher education;
(26) (24) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements
for a bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to
incur additional costs as is consistent with sound academic policy;
(27) (25) Establish and implement policies and procedures to ensure that students may transfer and apply toward the requirements
for a degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(28) (26) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements
for a master's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(29) (27) Establish and implement policies and programs, in
cooperation with the institutions of higher education, through
which students who have gained knowledge and skills through
employment, participation in education and training at vocational
schools or other education institutions, or internet-based
education programs, may demonstrate by competency-based assessment
that they have the necessary knowledge and skills to be granted
academic credit or advanced placement standing toward the
requirements of an associate degree or a bachelor's degree at a
state institution of higher education;
(30) (28) Seek out and attend regional, national and
international meetings and forums on education and work force
development-related topics, as in the commission's discretion is critical for the performance of their duties as members, for the
purpose of keeping abreast of education trends and policies to aid
it in developing the policies for this state to meet the
established education goals and objectives pursuant to section
one-a, article one of this chapter;
(31) (29) Develop, establish and implement guidelines for
higher education governing boards and institutions to follow when
considering capital projects. The guidelines shall include, but
not be limited to, the following:
(A) That the governing boards and institutions not approve or
promote projects that give competitive advantage to new private
sector projects over existing West Virginia businesses, unless the
commission determines such private sector projects are in the best
interest of the students, the institution and the community to be
served; and
(B) That the governing boards and institutions not approve or
promote projects involving private sector businesses which would
have the effect of reducing property taxes on existing properties
or avoiding, in whole or in part, the full amount of taxes which
would be due on newly developed or future properties;
The commission shall determine whether the guidelines
developed pursuant to this subdivision should apply to any project
which a governing board and institution allege to have been planned
on or before the seventeenth day of June, two thousand. In making the determination, the commission shall be guided by the best
interests of the students, the institution and the community to be
served
(32) Certify to the Legislature, on or before the first day of
February, two thousand one, the priority funding percentages and
other information needed to complete the allocation of funds in
section five, article one-a of this chapter;
(33) (30) Consider and submit to the appropriate agencies of
the executive and legislative branches of state government a single
budget for higher education that reflects recommended
appropriations Provided, That on the first day of January, two
thousand one, and annually thereafter, the for the commission and
the institutions under its jurisdiction. The commission annually
shall submit the proposed institutional allocations based on each
institution's progress toward meeting the goals of its
institutional compact;
(34) Initiate a full review and analysis of all student fees
charged by state institutions of higher education and make
recommendations to the legislative oversight commission on
education accountability no later than the second day of January,
two thousand two. The final report shall contain findings of fact
and recommendations for proposed legislation to condense, simplify
and streamline the fee schedule and the use of fees or other money
collected by state institutions of higher education;
(35) (31) The commission has the authority to assess
institutions under its jurisdiction for the payment of expenses of
the commission or for the funding of statewide higher education
services, obligations or initiatives pursuant to the provisions of
section two, article ten of this chapter;
(36) (32) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(37) (33) Make appointments to boards and commissions where
this code requires appointments from the state college system board
of directors or the university of West Virginia system board of
trustees which were abolished effective the thirtieth day of June,
two thousand. Notwithstanding any provisions of this code to the
contrary, the commission may appoint one of its own members or any
other citizen of the state as its designee. The commission shall
appoint the total number of persons in the aggregate required to be
appointed by these previous governing boards;
(38) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section are
hereby transferred to the commission and shall continue in effect
until rescinded, revised, altered or amended by the commission;
(39) Examine and determine the feasibility of recommendations
contained in the Implementation Board Report presented to the
commission in January, two thousand one, and, at the discretion of
the commission, create the advantage valley community college
network to enhance provision of community and technical college
education in the responsibility areas of Marshall university, West
Virginia state college and West Virginia university institute of
technology;
(40) (34) Pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code and section six, article one of
this chapter, promulgate rules as necessary or expedient to fulfill
the purposes of this chapter. The commission may council and
commission shall promulgate a new uniform joint legislative rule
for the purpose of standardizing, as much as possible, the
administration of personnel matters among the institutions of
higher education;
(41) (35) Determine when a joint rule among the governing
boards of institutions under its jurisdiction is necessary or
required by law and, in those instances and in consultation with
the governing boards, promulgate the joint rule;
(36) Jointly with the council, implement a policy whereby any
course credit earned at a community and technical college transfers
for program credit at any other state institution of higher
education and is not limited to fulfilling a general education requirement; and
_____(42) (37) Promulgate Jointly with the council, promulgate a
joint rule establishing tuition and fee policy for all institutions
of higher education. The rule shall include, but is not limited
to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the commission considers and
council consider appropriate. and
(43) Develop a method for the council, or members thereof, to
participate in the selection of administrative heads of the
community and technical colleges.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the commission has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission definitions including use of incentive money funds to influence
institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval including the use of
institutional missions as a template to judge the appropriateness
of both new and existing programs and the authority to implement
needed changes;
(5) Development of budget and allocation of resources,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
(6) Administration of Jointly with the council, administer
state and federal student aid programs, including promulgation of
any rules formerly vested in the previous governing boards in
relation to necessary to administer those programs;
(7) Acting Serving as the agent to receive and disburse public
funds when a governmental entity requires designation of a
statewide higher education agency for this purpose;
(8) Development, establishment and implementation of
information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Developing, establishing and implementing policies for licensing and oversight for both public and private degree-granting
and nondegree-granting institutions that provide post-secondary
education courses or programs in the state;
(10) Development, implementation and oversight of statewide
and regionwide projects and initiatives such as those using funds
from federal categorical programs or those using incentive and
performance-based funding from any source; and
(11) Quality assurance that intersects with all other duties
of the commission particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information
and accountability systems.
(c) In addition to the powers and duties provided for in
subsections (a) and (b) of this section and any other powers and
duties as may be assigned to it by law, the commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The commission is authorized to withdraw specific powers
of any governing board of an institution under its jurisdiction for
a period not to exceed two years if the commission makes a
determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated by independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
(4) The period of withdrawal of specific powers may not exceed
two years during which time the commission is authorized to take
steps necessary to reestablish the conditions for restoration of
sound, stable and responsible institutional governance.
(e) Notwithstanding the provisions of section six, article
one-a of this chapter, the commission shall undertake a study of
the most effective and efficient strategies and policies to address
the findings and intent of that section.
(1) The issues addressed by this study shall include, but not
be limited to:
(A) Strategies to ensure access to graduate education;
(B) The development of state colleges as regional graduate
centers with authority to broker access to graduate programs in
their responsibility areas;
(C) The process by which state colleges obtain authorization
to grant graduate degrees;
(D) The relationship of regional graduate centers at state
colleges to graduate programs offered within those regions by state universities; and
(E) Other issues related to initiatives to meet each region's
need and enhance the quality and competitiveness of graduate
programs offered and/or brokered by West Virginia state colleges
and universities.
(2) The commission shall report the findings of this study
along with the recommendations for legislative actions, if any, to
address these findings and the intent of this section, to the
legislative oversight commission on education accountability by the
first day of January, two thousand one.
§18B-1B-5. Employment of chancellor for higher education; office;
powers and duties generally; employment of vice chancellors.
(a) The commission, created pursuant to section one of this
article, shall employ a chancellor for higher education who shall
be is the chief executive officer of the commission and who shall
serve serves at its will and pleasure. The vice chancellor for
administration shall serve as the interim chancellor until a
chancellor is employed.
(b) The commission shall set the qualifications for the
position of chancellor and shall conduct a thorough nationwide
search for qualified candidates. A qualified candidate is one who
meets at least the following criteria:
(1) Possesses an excellent academic and administrative
background;
(2) Demonstrates strong communication skills;
(3) Has significant experience and an established national
reputation as a professional in the field of higher education;
(4) Is free of institutional or regional biases; and
(5) Holds or retains no other administrative position within
the a system of higher education while employed as chancellor.
(c) The chancellor shall be compensated on a basis in excess
of, but not to exceed twenty percent greater than, the base salary
of any president of a state institution of higher education or the
administrative head of a governing board.
(d) With the approval of the commission, the chancellor may
employ a vice chancellor for health sciences who shall serve serves
at the will and pleasure of the chancellor commission. The vice
chancellor for health sciences shall coordinate the West Virginia
university school of medicine, the Marshall university school of
medicine and the West Virginia school of osteopathic medicine and
also shall provide assistance to the governing boards on matters
related to medical education and health sciences. The vice
chancellor for health sciences shall perform all duties assigned by
the chancellor, the commission and state law. In the case of a
vacancy in the office of vice chancellor of health sciences, the
duties assigned to this office by law are the responsibility of the
chancellor or a designee.
(e) With the approval of the commission, the chancellor shall employ a vice chancellor for community and technical college
education and work force development who serves at the will and
pleasure of the chancellor. The duties of this position include
serving as the chief executive officer of the West Virginia council
for community and technical college education created pursuant to
article two-b of this chapter, and such other duties as assigned by
law or by the commission. Any reference in this code to the vice
chancellor for community and technical colleges means the vice
chancellor for community and technical college education and work
force development, which vice chancellor for community and
technical colleges shall become the vice chancellor for community
and technical college education and work force development. It is
the duty and responsibility of the vice chancellor for community
and technical college education and work force development to:
(1) Provide assistance to the commission, the chancellor and
the governing boards on matters related to community and technical
college education;
(2) Advise, assist and consult regularly with the
institutional presidents; institutional boards of governors or
boards of advisors, as appropriate; and district consortia
committees of the state institutions of higher education involved
in community and technical college education; and
(3) Perform all duties assigned by the chancellor, the
commission and state law.
(f) (e) With the approval of the commission, Together with the
chancellor for community and technical college education, the
chancellor shall employ a vice chancellor for administration
pursuant to section two, article four of this chapter.
(g) (f) With the approval of the commission, the chancellor
may employ a vice chancellor for state colleges who shall serve
serves at the will and pleasure of the chancellor commission. It
is the duty and responsibility of the vice chancellor for state
colleges to:
(1) Provide assistance to the commission, the chancellor and
the state colleges on matters related to or of interest and concern
to these institutions;
(2) Advise, assist and consult regularly with the
institutional presidents and institutional boards of governors of
each state college;
(3) Serve as an advocate and spokesperson for the state
colleges to represent them and to make their interests, views and
issues known to the chancellor, the commission and governmental
agencies;
(4) Perform all duties assigned by the chancellor, the
commission and state law.
In addition, the vice chancellor for state colleges has the
responsibility and the duty to provide staff assistance to the
institutional presidents and governing boards to the extent practicable.
(h) Apart from the offices of the vice chancellors as set
forth in this section and section two, article four of this
chapter, the chancellor shall determine the organization and
staffing positions within the office that are necessary to carry
out his or her powers and duties and may employ necessary staff.
(i) (g) The chancellor may enter into agreements with any
state agency or political subdivision of the state, any state
higher education institution or any other person or entity to
enlist staff assistance to implement the powers and duties assigned
by the commission or by state law.
(j) (h) The chancellor shall be is responsible for the
day-to-day daily operations of the commission and shall have has
the following responsibilities:
(1) To carry out policy and program directives of the
commission;
(2) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section
one-a, article one of this chapter and in the institutional
compacts;
(3) To prepare and submit to the commission for its approval
the proposed budget of the commission including the offices of the
chancellor and the vice chancellors;
(4) On and after the first day of July, two thousand one, to To assist the governing boards in developing rules, subject to the
provisions of section six, article one of this chapter. Provided,
That nothing Nothing in this chapter requires the rules of the
governing boards to be filed pursuant to the rule-making procedures
provided in article three-a, chapter twenty-nine-a of this code.
The chancellor shall be is responsible for ensuring that any policy
which is required to be uniform across the institutions is applied
in a uniform manner;
(5) To perform all other duties and responsibilities assigned
by the commission or by state law.
(k) (i) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities.
(l) (j) The chancellor, is the primary advocate for higher
education and with the commission, advises the Legislature on
matters of higher education in West Virginia. As the primary
advocate for higher education, the The chancellor shall work
closely with the legislative oversight commission on education
accountability and with the elected leadership of the state to
ensure that they are fully informed about higher education issues
and that the commission fully understands the goals for higher
education that the Legislature has established by law.
(m) (k) The chancellor may design and develop for
consideration by the commission new statewide or regional initiatives in accordance with the goals set forth in section
one-a, article one of this chapter and the public policy agenda
articulated by the commission.
(n) (l) The chancellor shall work closely with members of the
state board of education and with the state superintendent of
schools to assure that the following goals are met:
(1) Development and implementation of a seamless
kindergarten-through-college system of education; and
(2) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
commission and the state board of education, the chancellor shall
serve serves as an ex officio, nonvoting member of the state board
of education.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of
presidents of the public institutions of higher education shall be
made as follows:
(1) Subject to the approval of the commission, the appropriate
governing board of the institution shall appoint a president for
Bluefield state college, Concord college, eastern West Virginia
community and technical college Fairmont state college, Glenville
state college, Marshall university, Shepherd college, southern West
Virginia community and technical college West Liberty state
college, West Virginia northern community and technical college West Virginia school of osteopathic medicine, West Virginia state
college, and West Virginia university, Potomac state college and
West Virginia university institute of technology;
(2) Subject to the approval of the appropriate governing board
and to the provisions of article three-c of this chapter, the
president of the appropriate institution council, the governing
board of the community and technical college appoints a president
for eastern West Virginia community and technical college, southern
West Virginia community and technical college and West Virginia
northern community and technical college.
_____(3) Subject to the approval of the council, the governing
board of that institution shall appoint the president of the
regional campuses of West Virginia university at Parkersburg and of
the community and technical colleges which remain linked
administratively to a sponsoring institution. The presidents of
such regional campuses and community and technical colleges shall
serve at the will and pleasure of the institutional president. The
president of the sponsoring institution shall appoint a president
for the administratively linked community and technical college at
the appropriate time as outlined in the institutional compact and
approved by the commission. governing board.
_____(3) (4) Subject to the approval of the commission council and
to the provisions of article three-c of this chapter, the president
of the appropriate institution shall appoint the provost governing board of the community and technical college appoints the president
in those cases where the community and technical college remains as
a component of another institution. The provost shall serve
president serves at the will and pleasure of the president
governing board of the employing institution.
(b) Other appointments. -- Appointments of administrative
heads of state institutions of higher education shall be made in
accordance with the provisions of subsection (a) of this section
except in the following instances:
(1) Effective the first day of July, two thousand three, the
institutional president shall appoint a provost to be the
administrative head of New River community and technical college;
and
(2) Effective the first day of July, two thousand five, the
institutional president shall appoint a provost to be the
administrative head of the Potomac campus of West Virginia
university.
(c) Evaluation of administrative heads presidents. -- The
governing boards shall conduct written performance evaluations of
each institution's president. except the presidents of regional
campuses shall be evaluated by the president of West Virginia
university. The provosts The governing boards shall conduct
written performance evaluations of the presidents of
administratively linked community and technical colleges and other consolidated, merged or administratively linked units. shall be
evaluated by the president of the employing institution.
Evaluations shall be done in every fourth year of employment as
administrative head 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) Effective the thirtieth day of June, two thousand one, the
institutional boards of advisors at Bluefield state college,
Concord college, eastern West Virginia community and technical
college, Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and
technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and West
Virginia university are abolished.
(b) Effective the first day of July, two thousand one,
(a) A board of governors is established at each of the
following institutions: Bluefield state college, Concord college,
eastern West Virginia community and technical college, Fairmont
state college, Glenville state college, Marshall university,
Shepherd college, southern West Virginia community and technical
college, West Liberty state college, West Virginia northern
community and technical college, the West Virginia school of
osteopathic medicine, West Virginia state college and West Virginia
university. Each board of governors shall consist of twelve
persons. Provided, That the institutional boards of governors for
Marshall university and West Virginia university shall consist of
fifteen persons.
(b) The institutional board of advisors at West Virginia
university at Parkersburg and each administratively linked
community and technical college is abolished. There is established
at West Virginia university at Parkersburg and each
administratively linked community and technical college an
institutional board of governors. In making the initial
appointments to these institutional boards of governors, the
governor shall appoint, except in the case of death, resignation or
failure to be confirmed by the Senate, those persons who are lay
members of the institutional boards of advisors.
_____(c) The institutional boards of governors for Marshall
university and West Virginia university consist of fifteen persons. Each other board of governors consists of twelve persons.
(d) Each board of governors shall include includes:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body;
(3) A member from the institutional classified employees duly
elected by the classified employees; and
(4) Nine lay members appointed by the governor by and with the
advice and consent of the Senate pursuant to section one-a, article
six of this chapter. Provided, That For the institutional boards
of governors at Marshall university and West Virginia university,
twelve lay members shall be appointed by the governor by and with
the advice and consent of the Senate pursuant to section one-a,
article six of this chapter: Provided, however, That of the
appointed lay members, the governor shall appoint one
superintendent of a county board of education from the area served
by the institution: Provided further, That in making the initial
appointments to the institutional boards of governors, the governor
shall appoint, except in the case of death, resignation or failure
to be confirmed by the Senate, those persons who are lay members of
the institutional boards of advisors for those institutions named
in subsection (a) on the thirtieth day of June, two thousand one, and appointed pursuant to section one-a, article six of this
chapter.
(4) For the institutional boards of governors at Marshall
university and West Virginia university, twelve lay members
appointed by the governor, by and with the advice and consent of
the Senate, pursuant to section one-a, article six of this chapter.
For all other institutional boards of governors, nine lay members
appointed by the governor, by and with the advice and consent of
the Senate, pursuant to said section. Of the appointed lay
members, the governor shall appoint one superintendent of a county
board of education from the area served by the institution.
_____(c) (e) Of the nine members appointed by the governor, no more
than five may be of the same political party. Provided, That of Of
the twelve members appointed by the governor to the governing
boards of Marshall university and West Virginia university, no more
than seven may be of the same political party. At least six of the
nine members appointed shall be residents of the state. Provided,
however, That of Of the twelve members appointed by the governor to
the governing boards of Marshall university and West Virginia
university, at least eight of the members shall be residents of the
state.
(d) (f) The student member shall serve serves for a term of
one year. The term beginning in July, two thousand one, shall end
on the thirtieth day of June, two thousand two. Thereafter, The term shall begin Each term begins on the first day of July.
(e) (g) The faculty member shall serve serves for a term of
two years. The term beginning in July, two thousand one, ends on
the thirtieth day of June, two thousand three. Thereafter, the
term shall begin 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.
(f) (h) The member representing classified employees shall
serve serves for a term of two years. The term beginning in July,
two thousand one, shall end on the thirtieth day of June, two
thousand three. Thereafter, the term shall begin 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.
(g) (i) The appointed lay citizen members shall serve terms of
four years each and shall be are eligible to succeed themselves for
no more than one additional term.
(h) (j) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy in the same manner as the original appointment or
election. Except in the case of a vacancy, all elections shall be
held and all appointments shall be made no later than the thirtieth
day of June preceding the commencement of the term. except the
election of officers for the term beginning in July, two thousand one shall be made that July Each board of governors shall elect
one of its appointed lay members to be chairperson in June of each
year. No member may A member may not serve as chairperson for more
than two consecutive years.
(i) (k) The appointed members of the institutional boards of
governors shall serve staggered terms of the initial appointments
by the governor to each of the institutional boards of governors,
two shall be appointed for terms of one year, two shall be
appointed for terms of two years, two shall be appointed for terms
of three years and three shall be appointed for terms of four
years: Provided, That for the initial appointments to the
governing boards of Marshall university and West Virginia
university, three shall be appointed for terms of one year, three
shall be appointed for terms of two years, three shall be appointed
for terms of three years and three shall be appointed for terms of
four years. After the initial appointments, all appointees shall
serve for terms of four years.
(j) No person shall be eligible
(l) A person is ineligible for appointment to membership on a
board of governors 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. Provided, That this subsection shall not be construed
to This subsection does not prevent the representative from the
faculty, classified employees or students or the superintendent of
a county board of education from being members of the governing
boards.
(k) (m) 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.
(l) (n) No 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.
(m) (o) 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 shall
serve without compensation, but shall be are reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of their official duties under this article upon presentation of an itemized sworn statement of their expenses. All
expenses incurred by the board of governors and the institution
under this section shall be are paid from funds allocated to the
institution for that purpose.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institutions of higher education under its jurisdiction;
(b) Develop a master plan for the institutions under its
jurisdiction. except the administratively linked community and
technical colleges shall develop their master plans subject to the
provisions of section one, article six of this chapter. The
ultimate responsibility for developing and updating the master
plans at the institutional level resides with the board of
governors, or board of advisors, as applicable but the ultimate
responsibility for approving the final version of the institutional
master plans, including periodic updates, resides with the
commission or council, as appropriate. Each master plan shall
include, but not be limited to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(3) Documentation of the involvement of the commission or
council, as appropriate, institutional constituency groups,
clientele of the institution and the general public in the
development of all segments of the institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including the addition or deletion of degree programs
as, in the discretion of the appropriate governing board, may be
necessary;
(c) Prescribe for the institutions under its jurisdiction, in
accordance with its master plan and the compact for each
institution, specific functions and responsibilities to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;
(d) Direct the preparation of a budget request for the
institutions under its jurisdiction, such request to relate
directly to missions, goals and projections as found in the
institutional master plans and the institutional compacts;
(e) Consider, revise and submit to the commission or council, as appropriate, a budget request on behalf of the institutions
under its jurisdiction;
(f) Review, at least every five years, all academic programs
offered at the institutions under its jurisdiction. The review
shall address the viability, adequacy and necessity of the programs
in relation to its institutional master plan, the institutional
compact and the education and work force needs of its
responsibility district. As a part of the review, each governing
board shall require the institutions under its jurisdiction to
conduct periodic studies of its graduates and their employers to
determine placement patterns and the effectiveness of the education
experience. Where appropriate, these studies should coincide with
the studies required of many academic disciplines by their
accrediting bodies;
(g) The governing boards shall ensure that the sequence and
availability of academic programs and courses offered by the
institutions under their jurisdiction is such that students have
the maximum opportunity to complete programs in the time frame
normally associated with program completion. Each governing board
is responsible to see that the needs of nontraditional college-age
students are appropriately addressed and, to the extent it is
possible for the individual governing board to control, to assure
core coursework completed at institutions under its jurisdiction is
transferable to any other state institution of higher education for credit with the grade earned;
(h) Subject to the provisions of article one-b of this
chapter, the appropriate governing board has the exclusive
authority to approve the teacher education programs offered in the
institution under its control. In order to permit graduates of
teacher education programs to receive a degree from a nationally
accredited program and in order to prevent expensive duplication of
program accreditation, the chancellor may select and utilize one
nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation;
(i) Utilize faculty, students and classified employees in
institutional-level planning and decisionmaking when those groups
are affected;
(j) Subject to the provisions of federal law and pursuant to
the provisions of article nine of this chapter and to rules adopted
by the commission or council, administer a system for the
management of personnel matters, including, but not limited to,
personnel classification, compensation and discipline for employees
of at the institutions under their jurisdiction;
(k) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article six-a, chapter
twenty-nine of this code is the exclusive mechanism for hearing
prospective employee grievances and appeals. In construing the application of said article to grievances of higher education
employees, the following apply:
(1) "Chief administrator" means the president of a state
institution of higher education as to those employees employed by
the institution and the appropriate chancellor as to those
employees employed by the commission or council;
(2) The state division of personnel may not be a party to nor
have any authority regarding a grievance initiated by a higher
education employee; and
(3) The provisions of this section supersede and replace the
grievance procedure set out in article twenty-nine, chapter
eighteen of this code for any grievance initiated by a higher
education employee after the first day of July, two thousand one;
(l) Solicit and utilize or expend voluntary support, including
financial contributions and support services, for the institutions
under its jurisdiction;
(m) Appoint a president or other administrative head for the
institutions under its jurisdiction subject to the provisions of
section six, article one-b of this chapter;
(n) Conduct written performance evaluations of each
institution's the president pursuant to section six, article one-b
of this chapter;
(o) Employ all faculty and staff at the institution under its
jurisdiction. Such employees operate under the supervision of the president, but are employees of the governing board;
_____(o) (p) Submit to the commission or council, as appropriate,
no later than the first day of November of each year an annual
report of the performance of the institutions institution under its
jurisdiction during the previous fiscal year as compared to stated
goals in its master plan and institutional compact;
(p) (q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the public
institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal,
the boards are permitted to share resources among the various
groups in the community;
(q) (r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this
chapter;
(r) (s) Delegate, with prescribed standards and limitations,
the part of its power and control over the business affairs of a
particular institution under its jurisdiction to the president or
other administrative head of the institution to the president in
any case where it considers the delegation necessary and prudent in
order to enable the institution to function in a proper and
expeditious manner and to meet the requirements of its institutional compact. If a governing board elects to delegate any
of its power and control under the provisions of this subsection,
it shall notify the appropriate chancellor. Any such delegation of
power and control may be rescinded by the appropriate governing
board or the chancellor at any time, in whole or in part;
(s) (t) Unless changed by the appropriate chancellor, the
governing boards shall continue to abide by existing rules setting
forth standards for acceptance of advanced placement credit for
their respective institutions. Individual departments at
institutions of higher education may, upon approval of the
institutional faculty senate, require higher scores on the advanced
placement test than scores designated by the appropriate governing
board when the credit is to be used toward meeting a requirement of
the core curriculum for a major in that department;
(t) (u) Each governing board, or its designee, shall consult,
cooperate and work with the state treasurer and the state auditor
to update as necessary and maintain an efficient and cost-effective
system for the financial management and expenditure of special
revenue and appropriated state funds at the institutions under its
jurisdiction that ensures that properly submitted requests for
payment be paid on or before due date but, in any event, within
fifteen days of receipt in the state auditor's office;
(u) (v) The governing boards in consultation with the
appropriate chancellor and the secretary of the department of administration shall develop, update as necessary and maintain a
plan to administer a consistent method of conducting personnel
transactions, including, but not limited to, hiring, dismissal,
promotions and transfers at the institutions under their
jurisdiction. Each such personnel transaction shall be accompanied
by the appropriate standardized system or forms which will be
submitted to the respective governing board and the department of
finance and administration;
(v) (w) Notwithstanding any other provision of this code to
the contrary, the governing boards may transfer funds from any
account specifically appropriated for their use to any
corresponding line item in a general revenue account at any agency
or institution under their jurisdiction as long as such transferred
funds are used for the purposes appropriated. The governing boards
may transfer funds from appropriated special revenue accounts for
capital improvements under their jurisdiction to special revenue
accounts at agencies or institutions under their jurisdiction as
long as such transferred funds are used for the purposes
appropriated; and
(w) (x) Notwithstanding any other provision of this code to
the contrary, the governing boards may acquire legal services as
are considered necessary, including representation of the governing
boards, their institutions, employees and officers before any court
or administrative body. The counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the
governing boards may, but are not required to, call upon the
attorney general for legal assistance and representation as
provided by law.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-1. Legislative findings; intent; purpose.
(a) The Legislature hereby finds that:
(1) The goals, objectives and purposes contained in Enrolled
Senate Bill No. 653, passed during the two thousand regular
legislative session, in two thousand reflected the research
findings available to the Legislature at the time; since then,
however, additional research indicates that, while Enrolled Senate
Bill No. 653 moves in the appropriate direction of independent
accreditation and meeting essential conditions for public community
and technical colleges, the legislation does not take the final
steps that are considered to be necessary by independent
researchers. This position is clearly demonstrated by the recent
research findings and recommendations cited below:
(A) (1) "West Virginia: A Vision Shared! Economic Development:
A Plan for West Virginia's Future", hereinafter cited in this
article and article two-c of this chapter as the Market Street
Report, is a research document commissioned by the West Virginia
council for community and economic development to assess the economic competitiveness of the state. The report makes a number of
findings and recommendations important to public community and
technical college education:
(i) (A) The state needs to adopt and implement a specific
focus on technical education; in particular, it needs to move away
from the traditionally isolated and limited vocational programming
towards a systematic approach of teaching technical skills that
employers need today;
(ii) (B) The state needs to establish a strong technical
education system that is separate from the university system and is
responsive to the needs of business throughout the state;
(iii) (C) The state needs to establish as a high-level
priority the training and retraining of its working-age adults to
help them acquire and maintain the competitive skills they need to
succeed in today's economy; and
(iv) (D) The state needs to emphasize the role of lifelong
learning as a critical piece of its overall education and training
system if the state is to make the transition to the new economy.
(B) (2) The Report to the Legislative Oversight Commission on
Education Accountability, hereinafter cited in this article and
article two-c as the McClenney Report, is a study required by
provisions of Enrolled Senate Bill No. 653 and conducted by Dr. Kay
McClenney. The research found that:
(i) (A) The participation rate in West Virginia community and technical college education is substantially lower than will be
necessary if the state is to achieve its goals for economic
development and prosperity for its citizens;
(ii) (B) The low visibility of the component community and
technical colleges effectively restricts access for the West
Virginians who most need encouragement to participate in
post-secondary education and training;
(iii) (C) It is not clear that the parent institutions of the
component community colleges actually embrace the community college
mission;
(iv) (D) The community and technical college developmental
education programs are under serving by far the evident needs of
the population, especially as that service relates to
nontraditional students;
(v) (E) Adults over age twenty-five are under represented in
the community and technical college student populations;
(vi) (F) Technical education program development and
enrollment are not at the levels necessary to serve the needs of
the state;
(vii) (G) Independent accreditation and the essential
conditions required by Enrolled Senate Bill No. 653 are necessary,
but not sufficient alone to provide a strong enough tool to
accomplish the state's goal to strengthen community and technical
college education;
(H) The community and technical college will not be able to
operate optimally until they move out of the shadow of their
"parent" institutions, with the flexibility and autonomy to
establish a uniquely community college identity, culture, program
mix, outreach capacity and approach to teaching and learning;
_____(I) The development of stronger support mechanisms for the
community and technical colleges should be an extension of the
ongoing step-by-step process for achieving the goals for post
secondary education in the state;
_____(J) Building on the foundations laid in Enrolled Committee
Substitute for Senate Bill No. 547 and Enrolled Senate Bill No.
653, the Legislature should now establish the further systemic and
policy supports that are needed for the community and technical
college to thrive, perform and meet state goals;
_____(K) Implementation will necessarily be incremental;
_____(L) The consistent focus at the state level should be on the
statewide mission of raising educational attainment, increasing
adult literacy, promoting workforce and economic development and
ensuring access to advanced education for the citizens of West
Virginia;
_____(M) The solution must ensure a high degree of flexibility and
autonomy at the local level, preserving the ability of community
and technical colleges to respond rapidly and effectively to local
needs;
_____(N) At the same time, there is serious and recognized need for
statewide leadership, coordination and support for the work of the
community and technical colleges and the advocacy for the public
priorities that these institutions are charged to address;
and therefore
(viii) (O) The state needs to create a community college
support capacity at the state level that will bring leadership,
coordination, technical support, advocacy and critical mass to a
statewide network of local community and technical college
campuses.
(C) (3) The Report and Recommendations of the Implementation
Board to the West Virginia Higher Education Policy Commission,
hereinafter cited in this article and article two-c of this chapter
as the Implementation Board Report, is a study required by Enrolled
Senate Bill No. 653 to determine the most effective and efficient
method to deliver community and technical college services in the
former responsibility areas of Marshall university, West Virginia
state college and West Virginia university institute of technology.
The Implementation Board Report states its goals and vision for
community and technical college education in the advantage valley
region as one of a dynamic, vital and vibrant community college
network which offers:
(i) (A) Affordable, quality training and education to
students;
(ii) (B) Represents a recognized path of choice to success in
the knowledge economy for thousands of West Virginians; and
(iii) (C) Provides West Virginia businesses with the highly
skilled work force necessary to meet their evolving needs in the
global knowledge economy.
(D) (4) In furtherance of their goals, the Implementation
Board Report recommended formation of the advantage valley
community college network:
(i) (A) To enhance economic development through coordinated
leadership and a delivery system for education and training
initiatives;
(ii) (B) To provide accountability through a separate compact
and through independent accreditation of each of the affected
community and technical colleges; and
(iii) (C) To enhance education opportunities for the citizens
of the area and assist in overcoming the barrier of accessibility
in higher education.
(b) Based on the recent research cited above, the Legislature
further finds that:
(1) The recommendations of the Market Street Report clearly
point out the shortcomings of the state's current approach to
providing post-secondary education and programs and show the
consequences of failing to change appropriately;
(2) The research, findings, vision and goals set forth in the McClenney Report and the Implementation Board Report are noteworthy
and, although written, in part, to address specific institutions,
have broad application statewide for community and technical
colleges;
(3) The research shows that:
(A) A need exists to enhance community and technical college
education in West Virginia through the delivery of services that
meet the goals of this chapter and that are delivered pursuant to
the process for meeting the essential conditions established in
section three, article three-c of this chapter;
(B) A need exists for statewide leadership, coordination and
support for the work of the community and technical colleges and
for advocacy for the public priorities these institutions are
charged to address;
(C) Community and technical colleges need to be efficient,
avoiding duplication and the burden of bureaucracy while
recognizing fiscal realities;
(D) Community and technical colleges need a high degree of
flexibility and local autonomy to preserve and expand their ability
to respond rapidly and effectively to local or regional needs;
(E) Community and technical colleges need state-level support
and leadership that recognize differences among regions of the
state and among institutions and accept the reality that
institutions are at different stages in their development and have different challenges and capabilities;
(F) Clear benchmarks and regular monitoring are required to
assess the progress of community and technical colleges toward
meeting the established goals and for meeting the essential
conditions, including independent accreditation, established in
this chapter;
(G) Implementation will necessarily be incremental;
(4) Certain acts to streamline accountability, to make maximum
use of existing assets to meet new demands and target funding to
initiatives designed to enhance and reorient existing capacity and
to provide incentives for brokering and collaboration require that
the role of the joint commission for
vocational-technical-occupational education be reexamined.
(c) Legislative intent. -- The intent of the Legislature in
enacting this article is to address the research findings cited
above by reconstituting the joint commission for vocational-
technical-occupational education as the West Virginia council for
community and technical college education in order to reorient the
mission, role and responsibilities consistent with and supportive
of the mission, role and responsibilities of the commission, the
goals for post-secondary education and accountability for assisting
the public community and technical colleges, branches, centers,
regional centers and other delivery sites with a community and
technical college mission in achieving the state's public policy agenda.
(d) Purpose. -- The purpose of this article is to provide for
the development of a leadership and support mechanism for the
community and technical colleges, branches, centers, regional
centers and other delivery sites with a community and technical
college mission to assist them in meeting the essential conditions
and in the step-by-step implementation process for achieving the
goals for community and technical college education as provided for
in article three-c of this chapter and to promote coordination and
collaboration among secondary and post-secondary vocational-
technical-occupational and adult basic education programs as
provided for in this chapter and chapter eighteen of this code. The
focus of this leadership and support mechanism is to encourage
development of a statewide mission to raise education attainment,
increase adult literacy, promote work force and economic
development and ensure access to secondary and post-secondary
education for the citizens of the state while maintaining the local
autonomy and flexibility necessary to the success of community and
technical education.
§18B-2B-2. Definitions.
The following words when used in this article have the meaning
hereinafter ascribed to them unless the context clearly indicates
a different meaning:
(a) "Adult basic education" means adult basic skills education designed to improve the basic literacy needs of adults, including
information processing skills, communication skills and
computational skills, leading to a high school equivalency diploma
under the jurisdiction of the state board of education.
(b) "Post-secondary vocational-technical-occupational
education" means any course or program beyond the high school level
that results in, or may result in, the awarding of a two-year
associate degree, certificate or other credential from an
institution under the jurisdiction of a governing board or other
public or private education provider.
(c) "Secondary vocational-technical-occupational education"
means any course or program at the high school level that results
in, or may result in, a high school diploma or its equivalent under
the jurisdiction of the state board of education.
(d) "Vice chancellor" means the vice chancellor for community
and technical college education and work force development
"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 five, article one-b of this chapter. Any reference in this
code to the vice chancellor for community and technical college
education and workforce development means the chancellor for
community and technical college education.
(e) "West Virginia Council for Community and Technical College Education" or "council" means the council established pursuant to
section three of this article. On and after the effective date of
this article, any Any reference in this code to the joint
commission for vocational-technical-occupational education means
the West Virginia council for community and technical college
education.
§18B-2B-3. West Virginia council for community and technical
college education; supervision of chancellor; chief executive
officer.
(a) Effective the first day of July, two thousand one, the
West Virginia joint commission for vocational-technical-
occupational education is reconstituted as the West Virginia
council for community and technical college education. Any
reference in this code to the joint commission for
vocational-technical-occupational education means the West Virginia
council for community and technical college education.
_____(a) There is established the West Virginia council for
community and technical college education. The council has all the
powers and duties assigned by law to the joint commission for
vocational-technical-occupational education prior to the effective
date of this section and such other powers and duties as may be
assigned by law. or by the commission
(b) The council is subject to the jurisdiction of the
commission established in article one-b of this chapter. The vice chancellor shall employ a chancellor for community and technical
college education. The chancellor serves as chief executive
officer of the council and at the will and pleasure of the council.
The chancellor shall be compensated at a level set by the council
not to exceed eighty percent of the annual salary of the chancellor
for higher education.
_____(1) The vice chancellor for community and technical college
education and work force development, as the current chief
executive officer of the council, will continue in such capacity
upon the effective date of this section, and become the chancellor
for community and technical college education.
_____(A) The council shall evaluate the performance of the
chancellor one year after the effective date of this section.
_____(B) The council shall report the results of the evaluation to
the legislative oversight commission on education accountability
during the legislative interim meeting period following the
evaluation.
_____(2) The chancellor maintains all benefits of employment held,
accrued and afforded as the vice chancellor for community and
technical college education and workforce development. Such
benefits include, but are not limited to, retirement benefits,
continued membership in the same retirement system, any insurance
coverage and sick and annual leave. For the purposes of leave
conversion established in section thirteen, article sixteen, chapter five of this code, the chancellor is not a new employee,
and the prohibition on conversion does not apply if the chancellor
was eligible for leave conversion while serving as vice chancellor
on the day preceding the effective date of this section. On the
effective date of this section, for the purpose of section
thirteen, article sixteen, chapter five of this code, the
chancellor:
_____(A) Maintains all sick and annual leave accrued and all rights
to convert the leave that had been accrued as vice chancellor; and
_____(B) Continues to maintain his or her status for eligibility
under the provisions and application of said section as applied
while serving as vice chancellor on the day preceding the effective
date of this section.
§18B-2B-4. Appointment, composition and terms of council.
(a) On the effective date of this section, the joint
commission for vocational-technical-occupational education is
reconstituted as the West Virginia council for community and
technical college education and all terms of members appointed by
the governor prior to the effective date of this section expire
upon the appointment by the governor of all the members required to
be appointed by this section.
(b) (a) The council is comprised of eight twelve members
selected as follows:
(1) Three Eight members appointed by the governor, with the advice and consent of the Senate. One member shall be appointed
from each community and technical college consortia district as
established in this section.
_____(2) Two members appointed by the governor from a list of six
persons nominated by the president of the Senate: Provided, That
no more than two nominees may be from the same congressional
district and no more than three may be from the same political
party;
(3) Two members appointed by the governor from a list of six
persons nominated by the speaker of the House of Delegates:
Provided, That no more than two nominees may be from the same
congressional district and no more than three may be from the same
political party; and (4)
(2) The executive director of the West Virginia business
roundtable;
_____(3) The executive director of the West Virginia development
office, or designee;
_____(4) The chair of the higher education policy commission who
serves as an ex officio, nonvoting member of the council; and
_____(5) The assistant superintendent for technical and adult
education of the state department of education who serves as an ex
officio, nonvoting member of the council;
(c) The governor may, but is not required to reappoint any
person who was a member of the joint commission immediately prior to the effective date of this section: Provided, That the
individual selected is otherwise eligible to serve.
(d) (b) All appointed members shall be citizens Any appointed
member shall be a citizen of the state, shall represent the public
interest and shall be persons who understand and be committed to
achieving the goals and objectives set forth in section one-a,
article one of this chapter, the essential conditions for community
and technical college education programs and services set forth in
article three-c of this chapter, and the goals for secondary and
post-secondary vocational-technical-occupational and adult basic
education in the state. The appointed members Any appointed
member shall represent the interests of the business, labor and
employer communities and demonstrate knowledge of the education
needs of the various regions, attainment levels and age groups
within the state.
(e) (c) The governor may not appoint any person to be a member
of the council who is an officer, employee or member of an advisory
board of any state college or university, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions, an appointee or
employee of any governing board or an immediate family member of
any employee under the jurisdiction of the commission or any
governing board. No individual may An individual may not serve on
the council who is engaged in providing, or employed by a person or company whose primary function is to provide, workforce development
services and activities. of the members appointed by the governor,
no more than four thereof may belong to the same political party
and no more than three may be appointed from any congressional
district.
(f) (d) Members of the council shall serve for staggered terms
of four years. except that of the original appointments, one member
shall be appointed for one year; two members shall be appointed for
two years; two members shall be appointed for three years; and two
members shall be appointed for four years. No member may serve
more than two consecutive full terms nor may any member be
appointed to a term which results in the member serving more than
eight consecutive years. Notwithstanding the provisions of
subdivision (1), subsection (a) of this section, on the effective
date of this section any current member of the council maintains
his or her appointment to the council and continues to serve for
the remainder of the term for which originally appointed. Any
additional appointment required by the provisions of said
subdivision shall represent a consortia district not otherwise
represented on the council.
§18B-2B-5. Meetings and compensation.
(a) The vice chancellor shall call the initial meeting of the
council and preside until a chairperson is selected. The members
shall elect a chairperson from among the persons appointed by the governor. The council shall hold at least eight meetings annually
and may meet more often at the call of the chairperson. One such
meeting shall be a public forum for the discussion of the goals and
standards for workforce development, economic development and
vocational education in the state.
(b) The council shall hold an annual meeting each June for the
purpose of electing officers for the next fiscal year. At the
annual meeting, the council shall elect from its appointed members
a chairperson and other officers as it may consider necessary or
desirable. Provided, That the initial meeting for the purpose of
selecting the first chairperson and other officers shall be held
during July, two thousand one, or as soon thereafter as
practicable. The chairperson and other officers shall be are
elected for a one-year term two-year terms commencing on the first
day of July following the annual meeting. Provided, however, That
the terms of officers elected in July, two thousand one, begin upon
election and end on the thirtieth day of June, two thousand two.
The chairperson of the board may serve no more than two consecutive
two-year terms as chair.
(c) Members of the council shall serve without compensation.
but shall be Members are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of their
official duties under this article upon presentation of an itemized
sworn statement of their expenses. except that the An ex officio member of the council who is an employee of the state shall be is
reimbursed by the employing agency.
(d) A majority of the members appointed constitutes a quorum
for conducting the business of the council. All action taken by
the council shall be by majority vote of the members present.
§18B-2B-6. Powers and duties of the council.
(a) The council has all the powers and duties assigned to the
joint commission prior to the effective date of this article as set
forth in the provisions of section two, article two-b, chapter
eighteen of this code and such other powers and duties as may be
assigned by law or by the commission. Authority granted under that
section to the joint commission as
(a) The council is the sole agency responsible for the
administration of vocational-technical-occupational education and
community and technical college education in the state. is hereby
transferred to the council. (b) Under the supervision of the
commission The council has jurisdiction and authority over the
community and technical colleges and the system of community and
technical college education as a whole.
_____(b) As relates to the authority established in subsection (a)
of this section, the council has the following powers and duties:
(1) Jointly with the commission, develop, oversee and advance
the public policy agenda to address major challenges facing the
state, including, but not limited to, the goals and objectives found in section one-a, article one of this chapter and including
specifically those goals and objectives pertaining to the compacts
created pursuant to section two, article one-a of this chapter and
to develop and implement the master plan described in section ten
of this article for the purpose of accomplishing the mandates of
this section;
_____(2) Jointly with the commission, develop, oversee and advance
the implementation of a financing policy for higher education in
West Virginia. The policy shall meet the following criteria:
_____(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
_____(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
_____(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
_____(D) Establish for incorporation into the financing policy for
higher education in West Virginia a plan for strategic funding to
strengthen capacity for support of community and technical college
education;
_____(3) Jointly with the commission, create a policy leadership
structure capable of the following actions:
_____(A) Developing, building public consensus around and sustaining attention to a long-range public policy agenda. In
developing the agenda, the commission and council shall seek input
from the Legislature and the governor and specifically from the
state board of education and local school districts in order to
create the necessary linkages to assure smooth, effective and
seamless movement of students through the public education and
post-secondary education systems and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
_____(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
_____(C) Holding the higher education institutions and the higher
education systems as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
_____(1) To develop and recommend to the commission
(4) To develop for inclusion in the statewide public agenda,
a plan for raising education attainment, increasing adult literacy,
promoting work force and economic development and ensuring access
to advanced education for the citizens of West Virginia;
(2) (5) To provide statewide leadership, coordination,
support, and technical assistance to the community and technical
colleges and to provide a focal point for visible and effective
advocacy for their work and for the public agenda adopted jointly by the commission and council. This responsibility includes, but
is not limited to:
(A) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education under the council's jurisdiction; and
(B) Holding the higher education institutions community and
technical colleges and the higher education community and technical
college system as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(3) To review and approve
(6) To annually review and adopt all institutional compacts
for the community and technical colleges prior to their submission
to the commission for final approval pursuant to the provisions of
section two, article one-a of this chapter;
_____(4) To consider and submit to the commission a budget
(7) Serve as the accountability point to:
_____(A) The governor for implementation by the community and
technical colleges of their role in advancing the public policy
agenda; and
_____(B) The Legislature by maintaining a close working
relationship with the legislative leadership and the legislative
oversight commission on education accountability;
_____(8) Jointly with the commission, promulgate legislative rules
pursuant to article three-a, chapter twenty-nine-a of this code to fulfill the purposes of section five, article one-a of this
chapter;
_____(9) Establish and implement a peer group for each community
and technical college pursuant to section three, article one-a of
this chapter;
_____(10) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions;
_____(11) Review the progress of community and technical colleges
in every region of West Virginia. The review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the
step-by-step implementation required in article three-c of this
chapter;
_____(12) Annually report to the Legislature and to the legislative
oversight commission on education accountability during the January
interim meetings, on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the
following:
_____(A) The performance of the community and technical college
system during the previous fiscal year, including, but not limited
to, progress in meeting goals stated in the compacts and progress
of the institutions and the system as a whole in meeting the goals and objectives set forth in section one-a, article one of this
chapter;
_____(B) The priorities established for capital investment needs
pursuant to subdivision (13) of this subsection and the
justification for such priority;
_____(C) Recommendations of the council for statutory changes
necessary to further the goals and objectives set forth in section
one-a, article one of this chapter;
_____(13) Jointly with the commission, establish a formal process
for identifying needs for capital investments and for determining
priorities for these investments;
_____(14) Review and approve or disapprove capital projects as
described in this section and subsection (a), section four, article
one-b of this chapter;
_____(15) Jointly with the commission, maintain guidelines for
institutions to follow concerning extensive capital projects. The
guidelines shall provide a process for developing capital projects,
including, but not limited to, the notification by an institution
to the commission or council, as appropriate, of any proposed
capital project which has the potential to exceed one million
dollars in cost. Such a project may not be pursued by an
institution under the jurisdiction of the council without approval
of the council. An institution may not participate, directly or
indirectly, with any public or private entity in any capital project which has the potential to exceed one million dollars in
cost;
_____(16) Jointly with the commission, develop, establish and
implement guidelines for community and technical colleges and their
governing boards to follow when considering capital projects. The
guidelines shall include, but not be limited to, the following:
_____(A) That the governing boards and institutions not approve or
promote projects that give competitive advantage to new private
sector projects over existing West Virginia businesses, unless the
council determines such private sector projects are in the best
interest of the students, the institution and the community to be
served; and
_____(B) That the governing boards and institutions not approve or
promote projects involving private sector businesses which would
have the effect of reducing property taxes on existing properties
or avoiding, in whole or in part, the full amount of taxes which
would be due on newly developed or future properties;
_____(17) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
_____(18) Acquire legal services as are considered necessary,
including representation of the council, its institutions,
employees and officers before any court or administrative body, notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the council may, but is not
required to, call upon the attorney general for legal assistance
and representation as provided by law;
_____(19) Employ a chancellor for community and technical college
education pursuant to section three of this article;
_____(20) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the council consistent with
the provisions of section two, article four of this chapter;
_____(21) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the council who are employed
solely by the council;
_____(22) Provide suitable offices in Charleston for the chancellor
and other staff;
_____(23) Approve the total compensation package from all sources
for presidents of community and technical colleges, as proposed by
the governing boards. The governing boards must obtain approval
from the council of the total compensation package both when
presidents are employed initially and subsequently when any change
is made in the amount of the total compensation package;
_____(24) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
_____(25) Establish and implement policies and programs, jointly
with the community and technical colleges, through which students
who have gained knowledge and skills through employment,
participation in education and training at vocational schools or
other education institutions, or internet-based education programs,
may demonstrate by competency-based assessment that they have the
necessary knowledge and skills to be granted academic credit or
advanced placement standing toward the requirements of an associate
degree or a bachelor's degree at a state institution of higher
education;
_____(26) Seek out and attend regional, national and international
meetings and forums on education and work force development-related
topics, as in the council's discretion is critical for the
performance of their duties as members for the purpose of keeping
abreast of education trends and policies to aid it in developing
the policies for this state to meet the established education goals
and objectives pursuant to section one-a, article one of this
chapter;
_____(27) The council has the authority to assess community and
technical colleges for the payment of expenses of the council or
for the funding of statewide higher education services, obligations or initiatives pursuant to the provisions of section two, article
ten of this chapter;
_____(28) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to community
and technical colleges for qualifying noncapital expenditures
incurred in the provision of services to students with physical,
learning or severe sensory disabilities;
_____(29) Assume the prior authority of the commission in examining
and approving tuition and fee increase proposals submitted by
community and technical college governing boards as provided in
section one, article ten of this chapter.
_____(30) To consider and submit to the appropriate agencies of the
executive and legislative branches of state government, a single
budget for community and technical college education that reflects
recommended appropriations for community and technical colleges
that:
(A) Includes recommended appropriations; (B) Considers the
progress of each institution toward meeting the essential
conditions set forth in section three, article three-c of this
chapter, including independent accreditation; and
(C) (B) Considers the progress of each institution toward
meeting the goals established in its institutional compact;
(5) To make recommendations to the commission for approval of
the administration and distribution of
(31) To administer and distribute the independently accredited
community and technical college development account;
(6) To design and recommend to the commission
(32) To establish a plan of strategic funding to strengthen
capacity for support of community and technical college education
in all areas of the state;
(7) (33) To foster coordination among all state-level,
regional and local entities providing post-secondary vocational
education or work force development and to coordinate all public
institutions and entities that have a community and technical
college mission;
(8) (34) To assume on behalf of the commission the principal
responsibility for overseeing the implementation of the
step-by-step process for achieving independent accreditation and
for meeting the essential conditions pursuant to article three-c of
this chapter;
(9) To participate in the selection of administrative heads of
the community and technical colleges; as directed by the commission
(35) To advise and consent in the appointment of the
presidents of the community and technical colleges pursuant to
section six, article one-b of this chapter. The role of the
council in approving a president is to assure through personal
interview that the person selected understands and is committed to
achieving the goals and objectives as set forth in the institutional compact and in section one-a, article one of this
chapter;
_____(10) (36) To provide a single, statewide link for current and
prospective employers whose needs extend beyond one locality;
(11) (37) To provide a mechanism that serves two or more
institutions to facilitate joint problem-solving in areas
including, but not limited to:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across
the state;
(C) Providing one-stop service for workforce training to be
delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and
collaborative ventures;
(12) (38) To provide support and technical assistance to
develop, coordinate and deliver effective and efficient community
and technical college education programs and services in the state;
(13) (39) To assist the community and technical colleges in
establishing and promoting links with business, industry and labor
in the geographic areas for which each of the community and
technical colleges is responsible;
(14) (40) To develop alliances among the community and
technical colleges for resource sharing, joint development of
courses and courseware, and sharing of expertise and staff development;
(15) (41) To serve aggressively as an advocate for development
of a seamless curriculum;
(16) (42) To cooperate with the governor's P-20 council of
West Virginia to remove barriers relating to transfer and
articulation between and among community and technical colleges,
state colleges and universities, and public education, preschool
through grade twelve;
(17) (43) To encourage the most efficient utilization of
available resources; The council for community and technical
college education is responsible for advising the commission on
these issues and making appropriate recommendations
(16) (44) To assist coordinate with the commission in
informing public school students, their parents and teachers of the
academic preparation that students need in order to be prepared
adequately to succeed in their selected fields of study and career
plans, including presentation of academic career fairs;
(45) Jointly with the commission, approve and implement a
uniform standard, as developed by the chancellor, to determine
which students shall be placed in remedial or developmental
courses. The standard shall be aligned with college admission
tests and assessment tools used in West Virginia and shall be
applied uniformly by the governing boards throughout the public
higher education system. The chancellor shall develop a clear, concise explanation of the standard which the governing boards
shall communicate to the state board of education and the state
superintendent of schools;
_____(46) Develop and implement strategies and curriculum for
providing developmental education which shall be applied by any
state institution of higher education providing developmental
education.
_____(47) Jointly with the commission, develop and implement an
oversight plan to manage systemwide technology such as the
following:
_____(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort, increase
the delivery of instruction to nontraditional students, provide
services to business and industry and increase the management
capabilities of the higher education system; and
_____(B) Reviewing courses and programs offered within the state by
nonstate public or private institutions of higher education;
_____(17) (48) To assist the commission in developing develop a
statewide system of community and technical college programs and
services in every region of West Virginia for competency-based
certification of knowledge and skills, including a statewide
competency-based associate degree program;
(18) (49) To review and approve all institutional master plans for the community and technical colleges; prior to their submission
to the commission for final approval
(19) (50) To recommend to the commission establish policies or
rules for promulgation that are necessary or expedient for the
effective and efficient performance of community and technical
colleges in the state;
(51) In its sole discretion, transfer any rule, other than a
legislative rule, to the jurisdiction of the governing boards who
may rescind, revise, alter or amend any rule so transferred
pursuant to rules adopted by the council;
_____(20) (52) To recommend to the commission a set of establish
benchmarks and performance indicators to apply to for community and
technical colleges to measure institutional progress toward meeting
the goals as outlined in section one-a, article one of this chapter
and in meeting the essential conditions established in article
three-c of this chapter;
(21) (53) To assist the commission staff in developing a
separate section on community and technical colleges develop for
inclusion in the higher education report card, as defined in
section eight, article one-b of this chapter, a separate section on
community and technical colleges. This section shall include, but
is not limited to, evaluation of the institutions based upon the
benchmarks and indicators developed in subdivision (20) (51) of
this subsection;
(22) (54) If approved by the commission to facilitate creation
To facilitate continuation of the advantage valley community
college network under the leadership and direction of Marshall
community and technical college, subject to the provisions of
paragraph (B), subdivision (6), subsection (c), section four,
article three-c of this chapter; recommended by the Implementation
Board Report
(55) To initiate and facilitate creation of as well as any
other regional networks of affiliated community and technical
colleges if requested by all affected institutions in that region;
as the commission that the council finds to be appropriate and in
the best interests of the citizens to be served;
(23) (56) To advise and assist the state board of education
and the commission on develop with the state board of education
state plans for secondary and post-secondary
vocational-technical-occupational and adult basic education,
including, but not limited to:
(A) Policies to strengthen vocational-technical-occupational
and adult basic education; and
(B) Programs and methods to assist in the improvement,
modernization and expanded delivery of vocational-
technical-occupational and adult basic education programs;
(24) (57) To distribute federal vocational education funding
provided under the Carl D. Perkins Vocational and Technical Education Act of 1998, PL 105-332, with an emphasis on the
distribution of distributing financial assistance among secondary
and post-secondary vocational-technical-occupational and adult
basic education programs to help meet the public policy agenda.
In distributing funds the council shall use the following
guidelines:
(A) The board of education shall continue to be the fiscal
agent for federal vocational education funding;
(B) For the fiscal years beginning on the first day of July,
two thousand one and two thousand two, the percentage split of the
federal allocation for vocational education between the West
Virginia board of education and the commission shall remain the
same as the percentage split that was distributed to the board of
education and the commission for the fiscal year that began on the
first day of July, two thousand;
(C) For the fiscal year beginning on the first day of July,
two thousand three and thereafter,
(B) The percentage split between the board of education and
the commission council shall be determined by rule promulgated by
the council under the provisions of article three-a, chapter
twenty-nine-a of this code. Provided, That the The council shall
first obtain the approval of the board of education before
proposing a rule;
(25) (58) To collaborate, cooperate and interact with all secondary and post-secondary vocational-technical-occupational and
adult basic education programs in the state, including the programs
assisted under the federal Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, and the Workforce Investment Act
of 1998, to promote the development of seamless curriculum and the
elimination of duplicative programs;
(26) (59) To coordinate the delivery of vocational-
technical-occupational and adult basic education in a manner
designed to make the most effective use of available public funds
to increase accessibility for students;
(27) (60) To analyze and report to the commission and the West
Virginia board of education on the distribution of spending for
vocational-technical-occupational and adult basic education in the
state and on the availability of vocational-technical-occupational
and adult basic education activities and services within the state;
(28) (61) To promote the delivery of
vocational-technical-occupational education, adult basic education
and community and technical college education programs in the state
which emphasize the involvement of business, industry and labor
organizations;
(29) (62) To promote public participation in the provision of
vocational-technical-occupational education, adult basic education
and community and technical education at the local level, with an
emphasis on emphasizing programs which involve the participation of local employers and labor organizations;
(30) (63) To promote equal access to quality
vocational-technical-occupational education, adult basic education
and community and technical college education programs to
handicapped and disadvantaged individuals, adults who are in need
of training and retraining, individuals who are single parents, or
homemakers, individuals participating participants in programs
designed to eliminate sexual bias and stereotyping and criminal
offenders serving in correctional institutions;
(31) (64) To meet annually between the months of October and
December with the advisory committee of community and technical
college presidents and provosts created pursuant to section eight
of this article to discuss those matters relating to community and
technical college education in which advisory committee members or
the council may have an interest; and
(32) (65) To accept and expend any gift, grant, contribution,
bequest, endowment or other money for the purposes of this article;
(66) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section and
transferred to the commission are hereby transferred to the council
and shall continue in effect until rescinded, revised, altered or
amended by the council;
_____(67) Pursuant to the provisions of article three-a, chapter twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The council and commission shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
_____(68) Determine when a joint rule among the governing boards of
the community and technical colleges is necessary or required by
law and, in those instances and in consultation with the governing
boards, promulgate the joint rule;
_____(69) Jointly with the commission, promulgate a joint rule
establishing tuition and fee policy for all institutions of higher
education. The rule shall include, but is not limited to, the
following:
_____(A) Comparisons with peer institutions;
_____(B) Differences among institutional missions;
_____(C) Strategies for promoting student access;
_____(D) Consideration of charges to out-of-state students; and
_____(E) Such other policies as the commission and council consider
appropriate;
_____(70) In cooperation with the West Virginia division of
highways, study a method for increasing the signage signifying
community and technical college locations along the state
interstate highways, and report to the legislative oversight commission on education accountability regarding any
recommendations and required costs; and
_____(71) Jointly with the commission, implement a policy whereby
any course credit earned at a community and technical college
transfers for program credit at any other state institution of
higher education and is not limited to fulfilling a general
education requirement.
_____(c) In addition to the powers and duties listed in subsections
(a) and (b) of this section, the council has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda:
_____(1) Planning and policy leadership, including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
_____(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
_____(3) Development and implementation of each community and
technical college mission definition, including use of incentive
funds to influence institutional behavior in ways that are
consistent with public priorities;
_____(4) Academic program review and approval, including the use of
institutional missions as a template to judge the appropriateness
of both new and existing programs and the authority to implement
needed changes;
_____(5) Development of budget and allocation of resources,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
_____(6) Jointly with the commission, administration of state and
federal student aid programs, including promulgation of any rules
formerly vested in the previous governing boards in relation to
those programs;
_____(7) Acting as the agent to receive and disburse public funds
when a governmental entity requires designation of a statewide
higher education agency for this purpose;
_____(8) Jointly with the commission, development, establishment
and implementation of information, assessment and accountability
systems, including maintenance of statewide data systems that
facilitate long-term planning and accurate measurement of strategic
outcomes and performance indicators;
_____(9) Developing, establishing and implementing policies for
licensing and oversight for both public and private degree-granting
and nondegree-granting institutions that provide post-secondary
education courses or programs in the state;
_____(10) Development, implementation and oversight of statewide
and regionwide projects and initiatives such as those using funds
from federal categorical programs or those using incentive and
performance-based funding from any source; and
_____(11) Quality assurance that intersects with all other duties
of the council particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information
and accountability systems.
_____(d) The council is authorized to withdraw specific powers of
any governing board for a period not to exceed two years if the
council makes a determination that:
_____(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
_____(2) The council has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
_____(3) Other circumstances which, in the view of the council,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
_____(4) The period of withdrawal of specific powers may not exceed
two years during which time the council is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
_____(e) In addition to the powers and duties provided for in
subsections (a), and (b), (c) and (d) of this section and any other
powers and duties as may be assigned to it by law, or by the commission the council has:
(1) Such other powers and duties as may be necessary or
expedient to accomplish the purposes of this article; and
_____(2) All powers, duties and responsibilities regarding
community and technical colleges and community and technical
college education that was vested in the commission prior to the
effective date of this section.
§18B-2B-7. Powers and duties of the chief executive officer.
(a) The vice chancellor for community and technical college
education is the chief executive officer of the council and as such
may exercise the powers and duties assigned pursuant to subsection
(3), section five, article one-b of this chapter. The vice
chancellor has all powers and duties assigned by law or by the
commission and, in addition by the council, and has the following
powers and duties:
(1) To serve as the principal accountability point for the
commission council for implementation of the public policy agenda
as it relates to community and technical colleges;
(2) To serve on behalf of the commission as the liaison to the
council and to the community and technical colleges;
(3) (2) To assume on behalf of the commission the principal
responsibility for directing and assisting the work of the council;
and
(4) (3) With the approval of the commission and the chancellor to employ To supervise and direct staff of the council as necessary
and appropriate to carry out the duties and responsibilities of
this article.
(A) On the first day of July, two thousand one effective date
of this section, all personnel employed on the thirtieth day of
June, two thousand one, within the joint commission for
vocational-technical-occupational education are hereby transferred
to the jurisdiction of the commission and are under the direct
supervision of the vice chancellor and the chancellor: Provided,
That by the commission and under the supervision of the vice
chancellor for community and technical college education and
workforce development on the first day of January, two thousand
four, are transferred to the jurisdiction of the council and are
under the direct supervision of the chancellor.
_____(B) Prior to the first day of October, two thousand one, no
employee shall four, any such employee, including the chief
executive officer of the council, may not be terminated or have his
or her salary or benefit level reduced as the sole result of the
governance reorganization set forth in this article.
(4) The chancellor shall determine the organization and
staffing positions within the office that are necessary to fulfill
the powers and duties of the council and may employ necessary
staff. Such staff are employees of the council and not employees
of the chancellor. Employees transferred to the jurisdiction of the council pursuant to subdivision (3) of this subsection are employed
solely by the council and are under the direct supervision of the
chancellor.
_____(5) Together with the chancellor for higher education the
chancellor shall employ a vice chancellor for administration
pursuant to section two, article four of this chapter.
_____(6) On behalf of the council, the chancellor may enter into
agreements with any state agency or political subdivision of the
state, any state higher education institution or any other person
or entity to enlist staff assistance to implement the powers and
duties assigned to the council by state law.
_____(7) The chancellor is responsible for the day-to-day
operations of the council and has the following responsibilities:
_____(A) To carry out policy and program directives of the council;
_____(B) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section
one-a, article one of this chapter and in the institutional
compacts;
_____(C) To prepare and submit to the council for its approval the
proposed budget of the council, including the office of the
chancellor and necessary staff;
_____(D) To assist the governing boards in developing rules,
subject to the provisions of section six, article one of this
chapter. Nothing in this chapter requires the rules of the governing boards to be filed pursuant to the rule-making procedures
provided in article three-a, chapter twenty-nine-a of this code.
The chancellor is responsible for ensuring that any policy which is
required to be uniform across the institutions is applied in a
uniform manner; and
_____(E) To perform all other duties and responsibilities assigned
by the council or by state law.
_____(8) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities.
_____(9) The chancellor is the primary advocate for community and
technical college education and, with the council, advises the
Legislature on matters of community and technical education in West
Virginia. As the primary advocate for community and technical
college education, the chancellor shall work closely with the
legislative oversight commission on education accountability and
with the elected leadership of the state to ensure that they are
fully informed about community and technical college education
issues and that the council fully understands the goals for higher
education that the Legislature has established by law.
_____(10) The chancellor may design and develop for consideration
by the council new statewide or regional initiatives in accordance
with the goals set forth in section one-a, article one of this
chapter and the public policy agenda articulated jointly by the council and commission.
_____(11) The chancellor shall work closely with members of the
state board of education and with the state superintendent of
schools to assure that the following goals are met:
_____(A) Development and implementation of a seamless
kindergarten-through-college system of education; and
_____(B) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
council and the state board of education, the chancellor serves as
an ex officio, nonvoting member of the state board of education.
§18B-2B-8. State advisory committee of community and technical
college presidents.
(a) Effective the first day of July, two thousand one, there
is hereby created There is continued the state advisory committee
of community and technical college presidents. and provosts For
the purposes of this section, the state advisory committee of
community and technical college presidents and provosts shall be is
referred to as the "advisory committee".
(b) Each president or other administrative head of a public
community and technical college, as defined in section four,
article three-c one, article six of this chapter, shall be is a
member of the advisory committee. An administrative head of a
component, branch, center, regional center or other delivery site
with a community and technical college mission may be a member if considered appropriate.
(c) The vice chancellor serves as chair of the advisory
committee. and shall convene the initial meeting during the month
of July, two thousand one. Thereafter, the The advisory committee
shall meet at least once each quarter and may meet at such other
times as called by the chair or by a majority of the members.
(d) The advisory committee shall communicate to the council
through the vice chancellor on matters of importance to the group.
and It shall meet annually between the months of October and
December with the council to discuss those matters relating to
community and technical college education in which advisory
committee members or the council may have an interest.
(e) The vice chancellor shall prepare meeting minutes which
shall be made available, upon request, to the public.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
§18B-2C-3. Authority and duty of council to determine progress of
community and technical colleges; conditions; authority to
create West Virginia community and technical college.
(a) Beginning on the first day of July, two thousand one, and
at least annually thereafter, the commission The council annually
shall review and analyze all the public community and technical
colleges, branches, centers, regional centers and other delivery
sites with a community and technical college mission to determine
their progress toward meeting the goals and objectives set forth in section one-a, article one of this chapter and toward advancing the
purposes, goals and objectives set forth in article three-c of this
chapter.
(b) The analysis required in subsection (a) of this section
shall be based, in whole or in part, upon the findings made
pursuant to the rule establishing benchmarks and indicators
required to be promulgated by the commission in section two,
article one-a of this chapter council in section six, article two-b
of this chapter.
(c) Based upon their analysis in subsections (a) and (b) of
this section, the commission council shall make a determination
whether any one or more of the following conditions exist exists:
(1) One or more of the component community and technical
colleges required to do so has not achieved or is not making
sufficient, satisfactory progress toward achieving the essential
conditions, including independent accreditation;
(2) One or more of the public community and technical
colleges, branches, centers, regional centers and other delivery
sites with a community and technical college mission requires
financial assistance or other support to meet the goals and
essential conditions set forth in this chapter;
(3) It is in the best interests of the people of the state or
a region within the state to have a single, accredited institution
which can provide an umbrella of statewide accreditation;
(4) It is in the best interests of the people of the state or
a region of the state to have one accredited institution able to
extend accreditation to institutions and entities required to seek
independent accreditation;
(5) One or more of the public community and technical
colleges, branches, centers, regional centers or other delivery
sites with a community and technical college mission requests from
the commission council the type of assistance which can best be
delivered through implementation of the provisions of section four
of this article. Institutional requests that may be considered by
the commission council include, but are not limited to, assistance
in seeking and/or attaining independent accreditation, in meeting
the goals for post-secondary education established in section
one-a, article one of this chapter, in meeting the essential
conditions set forth in section three, article three-c of this
chapter, or in establishing and implementing regional networks.
(6) One or more public community and technical colleges,
branches, centers, regional centers or other delivery sites with a
community and technical college mission has not met, or is not
making sufficient, satisfactory progress toward meeting, the goals
set forth in section one-a, article one of this chapter; and
(7) The council makes a recommendation to the commission
determines that it is in the best interests of the people of the
state or a region of the state to create a statewide, independently accredited community and technical college.
(d) The commission council may not make a determination
subject to the provisions of subsection (c) of this section that a
condition does not exist based upon a finding that the higher
education entity lacks sufficient funds to make sufficient,
satisfactory progress.
(e) The commission shall prepare By the first day of December
annually, the council shall prepare and file with the legislative
oversight commission on education accountability a written report
on the findings and determinations required by this section, for
the legislative oversight commission on education accountability by
the first day of December, two thousand one, and each year
thereafter together with a detailed history of any actions taken by
the commission council under the authority of this article.
§18B-2C-4. Authority of council in creating West Virginia
community and technical college.
(a) Subject to the provisions of subsection (c), section three
of this article, if the commission council makes a determination
that one or more of the conditions exists, then the commission
council is authorized to create the West Virginia community and
technical college.
(b) As soon as practicable after the commission council
determines that the college should be created, the commission
council shall notify the governor, the president of the Senate, the speaker of the House of Delegates and the legislative oversight
commission on education accountability of the proposed actions.
Provided, That the commission The council shall conduct a study
regarding the procedures, findings and determinations considered
necessary prior to any creation of the college and shall report its
findings to the legislative oversight commission on education
accountability. no later than the first day of December, two
thousand one: Provided, however, That the commission The council
may not create the college prior to the report being received by
the legislative oversight commission on education accountability.
(c) The commission On or before the first day of December of
the year in which the college is created, the council shall certify
to the legislative oversight commission on education accountability
on or before the first day of December of the year in which the
college is created proposed legislation to accomplish the purposes
of this article for those matters requiring statutory change.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-1. Legislative findings.
(a) Findings. -- The Legislature hereby finds:
(1) That community and technical colleges in every region of
West Virginia are essential elements of a statewide strategy to
prepare students for further post-secondary education, lifelong
learning and development of the workforce necessary to diversity
and grow the state's economy.
(2) That, despite progress in the past decade, West Virginia
continues to lag behind neighboring states and the nation in the
competitiveness of its workforce for the new economy.
Specifically, West Virginia:
(A) Ranks fiftieth among the states in the preparation of its
workforce for the new economy;
(B) Continues to have low rates of participation among high
school graduates in post-secondary education and ranks last among
competitor states in the proportion of high school graduates who
attend a community college;
(C) Ranks forty-seventh in the nation in the proportion of its
adult population at the lowest levels of literacy; and
(D) Ranks tenth among eleven competitor states in the number
of certificates and associate degrees granted.
(3) That, despite progress made in developing community and
technical colleges pursuant to Enrolled Committee Substitute for
Senate Bill No. 547, most of these colleges remain subordinated to
colleges and universities with four-year and graduate missions.
(4) That, while the number of high school graduates is
declining and the needs of adults for further education and
training is increasing, less than twenty-five percent of the
students enrolled in West Virginia institutions are over age
twenty-five.
(5) That only half the enrollment in community and technical colleges is in institutions independently accredited to carry out
that mission.
(6) That in most of the component community and technical
colleges the majority of faculty are appointed and rewarded
according to the policies of the four-year institution, not the
community and technical college.
(7) That West Virginia is one of only five states in which
most of the enrollment in associate degree programs is in
institutions that are not independently accredited as two-year
institutions.
(8) That the community and technical college mission in West
Virginia continues to be seen by many as narrowly defined and
offering primarily associate degree programs and rather than the
critical functions of workforce development, developmental
education, community outreach and regional economic development as
defined in Enrolled Committee Substitute for Senate Bill No. 547.
(9) That half the community and technical college students in
West Virginia pay the higher tuition and fees of the sponsoring
four-year institution and not the lower rate of free-standing
community and technical colleges.
(10) That, despite the needs of place-bound adults, adults in
the workplace and employers, current higher education financing
policy provides strong disincentives for both free-standing and
component community and technical colleges to provide off-campus programs and services.
(11) That Enrolled Committee Substitute for Senate Bill No.
547 set forth a definition of the kinds of community and technical
college programs or service that should be available and accessible
in every region of West Virginia.
(12) That over the past forty years, West Virginia has debated
forming a distinct system of community and technical colleges with
a focused mission in each region of the state. However, the state
already had a network of public colleges in each region and,
because of severe resource limitation and low population density,
West Virginia evolved a system of community and technical colleges
that depends in large part on the existing four-year colleges to
offer associate degrees and other community and technical college
services. West Virginia has established only a limited number of
freestanding community and technical colleges.
(13) That Enrolled Committee Substitute for Senate Bill No.
547 sought to strengthen the state's community and technical
colleges in a number of ways.
(14) That the implementation of specific structural and
procedural provisions of Enrolled Committee Substitute for Senate
Bill No. 547 was decidedly mixed.
(15) That Enrolled Committee Substitute for Senate Bill No.
547 had widely varying impact on the availability of community and
technical college services throughout West Virginia. The scope of services in several regions of the state, especially those with
component colleges, has fallen far short of the kind of
comprehensive, dynamic services envisioned in Enrolled Committee
Substitute for Senate Bill No. 547.
(16) That since the enactment of Enrolled Committee Substitute
for Senate Bill No. 547 increasing attention has been given to the
related priority of workforce development.
(17) That since the enactment of Senate Bill No. 547 changes
have accelerated dramatically in post-secondary education demand
and delivery systems.
(18) That the substantive goal of Senate Bill No. 547 to
ensure access to community and technical college programs and
services remains valid and is even more important today than five
years ago.
(19) That there are essential conditions which must be met by
each community and technical college in West Virginia in order to
address the needs of the people of the state.
(b) Legislative intent. -- It is the intent of the Legislature
that the process for achieving independently accredited community
and technical colleges be carried out using the most effective and
most efficient method available. In implementing this process, the
governing boards and institutions of higher education should
utilize facilities that already are available. These include, but
are not limited to, the facilities of public high schools and vocational education centers. It is further the intent of the
Legislature that this article not be implemented in such a manner
as to require an extensive building program. Prior to pursuing any
capital project, an institution shall follow the guidelines for
developing capital projects provided for in subdivision (13)
subsection (a), section four, article one-b of this chapter and
subsection (b), section six, article two-b of this chapter.
§18B-3C-2. Purposes of article.
The general purposes of this article are the following:
(a) To establish community and technical college education
that is well articulated with the public schools and four-year
colleges; that makes maximum use of shared facilities, faculty,
staff, equipment and other resources; that encourages traditional
and nontraditional students and adult learners to pursue a
life-time of learning; that serves as an instrument of economic
development; and that has the independence and flexibility to
respond quickly to changing needs;
(b) To charge the respective governing boards with providing
community and technical college education at state institutions of
higher education under their jurisdiction that has the
administrative, programmatic and budgetary control necessary to
allow maximum flexibility and responsiveness to district and
community needs. Education services shall be provided consistent
with the goal of sharing facilities, faculty, staff, equipment and other resources within and among the districts, the other systems
of public and higher education and other education and training
programs;
(c) To establish the essential conditions for community and
technical college programs and services, as defined in section
three of this article, necessary to ensure that each region of West
Virginia is served by a community and technical college meeting the
needs of the people of the region;
(d) To establish a mechanism for assuring that, where
applicable, a transition plan for meeting the essential conditions
is developed by each relevant community and technical college;
(e) To establish responsibility community and technical
college consortia districts for each of the community and technical
colleges to ensure accountability that the full range of community
and technical college education programs and services is provided
in all areas of the state, including the implementation of seamless
curricula and the West Virginia EDGE, "Earn a Degree Graduate
Early" program;
(f) To define the full range of programs and services that
every each community and technical college has the responsibility
to provide; and
(g) To establish such other policies and procedures necessary
to ensure that the needs of West Virginia, its people and its
businesses are met for the programs and services that can be provided through a comprehensive system of community and technical
colleges.
§18B-3C-3. Essential conditions for community and technical
college programs and services.
The Legislature hereby establishes the following essential
conditions for community and technical college programs and
services:
(a) Independent accreditation by the commission on
institutions of higher education higher learning commission of the
north central association of colleges and schools (NCA), by the
first day of July, two thousand five, reflecting external
validation that academic programs, services, faculty, governance,
financing and other policies are aligned with the community and
technical college mission of the institution. An institution meets
this requirement if on such date the council determines that the
institution is on target to meet independent accreditation status.
A community and technical college continues to share the
accreditation of the sponsoring institution until such time as
independent accreditation is achieved;
(b) A full range of community and technical college services
offered as specified in section six of this article;
(c) Programmatic approval consistent with the provisions of
section nine of this article;
(d) A fee structure competitive with its peer institutions;
(e) Basic services, some of which may be obtained under
contract with existing institutions in the region. These basic
services shall include, but are not limited to, the following:
(1) Student services, including, but not limited to, advising,
academic counseling, financial aid and provision of the first line
of academic mentoring and mediation;
(2) Instructional support services;
(3) Access to information and library services;
(4) Physical space in which courses can be offered;
(5) Access to necessary technology for students, faculty and
mentors;
(6) Monitoring and assessment; and
(7) Administrative services, including, but not limited to,
registration, fee collection and bookstore and other services for
the distribution of learning materials;
(f) A provost president who is the chief academic and
administrative executive officer of the community and technical
college appointed and serving pursuant to the terms of section six,
article one-b of this chapter. The provost shall report president
reports directly to the president of the institution and shall have
appropriate direct contact with the institutional board of
governors. It is the responsibility of the board of governors to
provide sufficient time on its agenda for each provost of a
component community and technical college at each meeting for the president to discuss issues relevant to the mission of the
component community and technical college;
(g) An institutional board of governors or an institutional
board of advisors appointed and serving as required by law;
(h) A full-time core faculty, complemented by persons engaged
through contract or other arrangements, including:
(1) College and university faculty, to teach community college
courses; and
(2) Qualified business, industry and labor persons engaged as
adjunct faculty in technical areas;
(i) A faculty personnel policy, formally established to be
separate and distinct from that of other institutions, which
includes, but is not limited to, appointment, promotion, workload
and, if appropriate, tenure pursuant to section nine of this
article. These policies shall be appropriate for the community and
technical college mission and may not be linked to the policies of
any other institution;
(j) Community and technical colleges designed and operating as
open-provider centers with the authority and flexibility to draw on
the resources of the best and most appropriate provider to ensure
that community and technical college services are available and
delivered in the region in a highly responsive manner. A community
and technical college may contract with other institutions and
providers as necessary to obtain the academic programs and resources to complement those available through a sponsoring
college, where applicable, in order to meet the region's needs;
(k) Separately identified state funding allocations for each
of the community and technical colleges. The provost of the
community and technical college has full
(l) Full budgetary authority for the entity president of the
institution, subject to accountability to its governing board,
including authority to retain all tuition and fees generated by the
community and technical college for use to carry out its mission.
§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. The
community and technical college consortium shall:
(1) Complete a comprehensive assessment of the district to
determine what education and training programs are necessary to
meet the short and long-term work force development needs of the
district;
(2) 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 work force development needs of the district
through individual and cooperative programs, shared facilities,
faculty, staff, equipment and other resources and the development
and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the
work force 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
project 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 coursework in which they already possess competency;
(9) Cooperate with work force 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 work force investment board in
the district and shall participate in any development or amendment
to the regional work force 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 Fairmont state community
and technical college.
(B) Participating institutions include Fairmont state
community and technical college; 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 includes 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
community and technical college.
(B) Participating institutions include eastern West Virginia
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 Shepherd community and
technical college.
(B) Participating institutions include Shepherd 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 two 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 two-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 two-year period.
(C) Participating institutions include Marshall community and
technical college; community and technology 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; 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:
(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 council shall:
(1) Establish 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) Establish a format for development of a consortium compact
outlining plans for achieving stated goals to be submitted to the
council for approval on or before the fifteenth day of November,
two thousand four.
(g) On or before the fifteenth day of November, two thousand
four, 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, and
be updated annually.
(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.
§18B-3C-5. Appointment of community and technical college
presidents.
The administrative head of a community and technical college
shall be is the president or the provost, who shall be who is
chosen pursuant to the terms of section six, article one-b of this
chapter.
§18B-3C-6. Community and technical college programs.
(a) The mission of each community and technical college
includes the following programs which may be offered on or off campus, at the work site, in the public schools and at other
locations and at times that are convenient for the intended
population:
(1) Career and technical education skill sets, certificates,
associate of applied science and selected associate of science
degree programs for students seeking immediate employment,
individual entrepreneurship skills, occupational development, skill
enhancement and career mobility;
(2) Transfer education associate of arts and associate of
science degree programs for students whose education goal is to
transfer into a baccalaureate degree program;
(3) Developmental/remedial education courses, literacy
education, tutorials, skills development labs and other services
for students who need to improve their skills in mathematics,
English, reading, study skills, computers and other basic skill
areas;
(4) Workforce training and retraining and contract education
with business and industry to train or retrain employees;
(5) Continuing development assistance and education credit and
noncredit courses for professional and self-development,
certification and licensure and literacy training;
(6) Community service workshops, lectures, seminars, clinics,
concerts, theatrical performances and other noncredit activities to
meet the cultural, civic and personal interests and needs of the community; and
(7) Cooperative arrangements with the public school system for
the seamless progression of students through programs of study
which are calculated to begin at the secondary level and conclude
at the community and technical college level.
(b) All administrative, programmatic and budgetary control
over community and technical college education within the district
shall be institution is vested in the president, or provost subject
to rules adopted by the interim governing board or the chancellor.
The president and the provost council or the chancellor for
community and technical college education. The president with the
institutional board of governors or institutional board of
advisors, as appropriate, shall be is responsible for the regular
review, revision, elimination and establishment of programs within
the district institution to assure that the needs of the district
for community and technical college programs consortia district are
met. It is the intent of the Legislature that the program review
and approval process for community and technical college education
be separate and distinct from baccalaureate education and subject
to the provisions of section nine of this article. The president
and institutional board of advisors shall seek assistance from and
utilize a district consortium committee in fulfilling this
responsibility.
(c) Independently accredited community and technical colleges will shall serve as higher education centers for their regions by
brokering with colleges, universities and other providers, in state
and out of state, to ensure the coordinated access of students,
employers and other clients to needed programs and services.
§18B-3C-8. Process for achieving independently accredited
community and technical colleges.
(a) Over a six-year period beginning the first day of July,
two thousand one, West Virginia shall move from having "component"
community and technical colleges to having By the first day of
July, two thousand five, West Virginia shall have a statewide
network of independently accredited community and technical
colleges serving every region of the state. This section does not
apply to the freestanding community and technical colleges or West
Virginia university at Parkersburg. and Potomac state college of
West Virginia university.
(b) To be eligible for funds appropriated to develop
independently accredited community and technical colleges, a state
institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact
approved by the council and the commission a step-by-step plan with
measurable benchmarks for developing an independently accredited
community and technical college that meets the essential conditions
set forth in section three of this article;
(2) That it is able to offer evidence annually to the satisfaction of the council and the commission that it is making
progress toward accomplishing the benchmarks established in its
institutional compact for developing an independently accredited
community and technical college; and
(3) That it has submitted an expenditure schedule approved by
the council and the commission which sets forth a proposed plan of
expenditures for funds allocated to it from the fund.
(c) The following are recommended strategies for moving from
the current arrangement of "component" community and technical
colleges to the legislatively mandated statewide network of
independently accredited community and technical colleges serving
every region of the state. The Legislature recognizes that there
may be other means to achieve this ultimate objective; however, it
is the intent of the Legislature that the move from the current
arrangement of "component" community and technical colleges to the
legislatively mandated statewide network of independently
accredited community and technical colleges serving every region of
the state shall be accomplished. The following recommendations are
designed to reflect significant variations among regions and the
potential impacts on the sponsoring institutions.
(1) New River community and technical college of Bluefield
state college. -
(A) Bluefield state shall retain its existing mission but
place greater emphasis and priority on its community and technical college role and serving the citizens of its expanded service
district. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Bluefield state college. Nothing herein
may be construed to require Bluefield state college to discontinue
any associate degree program Bluefield state college may continue
associate degree programs in areas of particular institutional
strength which are closely articulated to their baccalaureate
programs and missions or which are of a high-cost nature and can
best be provided in direct coordination with a baccalaureate
institution. Any such program shall be delivered under the
authority of the council and through contract with the community
and technical college. The terms of the contract shall be approved
by the council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing
the benchmarks, the program shall thereafter be delivered by the
community and technical college.
_____(B) Effective the first day of July, two thousand three, the
component formerly known as Bluefield state community and technical
college shall become
(A) There is created a multicampus entity known as New River
community and technical college, administratively linked to Bluefield state college. The multicampus community and technical
college shall serve Raleigh, Summers, Fayette, Greenbrier, Clay,
Mercer, McDowell, Monroe, Nicholas, Pocahontas, and Webster
counties and be is headquartered in the Beckley higher education
center, The West Virginia council for community and technical
college education shall appoint an institutional board of advisors,
pursuant to section one, article six of this chapter, for New River
community and technical college which is separate from the
institutional board of governors of Bluefield state college. and
includes, but is not limited to, Greenbrier community college
center of New River community and technical college and Nicholas
community college center of New River community and technical
college. New River community and technical college shall be an
independently accredited community and technical college.
_____(C) (B) Bluefield state college shall take immediate steps to
seek independent accreditation of By the first day of July, two
thousand five, New River community and technical college including
and all sites within its revised service district shall be
independently accredited. The president and the board of governors
of Bluefield state college are responsible for obtaining
independent accreditation of the community and technical college.
by the thirty-first day of December, two thousand four If the
multicampus entity known as New River community and technical
college has not obtained independent accreditation by this date, the commission council shall choose one of the following options:
(i) Create New River as a freestanding community and technical
college; or
(ii) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
(D) (C) The president and the board of governors of Bluefield
state college also are accountable to the commission council for
ensuring that the full range of community and technical college
services is available throughout the region and that New River
community and technical college adheres to the essential conditions
pursuant to section three of this article.
(E) (D) As an independently accredited community and technical
college, New River also shall serve as a higher education center
for its region by brokering with other colleges, universities and
other providers, in state and out of state, both public and
private, to ensure the coordinated access of students, employers
and other clients to needed programs and services.
(F) (E) New River community and technical college shall
facilitate participate in the planning and development of a unified
effort involving multiple providers and facilities, including, but
not limited to, Concord college, the college of West Virginia,
Marshall university, West Virginia university, West Virginia
university institute of technology, and other entities to meet the
documented education and work force development needs in the region, through the development of the Beckley higher education
center. Nothing in this subdivision prohibits or limits any
existing, or the continuation of any existing, affiliation between
the college of West Virginia mountain state university, West
Virginia university institute of technology and West Virginia
university. New River community and technical college also shall
provide the facilities and support services for other public and
private institutions delivering courses, programs and services in
Beckley. The objective is to assure students and employers in the
area that there is coordination and efficient use of resources
among the separate programs and facilities, existing and planned,
in the Beckley area.
(2) Fairmont state community and technical college. --
Fairmont state community and technical college shall be an
independently accredited community and technical college. serving
Marion, Doddridge, Barbour, Harrison, Monongalia, Preston, Randolph
Taylor, Braxton, Calhoun, Gilmer, Lewis, and Upshur counties. The
community and technical college is developed on the base of the
existing component community and technical college of Fairmont
state college. Subject to the provisions of this section, the
president and the governing board of Fairmont state college are
responsible, according to a plan approved by the commission
council, for step-by-step implementation of the independently
accredited community and technical college which adheres to the essential conditions pursuant to section three of this article.
Subject to the provisions of section twelve of this article, the
community and technical college will remain administratively linked
to Fairmont state college. Nothing herein may be construed to
require Fairmont state college to discontinue any associate degree
program Fairmont state college may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the council and through
contract with the community and technical college. The terms of
the contract shall be approved by the council. Such a program
shall be evaluated according to the benchmarks and indicators for
community and technical college education developed by the council.
If the council determines that the program is making insufficient
progress toward accomplishing the benchmarks, the program shall
thereafter be delivered by the community and technical college.
(3) Marshall university community and technical college. --
Enrolled Senate Bill No. 653 created an implementation board
charged with the responsibility to develop a plan, to be
recommended to the commission, for the most effective and efficient
method to deliver comprehensive community and technical college
education to the citizens and employers of the responsibility areas of Marshall university, West Virginia state college and West
Virginia university institute of technology. Pursuant to the
recommendation of the implementation board and of the commission,
Marshall university community and technical college shall become an
independently accredited community and technical college. It shall
serve Cabell, Kanawha, Mason, Putnam and Wayne counties. The new
community and technical college is developed on the base of the
existing component community and technical college of Marshall
university. Subject to the provisions of this section, the
president and the governing board of Marshall university are
responsible, according to a plan approved by the commission
council, for step-by-step implementation of the new independently
accredited community and technical college which adheres to the
essential conditions pursuant to section three of this article.
Subject to the provisions of section twelve of this article, the
community and technical college will remain administratively linked
to Marshall university. Nothing herein may be construed to require
Marshall university to discontinue any associate degree program
Marshall university may continue associate degree programs in areas
of particular institutional strength which are closely articulated
to their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract with the community and technical college. The terms of the
contract shall be approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(4) Shepherd community and technical college. -- Shepherd
community and technical college shall become an independently
accredited community and technical college. It shall serve
Jefferson, Berkeley and Morgan counties. The new community and
technical college is developed on the base of the existing
component community and technical college of Shepherd college.
Subject to the provisions of this section, the president and the
governing board of Shepherd college are responsible, according to
a plan approved by the commission council, for step-by-step
implementation of the new independently accredited community and
technical college which adheres to the essential conditions
pursuant to section three of this article. Subject to the
provisions of section twelve of this article, the community and
technical college will remain administratively linked to Shepherd
college. Nothing herein may be construed to require Shepherd
college to discontinue any associate degree program Shepherd
college may continue associate degree programs in areas of particular institutional strength which are closely articulated to
their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the
contract shall be approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(5) West Virginia state community and technical college. --
Enrolled Senate Bill No. 653 created an implementation board
charged with the responsibility to develop a plan, to be
recommended to the commission, for the most effective and efficient
method to deliver comprehensive community and technical college
education to the citizens and employers of the responsibility areas
of Marshall university, West Virginia state college and West
Virginia university institute of technology. Pursuant to the
recommendation of the implementation board and of the commission,
West Virginia state community and technical college shall become an
independently accredited community and technical college. It shall
serve Kanawha, Putnam and Clay counties. The new community and technical college is developed on the base of the existing
component community and technical college of West Virginia state
college. Subject to the provisions of this section, the president
and the governing board of West Virginia state college are
responsible, according to a plan approved by the commission
council, for step-by-step implementation of the new independently
accredited community and technical college which adheres to the
essential conditions pursuant to section three of this article.
Subject to the provisions of section twelve of this article, the
community and technical college will remain administratively linked
to West Virginia state college. Nothing herein may be construed to
require West Virginia state college to discontinue any associate
degree program West Virginia state college may continue associate
degree programs in areas of particular institutional strength which
are closely articulated to their baccalaureate programs and
missions or which are of a high-cost nature and can best be
provided in direct coordination with a baccalaureate institution.
Any such program shall be delivered under the authority of the
council and through contract with the community and technical
college. The terms of the contract shall be approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the
community and technical college.
(6) West Virginia university institute of technology. --
Enrolled Senate Bill No. 653 created an implementation board
charged with the responsibility to develop a plan, to be
recommended to the commission, for the most effective and efficient
method to deliver comprehensive community and technical college
education to the citizens and employers of the responsibility areas
of Marshall university, West Virginia state college and West
Virginia university institute of technology. Pursuant to the
recommendation of the implementation board and of the commission
council, community and technical college at West Virginia
university institute of technology community and technical college
shall become an independently accredited community and technical
college. It shall serve Fayette, Clay, Kanawha, Raleigh and
Nicholas counties. The new community and technical college is
developed on the base of the existing component community and
technical college of West Virginia university institute of
technology. Subject to the provisions of this section, the
president and the governing board of West Virginia university
institute of technology are responsible, according to a plan
approved by the commission, for step-by-step implementation of the
new independently accredited community and technical college which
adheres to the essential conditions pursuant to section three of this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to West Virginia university institute of
technology. Nothing herein may be construed to require West
Virginia university institute of technology to discontinue any
associate degree program West Virginia university institute of
technology may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the
contract shall be approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
§18B-3C-9. Increasing flexibility for community and technical
colleges.
(a) Notwithstanding any rules or procedures of the governing
boards to the contrary, the community and technical colleges have
the authority and the duty to:
(1) Incorporate the most effective and efficient use of
technology in accessing and delivering courses and programs in
order to make the best use of available resources and to control
costs;
(2) Incorporate a model to offer occupational program
curricula in smaller modules to accommodate specific student and
employer needs and to gain sufficient flexibility in formatting
courses;
(3) Serve as a facilitator for education programs from outside
delivery sources to meet the needs of the residents and employers
of the district; and
(4) Employ faculty in the most effective manner to serve the
core mission of the community and technical college.
(A) To that end, the freestanding community and technical
colleges may employ faculty for an indefinite period without a
grant of tenure and shall work toward a staffing goal of no more
than twenty percent of the faculty holding tenure or being
tenure-track employees. Provided, That tenured Tenured faculty
employed by the freestanding community and technical colleges
before the first day of July, one thousand nine hundred
ninety-nine, shall not be are not affected by this provision.
(B) All community and technical colleges, other than those set
forth in paragraph (A) of this subdivision, may employ faculty for
an indefinite period without a grant of tenure. The immediate goal is to use this provision as a tool to assist the community and
technical colleges in meeting the essential conditions provided for
in section three of this article and in gaining independent
accreditation status. The ultimate goal is to provide the
flexibility community and technical colleges need to meet the needs
of the state by working toward having no more than twenty percent
of the core faculty holding tenure or being tenure-track employees.
Provided, That tenured Tenured faculty employed by community and
technical colleges other than freestanding community and technical
colleges on the effective date of this section thirtieth day of
June, two thousand, may not be affected by this provision.
Provided, however, That tenure shall Tenure may not be denied to
a faculty member solely as a result of change in employing
institution necessitated by the change to independently accredited
community and technical colleges.
(b) The governing boards shall adopt a model of program
approval for the community and technical colleges that permits
occupational programs to be customized to meet needs without
requiring approval by any governing board or other agency of
government. and, furthermore, that incorporates The model shall
incorporate a post-audit review of such programs on a three-year
cycle to determine the effectiveness of such the programs in
meeting district needs.
(c) The interim governing board or the chancellor council shall promulgate rules to implement the provisions of this section
and shall file these rules for review and approval with the
chancellor no later than the first day of December, two thousand
four.
§18B-3C-10. Freestanding community and technical colleges; tuition
and fees.
(a) During the transition year, beginning the first day of
July, two thousand, and ending the thirtieth day of June, two
thousand one, the appropriate governing board may fix tuition and
establish and set such other fees to be charged students at
community and technical colleges as it considers appropriate and
shall pay such tuition and fees collected into a revolving fund for
the partial or full support, including the making of capital
improvements, of any community and technical college. Funds
collected at any such community and technical college may be used
only for the benefit of that community and technical college. The
appropriate governing board also may establish special fees for
such purposes as, including, but not limited to, health services,
student activities, student recreation, athletics or any other
extracurricular purposes. Such special fees shall be paid into
special funds in the state treasury and used only for the purposes
for which collected.
(b) Beginning on the first day of July, two thousand one, The
appropriate
(a) Each governing board may fix tuition and establish and set
such other fees to be charged students at its community and
technical colleges college as it considers appropriate, subject to
the provisions of subdivision (2) of this subsection.
(1) As used in this subsection, "appropriate governing board"
means:
(A) The governing board of the institution, in the case of a
free-standing community and technical college; and
_____(B) The governing boards of Glenville state college and
Bluefield state college, respectively, in the cases of Glenville
community and technical college and Bluefield community and
technical college; and
(C) The institutional board of advisors in all other cases.
(2) (1) The appropriate governing board, in consultation with
the joint commission council, also may establish special fees for
such purposes as, including, but not limited to, health services,
student activities, student recreation, athletics or any other
extracurricular purposes. Provided, That the joint commission The
council shall determine which fees, if any, do not apply to the
entire student population and to which students such fees do not
apply. Such special fees may be used only for the purposes for
which collected.
(3) (2) A community and technical college may contract with
any other state institution of higher education for the participation of its students in programs, activities or services
of the other institution and for the use of such fees collected.
(c) (b) All tuition and fee charges in the total aggregate
shall comply with the terms of the institution's compact approved
by the commission council, based on peer comparisons or cost of
instruction as set forth in the goals for post-secondary education
pursuant to section one-a, article one of this chapter.
§18B-3C-12. Relationship between administratively linked community
and technical colleges and sponsoring institutions.
(a) Intent and purposes. --
(1) It is the intent of the Legislature to establish community
and technical colleges in every region of the state of West
Virginia that as far as possible that meet the essential conditions
of section three of this article.
(2) The Legislature finds that, in order to increase
efficiency, reduce costs and, generally, to facilitate the
effective transition from community and technical colleges which
are components of existing institutions of higher education to
community and technical colleges which meet as far as possible the
essential conditions, it is appropriate to maintain an
administrative link between the community and technical colleges
and the sponsoring institutions.
(3) This section defines the relationship between the an
administratively linked community and technical colleges college and its sponsoring institution.
(b) Where an independently accredited community and technical
colleges are is linked administratively to a sponsoring state
college or university in order to ensure efficient use of limited
resources, the following conditions shall apply:
(1) The community and technical college shall be accredited
separately from the sponsoring institution;
(2) All state funding allocations for the community and
technical college shall be transferred directly to the community
and technical college. The sponsoring institution may charge fees
for administrative overhead costs subject to a schedule approved by
the commission council.
(A) By the first day of December, two thousand four, the
council shall develop a model for services to be provided by
sponsoring institutions and the fees to be charged administratively
linked community and technical colleges for the services. The fee
schedule shall be based upon the reasonable and customary fee for
any service and bear a rational relationship to the cost of
providing the service.
_____(B) Upon joint approval by the chancellors, the model may be
customized by any community and technical college and sponsoring
institution;
(3) Policies shall be formally established to ensure the
separation of academic and faculty personnel policies of the community and technical college from those of the sponsoring
institution. These policies include, but are not limited to,
appointment, promotion, workload and, if appropriate, tenure; and
_____(4) The council may authorize a community and technical
college to decline any service of the sponsoring institution
provided in subsection (c) of this section if the council
determines that the service is not appropriate for the community
and technical college, or that declining the service is in the best
interest of the community and technical college. Any service
declined may be received from an alternate source upon approval of
the council.
(c) The sponsoring institution which is administratively
linked to a community and technical college shall provide the
following services:
(1) Personnel management;
(2) Recordkeeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Such other services as determined to be necessary and
appropriate by the commission council.
(d) Subject to the approval of the appropriate governing
board, the president of the sponsoring institution, pursuant to the
terms of section six, article one-b of this chapter, shall appoint
the presidents The institutional governing board shall appoint the
president of the community and technical college, who shall serve
serves at the will and pleasure of the institutional president
governing board. Subject to the provisions of section six, article
one-b of this chapter, the appropriate governing board shall
appoint the president of the sponsoring institution.
(e) The governing board and the president of the sponsoring
institution shall be council are responsible for the step-by-step
development of the community and technical college and for
compliance with the essential conditions, all as required by this
article.
(f) The president of the sponsoring institution shall have
community and technical college has such responsibilities, powers
and duties in the development of the community and technical
college and in compliance with the essential conditions, as
directed by the governing board or as are necessary for the proper
implementation of the provisions of this act.
(g) Notwithstanding any other provision of this code to the
contrary, the commission council shall take necessary steps to
ensure that institutional bonded indebtedness is secure and that
each administratively linked community and technical colleges assume their college assumes its fair share of any institutional
debt acquired while they were it was part of the baccalaureate
institution.
(h) The community and technical college is encouraged to
secure academic services from the sponsoring institution when it is
in the best interests of the students to be served, the community
and technical college and the sponsoring institution. In
determining whether or not to secure services from the sponsoring
institution, the community and technical college shall consider the
following:
(1) The cost of the academic services;
(2) The quality of the academic services;
(3) The availability, both as to time and place, of the
academic services; and
(4) Such other considerations as the community and technical
college finds appropriate taking into account the best interests of
the students to be served, the community and technical college, and
the sponsoring institution. Provided, That nothing Nothing in this
article shall be construed to prohibit prohibits any state
institution of higher education from purchasing or brokering
remedial and/or or developmental courses from a community and
technical college.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Officers of governing boards; employment of chancellors and senior administrator; offices.
(a) At its annual meeting in June of each year, each governing
board shall elect from its members appointed by the governor a
president and other officers as it may consider necessary or
desirable: Provided, That the initial annual meeting shall be held
during July, one thousand nine hundred eighty-nine. The president
and other officers shall be elected for a one-year term commencing
on the first day of July following the annual meeting and ending on
the thirtieth day of June of the following year. The president of
the board shall serve no more than two consecutive terms.
(b) Each governing board shall employ a chancellor who shall
serve at the will and pleasure of the employing board and shall
assist the governing board in the performance of its duties and
responsibilities. No
(a) The council and commission each shall employ a chancellor
to assist in the performance of their respective duties and
responsibilities. Each chancellor serves at the will and pleasure
of the hiring body. Neither chancellor may hold or retain any
other administrative position within the system of higher education
while employed as chancellor. Each chancellor is responsible for
carrying out the directives of the governing board by which he or
she is body by which employed and shall work with the board that
body in developing policy options. For the purpose of developing
or evaluating policy options, the chancellors may request the assistance of the presidents and other administrative heads of the
institutions under their jurisdiction and their staffs. The
respective chancellors shall jointly agree to and shall hire one
senior administrator who shall serve at their will and pleasure in
accordance with section two of this article. and staff of the
institutions under their respective jurisdictions.
_____(b) The chancellors jointly shall agree to and hire one vice
chancellor for administration who serves at the will and pleasure
of the council and commission jointly.
_____(1) The individual serving as vice chancellor for
administration on the effective date of this section may continue
to serve in that capacity on an interim basis until the chancellors
jointly agree to and hire a candidate to fill the position.
_____(2) The interim vice chancellor may be considered as a
candidate for the position.
_____(3) The vacancy shall be filled on a permanent basis no later
than the first day of January, two thousand five.
(c) The vice chancellor for health sciences shall coordinate
the West Virginia university school of medicine, the Marshall
university school of medicine and the West Virginia school of
osteopathic medicine.
(d) The vice chancellor for administration shall employ for
the council and commission other staff as necessary and appropriate
to discharge jointly the duties and responsibilities of the council and commission. Such staff are not employees of the vice
chancellor, but are joint employees of the council and commission.
_____(d) (e) Suitable offices for the senior administrator vice
chancellor and other staff shall be provided in Charleston.
(e) The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall establish a plan and funding recommendations
for development and implementation of a multifaceted instructional
technology strategy that includes, but is not limited to, a goal
that every full-time freshman student beginning in the fall
semester, one thousand nine hundred ninety-six, and thereafter, and
as many other students and faculty as possible will own or lease a
computer, and alternatively that computers be available for
part-time students through on-site labs; the integration of
computer usage into all course work; the involvement of faculty in
the development and use of technology-based instruction and
instructional courseware for community and technical colleges,
colleges and universities; and the expansion of distance learning
and technology networks throughout the higher education systems to
enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort, increase
the delivery of instruction to nontraditional students, provide
services to business and industry, and increase the management
capabilities of the higher education system. The chancellors shall submit the plan to the Legislature on or before the first day of
July, one thousand nine hundred ninety-seven.
The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall supervise the administration, oversight,
coordination and implementation of the plan, or portions of the
plan, subject to the availability of funds and the direction of the
governing boards. In addition, the chancellors shall review all
technology related matters within the department of education and
the arts and suggest appropriate integration and compatibility of
the technology systems within the department and the institutions
governed by the board.
(f) The governing boards shall jointly employ a vice
chancellor for community and technical education pursuant to the
provisions of section three-a, article three of this chapter.
§18B-4-2. Employment of vice chancellor for administration;
office; powers and duties generally.
(a) With the approval of the commission and council, the
chancellor for higher education and chancellor for community and
technical college education jointly shall employ the vice
chancellor for administration who shall serve serves at the will
and pleasure of the chancellor council and commission jointly. Any
reference in this chapter or chapter eighteen-c of this code to the
senior administrator means the vice chancellor for administration. which senior administrator shall become the vice chancellor of
administration and also shall serve as interim chancellor for
higher education until a chancellor is employed pursuant to section
five, article one-b of this chapter.
(b) The vice chancellor for administration has a ministerial
duty, in consultation with and under direction of the chancellor
chancellors, to perform such functions, tasks and duties as may be
necessary to carry out the policy directives of the council and
commission and such other duties as may be prescribed by law.
(c) The vice chancellor for administration may employ and
discharge, and shall supervise such professional, administrative,
clerical and other employees as may be necessary to these duties
and shall delineate staff responsibilities as considered desirable
and appropriate. The vice chancellor for administration shall fix
the compensation and emoluments of such employees: Provided, That
those employees the employees. Any employee whose job duties meet
criteria listed in the system of job classifications as stated in
article nine of this chapter shall be accorded the job title,
compensation and rights established in the article as well as all
other rights and privileges accorded classified employees by the
provisions of this code.
(d) Effective on the first day of July, two thousand On the
effective date of this section, the office of the senior
administrator vice chancellor for administration and all personnel except for the chancellor for higher education employed on the
thirtieth day of June, two thousand day preceding the effective
date of this section, within the higher education central office,
any offices of the higher education policy commission and the West
Virginia network for educational telecomputing and the offices of
the chancellor of the board of trustees and the chancellor of the
board of directors shall be transferred to the jurisdiction of the
chancellor for higher education: Provided, That are transferred to
the jurisdiction of the council and commission jointly. Prior to
the first day of October, two thousand no employee shall four, any
such employee may not be terminated or have his or her salary and
benefit levels reduced as the sole result of the governance
reorganization that becomes effective on the first day of July, two
thousand higher education reorganization that occurs on the
effective date of this section.
(e) The vice chancellor for administration shall follow state
and national education trends and gather data on higher education
needs.
(f) The vice chancellor for administration, in accordance with
established guidelines and in consultation with and under the
direction of the chancellor chancellors, shall administer, oversee
or monitor all state and federal student assistance and support
programs administered on the state level, including those provided
for in chapter eighteen-c of this code.
(g) The vice chancellor for administration has a fiduciary
responsibility to administer the tuition and registration fee
capital improvement revenue bond accounts of the governing boards.
(h) The vice chancellor for administration shall administer
the purchasing system or systems of the council and commission, the
office of the chancellor offices of the chancellors and the
governing boards. Provided, That the chancellor Upon mutual
agreement, the chancellors may delegate authority for the
purchasing systems or portions thereof to the institution
presidents.
(i) The vice chancellor for administration is responsible for
the management of the West Virginia network for educational
telecomputing (WVNET). The vice chancellor for administration
shall establish a computer advisory board, which shall be
representative of higher education and other users of the West
Virginia network for educational telecomputing as the chancellor
for higher education chancellors determines appropriate. It is the
responsibility of the computer advisory board to recommend to the
chancellor chancellors policies for a statewide shared computer
system.
(j) The central office, under the direction of the vice
chancellor for administration, shall provide necessary staff
support to the commission, and the office of the chancellor council
and offices of the chancellors.
(k) Effective on the first day of July, two thousand, the The
vice chancellor for administration may administer any program or
service authorized or required to be performed by the board of
trustees or the board of directors on the thirtieth day of June,
two thousand, and not specifically assigned to another agency. In
addition, the vice chancellor for administration may administer any
program or service authorized or required to be performed by the
commission, or the chancellor for higher education council or
chancellors, but not assigned specifically to the commission, or
the chancellor council or chancellors. Any such program or service
may include, but shall not be is not limited to, telecommunications
activities and other programs and services provided for under
grants and contracts from federal and other external funding
sources.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment, services and printing.
(a) The council, commission and each governing board, through
the vice chancellor for administration, shall purchase or acquire
all materials, supplies, equipment, services and printing required
for that governing board or the council or commission, as
appropriate, and the state institutions of higher education under
their jurisdiction. The commission and council jointly shall adopt
rules governing and controlling acquisitions and purchases in accordance with the provisions of this section. The rules shall
assure that the council, commission and the governing boards:
(1) Do not preclude any person from participating and making
sales thereof to the governing board or to the council or
commission except as otherwise provided in section five of this
article. Provision of consultant services such as strategic
planning services will not preclude or inhibit the governing
boards, or the council or commission from considering any qualified
bid or response for delivery of a product or a commodity because of
the rendering of those consultant services;
(2) Establish and prescribe specifications, in all proper
cases, for materials, supplies, equipment, services and printing to
be purchased;
(3) Adopt and prescribe such purchase order, requisition or
other forms as may be required;
(4) Negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market or
through other accepted methods of governmental purchasing as may be
practicable in accordance with general law;
(5) Advertise for bids on all purchases exceeding twenty-five
thousand dollars, to purchase by means of sealed bids and
competitive bidding or to effect advantageous purchases through
other accepted governmental methods and practices;
(6) Post notices of all acquisitions and purchases for which competitive bids are being solicited in the purchasing office of
the specified institution involved in the purchase, at least two
weeks prior to making such purchases and ensure that the notice is
available to the public during business hours;
(7) Provide for purchasing in the open market;
(8) Make provision Provide for vendor notification of bid
solicitation and emergency purchasing; and
(9) Provide that competitive bids are not required for
purchases of five twenty-five thousand dollars or less; and
_____(10) Provide for not fewer than three bids where bidding is
required. If fewer than three bids are submitted, an award may be
made from among those received.
(b) The council, commission or each governing board, through
the vice chancellor for administration, may issue a check in
advance to a company supplying postage meters for postage used by
that board, the council or commission and by the state institutions
of higher education under their jurisdiction.
(c) When a purchase is to be made by bid, any or all bids may
be rejected. However, all purchases based on advertised bid
requests shall be awarded to the lowest responsible bidder taking
into consideration the qualities of the articles to be supplied,
their conformity with specifications, their suitability to the
requirements of the governing boards, the council or commission and
delivery terms. The preference for resident vendors as provided in section thirty-seven, article three, chapter five-a of this code
apply to the competitive bids made pursuant to this section.
(d) The governing boards, council and the commission shall
maintain a purchase file, which shall be a public record and open
for public inspection. After the award of the order or contract,
the governing boards, council and the commission shall indicate
upon the successful bid that it was the successful bid and shall
further indicate why bids are rejected and, if the mathematical low
vendor is not awarded the order or contract, the reason therefor.
No records A record in the purchase file may not be destroyed
without the written consent of the legislative auditor. Those
files in which the original documentation has been held for at
least one year and in which the original documents have been
reproduced and archived on microfilm or other equivalent method of
duplication may be destroyed without the written consent of the
legislative auditor. All files, no matter the storage method,
shall be open for inspection by the legislative auditor upon
request.
(e) The commission and council also jointly shall adopt rules
to prescribe qualifications to be met by any person who is to be
employed as a buyer pursuant to this section. These rules shall
require that no a person may not be employed as a buyer unless that
person, at the time of employment, either is:
(1) A graduate of an accredited college or university; or
(2) Has at least four years' experience in purchasing for any
unit of government or for any business, commercial or industrial
enterprise.
(f) Any person making purchases and acquisitions pursuant to
this section shall execute a bond in the penalty of fifty thousand
dollars, payable to the state of West Virginia, with a corporate
bonding or surety company authorized to do business in this state
as surety thereon, in form prescribed by the attorney general and
conditioned upon the faithful performance of all duties in
accordance with this section and sections five through eight,
inclusive, of this article and the rules of the interim governing
board and the council and commission. In lieu of separate bonds
for such buyers, a blanket surety bond may be obtained. Any such
bond shall be filed with the secretary of state. The cost of any
such bond shall be paid from funds appropriated to the applicable
governing board or the council or commission.
(g) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article two,
chapter five-a of this code, relating to expenditure schedules and
quarterly allotments of funds.
(h) The governing boards, council and the commission may make
requisitions upon the auditor for a sum to be known as an advance
allowance account, in no case to not to exceed five percent of the total of the appropriations for the governing board, council or the
commission, and the auditor shall draw a warrant upon the treasurer
for such accounts. All advance allowance accounts shall be
accounted for by the applicable governing board or the council or
commission once every thirty days or more often if required by the
state auditor.
(i) Contracts entered into pursuant to this section shall be
signed by the applicable governing board or the council or
commission in the name of the state and shall be approved as to
form by the attorney general. A contract which requires approval
as to form by the attorney general and for which is considered
approved if the attorney general has not responded within fifteen
days of presentation of the contract. the contract shall be
considered approved. A contract or a change order for that
contract and notwithstanding any other provision of this code to
the contrary, associated documents such as performance and
labor/material payments, bonds and certificates of insurance which
use terms and conditions or standardized forms previously approved
by the attorney general and do not make substantive changes in the
terms and conditions of the contract do not require approval by the
attorney general. The attorney general shall make a list of those
changes which he or she deems to be substantive and the list, and
any changes thereto, shall be published in the state register. A
contract that exceeds fifteen thousand dollars shall be filed with the state auditor. If requested to do so, the governing boards,
council or the commission shall make all contracts available for
inspection by the state auditor. The governing board, council or
the commission, as appropriate, shall prescribe the amount of
deposit or bond to be submitted with a bid or contract, if any, and
the amount of deposit or bond to be given for the faithful
performance of a contract.
(j) If the governing board, council or the commission
purchases or contracts for materials, supplies, equipment, services
and printing contrary to the provisions of sections four through
seven of this article or the rules pursuant thereto, such purchase
or contract shall be is void and of no effect.
(k) Any governing board or the council or commission, as
appropriate, may request the director of purchases to make
available, from time to time, the facilities and services of that
department to the governing boards, council or the commission in
the purchase and acquisition of materials, supplies, equipment,
services and printing and the director of purchases shall cooperate
with that governing board, council or the commission, as
appropriate, in all such purchases and acquisitions upon such
request.
(l) Each governing board or the council or commission, as
appropriate, shall permit private institutions of higher education
to join as purchasers on purchase contracts for materials, supplies, services and equipment entered into by that governing
board or the council or commission. Any private school desiring to
join as purchasers on such purchase contracts shall file with that
governing board or the council or commission an affidavit signed by
the president of the institution of higher education or a designee
requesting that it be authorized to join as purchaser on purchase
contracts of that governing board or the council or commission, as
appropriate. The private school shall agree that it is bound by
such terms and conditions as that governing board or the council or
commission may prescribe and that it will be responsible for
payment directly to the vendor under each purchase contract.
(m) Notwithstanding any other provision of this code to the
contrary, the governing boards, council and the commission, as
appropriate, may make purchases from cooperative buying groups,
consortia, the federal government or from federal government
contracts if the materials, supplies, services, equipment or
printing to be purchased is available from cooperative buying
groups, consortia, the federal government or from a federal
contract and purchasing from the cooperative buying groups,
consortia, federal government or from a federal government contract
would be the most financially advantageous manner of making the
purchase.
(n) An independent performance audit of all purchasing
functions and duties which are performed at any institution of higher education shall be performed each fiscal year. The joint
committee on government and finance shall conduct the performance
audit and the governing boards, council and the commission, as
appropriate, shall be are responsible for paying the cost of the
audit from funds appropriated to the governing boards, council or
the commission.
(o) The governing boards shall require each institution under
their respective jurisdictions to notify and inform every vendor
doing business with that institution of the provisions of section
fifty-four, article three, chapter five-a of this code, also known
as the "prompt pay act of 1990".
(p) Consultant services, such as strategic planning services,
may not preclude or inhibit the governing boards, council or the
commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services.
(q) After the commission or council, as appropriate, has
granted approval for lease-purchase arrangements by the governing
boards, a governing board may enter into lease-purchase
arrangements for capital improvements, including equipment. Any
lease-purchase arrangement so entered shall constitute a special
obligation of the state of West Virginia. The obligation under a
lease-purchase arrangement so entered may be from any funds legally
available to the institution and must be cancelable at the option of the governing board or institution at the end of any fiscal
year. The obligation, any assignment or securitization thereof,
shall never constitute never constitutes an indebtedness of the
state of West Virginia or any department, agency or political
subdivision thereof, within the meaning of any constitutional
provision or statutory limitation, and may not be a charge against
the general credit or taxing powers of the state or any political
subdivision thereof. and such Such facts shall be plainly stated
in any lease-purchase agreement. Further, the lease-purchase
agreement shall prohibit assignment or securitization without
consent of the lessee and the approval of the attorney general of
West Virginia. Proposals for any arrangement must be requested in
accordance with the requirements of this section and any rules or
guidelines of the commission and council. In addition, any
lease-purchase agreement which exceeds one hundred thousand dollars
total shall be approved by the attorney general of West Virginia.
The interest component of any lease-purchase obligation shall be is
exempt from all taxation of the state of West Virginia, except
inheritance, estate and transfer taxes. It is the intent of the
Legislature that if the requirements set forth in the Internal
Revenue Code of 1986, as amended, and any regulations promulgated
pursuant thereto are met, the interest component of any
lease-purchase obligation also shall be is exempt from the gross
income of the recipient for purposes of federal income taxation and may be designated by the governing board or the president of the
institution as a bank-qualified obligation.
(r) Notwithstanding any other provision of this code to the
contrary, the commission, council and the governing boards have the
authority, in the name of the state, to lease, or offer to lease,
as lessee, any grounds, buildings, office or other space in
accordance with this paragraph and as provided below:
(1) The commission, council and the governing boards have sole
authority to select and to acquire by contract or lease all
grounds, buildings, office space or other space, the rental of
which is necessarily required by the commission, council or
governing boards for the institutions under their jurisdiction.
The chief executive officer of the commission, council or an
institution shall certify the following:
(A) That the grounds, buildings, office space or other space
requested is necessarily required for the proper function of the
commission, council or institution;
(B) That the commission, council or institution will be
responsible for all rent and other necessary payments in connection
with the contract or lease; and
(C) That satisfactory grounds, buildings, office space or
other space is not available on grounds and in buildings now
currently owned or leased by the commission, council or the
institution.
Before executing any rental contract or lease, the commission,
council or a governing board shall determine the fair rental value
for the rental of the requested grounds, buildings, office space or
other space, in the condition in which they exist, and shall
contract for or lease the premises at a price not to exceed the
fair rental value.
(2) The commission, council and the governing boards are
authorized to enter into long-term agreements for buildings, land
and space for periods longer than one fiscal year but not to exceed
forty years. Any purchase of real estate, any lease-purchase
agreement and any construction of new buildings or other
acquisition of buildings, office space or grounds resulting
therefrom, pursuant to the provisions of this subsection shall be
presented by the policy commission or council, as appropriate, to
the joint committee on government and finance for prior review.
Any such lease shall contain, in substance, all the following
provisions:
(A) That the commission, council or the governing board, as
lessee, have has the right to cancel the lease without further
obligation on the part of the lessee upon giving thirty days'
written notice to the lessor at least thirty days prior to the last
day of the succeeding month;
(B) That the lease shall be is considered canceled without
further obligation on the part of the lessee if the Legislature or the federal government fails to appropriate sufficient funds
therefor or otherwise acts to impair the lease or cause it to be
canceled; and
(C) That the lease shall be is considered renewed for each
ensuing fiscal year during the term of the lease unless it is
canceled by the commission, council or the governing board before
the end of the then-current fiscal year.
(3) The commission, council or an institution which is granted
any grounds, buildings, office space or other space leased in
accordance with this section may not order or make permanent
changes of any type thereto, unless the commission, council or the
governing board, as appropriate, has first determined that the
change is necessary for the proper, efficient and economically
sound operation of the institution. For purposes of this section,
a "permanent change" means any addition, alteration, improvement,
remodeling, repair or other change involving the expenditure of
state funds for the installation of any tangible thing which cannot
be economically removed from the grounds, buildings, office space
or other space when vacated by the institution.
(4) Leases and other instruments for grounds, buildings,
office or other space, once approved by the commission, council or
governing board, may be signed by the chief executive officer of
the commission, council or the institution. Any lease or
instrument exceeding one hundred thousand dollars annually shall be approved as to form by the attorney general. A lease or other
instrument for grounds, buildings, office or other space that
contains a term, including any options, of more than six months for
its fulfillment shall be filed with the state auditor.
(5) The commission and council jointly may promulgate rules it
considers they consider necessary to carry out the provisions of
this section.
ARTICLE 6. ADVISORY COUNCILS AND BOARDS.
§18B-6-1. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Advisory council of classified employees" or "classified
council" means the state advisory organization of classified
employees created pursuant to section five of this article.
(b) "Advisory council of faculty" or "faculty council" means
the state advisory organization of faculty created pursuant to
section two of this article.
(c) "Advisory council of students" or "student advisory
council" means the state advisory organization of students created
pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means
any regular full-time or regular part-time employee of a governing
board, the commission, the council or the West Virginia network for educational telecomputing who holds a position that is assigned a
particular job title and pay grade in accordance with the personnel
classification system established by law.
(e) "Community and technical college" means eastern West
Virginia community and technical college, Fairmont state community
and technical college, Marshall community and technical college,
New River community and technical college, West Virginia northern
community and technical college, Shepherd community and technical
college, southern West Virginia community and technical college,
West Virginia state community and technical college, community and
technology college at West Virginia university institute of
technology, West Virginia university at Parkersburg and any other
community and technical college so designated by the Legislature.
(f) "Council" means the West Virginia council for community
and technical college education created pursuant to section three,
article two-b of this chapter.
(g) "Institutional classified employee council" or "staff
council" means the advisory group of classified employees formed at
a state institution of higher education pursuant to section six of
this article.
(h) "Institutional faculty senate" or "faculty senate" means
the advisory group of faculty formed at a state institution of
higher education pursuant to section three of this article.
(i) "State institution of higher education", in the singular or plural, means the institutions as defined in section two,
article one of this chapter and, additionally, Fairmont state
community and technical college, Marshall community and technical
college, Marshall university graduate college, New River community
and technical college, Potomac state college of West Virginia
university, Robert C. Byrd health sciences Charleston division of
West Virginia university, Shepherd community and technical college,
West Virginia state community and technical college, West Virginia
university at Parkersburg, West Virginia university institute of
technology, community and technology 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.
§18B-6-2. State advisory council of faculty.
(a) There is continued the state advisory council of faculty.
(b) Election of members and terms of office. -
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the faculty council and in accordance with procedures
established by the faculty council, shall convene a meeting or
otherwise institute a balloting process to elect one faculty member
from each institution of higher education to serve on the faculty council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible
to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the faculty council during the month of April to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one faculty member from that
institution to serve on the faculty council. Members so elected
shall take office on the first day of July, two thousand four, and
serve until the next regularly scheduled election held pursuant to
this section; thereafter, faculty members elected to represent
administratively linked community and technical colleges serve a
regular two-year term.
(c) The faculty council shall meet at least once each quarter
and may meet at such other times as called by the chairperson or by
a majority of its members. One of the quarterly meetings shall be
during the month of July, at which meeting the faculty council
shall elect a chairperson from among its members. The chairperson
may serve no more than two consecutive terms as chair. A member
may not vote by proxy at the election. In the event of a tie in
the last vote taken for such election, a member authorized by the
faculty council shall select the chairperson by lot from the names of those persons tied. Immediately following the election of a
chairperson, and in the manner prescribed by this section for the
election of a chairperson, the faculty council shall elect a member
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the faculty council shall meet
and elect a new chairperson to fill the unexpired term within
thirty days following the vacancy.
(d) The faculty council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
faculty members have an interest.
(e) The commission and council shall meet annually between the
months of October and December with the faculty council to discuss
matters of higher education in which the faculty members or the
council or commission may have an interest.
(f) Members of the faculty council serve without compensation.
Members are entitled to reimbursement for actual and necessary
expenses, including travel expenses, incurred in the performance of
their official duties. Expenses are paid from funds allocated to
the state institution of higher education which the member serves.
(g) The faculty council shall prepare minutes of its meetings,
which minutes shall be available, upon request, to any faculty
member of a state institution of higher education represented on
the faculty council.
§18B-6-3. Institutional faculty senate.
(a) Effective the first day of April, two thousand four, a
faculty senate is established at each institution of higher
education. Members and officers of an organized, campus-level
advisory group of faculty who are serving prior to the effective
date of this section may continue to serve with all the rights,
privileges and responsibilities prescribed herein until the time
that members elected as set forth in subsection (b) of this section
assume office.
(b) Members of each faculty senate are elected as follows:
(1) During the month of April of each even-numbered year,
beginning in the year two thousand four, each president of a state
institution of higher education, at the direction of the faculty
and in accordance with procedures established by the faculty, shall
convene a meeting or otherwise institute a balloting process to
elect the members of the faculty senate.
(2) Selection procedures shall provide for appropriate
representation of all academic units within the institution.
(3) The faculty member who is elected to serve on the faculty
council is an ex officio, voting member of the faculty senate and
reports to the faculty senate on meetings of the faculty council
and the board of governors.
(c) Members serve a term of two years, which term begins on
the first day of July of each even-numbered year. Members of the faculty senate are eligible to succeed themselves.
(d) Each faculty senate shall elect a chairperson from among
its members. The chairperson may serve no more than two
consecutive terms as chairperson.
(e) The faculty senate meets quarterly and may meet at such
other times as called by the chairperson or by a majority of the
members. With appropriate notification to the president of the
institution, the chairperson may convene a faculty senate meeting
for the purpose of sharing information and discussing issues
affecting faculty and the effective and efficient management of the
institution.
(f) The president of the institution shall meet at least
quarterly with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
(g) The governing board of the institution shall meet at least
annually with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
§18B-6-4. State advisory council of students.
(a) There is continued the state advisory council of students.
(b) During the month of April of each year, each student
government organization at each institution of higher education
shall elect a student to serve on the student advisory council. Terms of the members of the student advisory council are for one
year and begin on the first day of September of each year. A duly
elected member currently serving on the advisory council of
students may continue to serve until a new member from that
institution is elected pursuant to the provisions of this section.
Members of the student advisory council are eligible to succeed
themselves.
(c) The student advisory council shall meet at least once each
quarter. One of the quarterly meetings shall be during the month
of September, at which meeting the student advisory council shall
elect a chairperson. A member may not vote by proxy at the
election. In the event of a tie in the last vote taken for the
election, a member authorized by the student advisory council shall
select the chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the student
advisory council shall elect, in the manner prescribed by this
section for the election of a chairperson, a member of the council
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the student advisory council
shall meet and elect a new chairperson to fill the unexpired term
within thirty days following the vacancy.
(d) The student advisory council, through its chairperson and
in any appropriate manner, shall communicate to the commission or
the council, as appropriate, matters of higher education in which the student members have an interest.
(e) The commission and council shall meet annually, between
the months of October and December, with the student advisory
council to discuss matters of higher education in which the student
members or the council or commission have an interest.
(f) Members of the student advisory council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education in which the
student is enrolled.
(g) The student advisory council shall prepare minutes of its
meetings. The minutes shall be available, upon request, to any
student of a state institution of higher education represented on
the council.
§18B-6-5. State advisory councils of classified employees.
(a) There is hereby continued the state advisory council of
classified employees.
(b) Election of members and terms of office. -
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the classified council and in accordance with
procedures established by the classified council, shall convene a
meeting or otherwise institute a balloting process to elect one classified employee from each institution of higher education to
serve on the classified council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible
to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the classified council during the month of April to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one classified employee from that
institution to serve on the classified council. Members so elected
take office on the first day of July, two thousand four, and serve
until the next regularly scheduled election held pursuant to this
section; thereafter, classified employees elected to represent
administratively linked community and technical colleges serve a
regular two-year term.
(d) The classified council shall meet at least once each
quarter and may meet at such other times as called by the
chairperson or by a majority of its members. One of the quarterly
meetings shall be during the month of July, at which meeting the
classified council shall elect a chairperson from among its
members. The chairperson may serve no more than two consecutive
terms as chairperson. A member may not vote by proxy at the
election. In the event of a tie in the last vote taken for the election, a member authorized by the classified council shall
select the chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the classified
council shall elect, in the manner prescribed by this section for
the election of a chairperson, a member of the classified council
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the classified council shall meet
and elect a new chairperson to fill the unexpired term within
thirty days following the vacancy.
(e) The classified council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
classified employees have an interest.
(f) The commission and council shall meet annually, between
the months of October and December, with the classified council to
discuss matters of higher education in which the classified
employees or the council or commission have an interest.
(g) Members of the classified council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education which the
member serves.
(h) The classified council shall prepare minutes of its meetings. The minutes shall be available, upon request, to any
classified employee of a state institution of higher education
represented on the classified council.
§18B-6-6. Institutional classified employee council.
(a) There is continued at each institution of higher education
an institutional classified employees advisory council to be known
as the staff council.
(b) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the staff council and in accordance with procedures
established by the staff council, shall convene a meeting or
otherwise institute a balloting process to elect members of the
staff council as follows:
(1) Two classified employees from the
administrative/managerial sector;
(2) Two classified employees from the professional/nonteaching
sector;
(3) Two classified employees from the paraprofessional sector;
(4) Two classified employees from the secretarial/clerical
sector;
(5) Two classified employees from the physical
plant/maintenance sector;
(6) The classified employee who is elected to serve on the
advisory council of classified employees serves as an ex officio, voting member of the staff council. This member shall report to
the staff council on meetings of the classified council and the
board of governors; and
(7) Classified employees at Marshall university and West
Virginia university may elect five classified employees from each
of the five sectors to serve on the staff council.
(c) Members serve a term of two years, which term begins on
the first day of July of each odd-numbered year. Members of the
staff council are eligible to succeed themselves.
(d) Classified employees shall select one of their members to
serve as chairperson. All classified employees at the institution
are eligible to vote for the chairperson by any method approved by
a majority of their members. The chairperson is eligible to
succeed himself or herself.
(e) The staff council shall meet at least monthly or at the
call of the chairperson. With appropriate notification to the
president of the institution, the chairperson may convene staff
council meetings for the purpose of sharing information and
discussing issues affecting the classified employees or the
efficient and effective operations of the institution.
(f) The president of the institution shall meet at least
quarterly with the staff council to discuss matters affecting
classified employees.
(g) The governing board of the institution shall meet at least annually with the staff council to discuss matters affecting
classified employees and the effective and efficient management of
the institution.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Seniority for full-time classified personnel; seniority
to be observed in reducing work force; preferred recall list;
renewal of listing; notice of vacancies.
(a) Definitions for terms used in this section are in
accordance with those provided in section two, article nine of this
chapter, except that the provisions of this section shall apply
only to classified employees whose employment, if continued,
accumulates to a minimum total of one thousand forty hours during
a calendar year and extends over at least nine months of a calendar
year. Provided, That this This section also applies to any
classified employee who is involuntarily transferred to a position
in nonclassified status for which he or she did not apply.
Provided, however, That any Any classified employee involuntarily
transferred to a position in nonclassified status may only exercise
the rights set out in this section for positions equivalent to or
lower than the last job class the employee held.
(b) All decisions by the appropriate governing board, the
council or commission or its agents at state institutions of higher
education concerning reductions in work force of full-time
classified personnel, whether by temporary furlough or permanent termination, shall be made in accordance with this section. For
layoffs by classification for reason of lack of funds or work, or
abolition of position or material changes in duties or organization
and for recall of employees laid off, consideration shall be given
to an employee's seniority as measured by permanent employment in
the service of the state system of higher education. In the event
that the institution wishes desires to lay off a more senior
employee, the institution shall demonstrate that the senior
employee cannot perform any other job duties held by less senior
employees of that institution in the same job class or any other
equivalent or lower job class for which the senior employee is
qualified. Provided, That if If an employee refuses to accept a
position in a lower job class, the employee shall retain retains
all rights of recall provided in this section. If two or more
employees accumulate identical seniority, the priority shall be is
determined by a random selection system established by the
employees and approved by the institution.
(c) Any employee laid off during a furlough or reduction in
work force shall be is placed upon a preferred recall list and
shall be is recalled to employment by the institution on the basis
of seniority. An employee's listing with an institution shall
remain remains active for a period of one calendar year from the
date of termination or furlough or from the date of the most recent
renewal. If an employee fails to renew the listing with the institution, the employee's name may be removed from the list. An
employee placed upon the preferred list shall be recalled to any
position opening by the institution within the classifications in
which the employee had previously been employed or to any lateral
position for which the employee is qualified. An employee on the
preferred recall list shall does not forfeit the right to recall by
the institution if compelling reasons require the employee to
refuse an offer of reemployment by the institution.
The institution shall notify all employees maintaining active
listings on the preferred recall list of all position openings that
from time to time periodically exist. The notice shall be sent by
certified mail to the last known address of the employee. It is
the duty of each employee listed to notify the institution of any
change in address and to timely renew the listing with the
institution. No position openings shall A position opening may
not be filled by the institution, whether temporary or permanent,
until all employees on the preferred recall list have been properly
notified of existing vacancies and have been given an opportunity
to accept reemployment.
(d) A nonexempt classified employee, including a nonexempt
employee who has not accumulated a minimum total of one thousand
forty hours during the calendar year or whose contract does not
extend over at least nine months of a calendar year, who applies
and meets the minimum qualifications for a nonexempt job opening at the institution where the employee is currently employed, whether
the job is a lateral transfer or a promotion, and applies for the
job shall be transferred or promoted before a new person is hired.
unless
(1) This subsection does not apply if the hiring is affected
by:
(A) Mandates in affirmative action plans; or
(B) The requirements of Public Law 101-336, the Americans with
Disabilities Act.
(2) This subsection applies to any nonexempt classified
employee, including:
_____(A) One who has not accumulated a minimum total of one
thousand forty hours during the calendar year; and
_____(B) One whose contract does not extend over at least nine
months of a calendar year.
_____(3) If more than one qualified, nonexempt classified employee
applies, the best-qualified nonexempt classified employee shall be
is awarded the position. In instances where the classified
employees are equally qualified, the nonexempt classified employee
with the greatest amount of continuous seniority at that state
institution of higher education shall be is awarded the position.
(4) A nonexempt classified employee is one to whom the
provisions of the federal Fair Labor Standards Act, as amended,
apply.
(e) In addition to any other information required, any
application for personnel governed by the provisions of this
section shall include the applicant's social security number.
(f) Regardless of the level of seniority for any employee, for
the purposes of this section:
_____(1) An employee at a community and technical college may not
displace, and does not have priority over any employee of an
institution under the jurisdiction of the commission where a hiring
will occur at such an institution, and the provisions of subsection
(d) of this section apply.
_____(2) An employee at an institution under the jurisdiction of
the commission may not displace and does not have priority over any
employee of a community and technical college where a hiring will
occur at a community and technical college and the provisions of
subsection (d) of this section apply.
_____(3) For the purpose of this subsection, an employee performing
a dual service for a sponsoring institution and an administratively
linked community and technical college is an employee at an
institution under the jurisdiction of the commission if the
sponsoring institution receives a fee from the administratively
linked community and technical college for the service performed by
that employee.
§18B-7-12. Maintenance of benefits for employees.
(a) On the effective date of this section, any individual employed on the day preceding the effective date of this section by
the chancellor for higher education or commission maintains all
benefits of employment held, accrued and afforded prior to the
effective date of this section. Such benefits include, but are not
limited to, retirement benefits, continued membership in the same
retirement system, any insurance coverage, and sick and annual
leave. For the purposes of leave conversion established in section
thirteen, article sixteen, chapter five of this code, an employee
is not a new employee, and the prohibition on conversion does not
apply if the employee was eligible for leave conversion on the day
preceding the effective date of this section. On the effective
date of this section, for the purpose of section thirteen, article
sixteen, chapter five of this code:
(1) Each employee maintains all sick and annual leave accrued,
and all rights to convert the leave that had been accrued as of the
day preceding the effective date of this section; and
(2) Each employee continues to maintain his or her status for
eligibility under the provisions and application of said section as
applied to the employee on the day preceding the effective date of
this section.
(b) Prior to the first day of October, two thousand four, an
employee may not be terminated, or have his or her salary or
benefit levels reduced as the result of the higher education
reorganization set forth in this article.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-1. Legislative purpose.
The purpose of the Legislature in the enactment of this
article is to require the commission and council jointly to
establish, control, supervise and manage a complete, uniform system
of personnel classification in accordance with the provisions of
this article for all employees other than faculty and nonclassified
employees at state institutions of higher education.
§18B-9-2. Definitions.
As used in this article:
(a) "Classified employee" or "employee" means any regular
full-time or regular part-time employee of a governing board, or
the commission or the council, including all employees of the West
Virginia network for educational telecomputing, who hold a position
that is assigned a particular job title and pay grade in accordance
with the personnel classification system established by this
article or by the commission and council;
(b) "Nonclassified employee" means an individual who is
responsible for policy formation at the department or institutional
level, or reports directly to the president, or is in a position
considered critical to the institution by the president pursuant to
policies adopted by the governing board. Provided, That The
percentage of personnel placed in the category of "nonclassified" at any given institution shall may not exceed ten percent of the
total number of employees of that institution who are eligible for
membership in any state retirement system of the state of West
Virginia or other retirement plan authorized by the state:
Provided, however, That an additional ten percent of the total
number of employees of that institution as defined in this
subsection may be placed in the category of "nonclassified" if they
are in a position considered critical to the institution by the
president. Final approval of such placement shall be with the
appropriate governing board;
(c) "Job description" means the specific listing of duties and
responsibilities as determined by the appropriate governing board,
or the commission or council and associated with a particular job
title;
(d) "Job title" means the name of the position or job as
defined by the appropriate governing board, or the commission or
council;
(e) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to
rectify salary inequities or accommodate competitive market
conditions in accordance with rules established by the governing
boards, or the commission or council;
(f) "Pay grade" means the number assigned by the commission
and council to a particular job title and refers to the vertical column heading of the salary schedule established in section three
of this article;
(g) "Personnel classification system" means the process of job
categorization adopted by the commission and council jointly by
which job title, job description, pay grade and placement on the
salary schedule are determined;
(h) "Salary" means the amount of compensation paid through the
state treasury per annum to a classified employee;
(i) "Schedule" or "salary schedule" means the grid of annual
salary figures established in section three of this article; and
(j) "Years of experience" means the number of years a person
has been an employee of the state of West Virginia and refers to
the horizontal column heading of the salary schedule established in
section three of this article. For the purpose of placement on the
salary schedule, employment for nine months or more equals one year
of experience, but no a classified employee may not accrue more
than one year of experience during any given fiscal year.
Employment for less than full time or less than nine months during
any fiscal year shall be prorated. In accordance with rules
established by the commission and council jointly, a classified
employee may be granted additional years of experience not to
exceed the actual number of years of prior, relevant work or
experience at accredited institutions of higher education other
than state institutions of higher education.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among such fees any one or
more of the following:
(1) Health service fees;
(2) Infirmary fees;
(3) Student activities, recreational, athletic and
extracurricular fees, which fees may be used to finance a students'
attorney to perform legal services for students in civil matters at
such institutions. Such legal services are limited to only those
types of cases, programs or services approved by the administrative
head of the institution where the legal services are to be
performed; and
(4) Graduate center fees and branch college fees, or either,
if the establishment and operations of graduate centers or branch
colleges are otherwise authorized by law.
(b) All fees collected at any graduate center or at any branch
college shall be paid into special funds and shall be used solely
for the maintenance and operation of the graduate center or branch college at which they were collected. The commission and council
shall set tuition and fee goals for residents at each institution
under its respective jurisdiction after examining tuition and fees
at the institutions' peers. Tuition and fees for nonresident,
undergraduate students shall, at a minimum, cover actual
instructional costs as determined in accordance with commission and
council policy. Students enrolled in undergraduate courses offered
at off-campus locations shall pay an off-campus instruction fee and
may not be required to pay the athletic fee and the student
activity fee.
(c) The off-campus instruction fee shall be used solely for
the support of off-campus courses offered by the institution.
Off-campus locations for each institution shall be defined by the
appropriate governing board. The schedule of all fees, and any
changes therein, shall be entered in the minutes of the meeting of
the appropriate governing board, and the board shall file with the
legislative auditor a certified copy of such schedule and changes.
(d) In addition to the fees mentioned in the preceding
paragraph, each governing board may impose and collect a student
union building fee. All such building fees collected at an
institution shall be paid into a special student union building
fund for such institution, which is hereby created in the state
treasury. Pursuant to the provisions of section ten of this
article, the fees shall be used only for the following purposes:
(1) The construction, operation and maintenance of a student
union building or a combination student union and dining hall
building;
(2) The payment of the principal of and interest on any bond
issued to finance part or all of the construction of a student
union building or a combination student union and dining hall
building; or
(3) The renovation of an existing structure for use as a
student union building or a combination student union and dining
hall building, all as more fully provided in section ten of this
article.
Any moneys in such funds not needed immediately for such
purposes may be invested in any such bonds or other securities as
are now or hereafter authorized as proper investments for state
funds.
(e) The boards shall establish the rates to be charged
full-time students enrolled during a regular academic term.
(1) For fee purposes, a full-time undergraduate student is one
enrolled for twelve or more credit hours in a regular term, and a
full-time graduate student is one enrolled for nine or more credit
hours in a regular term.
(2) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour, and graduate students taking fewer than nine credit hours in a regular
term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(3) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the above provisions.
(f) All fees are due and payable by the student upon
enrollment and registration for classes except as provided for in
this subsection:
(1) The governing boards shall permit fee payments to be made
in up to three installments over the course of the academic term.
All fees shall be paid prior to the awarding of course credit at
the end of the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing
boards may charge the students for the reasonable and customary
charges incurred in accepting credit cards and other methods of
payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis if the finances of a student are affected adversely.
(g) The rule related to assessment, payment and refund of fees
including refund of fees upon voluntary or involuntary withdrawal
from classes, shall comply with all applicable state and federal
laws and shall be uniformly applied throughout the system.
(h) In addition to the other fees provided in this section,
each governing board may impose, collect and distribute a fee to be
used to finance a nonprofit, student-controlled public interest
research group if the students at the institution demonstrate
support for the increased fee in a manner and method established by
that institution's elected student government. The fee may not be
used to finance litigation against the institution.
(i) Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with a revised tuition policy adopted by the respective governing
boards and approved by the commission or council, as appropriate.
The revised tuition policy shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
commission or council, as appropriate, a mandatory auxiliary fee
under the following conditions:
(A) The fee shall be approved by the commission or council and
either the students at the institution or the Legislature before
becoming effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees and that amount shall be returned to
general revenue. All state subsidies for the auxiliary services
shall cease five years from the date the mandatory auxiliary fee
was implemented;
(E) The commission or council shall certify to the Legislature
by the first day of October in the fiscal year following
implementation of the fee, and annually thereafter, the amount of
fees collected for each of the five years.
(4) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.
(j) A penalty may not be imposed by the commission or council, as appropriate, upon any institution based upon the number of
nonresidents who attend the institution unless the commission or
council determines that admission of nonresidents to any
institution or program of study within the institution is impeding
unreasonably the ability of the resident students to attend the
institution or participate in the programs of the institution. The
institutions shall report annually to the commission or council on
the numbers of nonresidents and such other enrollment information
as the commission or council may request.
(k) Tuition and fee increases of the governing boards are
subject to rules adopted by the commission or council, as
appropriate pursuant to subsection (a), section four, article one-b
of this chapter.
(1) A governing board may propose tuition and fee increases of
up to nine and one-half percent for undergraduate resident students
for any fiscal year except that proposed tuition and fees increases
for community and technical colleges may be up to four and three
quarters percent. Any proposed increase shall be approved by the
commission or council, as appropriate. The commission or council
shall examine individually each request from a governing board for
an increase. Approval for any increase shall be based on a
determination by the commission or council that the institution has
met the following conditions:
(A) Has maximized resources available through nonresident tuition and fee charges to the satisfaction of the commission or
council;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of
article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Is implementing the efficiency measures required by
section nine, article five of this chapter;
(E) Has demonstrated to the satisfaction of the commission or
council that an increase will be used to maintain high-quality
programs at the institution;
(F) Has demonstrated to the satisfaction of the commission or
council that the institution is making adequate progress toward
achieving the goals for education established by the southern
regional education board; and
(G) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(2) In making a determination on tuition and fee proposals,
the commission or council also may take into consideration whether
the per capita income in an institution's service region exceeds
the state per capita income. For the purposes of this subdivision only:
(A) Service region is the county in which the main campus of
the institution is located and the contiguous West Virginia
counties; and
(B) Per capita income for the service region shall be computed
using the most current annual, county-level per capita income data
published by the United States department of commerce, bureau of
economic analysis, weighted by the compatible year population
estimates published by the United States census bureau.
(3) This section may not be construed to require equal
increases among institutions or to require any level of increase at
an institution.
(4) The commission or council shall report to the legislative
oversight commission on education accountability regarding the
basis for each approval or denial as determined using the criteria
established in subdivision (1) of this subsection.
§18B-10-2. Higher education resource fee.
In addition to the fees specifically provided for in section
one of this article, all students enrolled for credit at a state
institution of higher education shall pay a higher education
resource fee. The commission and council jointly shall fix the fee
rates for the various institutions and classes of students under
its jurisdiction their respective jurisdictions and may from time
to time change these rates. The amount of the fee charged at each institution shall be prorated for part-time students. The fee
imposed by this section is in addition to the maximum fees allowed
to be collected under the provision of section one of this article
and is not limited thereby. Refunds of such the fee may be made in
the same manner as any other fee collected at state institutions of
higher education.
Ninety percent of the total fees collected at each institution
pursuant to this section shall be deposited in a special fund in
the state treasury for the institution at which the fees are
collected and may be used by the institution for libraries and
library supplies, including books, periodicals, subscriptions and
audiovisual materials, instructional equipment and materials; and
for the improvement in quality and scope of student services. Up
to ten percent of the fee collections from institutions under the
jurisdiction of the commission shall be deposited in a special fund
and expended or allocated by the commission to meet general
operating expenses of the commission or to fund statewide programs.
Provided, That the board Up to ten percent of the fee collections
from institutions under the jurisdiction of the council shall be
deposited in a special fund and expended or allocated by the
council to meet general operating expenses of the council or to
fund statewide programs. The boards shall, to the maximum extent
practicable, offset the impact, if any, on financially needy
students of any potential fee increases under this section by allocating an appropriate amount of such fee revenue to the state
scholarship program to be expended in accordance with the
provisions of article five, chapter eighteen-c of this code.
The commission and council each shall, on or before the first
day of July of each year annually, provide the legislative auditor
with a report of the projected fee collections for the board and
each of its institutions and the expenditures proposed for such
fee.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 448--A Bill to repeal §18B-1A-8 of the
code of West Virginia, 1931, as amended; to repeal §18B-1B-7 of
said code; to repeal §18B-3C-7 of said code; to repeal §18B-6-1a,
§18B-6-2a, §18B-6-3a, §18B-6-4a and §18B-6-4b of said code; to
amend and reenact §18-2-1 of said code; to amend and reenact
§18B-1-1a, §18B-1-2, §18B-1-3 and §18B-1-6 of said code; to amend
and reenact §18B-1A-2, §18B-1A-4 and §18B-1A-5 of said code; to
amend and reenact §18B-1B-1, §18B-1B-2, §18B-1B-4, §18B-1B-5 and
§18B-1B-6 of said code; to amend and reenact §18B-2A-1 and
§18B-2A-4 of said code; to amend and reenact §18B-2B-1, §18B-2B-2,
§18B-2B-3, §18B-2B-4, §18B-2B-5, §18B-2B-6, §18B-2B-7 and §18B-2B-8
of said code; to amend and reenact §18B-2C-3 and §18B-2C-4 of said
code; to amend and reenact §18B-3C-1, §18B-3C-2, §18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6, §18B-3C-8, §18B-3C-9, §18B-3C-10
and §18B-3C-12 of said code; to amend and reenact §18B-4-1 and
§18B-4-2 of said code; to amend and reenact §18B-5-4 of said code;
to amend reenact §18B-6-1 of said code; to amend said code by
adding thereto five new sections, designated §18B-6-2, §18B-6-3,
§18B-6-4, §18B-6-5 and §18B-6-6; to amend and reenact §18B-7-1 of
said code; to amend said code by adding thereto a new section,
designated §18B-7-12; to amend and reenact §18B-9-1 and §18B-9-2 of
said code; and to amend and reenact §18B-10-1 and §18B-10-2 of said
code, all relating to education; higher education; post-secondary
education; public education; goals for post-secondary education;
public policy agenda; public policy responsibility expansion;
institutions of higher education; vocational-technical-occupational
education institutions; boards, councils, commissions and advisory
groups; power, duty, authority, responsibility, accountability and
ownership transfer and expansion; board and group abolishment and
establishment; conforming structure of certain advisory groups;
representation and membership expansion; meetings; certain expense
clarification; certain term and term limit modifications; rule-
making authority expansion; consistency and cooperation among
certain boards, council, commission and groups; emergency rule
promulgation; jurisdiction transfer and expansion; compacts and
master plans; compact review and approval authority; legislative
financing goals; financing policy and budget authority expansion; certain grant duration reduction; higher education personnel;
employee title modification; employee power, duty and
responsibility modification and expansion; salary modification;
employee reorganization; personnel benefit maintenance; certain
employee and presidential employment modification; definitions;
legislative findings; reports to the Legislature; certain fee
transfer; certain power withdrawal authorization; transfer of
authority regarding certain higher education institution creation;
district consortia elimination; community and technical college
consortia districts established; consortia power, duties,
responsibilities and operation; independent accreditation deadline
modification; certain administrative, programmatic and budgetary
control transfer and expansion; service and fee requirement
modification and limitation; purchasing and competitive bidding
requirement modification; certain employee seniority and
displacement authority modification; and certain obsolete provision
elimination.
On motion of Senator Plymale, the following amendments to the
House of Delegates amendments to the bill were reported by the
Clerk, considered simultaneously, and adopted:
On page two, after the article heading, by striking out the
remainder of the bill and inserting in lieu thereof the following:
§18-2-1. Creation; composition; appointment, qualifications, terms
and removal of members; offices.
There shall be is a state board of education, to be known as
the West Virginia board of education, which shall be is a
corporation and as such may contract and be contracted with, plead
and be impleaded, sue and be sued, and have and use a common seal.
The state board shall consist consists of twelve members, of whom
one shall be is the state superintendent of schools, ex officio;
one of whom shall be is the chancellor of the board of trustees
higher education policy commission, ex officio; and one of whom
shall be is the chancellor of the board of directors West Virginia
council for community and technical college education, ex officio,
none of whom shall be is entitled to vote. The other nine members
shall be are citizens of the state, appointed by the governor, by
and with the advice and consent of the Senate, for overlapping
terms of nine years. except that the original appointments shall
be for terms of one, two, three, four, five, six, seven, eight and
nine years, respectively. Terms of office shall begin on the fifth
day of November of the appropriate year and end on the fourth day
of November of the appropriate year. At least two, but not more
than three, members shall be are appointed from each congressional
district.
No more than five of the appointive members shall may belong
to the same political party, and no person shall be is eligible for
appointment to membership on the state board who is a member of any
political party executive committee or holds any other public office or public employment under the federal government or under
the government of this state or any of its political subdivisions,
or who is an appointee or employee of the board. Members shall be
are eligible for reappointment. Any vacancy on the board shall be
filled by the governor by appointment for the unexpired term.
Notwithstanding the provisions of section four, article six,
chapter six of this code, no a member of the state board 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 by the governor of
state elective officers.
Before exercising any authority or performing any duties as a
member of the state 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, the
certificate whereof shall be filed with the secretary of state. A
suitable office in the state department of education at the state
capitol shall be provided for the use of use by the state board.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1a. Goals for post-secondary education.
(a) Findings. -- The Legislature finds that post-secondary
education is vital to the future of West Virginia. For the state
to realize its considerable potential in the twenty-first century, it must have a system for the delivery of post-secondary education
which is competitive in the changing national and global
environment, is affordable within the fiscal constraints of the
state and for the state's residents to participate and has the
capacity to deliver the programs and services necessary to meet
regional and statewide needs.
(1) West Virginia leads a national trend toward an aging
population wherein a declining percentage of working-age adults
will be expected to support a growing percentage of retirees.
Public school enrollments statewide have declined and will continue
to do so for the foreseeable future with a few notable exceptions
in growing areas of the state. As the state works to expand and
diversify its economy, it is vitally important that young people
entering the work force from our education systems have the
knowledge and skills to succeed in the economy of the twenty-first
century. It is equally important, however, that working-age adults
who are the large majority of the current and potential work force
also possess the requisite knowledge and skills and the ability to
continue learning throughout their lifetimes. The reality for West
Virginia is that its future rests not only on how well its youth
are educated, but also on how well it educates its entire
population of any age.
(2) Post-secondary education is changing throughout the
nation. Place-bound adults, employers and communities are demanding education and student services that are accessible at any
time, at any place and at any pace. Institutions are seizing the
opportunity to provide academic content and support services on a
global scale by designing new courseware, increasing information
technology-based delivery, increasing access to library and other
information resources and developing new methods to assess student
competency rather than "seat time" as the basis for recognizing
learning, allocating resources and ensuring accountability. In
this changing environment, the state must take into account the
continuing decline in the public school-age population, the limits
of its fiscal resources and the imperative need to serve the
educational needs of working-age adults. West Virginia cannot
afford to finance quality higher education systems that aspire to
offer a full array of programs while competing among themselves for
a dwindling pool of traditional applicants. The competitive
position of the state and its institutions will depend
fundamentally on its capacity to reinforce the quality and
differentiation of its institutions through policies that encourage
focus and collaboration.
(3) The current accountability system is exceptionally
complicated and largely defines accountability in terms of
institutional procedures. It also is not The accountability
system in West Virginia must be well equipped to address
cross-cutting issues such as regional economic and work force development, community and technical college services,
collaboration with the public schools to improve quality and
student participation rates, access to graduate education and other
broad issues of state interest. Severe fiscal constraints require
West Virginia to make maximum use of existing assets to meet new
demands. New investments must be targeted to those initiatives
designed to enhance and reorient existing capacity, provide
incentives for collaboration and focus on the new demands. It must
have a single accountability point for developing, building
consensus around and sustaining attention to the public policy
agenda and for allocating resources consistent with this policy
agenda.
(4) The state should make the best use of the expertise that
private institutions of higher education can offer and recognize
the importance of their contributions to the economic, social and
cultural well-being of their communities.
(5) The system of public higher education should be open and
accessible to all persons, including persons with disabilities and
other persons with special needs.
(b) Compact with higher education. -- In pursuance of these
findings, it is the intent of the Legislature to engage higher
education in a statewide compact for the future of West Virginia,
as provided in article one-a of this chapter, that focuses on a
public policy agenda that includes, but is not limited to, the following:
(1) Diversifying and expanding the economy of the state;
(2) Increasing the competitiveness of the state's work force
and the availability of professional expertise by increasing the
number of college degrees produced to the level of the national
average and significantly improving the level of adult functional
literacy; and
(3) Creating a system of higher education that is equipped to
succeed at producing these results.
(c) Elements of the compact with higher education. -- It is
the intent of the Legislature that the compact with higher
education include the following elements:
(1) A step-by-step process, as provided in articles one-b and
three-c of this chapter, which will enable the state to achieve its
public policy agenda through a system of higher education equipped
to assist in producing the needed results. This process includes,
but is not limited to, separate institutional compacts with state
institutions of higher education that describe changes in
institutional missions in the areas of research, graduate
education, admission standards, community and technical college
education and geographical areas of responsibility to accomplish
the following:
(A) A capacity within higher education to conduct research to
enhance West Virginia in the eyes of the larger economic and educational community and to provide a basis for West Virginia's
improved capacity to compete in the new economy through research
oriented to state needs;
(B) Access to stable and continuing graduate-level programs in
every region of the state, particularly in teacher education
related to teaching within a subject area to improve teacher
quality;
(C) Universities, and colleges and community and technical
colleges that have focused missions, their own individual points of
distinction and quality and strong links with the educational,
economic and social revitalization of their regions and the state
of West Virginia;
(D) Greater access and capacity to deliver technical
education, work force development and other higher education
services to place-bound adults, thus improving the general levels
of post-secondary educational attainment and literacy;
(E) Independently accredited community and technical colleges
in every region of the state to the extent possible that:
(i) Assess regional needs;
(ii) Ensure access to comprehensive community and technical
college and work force development services within each of their
respective regions;
(iii) Convene and act serve as a catalyst for local action in
collaboration with regional leaders, employers and other educational institutions;
(iv) Provide and, as necessary, broker educational services;
(v) Provide necessary student services;
(vi) Fulfill such other aspects of the community and technical
college mission and general provisions for community and technical
colleges as provided for in article three-c of this chapter; and
(vii) Make maximum Maximize use of existing infrastructure and
resources within their regions to increase access, including, but
not limited to, vocational technical centers, schools, libraries,
industrial parks and work sites.
(2) Providing additional resources, subject to availability
and appropriation by the Legislature, as provided in article one-a
of this chapter, to make the state institutions of higher education
more competitive with their peers, to assist them in accomplishing
the elements of the public policy agenda and to ensure the
continuity of academic programs and services to students.
(3) Establishing a process for the allocation of additional
resources which focuses on achieving the elements of the public
policy agenda and streamlines accountability for the step-by-step
progress toward achieving these elements within a reasonable time
frame as provided in article one-a of this chapter.
(4) Providing additional flexibility to the state institutions
of higher education by making permanent the exceptions granted to
higher education relating to travel rules and vehicles pursuant to sections forty-eight through fifty-three, inclusive, article three,
chapter five-a of this code and section eleven, article three,
chapter twelve of this code.
(5) Revising the higher education governance structure to make
it more responsive to state and regional needs.
(d) General goals for post-secondary education. -- In
pursuance of the findings and the development of institutional
compacts with higher education for the future of West Virginia
pursuant to article one-a of this chapter, it is the intent of the
Legislature to establish general goals for post-secondary education
and to have the commission and council report the progress toward
achieving these goals in the higher education report card required
pursuant to section eight, article one-b of this chapter and, where
applicable, have the goals made a part of the institutional
compacts. The Legislature establishes the general goals as
follows:
(1) The overall focus of education is on a lifelong process
which is to be as seamless as possible at all levels and is to
encourage citizens of all ages to increase their knowledge and
skills. Efforts in pursuit of this goal include, but are not
limited to, the following:
(A) Collaboration, coordination and interaction between public
and post-secondary education to:
(i) Improve the quality of public education, particularly with respect to ensuring that the needs of public schools for teachers
and administrators is are met;
(ii) Inform public school students, their parents and teachers
of the academic preparation that students need to be prepared
adequately to succeed in their selected fields of study and career
plans, including academic career fairs; and
(iii) Improve instructional programs in the public schools so
that the students enrolling in post-secondary education are
adequately prepared;
(B) Collaboration, coordination and interaction between among
public and post-secondary education, the governor's council on
literacy and the governor's work force investment office to promote
the effective and efficient utilization of work force investment
and other funds to:
(i) Provide to individuals and employers greatly improved
access to information and services for individuals and employers on
education and training programs, financial assistance, labor
markets and job placement;
(ii) Increase awareness among the state's citizens of the
opportunities available to them to improve their basic literacy,
work force and post-secondary skills and credentials; and
(iii) Help improve their Improve citizens' motivation to take
advantage of available opportunities by making the system more
seamless and user friendly;
(C) Collaboration, coordination and interaction between public
and post-secondary education on the development of seamless
curriculum in technical preparation programs of study between the
secondary and post-secondary levels; and
(D) Opportunities for advanced high school students to obtain
college credit prior to high school graduation.
(2) The number of degrees produced per capita by West Virginia
institutions of higher education is at the national average.
Efforts in pursuit of this goal include, but are not limited to,
the following:
(A) Collaboration, coordination and interaction between public
and post-secondary education, the governor's council on literacy
and the governor's work force investment office to promote to
individuals of all ages the benefits of increased post-secondary
educational attainment;
(B) Assistance in overcoming the financial barriers to
post-secondary education for both traditional and nontraditional
students;
(C) An environment within post-secondary education that is
student-friendly and that encourages and assists students in the
completion of degree requirements within a reasonable time frame.
The environment also should expand participation for the
increasingly diverse student population;
(D) A spirit of entrepreneurship and flexibility within post-secondary education that is responsive to the needs of the
current work force and other nontraditional students for upgrading
and retraining college-level skills; and
(E) The expanded use of technology for instructional delivery
and distance learning.
(3) All West Virginians, whether traditional or nontraditional
students, displaced workers or those currently employed, have
access to post-secondary educational opportunities through their
community and technical colleges, colleges and universities which:
(i) Are relevant and affordable;
(ii) Allow them to gain transferrable credits and associate or
higher level degrees;
(iii) Provide quality technical education and skill training;
and
(iv) Are responsive to business, industry, labor and community
needs.
(4) State institutions of higher education prepare students to
practice good citizenship and to compete in a global economy in
which good jobs require an advanced level of education and skill
which far surpasses former requirements. Efforts in pursuit of
this goal include, but are not limited to, the following:
(A) The development of entrepreneurial skills through programs
such as the rural entrepreneurship through action learning (REAL)
program, which include practical experience in market analysis, business plan development and operations;
(B) Elements of citizenship development are included across
the curriculum in core areas, including practical applications such
as community service, civic involvement and participation in
charitable organizations and in the many opportunities for the
responsible exercise of citizenship that higher education
institutions provide;
(C) Students are provided opportunities for internships,
externships, work study and other methods to increase their
knowledge and skills through practical application in a work
environment;
(D) College graduates meet or exceed national and
international standards for skill levels in reading, oral and
written communications, mathematics, critical thinking, science and
technology, research and human relations;
(E) College graduates meet or exceed national and
international standards for performance in their fields through
national accreditation of programs and through outcomes assessment
of graduates; and
(F) Admission and exit standards for students, professional
staff development, program assessment and evaluation and other
incentives are used to improve teaching and learning.
(5) State institutions of higher education exceed peer
institutions in other states in measures of institutional productivity and administrative efficiency. Efforts in pursuit of
this goal include, but are not limited to:
(A) The establishment of systematic ongoing mechanisms for
each state institution of higher education to set goals, to measure
the extent to which those goals are met and to use the results of
quantitative evaluation processes to improve institutional
effectiveness;
(B) The combination and use of resources, technology and
faculty to their maximum potential in a way that makes West
Virginia higher education more productive than its peer
institutions in other states while maintaining educational quality;
and
(C) The use of systemic program review to determine how much
duplication is necessary to maintain geographic access and to
eliminate unnecessary duplication.
(6) Post-secondary education enhances state efforts to
diversify and expand the economy of the state. Efforts in pursuit
of this goal include, but are not limited to, the following:
(A) The focus of resources on programs and courses which offer
the greatest opportunities for students and the greatest
opportunity for job creation and retention in the state;
(B) The focus of resources on programs supportive of West
Virginia employment opportunities and the emerging high-technology
industries;
(C) Closer linkages among higher education and business,
labor, government and community and economic development
organizations; and
(D) Clarification of institutional missions and shifting of
resources to programs which meet the current and future work force
needs of the state.
(7) Faculty and administrators are compensated on a
competitive level at a level competitive with peer institutions to
attract and keep quality personnel at state institutions of higher
education.
(8) The tuition and fee levels for in-state students are
competitive with those of peer institutions and the tuition and fee
levels for out-of-state students are set at a level which at the
least covers the full cost of instruction.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meaning hereinafter ascribed to
them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand five,
"regional campus" means West Virginia university at Parkersburg and
West Virginia university institute of technology.
(b)"Governing boards" or "boards" means the institutional
boards of governors created pursuant to subsection (b), section one,
article two-a of this chapter;
(c) "Freestanding community and technical colleges" means
southern West Virginia community and technical college, West
Virginia northern community and technical college and eastern West
Virginia community and technical college which shall may not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) "Community college" or "community colleges" means community
and technical college or colleges as those terms are defined in this
section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges and
other state institutions of higher education which have defined
community and technical college responsibility districts and
programs in accordance with the provisions of sections four and six,
article three-c of this chapter deliver community and technical
college education. This definition includes southern West Virginia
community and technical college, West Virginia northern community
and technical college, eastern West Virginia community and technical
college, New River community and technical college, West Virginia
university at Parkersburg, the community and technical college at
West Virginia university institute of technology, the community and
technical college of Shepherd, Fairmont state community and
technical college, Marshall community and technical college and West
Virginia state community and technical college;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in article
three-c of this chapter;
(g) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(h) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Higher education policy commission", "policy commission"
or "commission" means the commission created pursuant to section
one, article one-b of this chapter;
(j) "Chancellor for higher education" means the chief executive
officer of the higher education policy commission employed pursuant
to section five, article one-b of this chapter;
(k) "Chancellor for community and technical college education"
means the chief executive officer of the West Virginia council for
community and technical college education employed pursuant to
section three, article two-b of this chapter;
_______________(l) "Chancellor" means the chancellor for higher education
where the context refers to a function of the higher education
policy commission. "Chancellor" means chancellor for community and
technical college education where the context refers to a function of the West Virginia council for community and technical college
education;
_______________(k) (m) "Institutional operating budget" or "operating budget"
means for any fiscal year means an institution's total unrestricted
education and general funding from all sources in a 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;
(l) (n) "Post-secondary vocational "Community and technical
college education program" means any college-level course or program
beyond the high school level provided through an a public
institution of higher education under the jurisdiction of a
governing board which results resulting in or which may result in
the awarding of 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
work force 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;
_______________(m) (o) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(n) (p) For the purposes of this chapter and chapter eighteen-c
of this code "senior administrator" means the vice chancellor for
administration employed by the chancellor by the commission with the
advice and consent of the council in accordance with section two,
article four of this chapter. The vice chancellor for
administration shall assume all the powers and duties that are
assigned by law to the senior administrator;
(o) (q) "State college" means Bluefield state college, Concord
college, Fairmont state college, Glenville state college, Shepherd
college, West Liberty state college or West Virginia state college;
(p) (r) "State institution of higher education" means any
university, college or community and technical college under the
direct or indirect jurisdiction of a governing board as that term
is defined in this section;
(q) (s) "Regional Until the first day of July, two thousand
five, "regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university and
West Virginia university institute of technology;
(r) (t) The advisory board previously appointed for the West
Virginia graduate college shall be is known as the "board of
visitors" and shall provide guidance to the Marshall university
graduate college;
(s) (u) "Institutional compact" means a the compact between the
commission or council and a state institution of higher education
and the commission under its jurisdiction, as described in section
two, article one-a of this chapter;
(t) (v) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison purposes
and selected by the commission pursuant to section three, article
one-a of this chapter;
(u) (w) "Administratively linked community and technical
college" means a community and technical college created pursuant
to section eight, article three-c of this chapter;
(v) (x) "Sponsoring institution" means the 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;
(w) (y) "Collaboration" means entering into an agreement with
one or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(x) (z) "Broker" or the act of "brokering" means serving as an
agent on behalf of students, employers, communities or
responsibility areas to obtain education services not offered by a
sponsoring at that institution. These services include courses,
degree programs or other services contracted through an agreement
with a provider of education services either in-state or out-of-state; and
(y) "Joint commission for vocational-technical-occupational
education" or "joint commission" means the commission established
pursuant to article three-a of this chapter.
(aa) "Council" means the West Virginia council for community
and technical college education created pursuant to article two-b
of this chapter.
§18B-1-3. Transfer of powers, duties, property, obligations, etc.
(a) All powers, duties and authorities transferred to the board
of regents pursuant to former provisions of chapter eighteen of this
code and transferred to the board of trustees and board of directors
which were created as the governing boards pursuant to the former
provisions of this chapter and all powers, duties and authorities
of the board of trustees and board of directors, to the extent they
are in effect on the seventeenth day of June, two thousand, are
hereby transferred to the interim governing board created in article
one-c of this chapter and shall be exercised and performed by the
interim governing board until the first day of July, two thousand
one, as such powers, duties and authorities may apply to the
institutions under its jurisdiction.
(b) Title to all property previously transferred to or vested
in the board of trustees and the board of directors and property
vested in either of the boards separately, formerly existing under
the provisions of this chapter, are hereby transferred to the interim governing board created in article one-c of this chapter
until the first day of July, two thousand one. Property transferred
to or vested in the board of trustees and board of directors shall
include:
(1) All property vested in the board of governors of West
Virginia university and transferred to and vested in the West
Virginia board of regents;
(2) All property acquired in the name of the state board of
control or the West Virginia board of education and used by or for
the state colleges and universities and transferred to and vested
in the West Virginia board of regents;
(3) All property acquired in the name of the state commission
on higher education and transferred to and vested in the West
Virginia board of regents; and
(4) All property acquired in the name of the board of regents
and transferred to and vested in the respective board of trustees
and board of directors.
(c) Each valid agreement and obligation previously transferred
to or vested in the board of trustees and board of directors
formerly existing under the provisions of this chapter is hereby
transferred to the interim governing board until the first day of
July, two thousand one, as those agreements and obligations may
apply to the institutions under its jurisdiction. Valid agreements
and obligations transferred to the board of trustees and board of directors shall include:
(1) Each valid agreement and obligation of the board of
governors of West Virginia university transferred to and deemed the
agreement and obligation of the West Virginia board of regents;
(2) Each valid agreement and obligation of the state board of
education with respect to the state colleges and universities
transferred to and deemed the agreement and obligation of the West
Virginia board of regents;
(3) Each valid agreement and obligation of the state commission
on higher education transferred to and deemed the agreement and
obligation of the West Virginia board of regents; and
(4) Each valid agreement and obligation of the board of regents
transferred to and deemed the agreement and obligation of the
respective board of trustees and board of directors.
(d) All orders, resolutions and rules adopted or promulgated
by the respective board of trustees and board of directors and in
effect immediately prior to the first day of July, two thousand, are
hereby transferred to the interim governing board until the first
day of July, two thousand one, and shall continue in effect and
shall be deemed the orders, resolutions and rules of the interim
governing board until rescinded, revised, altered or amended by the
commission or the governing boards in the manner and to the extent
authorized and permitted by law. Such orders, resolutions and rules
shall include:
(1) Those adopted or promulgated by the board of governors of
West Virginia university and in effect immediately prior to the
first day of July, one thousand nine hundred sixty-nine, unless and
until rescinded, revised, altered or amended by the board of regents
in the manner and to the extent authorized and permitted by law;
(2) Those respecting state colleges and universities adopted
or promulgated by the West Virginia board of education and in effect
immediately prior to the first day of July, one thousand nine
hundred sixty-nine, unless and until rescinded, revised, altered or
amended by the board of regents in the manner and to the extent
authorized and permitted by law;
(3) Those adopted or promulgated by the state commission on
higher education and in effect immediately prior to the first day
of July, one thousand nine hundred sixty-nine, unless and until
rescinded, revised, altered or amended by the board of regents in
the manner and to the extent authorized and permitted by law; and
(4) Those adopted or promulgated by the board of regents prior
to the first day of July, one thousand nine hundred eighty-nine,
unless and until rescinded, revised, altered or amended by the
respective board of trustees or board of directors in the manner and
to the extent authorized and permitted by law.
(e) Title to all real property transferred to or vested in the
interim governing board pursuant to this section of the code is
hereby transferred to the commission effective the first day of July, two thousand one. The board of governors for each institution
may request that the commission transfer title to the board of
governors of any real property specifically identifiable with that
institution or the commission may initiate the transfer. Any such
request must be made within two years of the effective date of this
section and be accompanied by an adequate legal description of the
property.
The title to any real property that is jointly utilized by
institutions or for statewide programs under the jurisdiction of the
commission shall be retained by the commission.
(f) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the interim governing
board or the previous governing boards on behalf of an institution
is hereby transferred to the board of governors of that institution
effective the first day of July, two thousand one.
(g) Each valid agreement and obligation previously transferred
or vested in the interim governing board and which was undertaken
or agreed to on behalf of an institution or institutions is hereby
transferred to the board of governors of the institution or
institutions for whose benefit the agreement was entered into or the
obligation undertaken effective the first day of July, two thousand
one.
(1) The obligations contained in revenue bonds issued by the
previous governing boards under the provisions of section eight, article ten of this chapter and article twelve-b, chapter eighteen
of this code are hereby transferred to the commission and each
institution shall transfer to the commission those funds the
commission determines are necessary to pay that institution's share
of bonded indebtedness.
(2) The obligations contained in revenue bonds issued on behalf
of a state institution of higher education pursuant to any other
section of this code is hereby transferred to the board of governors
of the institution on whose behalf the bonds were issued.
(h) All orders, resolutions, policies and rules:
(1) Adopted or promulgated by the respective board of trustees,
board of directors or interim governing board and in effect
immediately prior to the first day of July, two thousand one, are
hereby transferred to the commission effective the first day of
July, two thousand one, and shall continue in effect until
rescinded, revised, altered, or amended or transferred to the
governing boards by the commission as set out provided in this
section and in section six of this article.
__(2) Adopted or promulgated by the commission relating solely
to community and technical colleges or community and technical
college education, or rules which the council finds necessary for
the exercise of its lawful powers and duties pursuant to the
provisions of this chapter, may be adopted by the council, and
continue in effect until rescinded, revised, altered, amended or transferred to the governing boards under the jurisdiction of the
council pursuant to section six of this article. Nothing in this
section requires the initial rules of the commission that are
adopted by the council to be promulgated again under the procedure
set forth in article three-a, chapter twenty-nine-a of this code
unless such rules are rescinded, revised, altered or amended
.
__(3) Adopted or promulgated by the commission relating to
multiple types of public institutions of higher education or
community and technical college education as well as baccalaureate
and post-baccalaureate education are transferred to the council in
part as follows:
__(A) That portion of the rule relating solely to community and
technical colleges or community and technical college education is
transferred to the council and continues in effect until rescinded,
revised, altered, amended or transferred to the governing boards by
the council as provided in this section and in section six of this
article;
__(B) That portion of the rule relating to institutions or
education other than community and technical colleges is retained
by the commission and continues in effect until rescinded, revised,
altered, amended or transferred to the governing boards by the
commission as provided in this section and in section six of this
article.
(i) The commission may, in its sole discretion, transfer any rule, other than a legislative rule, to the jurisdiction of the
governing boards of the institutions under its jurisdiction who may
rescind, revise, alter or amend any rule so transferred pursuant to
rules adopted by the commission pursuant to section six, article one
of this chapter.
The council may, in its sole discretion, transfer any rule,
other than a legislative rule, to the jurisdiction of the governing
boards of the institutions under its jurisdiction who may rescind,
revise, alter or amend any rule so transferred pursuant to rules
adopted by the council pursuant to section six, article one of this
chapter
.
(j) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question, the matter shall be summarized in
writing and sent to the commission which shall make a determination
regarding such matter within thirty days of receipt thereof.
(k) Rules or provisions of law which refer to other provisions
of law which were repealed, rendered inoperative or superseded by
the provisions of this section shall remain in full force and effect
to such extent as may still be applicable to higher education and
may be so interpreted. Such references include, but are not limited
to, references to sections and prior enactments of article
twenty-six, chapter eighteen of this code and code provisions
relating to retirement, health insurance, grievance procedures, purchasing, student loans and savings plans. Any determination
which needs to be made regarding applicability of any provision of
law shall first be made by the commission.
§18B-1-6. Rulemaking.
(a) Effective the first day of July, two thousand one The
commission is hereby empowered to promulgate, adopt, amend or repeal
rules, in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code, subject to the provisions of sections
three of this article.
(b) The council is hereby empowered to promulgate, adopt, amend
or repeal rules, in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code and subject to the
provisions of section three of this article. This grant of
rulemaking power extends only to those areas over which the council
has been granted specific authority and jurisdiction by law.
__(b) (c) The commission and council each shall promulgate a rule
to guide the development and approval of rules, guidelines and other
policy statements made by the their respective governing boards.
The rule rules promulgated by the commission and council shall
include, but is are not limited to, the following provisions:
(1) A procedure to ensure that public notice is given and that
the right of interested parties to have a fair and adequate
opportunity to respond is protected;
(2) Designation of a single location where all proposed and approved rules, guidelines and other policy statements can be
accessed by the public;
(3) A procedure to maximize internet access to all proposed and
approved rules, guidelines and other policy statements to the extent
technically and financially feasible.
(c) (d) On and after the effective date of this section, and
notwithstanding any other provision of this code to the contrary,
no any rule heretofore required by law to be promulgated as a
legislative rule prior to the first day of July, two thousand one,
may not be considered to be a legislative rule for the purposes of
article three-a, chapter twenty-nine-a of this code, except for the
following:
(1) The legislative rule required by subsection (c), section
eight of this article;
(2) The legislative rule required by section eight-a of this
article;
(3) The legislative rule required by section two, article one-a
of this chapter;
(4) The legislative rule required by section four, article
one-b of this chapter;
(5) The legislative rule required by section one, article
three, chapter eighteen-c of this code;
(6) The legislative rule required by section one, article four,
chapter eighteen-c of this code;
(7) The legislative rule required by section seven, article
five, chapter eighteen-c of this code; and
(8) The legislative rule required by section one, article six,
chapter eighteen-c of this code.
(d) On or after the effective date of this section and before
the first day of October, two thousand one, notwithstanding any
other provision of this code to the contrary, any rule heretofore
promulgated as a legislative rule which was not required
specifically by law to be promulgated as a legislative rule, or any
rule previously required to be a legislative rule by statute but
reclassified by subsection (c) of this section, may be reclassified
by the commission either as an interpretive rule or as a procedural
rule. The commission shall notify in writing the legislative
oversight commission on education accountability of such
reclassification and shall file such notice with the office of the
secretary of state to be published in the state register.
(e) Nothing in this section may be construed to require
requires that any rule reclassified or transferred under this
section be promulgated again under the procedures set out in article
three-a, chapter twenty-nine-a of this code unless the rule is
amended or modified.
(f) The commission shall cause a copy of and council each shall
file with the legislative oversight commission on education
accountability any rule it proposes to promulgate, adopt, amend or repeal under the authority of this article. to be filed with the
legislative oversight commission on education accountability created
in said article three-a, chapter twenty-nine-a of this code
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST
VIRGINIA.
§18B-1A-2. Institutional compacts with state institutions of
higher education; establishment and review process.
(a) Each institution of higher education state college and
university shall prepare an institutional compact for submission to
the commission. Each community and technical college shall prepare
an institutional compact for submission to the council. When the
process herein provided is completed, the institutional compacts
shall form the agreements between the institutions of higher
education and the commission or council, respectively, and,
ultimately, between the institutions of higher education and the
people of West Virginia on how the institutions will use their
resources to address the intent of the Legislature and the goals set
forth in section one-a, article one of this chapter. The compacts
shall contain the following:
(1) A step-by-step process to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter as organized by the commission and council. The
step-by-step process shall be delineated by objectives and shall set
forth a time line for achieving the objectives which shall, where applicable, include benchmarks to measure institutional progress as
defined in subsection (e) of this section.
(2) A determination of the mission of the institution which
specifically addresses changes, as applicable, in the areas of
research, graduate education, baccalaureate education, revised
admission requirements, community and technical colleges and such
other areas as the commission or council determines appropriate.
In the determination of mission, the institutions and the commission
or council shall consider the report completed by the national
center for higher education management systems pursuant to the
legislative study as provided in section seven, article three of
this chapter;
(3) A plan which is calculated to make any changes in
institutional mission and structure within a six-year period;
(4) A statement of the geographic areas of responsibility,
where applicable, for each goal to be accomplished as provided in
subsection (d) of this section;
(5) A detailed statement of how the compact is aligned with and
will be implemented in conjunction with the master plan of the
institution;
(6) Such other items, requirements or initiatives, required by
the commission or council, designed to accomplish the intent of the
Legislature and the goals set forth in section one-a, article one
of this chapter or other public policy goals established by the commission or council.
(b) Each institutional compact shall be updated annually and
shall follow the same general guidelines contained in subsection (a)
of this section.
(c) Development and updating of the institutional compacts
shall be is subject to the following:
(1) The ultimate responsibility for developing and updating the
institutional compacts at the institutional level resides with the
institutional board of advisors or the board of governors, as
appropriate;
(2) The ultimate responsibility for developing and adopting the
final version of the state college and university institutional
compacts resides with the commission. The ultimate responsibility
for developing and adopting the final version of the community and
technical college institutional compacts resides with the council;
(3) The initial institutional compacts shall be submitted to
the commission by the institutions on or before the first day of
February, two thousand one. The first annual updates shall be
submitted on or before the fifteenth day of November, two thousand
one, and succeeding updates shall be submitted on the fifteenth day
of November of each year thereafter
(3) Each institution shall submit its compact to the commission
or council annually by the fifteenth day of November;
(4) The commission and council shall review the initial institutional compacts and the annual updates and either shall adopt
the institutional each compact of the institutions under their
respective jurisdictions and either adopt the compact or return it
with specific comments for change or improvement. The commission
and council shall continue this process as long as it each considers
advisable;
(5) By the first day of May of each year annually, if the
institutional compact of any institution as presented by that
institution is not adopted by the commission or council, then the
commission or council is empowered and directed to develop and adopt
the institutional compact for the institution and the institution
shall be is bound by the compact so adopted; and
(6) As far as practicable
, the commission and council each
shall as far as practicable, establish uniform processes and forms
for the development and submission of the institutional compacts by
the institutions under their respective jurisdictions. As a part
of this function, the commission and council shall organize the
statements of legislative intent and goals contained in section
one-a, article one of this chapter in a manner that facilitates the
purposes of this subdivision and the purposes of this section.
(d) The commission and council shall assign geographic areas
of responsibility to the state institutions of higher education
under their respective jurisdictions as a part of their
institutional compacts to ensure that all areas of the state are provided necessary programs and services to achieve the public
policy agenda. The benchmarks established in the institutional
compacts shall include measures of programs and services by
geographic area throughout the assigned geographic area of
responsibility.
(e) The compacts shall contain benchmarks used to determine
progress toward meeting the goals established in the compacts. The
benchmarks shall meet the following criteria:
(1) They shall be as objective as possible;
(2) They shall be directly linked to the goals in the compacts;
(3) They shall be measured by the indicators described in
subsection (f) of this section; and
(4) Where applicable, they shall be used to measure progress
in geographic areas of responsibility.
(f) The commission and council each shall establish by
legislative rule indicators which measure the degree to which the
goals and objectives set forth in section one-a, article one of this
chapter are being addressed and met by the institutions under their
respective jurisdictions. The benchmarks established in subsection
(e) of this section shall be measured by the indicators.
(1) The Legislature finds that an emergency exists; and
therefore, the commission shall file as an emergency rule the rule
pertaining to benchmarks and indicators that was filed with the
office of the secretary of state on the twenty-sixth day of December, two thousand. The commission shall file a legislative
rule in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code to replace the emergency rule no later
than the first day of November, two thousand one.
not later than the
first day of October, two thousand four
,
the council shall file
as
an emergency rule a legislative rule pertaining to benchmarks and
indicators in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code
. The rule pertaining to
benchmarks and indicators in effect for the commission at the time
of the effective date of this section remains in effect for the
institutions under its jurisdiction.
(2) The legislative rule rules shall set forth at the least the
following as pertains to all state institutions of higher education:
(A) The indicators to be used to measure the degree to which
the goals and objectives are being met;
(B) Uniform definitions for the various data elements to be
used in establishing the indicators;
(C) Guidelines for the collection and reporting of data; and
(D) Sufficient detail within the benchmarks and indicators to:
(i) Provide measurable evidence that the pursuits of the
institution are targeting the educational needs of the citizens of
the state and the components of the compacts and master plans;
(ii) Delineate the goals and benchmarks for an institution so
that the commission or council can precisely measure the degree to which progress is being made toward achieving the goals for
post-secondary education provided in section one-a, article one of
this chapter; and
(iii) Distinctly identify specific goals within the master plan
or compact of an institution that are not being met or toward which
sufficient progress is not being made.
(3) In addition to any other requirement, the legislative rule
established by the council shall set forth at the least the
following as pertains to community and technical college education:
(A) Benchmarks and indicators which are targeted to identify:
(i) The degree to which progress is being made by institutions
toward meeting the goals for post-secondary education and the
essential conditions provided in section three, article three-c of
this chapter;
(ii) Information and data necessary to be considered by the
policy commission council in making the determination required by
section three, article two-c of this chapter;
(iii) The degree to which progress is being made in the areas
considered by the commission council for the purpose of making the
determination required by section three, article two-c of this
chapter; and
(B) Sufficient detail within the benchmarks and indicators to
provide clear evidence to support an objective determination by the
commission council that an institution's progress toward achieving the goals for post-secondary education and the essential conditions
is so deficient that implementation of the provisions of section
four, article two-c of this chapter is warranted and necessary.
(g) The commission or the council, as appropriate, shall
approve the master plans developed by the boards of governors and
the institutional boards of advisors pursuant to subsection (b),
section four, article two-a of this chapter and or subsection (k)
(m), section one, article six of this chapter, as appropriate.
§18B-1A-3. Peer institutions.
(a) The commission shall select not fewer than ten peer
institutions for each state institution of higher education in West
Virginia, including, but not limited to, independently accredited
community and technical colleges.
(b) When selecting peers, the commission shall abide by the
following conditions:
__(1) The peer institutions shall be selected from among
institutions throughout the United States and not solely from the
states that are members of the southern regional education board.
(2) The peer institutions for community and technical colleges
shall be selected in collaboration with the council.
__(c) (3) The peer institutions, as selected by the commission,
shall be used as benchmarks for comparison purposes only and are not
intended to reflect funding goals for West Virginia institutions of
higher education. Such a use is inappropriate since institutions selected as peers for a state institution may be located in an area
of high per capita income or have their funding subject to other
factors that make its use unrealistic for setting funding goals in
West Virginia. The peer institutions shall be used for comparison
in the following areas:
(1) (A) To determine adjustments to base operating budgets as
described in section five of this article;
(2) (B) To determine comparable levels of tuition;
(3) (C) To determine comparable faculty and staff teaching
requirements and other workloads; and
(4) (D) For such other purposes as the law may require or the
commission may find useful or necessary.
(d) (4) The commission shall contract with a national,
independent education consulting firm to assist in the unbiased
selection of peer institutions for each West Virginia institution.
(5) The commission shall select peer institutions for each
institution through an open, deliberative, objective process and in
consultation with the institutional boards of governors or boards
of advisors, as appropriate, intended to achieve broad understanding
of the basis for this selection in the higher education community
and the Legislature.
(6) Final peer selection is subject to the approval of the
legislative oversight commission on education accountability.
(7) In selecting peer institutions, the commission shall use criteria such as, but not limited to:
(1) (A) Institutional mission;
(2) (B) Institutional size related to full-time equivalent
students;
(3) (C) The proportions of full-time and part-time students;
(4) (D) The level of academic programs, including, but not
limited to, number of degrees granted at the associate,
baccalaureate, masters, doctoral and first-professional level;
(5) (E) The characteristics of academic programs such as health
sciences, professional, technical or liberal arts and sciences; and
(6) (F) The level of research funding from federal competitive
funding sources.
(e) (8) Subject to the approval of the legislative oversight
commission on education accountability, the commission shall review
and make necessary adjustments to peer institutions at least every
six years or as necessary based on changes in institutional missions
as approved in institutional compacts or in changes at peer
institutions. The commission shall review and make adjustments to
peer institutions for community and technical colleges in
collaboration with the council.
__(f) (9) Nothing herein may be construed to prevent prevents the
commission from using the same peers or peer groups for more than
one institution of higher education.
§18B-1A-4. Legislative financing goals.
(a) The Legislature recognizes that the higher education goals
set forth in section one-a, article one of this chapter are of
utmost importance. The Legislature further recognizes that meeting
the goals may require the appropriation of funds above the current
operating budgets of the institutions.
(b) It is, therefore, the desire of the Legislature to increase
funding annually for higher education at a rate not less than the
annual percentage increase in the overall general revenue budget.
(c) If the commission or council, or both, determines that
appropriations are insufficient to fund the requirements of the
institutional compacts under its jurisdiction, the commission or
council first shall consider extending the length of the compacts
or otherwise modifying the compacts to allow the institutions to
achieve the benchmarks in the compacts. If modifications to the
institutional compacts are not sufficient to allow the institutions
to meet their benchmarks, the commission or council, or both, shall
recommend to the Legislature methods of making the higher education
system more efficient. The methods may include, but are not limited
to, the following:
(1) Administrative efficiencies;
(2) Consolidation of services;
(3) Elimination of programs;
(4) Consolidating institutions; and
(5) Closing institutions.
§18B-1A-5. Financing; institutional operating budgets, additional
funding.
(a) Budget request and appropriations. -- The commission
council each has the responsibility
to develop a budget for the
state system of higher education under its respective jurisdiction.
and submit The commission submits a the budget request for higher
education, including the budget request as developed by the council,
to the governor before the first day of September beginning in two
thousand, and for each fiscal year thereafter each year
. The The
budget request of the commission and the council specifically shall
include the amount of the institutional operating budgets, as
defined in section two, article one of this chapter, required for
all state institutions of higher education under its jurisdiction.
The budget appropriation for the state system systems of higher
education under this chapter and other provisions of the law shall
consist of separate control accounts or institutional control
accounts, or some combination of such accounts, for appropriation
of institutional operating budgets and other funds. The commission
and council each is responsible for allocating state appropriations
to supplement institutional operating budgets in accordance with
this section. In addition to the institutional operating budget and
incentive funding, however, the commission and council each is
responsible for allocating funds that are appropriated to it for
other purposes. Provided, That in In order to determine institutional allocations, it is the responsibility of the
institutions and their respective institutional boards of governors
or advisors, as appropriate to provide to the commission or council
documentation on institutional progress toward mission enhancement,
preliminary peer comparison calculations, performance of increased
productivity and academic quality and measurable attainment in
fulfilling state priorities as set forth in this article. The
documentation shall be provided to the commission or council no
later than the first day of October annually. each year for
commission review and verification.
(b) Legislative funding priorities. --
(1) The Legislature recognizes the current resource allocation
funding model has not moved all state institutions equitably towards
comparable peer funding levels. This formula The model has left
West Virginia institutions at a competitive disadvantage to their
national peers.
(2) The Legislature acknowledges that the resource allocation
model used to comply with Enrolled Committee Substitute for Senate
Bill No. 547, passed during the legislative session of one thousand
nine hundred ninety-five, alleviated some of the disparity that
exists among state institutions' operating budgets, but left
significant differences between the institutions and their national
peers.
(3) The Legislature recognizes that a system of independently-accredited community and technical colleges is
essential to the economic vitality of the state.
(4) The Legislature places great importance on achieving the
priority goals outlined in the public policy agenda and believes the
state institutions of higher education should play a vital role in
facilitating the attainment of these goals.
(5) The Legislature also believes it is imperative that the
state make progress on narrowing the peer inequity while balancing
the need for sustaining the quality of our institutions.
(6) It is the charge of the commission and council to allocate
all funds appropriated in excess of the fiscal year two thousand one
general revenue appropriations in alignment with the legislative
funding priorities listed below. The commission and council shall
consider the priorities and assign a percentage of the total
appropriation of new funds to each priority.
(A) Peer equity. -- Funds appropriated for this purpose
increase the level of the institutional operating budget for state
institutions of higher education comparable to their peer
institutions. The allocation shall provide, subject to the
availability of funds and legislative appropriations, for a
systematic adjustment of the institutional operating budgets to move
all institutions' funding in the direction of levels comparable with
their peers. Institutional allocations shall be calculated as
follows:
(i) A calculation shall be made of the deficiency in per
student funding of each institution in comparison with the mean per
student funding of the peer institutions as defined by the
commission pursuant to section three of this article;
(ii) For all institutions that are deficient in comparison with
peer institutions, the amounts of the deficiencies shall be totaled;
(iii) A ratio of the amount of the deficiency for an
institution divided by the total amounts of deficiency for all West
Virginia institutions shall be established for each institution; and
(iv) The allocation to each institution shall be calculated by
multiplying the ratio by the total amount of money in the account;
(B) Independently accredited community and technical colleges
development. -- Funds appropriated for this purpose will ensure a
smooth transition, where required, from "component" community and
technical colleges to independently accredited community and
technical colleges as defined in section two, article one of this
chapter. Appropriations for this purpose are only to be allocated
only to those institutions having approved compacts with the
commission council that expressly include the transition of their
component community colleges to independently accredited status and
have demonstrated measurable progress towards this goal. By the
first day of July, two thousand seven five, or when all required
community and technical colleges are independently accredited,
whichever first occurs, funds for this purpose shall be allocated to the incentives for institutional contributions to state
priorities; Provided, That if the commission determines that
payments from the account to the institutions should continue beyond
the first day of July, two thousand seven, it shall request an
extension from the Legislature;
(C) Research challenge. -- Funds appropriated for this purpose
shall assist public colleges and universities in West Virginia to
compete on a national and international basis by providing
incentives to increase their capacity to compete successfully for
research funding. The Legislature intends for institutions to
collaborate in the development and execution of research projects
to the extent practicable and to target research to the needs of the
state as established in the public policy agenda and linked to the
future competitiveness of this state.
(i) The commission shall develop criteria for awarding grants
to institutions under this account, which may include, but are not
limited to, the following:
(I) Grants to be used to match externally funded, peer-reviewed
research;
(II) Grants to be used to match funds for strategic
institutional investments in faculty and other resources to increase
research capacity;
(III) Grants to support funding for new research centers and
projects that will foster economic development and work force investment within the state. These grants shall be limited to seven
five years and each research center or project funded shall receive
a decreasing award each year and shall be required to be supported
solely by external funding within seven five years;
(ii) The commission may establish an advisory council
consisting of nationally prominent researchers and scientists,
including representatives from outside the state, to assist in
developing the criteria for awarding grants under this account.
(iii) For the purposes of making the distributions from this
account, the commission shall establish the definition for research,
research funds and any other terms as may be necessary to implement
this subdivision; and
(D) Incentives for institutional contributions to state
priorities. -- Funds appropriated for this purpose provide
incentives to institutions which demonstrate success toward
advancing the goals of the public policy agenda as set forth in
section one-a, article one of this chapter and to provide incentives
for mission enhancement as set forth in section two of this article.
(E) Sustained quality support. -- The commission and council
shall provide additional operating funds to institutions under their
respective jurisdictions with approved compacts. The commission and
council shall allocate these funds on an equal percentage basis to
all institutions. Provided, That the The commission or council may
delay distribution of these funds to any institution which does not demonstrate measurable progress towards the goals provided in its
compact with the commission or council.
(c) Allocations to institutional operating budgets. -- For the
purposes of this subsection, the commission and council each shall
establish by rule pursuant to subsection (f), section two of this
article the method for measuring the progress of each institution
towards meeting the benchmarks of its institutional compact.
(d) Allocation of appropriations to the institutions. --
Appropriations in this section shall be allocated to the state
institutions of higher education in the following manner:
(1) For the fiscal year two thousand two, appropriations above
the fiscal year two thousand two institutional operating budget
shall be allocated only to institutions with approved compacts,
pursuant to this article;
(2) For the fiscal year two thousand three, and each fiscal
year thereafter
(1) Each fiscal year appropriations from the funds shall be
allocated only to institutions with which have:
__(A) Approved compacts, pursuant to section two of this article;
and which also have achieved
(B) Achieved their annual benchmarks for accomplishing the
goals of their compacts, as approved by the commission or council.
Provided, That if
(2) If an institution has not achieved all of its annual benchmarks, the commission or council may distribute a portion of
the funds to the institution based on its progress as the commission
or council determines appropriate. Provided, however, That the The
commission and council each shall establish by rule, pursuant to
subsection (f), section two of this article, the method for
measuring the progress of each institution toward meeting the
benchmarks of its institutional compact.
(e) Nothing in this section shall be construed in a manner that
limits the appropriation or collection of fees necessary to
effectuate the operation and purpose of the commission or council.
§18B-1A-6. Graduate education.
(a) Intent. -- It is the intent of the Legislature to address
the need for high quality graduate education programs to be
available throughout the state.
(b) Findings. -- The Legislature makes the following findings:
(1) Since West Virginia ranks below its competitor states in
graduate degree production, particularly in the areas that are
important to the state's competitive position in the new economy of
the twenty-first century, there is a considerable need for greater
access to graduate education, especially at the master's degree
level;
(2) There is a significant disparity in access to part-time
graduate degree programs among the different regions of the state
and part-time graduate enrollments are heavily concentrated in the counties immediately surrounding Marshall university and West
Virginia university;
(3) There is a particular need for increased access to graduate
programs linked directly to the revitalization of the regional
economies of the state; and
(4) There is a particular need for improved quality and
accessibility of pre-service and in-service programs for teachers
in subject matter fields.
(c) In order to meet the need for graduate education, the
commission shall be responsible for accomplishing the following:
(1) Ensuring that West Virginia university and Marshall
university expand access to master's degree programs throughout West
Virginia, with a strong emphasis on collaboration with the
baccalaureate colleges and community and technical colleges in each
region;
(2) Ensuring that any institution providing a master's degree
program under the provisions of this section provides a meaningful,
coherent program by offering courses in such a way that students,
including place-bound adults, have ample opportunity to complete a
degree in a reasonable period of time;
(3) Focusing on providing courses that enhance the professional
skills of teachers in their subject areas; and
(4) Ensuring that programs are offered in the most
cost-effective manner to expand access throughout the region and the state.
(d) Concord college, Fairmont state college, Glenville state
college, Shepherd college, West Liberty state college and West
Virginia state college shall meet the need for graduate education
in their regions by following the procedures outlined below.
(1) The institutions shall develop as graduate centers for
their regions to broker access to graduate programs by contracting
with accredited colleges and universities in and out of the state.
These programs shall be related directly to each region's education
and economic needs.
(2) The institutions may begin collaborative programs with
other institutions leading to the granting of master's degrees in
selected areas that are demonstrated to be related directly to the
needs of their regions and that draw on faculty strengths. An
institution may continue to offer collaborative programs aimed at
meeting the documented needs with the approval of the commission or,
if a sustained need still exists, the institution may move to the
next level.
(3) If the graduate education needs of the region have not been
met through brokering and collaborative programs, the institution
may explore the option of beginning its own graduate-level program
leading to the granting of a master's degree. The institution may
begin its own master's degree program if it can meet the following
conditions as determined by the commission:
(A) Demonstrate that the institution has successfully completed
each of the steps required before exploring development of its own
master's degree program;
(B) Provide evidence based on experience gained in the
brokering and collaborative arrangements that a sustained demand
exists for the program;
(C) Demonstrate that the baccalaureate institution has the
capacity to provide the program;
(D) Demonstrate that the core mission of the baccalaureate
institution will not be impaired by offering the graduate program;
(E) Provide evidence that the graduate program has a reasonable
expectation of being accredited;
(F) Demonstrate that the need documented in subdivision (B) of
this subsection is not currently being met by any other state
institution of higher education; and
(G)
The commission may designate one of the institutions listed
in subsection (d) of this section to develop and implement no more
than four of its own masters level programs as a pilot project:
Provided, That the selected institution shall move toward and
achieve regional accreditation of the masters program within a
reasonable time as determined by the commission. The institution
shall be selected based on the following:
(I) Sufficient credentialed faculty to offer quality programs
in the areas selected;
(II) Sufficient unmet demand for the programs; and
(III) Sustainable unmet demand based on generally accepted
projections for population growth in the region served by the
institution.
The programs authorized by this clause may not be restricted
by the provisions of subdivisions (1), (2) and (3) of this
subsection nor by the provisions of subsection (e) of this section.
(e) There is an urgent need for master's degree programs for
teachers in disciplines or subject areas, such as mathematics,
science, history, literature, foreign languages and the arts.
Currently, master's-level courses in education that are offered in
the regions served by the state universities are primarily in areas
such as guidance and counseling, administration, special education
and other disciplines unrelated to teaching in subject areas. If
this need is not being met in a region through the procedure
established in subsection (d) of this section, then the graduate
center in that region may plan a master's degree program in
education focused on teaching in subject area fields in which the
demand is not being met. No institution may begin a graduate
program under the provisions of this section until the program has
been reviewed and approved by the commission. The commission shall
approve only those programs, as authorized by this subsection, that
emphasize serving the needs of teachers and schools in the colleges'
immediate regions. In determining whether a program should be approved, the commission also shall rely upon the recommendations
of the statewide task force on teacher quality provided for in
section eight, article fourteen of this chapter.
(f) The commission shall review all graduate programs being
offered under the provisions of this section and, using the criteria
established for program startup in subsection (d) of this section,
determine which programs should be discontinued.
(g) At least annually, the governing boards shall evaluate
graduate programs developed pursuant to the provisions of this
section and report to the commission on the following:
(1) The number of programs being offered and the courses
offered within each program;
(2) The disciplines in which programs are being offered;
(3) The locations and times at which courses are offered; (4)
The number of students enrolled in the program; and (5) The
number of students who have obtained master's degrees through each
program.
The governing boards shall provide the commission with any
additional information the commission requests in order to make a
determination on the viability of a program.
(h) In developing any graduate program under the provisions of
this section, institutions shall consider delivering courses at
times and places convenient to adult students who are employed full
time. Institutions shall place an emphasis on extended degree programs, distance learning and off-campus centers which utilize the
cost-effective nature of extending existing university capacity to
serve the state rather than duplicating the core university capacity
and incurring the increased cost of developing master's degree
programs at other institutions throughout the state.
(i) Brokering institutions shall invite proposals from other
public institutions of higher education for service provision prior
to contracting with other institutions: Provided, That if
institutions propose providing graduate programs in service areas
other than in their responsibility district, the institution seeking
to establish a program shall work through the district's lead
institution in providing those services.
(j) In addition to the approval required by the commission,
authorization for any institution to offer a master's degree program
under the provisions of this section is subject to the formal
approval processes established by the governing boards.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-1. Higher education policy commission established;
development of public policy agenda.
There is hereby created the "higher education policy
commission", hereinafter referred to as the "commission". which is
responsible for developing, gaining consensus around and overseeing
the implementation of a public policy agenda
It is the intent of the
Legislature that the commission be responsible to develop, gain consensus around and oversee the public policy agenda for higher
education and other statewide issues pursuant to section one-a,
article one of this chapter under the following conditions:
(a) It is the responsibility of the commission to work
collaboratively with the council to develop and gain consensus
around the public policy agenda for community and technical
colleges;
__(b) It is the responsibility of the council to oversee the
implementation of the public policy agenda for the institutions
under its jurisdiction.
__It is the intent of the Legislature that the commission be and
council jointly are responsible for development and articulation of
the public policy agenda for higher education and other statewide
issues pursuant to section one-a, article one of this chapter.
(c) All matters of governance not specifically assigned to the
commission or council by law are the duty and responsibility of the
governing board or boards.
§18B-1B-2. Composition of commission; terms and qualifications of
members; vacancies; eligibility for reappointment;
oath of office; removal from office.
(a) The commission is comprised of nine ten members, all of
whom are entitled to vote. One is the secretary of education and
the arts, ex officio. One is the state superintendent of schools,
ex officio. One is the chair of the West Virginia council for community and technical college education who is an ex officio,
nonvoting member. Provided, That if the state superintendent of
schools desires not to serve, the state board of education shall
submit to the governor the names of three nominees, which may
include members of the state board of education. The governor shall
select from the nominees a member to serve on the commission. The
three nominees shall be persons who are knowledgeable in the area
of public education policy, are able to represent the state board
of education and who understand and are committed to achieving the
goals and objectives as set forth in the institutional compacts and
in section one-a, article one of this chapter.
(b) The other seven members of the commission shall be are
citizens of the state, appointed by the governor, by and with the
advice and consent of the Senate. Provided, That prior Prior to
appointment, the governor shall interview each candidate to assure
that the person selected understands and is committed to achieving
the goals and objectives as set forth in the institutional compacts
and in section one-a, article one of this chapter. The governor
shall invite the president of the Senate, the speaker of the House
of Delegates, the chairs of the Senate and House of Delegates
committees on finance and education and such other legislative
leaders as the governor may determine to participate in interviewing
potential candidates. Each member appointed to the commission by
the governor shall represent the public interest and shall be committed to the legislative intent and goals set forth in said
section.
(c) The governor may not appoint any person to be a member of
the commission who is an officer, employee or member of the council
or an advisory board of any state college or university; 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 an appointee
or employee of any governing board; or an immediate family member
of any employee under the jurisdiction of the commission, the
council or any governing board. Of the members appointed by the
governor from the public at large, no more than four thereof shall
may belong to the same political party and at least two shall be
appointed from each congressional district.
(d) The governor shall appoint seven members to the commission
on the first day of July, two thousand, or as soon thereafter as is
practicable and the original terms of all members shall commence on
the first day of July, two thousand.
(e)
(d) The terms of the members appointed by the governor
shall be are for overlapping terms of four years. except, of the
original appointments, one shall be appointed to a term of one year,
two shall be appointed to a term of two years, two shall be
appointed to a term of three years and two shall be appointed to a
term of four years. Each subsequent appointment which is not for the purpose of filling a vacancy in an unexpired term shall be for
a term of four years.
(f) (e) The governor shall appoint a member to fill any vacancy
among the seven members of the commission appointed by the governor,
by and with the advice and consent of the Senate. which member
appointed to fill such vacancy shall serve Any member appointed to
fill a vacancy serves for the unexpired term of the vacating member.
The governor shall fill the vacancy within thirty days of the
occurrence of the vacancy.
(g) (f) No
A member appointed by the governor shall be eligible
to may not serve more than two consecutive terms.
(h) (g) Before exercising any authority or performing any
duties as a member of the commission, 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.
(i) (h)
No
A member of the commission 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.
§18B-1B-4. Powers and duties of higher education policy
commission.
(a) The primary responsibility of the commission is to develop, establish and implement policy that will achieve the goals and
objectives found in section one-a, article one of this chapter.
The
commission shall exercise its authority and carry out its
responsibilities in a manner that is consistent and not in conflict
with the powers and duties assigned by law to the West Virginia
council for community and technical college education.
To that end,
the commission has the following powers and duties relating to the
institutions under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda
pursuant to section one, article one-a of this chapter to address
major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of this
chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section ten nine of this article for the purpose of
accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation jointly
with the council of a financing policy for higher education in West
Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not limited to, human and physical resources and deferred maintenance;
and
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
__(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the West Virginia council for community and technical
college education pursuant to the provisions of section six, article
two-b of this chapter;
(3) Create In collaboration with the council, create a policy
leadership structure capable of the following actions:
(A) Developing, building public consensus around and sustaining
attention to a long-range public policy agenda. In developing the
agenda, the commission and council shall seek input from the
Legislature and the governor and specifically from the state board
of education and local school districts in order to create the
necessary linkages to assure smooth, effective and seamless movement
of students through the public education and post-secondary
education systems and to ensure that the needs of public school
courses and programs can be fulfilled by the graduates produced and
the programs offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher education; and
(C) Holding the higher education institutions and the higher
education system systems as a whole accountable for accomplishing
their missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Review the progress of community and technical colleges in
every region of West Virginia; such review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the step-by-step
implementation required in article three-c of this chapter;
(7) (6) Serve as the accountability point for to:
(A) The governor for implementation of the public policy
agenda; and for
(B) The Legislature by maintaining a close working relationship
with the legislative leadership and the legislative oversight
commission on education accountability;
(8) (7) Promulgate Jointly with the council, promulgate
legislative rules pursuant to article three-a, chapter twenty-nine-a
of this code to fulfill the purposes of section five, article one-a
of this chapter;
(9) (8) Establish and implement a peer group for each public
institution of higher education in the state as described in section three, article one-a of this chapter;
(10) (9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions pursuant to
section two, article one-a of this chapter;
(11) In January, two thousand one, and annually thereafter
(10) Annually report to the Legislature and to the legislative
oversight commission on education accountability during the January
interim meetings on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of the its system of higher education
during the previous fiscal year, including, but not limited to,
progress in meeting goals stated in the compacts and progress of the
institutions and the higher education system as a whole in meeting
the goals and objectives set forth in section one-a, article one of
this chapter;
(B) An analysis of enrollment data collected pursuant to
subsection (i) section one, article ten of this chapter and
recommendations for any changes necessary to assure access to
high-quality, high-demand education programs for West Virginia
residents;
(C) The priorities established for capital investment needs pursuant to subdivision (12) (11) of this subsection and the
justification for such priority;
(E) (D) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(12) (11) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments. It is the responsibility of the commission to assure
a fair distribution of funds for capital projects between the
commission and the council. To that end the commission shall take
the following steps:
__(A) Receive the list of priorities developed by the council for
capital investment for the institutions under the council's
jurisdiction pursuant to subsection (b), section six, article two-b
of this chapter;
__(B) Place the ranked list of projects on the agenda for action
within sixty days of the date on which the list was received;
__(C) Select a minimum of three projects from the list submitted
by the council to be included on the ranked list established by the
commission. At least one of the three projects selected must come
from the top two priorities established by the council.
__(13) On or before the first day of October, two thousand,
develop, establish and implement
(12) Maintain guidelines for institutions to follow concerning extensive capital projects. The guidelines shall provide a process
for developing capital projects, including, but not limited to, the
notification by an institution to the commission of any proposed
capital project which has the potential to exceed one million
dollars in cost. No such project may Such a project may not be
pursued by an institution without the approval of the commission.
An institution may not nor may an institution participate directly
or indirectly with any public or private entity in any capital
project which has the potential to exceed one million dollars in
cost;
(14) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development
office as a resource in the area of work force development and
training;
(15) (13) Acquire legal services as are considered necessary,
including representation of the commission, its institutions,
employees and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the commission may, but is not
required to, call upon the attorney general for legal assistance and
representation as provided by law;
(16) (14) Employ a chancellor for higher education pursuant to
section five of this article;
(17) (15) Employ other staff as necessary and appropriate to
carry out the duties and responsibilities of the commission and the
council, in accordance with the provisions of article four of this
chapter;
__(18) (16) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(19) Conduct a study of the faculty tenure system as
administered by the governing boards with specific attention to the
role of community service and other criteria for achieving tenured
status. The commission shall make a report of its findings and
recommendations to the legislative oversight commission on education
accountability by the first day of July, two thousand one;
(20) (17) Advise and consent in the appointment of the
presidents of the institutions of higher education under its
jurisdiction pursuant to section six of this article. The role of
the commission in approving an institutional president is to assure
through personal interview that the person selected understands and
is committed to achieving the goals and objectives as set forth in
the institutional compact and in section one-a, article one of this
chapter;
(21) (18) Approve the total compensation package from all
sources for institutional presidents of institutions under its
jurisdiction, as proposed by the governing boards. The governing
boards must obtain approval from the commission of the total compensation package both when institutional presidents are employed
initially and afterward when any change is made in the amount of the
total compensation package;
(22) (19) Establish and implement the policy of the state to
assure that parents and students have sufficient information at the
earliest possible age on which to base academic decisions about what
is required for students to be successful in college, other
post-secondary education and careers related, as far as possible,
to results from current assessment tools in use in West Virginia;
(23) (20) Approve and implement a uniform standard, as
developed by the chancellor, jointly with the council to determine
which students shall be placed in remedial or developmental courses.
The standard shall be aligned with college admission tests and
assessment tools used in West Virginia and shall be applied
uniformly by the governing boards throughout the public higher
education system. The chancellor chancellors shall develop a clear,
concise explanation of the standard which the governing boards they
shall communicate to the state board of education and the state
superintendent of schools;
(24) (21) Review and approve or disapprove capital projects as
described in subdivision (12) (11) of this subsection;
(25) (22) Develop Jointly with the council, develop and
implement an oversight plan to manage system-wide technology such
as the following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality educational
offerings with minimum duplication of effort;
(B) increase Increasing the delivery of instruction to
nontraditional students, to provide services to business and
industry and increase the management capabilities of the higher
education system; and
(B) Reviewing courses and programs offered electronically
within the state by nonstate public or private institutions of
higher education,
(26) (23) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements
for a bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to
incur additional costs as is consistent with sound academic policy;
(27) (24) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements
for a degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(28) (25) Establish and implement policies and procedures to
ensure that students may transfer and apply toward the requirements for a master's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(29) (26) Establish and implement policies and programs, in
cooperation with the council and the institutions of higher
education, through which students who have gained knowledge and
skills through employment, participation in education and training
at vocational schools or other education institutions, or
internet-based education programs, may demonstrate by
competency-based assessment that they have the necessary knowledge
and skills to be granted academic credit or advanced placement
standing toward the requirements of an associate degree or a
bachelor's degree at a state institution of higher education;
(30) (27) Seek out and attend regional, national and
international meetings and forums on education and work force
development-related topics, as in the commission's discretion is
critical for the performance of their duties as members, for the
purpose of keeping abreast of education trends and policies to aid
it in developing the policies for this state to meet the established
education goals and objectives pursuant to section one-a, article
one of this chapter;
(31) (28) Develop, establish and implement guidelines for
higher education governing boards and institutions to follow when considering capital projects. The guidelines shall include, but not
be limited to, the following:
(A) That the governing boards and institutions not approve or
promote projects that give competitive advantage to new private
sector projects over existing West Virginia businesses, unless the
commission determines such private sector projects are in the best
interest of the students, the institution and the community to be
served; and
(B) That the governing boards and institutions not approve or
promote projects involving private sector businesses which would
have the effect of reducing property taxes on existing properties
or avoiding, in whole or in part, the full amount of taxes which
would be due on newly developed or future properties;
The commission shall determine whether the guidelines developed
pursuant to this subdivision should apply to any project which a
governing board and institution allege to have been planned on or
before the seventeenth day of June, two thousand. In making the
determination, the commission shall be guided by the best interests
of the students, the institution and the community to be served
(32) Certify to the Legislature, on or before the first day of
February, two thousand one, the priority funding percentages and
other information needed to complete the allocation of funds in
section five, article one-a of this chapter;
(33) (29) Consider and submit to the appropriate agencies of the executive and legislative branches of state government a single
budget for higher education that reflects recommended appropriations
Provided, That on the first day of January, two thousand one, and
annually thereafter the
from the commission and the institutions
under its jurisdiction. The commission shall submit as part of its
budget proposal the separate recommended appropriations it received
from the council both for the council and the institutions under the
council's jurisdiction. The commission annually shall submit the
proposed institutional allocations based on each institution's
progress toward meeting the goals of its institutional compact;
(34) Initiate a full review and analysis of all student fees
charged by state institutions of higher education and make
recommendations to the legislative oversight commission on education
accountability no later than the second day of January, two thousand
two. The final report shall contain findings of fact and
recommendations for proposed legislation to condense, simplify and
streamline the fee schedule and the use of fees or other money
collected by state institutions of higher education;
(35) (30) The commission has the authority to assess
institutions under its jurisdiction for the payment of expenses of
the commission or for the funding of statewide higher education
services, obligations or initiatives related to the goals set forth
for the provision of public higher education in the state;
(36) (31) Promulgate rules allocating reimbursement of appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(37) (32)
Make appointments to boards and commissions where
this code requires appointments from the state college system board
of directors or the university of West Virginia system board of
trustees which were abolished effective the thirtieth day of June,
two thousand, except in those cases where the required appointment
has a specific and direct connection to the provision of community
and technical college education, the appointment shall be made by
the council.
Notwithstanding any provisions of this code to the
contrary, the commission or the council may appoint one of its own
members or any other citizen of the state as its designee. The
commission and council shall appoint the total number of persons in
the aggregate required to be appointed by these previous governing
boards;
(38) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section are
hereby transferred to the commission and shall continue in effect
until rescinded, revised, altered or amended by the commission;
(39) Examine and determine the feasibility of recommendations
contained in the Implementation Board Report presented to the commission in January, two thousand one, and, at the discretion of
the commission, create the advantage valley community college
network to enhance provision of community and technical college
education in the responsibility areas of Marshall university, West
Virginia state college and West Virginia university institute of
technology;
(40) (33) Pursuant to the provisions of article three-a,
chapter twenty-nine-a of this code and section six, article one of
this chapter, promulgate rules as necessary or expedient to fulfill
the purposes of this chapter. The commission may and the council
shall promulgate a new uniform joint legislative rule for the
purpose of standardizing, as much as possible, the administration
of personnel matters among the institutions of higher education;
(41) (34) Determine when a joint rule among the governing
boards of the institutions under its jurisdiction is necessary or
required by law and, in those instances and in consultation with the
governing boards, promulgate the joint rule;
(35) Implement a policy jointly with the council whereby course
credit earned at a community and technical college transfers for
program credit at any other state institution of higher education
and is not limited to fulfilling a general education requirement;
and
__(42) (36) Promulgate a joint rule with the council establishing
tuition and fee policy for all institutions of higher education. The rule shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the commission considers and council
consider appropriate. and
(43) Develop a method for the council, or members thereof, to
participate in the selection of administrative heads of the
community and technical colleges.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the commission has the following general powers
and duties related to its role in developing, articulating and
overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission
definitions including use of incentive money funds to influence
institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval for institutions under its jurisdiction including the use of institutional missions as a
template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes;
(5) Development of budget and allocation of resources,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
(6) Administration of state and federal student aid programs
under the supervision of the vice chancellor for administration,
including promulgation of any rules formerly vested in the previous
governing boards in relation to necessary to administer those
programs;
(7) Acting Serving as the agent to receive and disburse public
funds when a governmental entity requires designation of a statewide
higher education agency for this purpose;
(8) Development, establishment and implementation of
information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Jointly with the council, developing, establishing and
implementing policies for licensing and oversight for both public
and private degree-granting and nondegree-granting institutions that
provide post-secondary education courses or programs in the state
pursuant to the findings and policy recommendations to be determined
as set forth in section eleven of this article;
(10) Development, implementation and oversight of statewide and
regionwide projects and initiatives related to providing
post-secondary education at the baccalaureate level and above such
as those using funds from federal categorical programs or those
using incentive and performance-based funding from any source; and
(11) Quality assurance that intersects with all other duties
of the commission particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information and
accountability systems.
(c) In addition to the powers and duties provided for in
subsections (a) and (b) of this section and any other powers and
duties as may be assigned to it by law, the commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The commission is authorized to withdraw specific powers
of any governing board of an institution under its jurisdiction for
a period not to exceed two years if the commission makes a
determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated by independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
(4) The period of withdrawal of specific powers may not exceed
two years during which time the commission is authorized to take
steps necessary to reestablish the conditions for restoration of
sound, stable and responsible institutional governance.
(e) Notwithstanding the provisions of section six, article
one-a of this chapter, the commission shall undertake a study of the
most effective and efficient strategies and policies to address the
findings and intent of that section.
(1) The issues addressed by this study shall include, but not
be limited to:
(A) Strategies to ensure access to graduate education;
(B) The development of state colleges as regional graduate
centers with authority to broker access to graduate programs in
their responsibility areas;
(C) The process by which state colleges obtain authorization
to grant graduate degrees;
(D) The relationship of regional graduate centers at state
colleges to graduate programs offered within those regions by state universities; and
(E) Other issues related to initiatives to meet each region's
need and enhance the quality and competitiveness of graduate
programs offered and/or brokered by West Virginia state colleges and
universities.
(2) The commission shall report the findings of this study
along with the recommendations for legislative actions, if any, to
address these findings and the intent of this section, to the
legislative oversight commission on education accountability by the
first day of January, two thousand one.
§18B-1B-5. Employment of chancellor for higher education; office;
powers and duties generally; employment of vice
chancellors.
(a) The commission, created pursuant to section one of this
article, shall employ a chancellor for higher education who shall
be is the chief executive officer of the commission and who shall
serve serves at its will and pleasure. The vice chancellor for
administration shall serve as the interim chancellor until a
chancellor is employed.
(b) The commission shall set the qualifications for the
position of chancellor and shall conduct a thorough nationwide
search for qualified candidates. A qualified candidate is one who
meets at least the following criteria:
(1) Possesses an excellent academic and administrative background;
(2) Demonstrates strong communication skills;
(3) Has significant experience and an established national
reputation as a professional in the field of higher education;
(4) Is free of institutional or regional biases; and
(5) Holds or retains no other administrative position within
the a system of higher education while employed as chancellor.
__(c) The commission shall conduct written performance
evaluations of the chancellor annually and may offer the chancellor
a contract not to exceed three years. At the end of each contract
period, the commission shall review the evaluations and make a
determination by vote of its members on continuing employment and
compensation level.
__(d) When filling a vacancy in the position of chancellor, the
commission shall enter into an initial employment contract for one
year with the candidate selected. At the end of the initial contract
period, and each contract period thereafter, the commission shall
review the evaluations and make a determination by vote of its
members on continuing employment and compensation level for the
chancellor.
__(c) (e) The chancellor shall be compensated on a basis in
excess of, but not to exceed twenty percent greater than, the base
salary of any president of a state institution of higher education
or the administrative head of a governing board.
(d) (f) With the approval of the commission, The chancellor
commission may employ a vice chancellor for health sciences who
shall serve serves at the will and pleasure of the chancellor
commission. The vice chancellor for health sciences shall
coordinate the West Virginia university school of medicine, the
Marshall university school of medicine and the West Virginia school
of osteopathic medicine and also shall provide assistance to the
governing boards on matters related to medical education and health
sciences. The vice chancellor for health sciences shall perform all
duties assigned by the chancellor, the commission and state law.
In the case of a vacancy in the office of vice chancellor of health
sciences, the duties assigned to this office by law are the
responsibility of the chancellor or a designee.
(e) With the approval of the commission, the chancellor shall
employ a vice chancellor for community and technical college
education and work force development who serves at the will and
pleasure of the chancellor. The duties of this position include
serving as the chief executive officer of the West Virginia council
for community and technical college education created pursuant to
article two-b of this chapter, and such other duties as assigned by
law or by the commission. Any reference in this code to the vice
chancellor for community and technical colleges means the vice
chancellor for community and technical college education and work
force development, which vice chancellor for community and technical colleges shall become the vice chancellor for community and
technical college education and work force development. It is the
duty and responsibility of the vice chancellor for community and
technical college education and work force development to:
(1) Provide assistance to the commission, the chancellor and
the governing boards on matters related to community and technical
college education;
(2) Advise, assist and consult regularly with the institutional
presidents; institutional boards of governors or boards of advisors,
as appropriate; and district consortia committees of the state
institutions of higher education involved in community and technical
college education; and
(3) Perform all duties assigned by the chancellor, the
commission and state law.
(f) With the approval of the commission, the chancellor
(g) With the approval of the The commission the chancellor
shall employ a vice chancellor for administration pursuant to
section two, article four of this chapter.
(g) (h) With the approval of the The commission the chancellor
may employ a vice chancellor for state colleges who shall serve
serves at the will and pleasure of the chancellor commission. It
is the duty and responsibility of the vice chancellor for state
colleges to:
(1) Provide assistance to the commission, the chancellor and the state colleges on matters related to or of interest and concern
to these institutions;
(2) Advise, assist and consult regularly with the institutional
presidents and institutional boards of governors of each state
college;
(3) Serve as an advocate and spokesperson for the state
colleges to represent them and to make their interests, views and
issues known to the chancellor, the commission and governmental
agencies;
(4) Perform all duties assigned by the chancellor, the
commission and state law.
In addition, the vice chancellor for state colleges has the
responsibility and the duty to provide staff assistance to the
institutional presidents and governing boards to the extent
practicable.
(h) Apart from the offices of the vice chancellors as set forth
in this section and section two, article four of this chapter, the
chancellor shall determine the organization and staffing positions
within the office that are necessary to carry out his or her powers
and duties and may employ necessary staff.
(i) On behalf of the commission, the chancellor may enter into
agreements with any state agency or political subdivision of the
state, any state higher education institution or any other person
or entity to enlist staff assistance to implement the powers and duties assigned by the commission or by state law.
(j) The chancellor shall be is responsible for the day-to-day
daily operations of the commission and shall have has the following
responsibilities relating to the commission and the institutions
under its jurisdiction:
(1) To carry out policy and program directives of the
commission;
(2) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section one-a,
article one of this chapter and in the institutional compacts;
(3) To prepare and submit to the commission for its approval
the proposed budget of the commission including the offices of the
chancellor and the vice chancellors;
(4) On and after the first day of July, two thousand one, to
To assist the governing boards in developing rules, subject to the
provisions of section six, article one of this chapter. Provided,
That Nothing in this chapter requires the rules of the governing
boards to be filed pursuant to the rule-making procedures provided
in article three-a, chapter twenty-nine-a of this code. The
chancellor shall be is responsible for ensuring that any policy
which is required to be uniform across the institutions is applied
in a uniform manner;
(5) To perform all other duties and responsibilities assigned
by the commission or by state law.
(k) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities.
(l) The chancellor, is the primary advocate for higher
education and with the commission, advises the Legislature on
matters of higher education in West Virginia. As the primary
advocate for higher education the The chancellor shall work closely
with the legislative oversight commission on education
accountability and with the elected leadership of the state to
ensure that they are fully informed about higher education issues
and that the commission fully understands the goals for higher
education that the Legislature has established by law.
(m) The chancellor may design and develop for consideration by
the commission new statewide or regional initiatives in accordance
with the goals set forth in section one-a, article one of this
chapter and the public policy agenda articulated by the commission.
In those instances where the initiatives to be proposed have a
direct and specific impact or connection to community and technical
college education as well as to baccalaureate and graduate
education, the chancellor for higher education and the chancellor
for community and technical college education shall design and
develop the initiatives jointly for consideration by the commission
and the council.
(n) The chancellor shall work closely with members of the state board of education and with the state superintendent of schools to
assure that the following goals are met:
(1) Development and implementation of a seamless
kindergarten-through-college system of education; and
(2) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
commission and the state board of education, the chancellor shall
serve serves as an ex officio, nonvoting member of the state board
of education.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of
presidents of the public institutions of higher education shall be
made as follows:
(1) Subject to the approval of the commission, the appropriate
governing board of the institution shall appoint appoints a
president for Bluefield state college, Concord college, eastern West
Virginia community and technical college Fairmont state college,
Glenville state college, Marshall university, Shepherd college,
southern West Virginia community and technical college West Liberty
state college, West Virginia northern community and technical
college West Virginia school of osteopathic medicine, West Virginia
state college and West Virginia university.
(2) Subject to the approval of the appropriate governing board
council and to the provisions of article three-c of this chapter, the president governing board of the appropriate institution shall
appoint West Virginia University appoints the president of the
regional campuses campus known as West Virginia university and of
the community and technical colleges which remain linked
administratively to a sponsoring institution. The presidents of
such regional campuses and community and technical colleges shall
serve at the will and pleasure of the institutional president. The
president of the sponsoring institution shall appoint a president
for the administratively linked community and technical college at
the appropriate time as outlined in the institutional compact and
approved by the commission.
at Parkersburg. When selecting
candidates for consideration to fill the office of president, the
governing board shall use the search and screening process provided
for in section one, article six of this chapter.
__Subject to the approval of the commission, the governing board
of West Virginia University appoints the president of the regional
campus known as West Virginia university institute of technology.
The president of each regional campus serves at the will and
pleasure of the appointing governing board.
__(4) (3) Subject to the approval of the council, the governing
board of the community and technical college shall appoint appoints
a president for eastern West Virginia community and technical
college, southern West Virginia community and technical college and
West Virginia northern community and technical college.
(4) Subject to the approval of the council, the governing board
of the sponsoring institution appoints a president for each
administratively linked community and technical colleges which
shares a physical campus location with the sponsoring institution,
including Fairmont state community and technical college, Marshall
community and technical college, the community and technical college
at West Virginia university institute of technology and West
Virginia state community and technical college. The president of
the sponsoring institution shall appoint a president for the
administratively linked community and technical college at the
appropriate time as outlined in the institutional compact and
approved by the commission.
(3) Subject to the approval of the commission and to the
provisions of article three-c of this chapter, the president of the
appropriate institution shall appoint the provost in those cases
where the community and technical college remains as a component of
another institution. The provost shall serve at the will and
pleasure of the president of the employing institution.
(5) Subject to the approval of the council, the governing board
of the community and technical college appoints a president for each
administratively linked community and technical college which does
not share a physical campus location with the sponsoring
institution, including New River community and technical college and
the community and technical college of Shepherd.
__Subject to the approval of the council, the governing board of
the sponsoring institution appoints a president for each of these
two community and technical colleges until the institution gains
independent accreditation.
(b) Other appointments. -- Appointments of administrative heads
of state institutions of higher education shall be made in
accordance with the provisions of subsection (a) of this section
except in the following instances:
(1) Effective the first day of July, two thousand three, the
institutional president shall appoint a provost to be the
administrative head of New River community and technical college;
and
(2) Effective the first day of July, two thousand five, the
institutional president shall appoint a provost to be the
administrative head of the Potomac campus of West Virginia
university.
(c) Evaluation of administrative heads presidents. -- The
appointing governing boards board shall conduct written performance
evaluations of each institution's president except the presidents
of regional campuses shall be evaluated by the president of West
Virginia university. The provosts including the presidents of
administratively linked community and technical colleges. and other
consolidated, merged or administratively linked units. shall be
evaluated by the president of the employing institution. Evaluations shall be done in every fourth year of employment as
administrative head 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.
§18B-1B-11. Study of licensing and oversight of certain institutions
providing post-secondary education.
(a) The commission and the council shall conduct a joint study
of current policies relating to licensing and oversight of both
public and private degree-granting and nondegree-granting entities
providing post-secondary education programs or courses within the
state or from locations outside this state through distance learning
or any technology methods.
(b) The study shall include, but is not limited to, the
following:
(1) The strengths and weaknesses of current state and higher
education policies including a determination of how well the
policies protect consumers and whether such protection should be
expanded;
(2) The appropriate entity within public higher education to assume licensing and oversight of each type of institution;
(3) The standards to be used for program approval or a method
to develop such standards; and
(4) The requirements for fees and bonding.
The commission and the council shall report their findings,
conclusions and recommendations,
together with drafts of any
legislation necessary to effectuate the recommendations
, to the
legislative oversight commission on education accountability by the
first day of December, two thousand four.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) Effective the thirtieth day of June, two thousand one, the
institutional boards of advisors at Bluefield state college, Concord
college, eastern West Virginia community and technical college,
Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and
technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and West
Virginia university are abolished.
(b) Effective the first day of July, two thousand one,
(a) A board of governors is established continued at each of
the following institutions: Bluefield state college, Concord college, eastern West Virginia community and technical college,
Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia community and
technical college, West Liberty state college, West Virginia
northern community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and West
Virginia university. Each board of governors shall consist of
twelve persons. Provided, That the institutional boards of
governors for Marshall university and West Virginia university shall
consist of fifteen persons.
(b) For the community and technical college of Shepherd and New
River community and technical college the institutional board of
advisors remains in place until the institution achieves independent
accreditation as provided in section eight, article three-c of this
chapter.
__(1) As long as the institutional board of advisors remains in
place, the chairperson of the board of advisors serves as an ex
officio, voting member of the board of governors of the sponsoring
institution;
__(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed pursuant
to this section;
__(3) When a board of governors is established for the community and technical college:
__(A) The chairperson of the governing board of the sponsoring
institution serves as an ex officio, nonvoting member of the
governing board of the community and technical college board of
governors; and
__(B) The chairperson of the governing board of the community and
technical college serves as an ex officio, nonvoting member of the
governing board of the sponsoring institution.
__(4) In making the initial appointments to these boards of
governors, the governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
__(c) The institutional board of governors for Marshall
university consists of sixteen persons and the institutional board
of governors for West Virginia university consists of seventeen
persons. Each other board of governors consists of twelve persons.
(d) Each board of governors shall include 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) Nine lay members appointed by the governor by and with the
advice and consent of the Senate pursuant to section one-a, article
six of this chapter. Provided, That For the institutional boards
of governors at Marshall university and West Virginia university,
twelve lay members shall be appointed by the governor by and with
the advice and consent of the Senate pursuant to section one-a,
article six of this chapter: Provided, however, That of the
appointed lay members, the governor shall appoint one superintendent
of a county board of education from the area served by the
institution: Provided further, That in making the initial
appointments to the institutional boards of governors, the governor
shall appoint, except in the case of death, resignation or failure
to be confirmed by the Senate, those persons who are lay members of
the institutional boards of advisors for those institutions named
in subsection (a) on the thirtieth day of June, two thousand one,
and appointed pursuant to section one-a, article six of this
chapter.
(4) For the institutional board of governors at Marshall
university, twelve lay members appointed by the governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the institutional board of advisors of Marshall community and technical college serving as an
ex officio, voting member.
__(5) For the institutional board of governors at West Virginia
university, twelve lay members appointed by the governor by and with
the advice and consent of the senate pursuant to this section and,
additionally, the chairperson of the institutional board of advisors
of the community and technical college at West Virginia university
institute of technology and West Virginia university at Parkersburg.
__(6) For each institutional board of governors of an institution
that does not have an administratively linked community and
technical college under its jurisdiction, nine lay members appointed
by the governor, by and with the advice and consent of the Senate,
pursuant to this section.
__(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
__(A) Eight lay members appointed by the governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of advisors
of the administratively linked community and technical college; and
__(B) Of the eight lay members appointed by the governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
__(c) (e) Of the eight or nine members appointed by the governor, no more than five may be of the same political party. Provided,
That of 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
of the members shall be residents of the state. Provided, however,
That Of the twelve members appointed by the governor to the
governing boards of Marshall university and West Virginia
university, at least eight of the members shall be residents of the
state.
(d) (e) The student member shall serve serves for a term of one
year. The term beginning in July, two thousand one, shall end on
the thirtieth day of June, two thousand two. Thereafter, The term
shall begin Each term begins on the first day of July.
(e) (f) The faculty member shall serve serves for a term of two
years. The term beginning in July, two thousand one, ends on the
thirtieth day of June, two thousand three. Thereafter, the term
shall begin 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.
(f) (g) The member representing classified employees shall
serve serves for a term of two years. The term beginning in July,
two thousand one, shall end on the thirtieth day of June, two
thousand three. Thereafter, the term shall begin 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.
(g) (h) The appointed lay citizen members shall serve terms of
four years each and shall be are eligible to succeed themselves for
no more than one additional term.
(h) (i) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy in the same manner as the original appointment or
election. Except in the case of a vacancy, all elections shall be
held and all appointments shall be made no later than the thirtieth
day of June preceding the commencement of the term. except the
election of officers for the term beginning in July, two thousand
one shall be made that July Each board of governors shall elect one
of its appointed lay members to be chairperson in June of each year.
No member may A member may not serve as chairperson for more than
two consecutive years.
(i) (j) The appointed members of the institutional boards of
governors shall serve staggered terms of the initial appointments
by the governor to each of the institutional boards of governors,
two shall be appointed for terms of one year, two shall be appointed
for terms of two years, two shall be appointed for terms of three
years and three shall be appointed for terms of four years:
Provided, That for the initial appointments to the governing boards of Marshall university and West Virginia university, three shall be
appointed for terms of one year, three shall be appointed for terms
of two years, three shall be appointed for terms of three years and
three shall be appointed for terms of four years. After the initial
appointments, all appointees shall serve for terms of four years.
(j) No person shall be eligible
(k) A person is ineligible for appointment to membership on a
board of governors 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. Provided, That this subsection shall not be construed
to This subsection does not prevent the representative from the
faculty, classified employees, or students or chairpersons of the
boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(k) (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.
(l) (m)
No 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.
(m) (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 shall
serve without compensation, but shall be are reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of their official duties under this article upon
presentation of an itemized sworn statement of their expenses. All
expenses incurred by the board of governors and the institution
under this section shall be are paid from funds allocated to the
institution for that purpose.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and
duties:
(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institutions of higher education under its jurisdiction;
(b) Develop a master plan for the institutions under its
jurisdiction except the administratively linked community and
technical colleges which retain an institutional board of advisors shall develop their master plans subject to the provisions of
section one, article six of this chapter. The ultimate
responsibility for developing and updating the master plans at the
institutional level resides with the board of governors, or board
of advisors, as applicable, but the ultimate responsibility for
approving the final version of the institutional master plans,
including periodic updates, resides with the commission or council,
as appropriate. Each master plan shall include, but not be limited
to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of the
institution's area of responsibility for a quality system of higher
education are addressed;
(3) Documentation of the involvement of the commission or
council, as appropriate, institutional constituency groups,
clientele of the institution and the general public in the
development of all segments of the institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including the addition or deletion of degree programs as, in the discretion of the appropriate governing board, may be
necessary;
(c) Prescribe for the institutions under its jurisdiction, in
accordance with its master plan and the compact for each
institution, specific functions and responsibilities to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;
(d) Direct the preparation of a budget request for the
institutions under its jurisdiction, such request to relate directly
to missions, goals and projections as found in the institutional
master plans and the institutional compacts;
(e) Consider, revise and submit to the commission or council,
as appropriate, a budget request on behalf of the institutions under
its jurisdiction;
(f) Review, at least every five years, all academic programs
offered at the institutions under its jurisdiction. The review
shall address the viability, adequacy and necessity of the programs
in relation to its institutional master plan, the institutional
compact and the education and work force needs of its responsibility
district. As a part of the review, each governing board shall
require the institutions under its jurisdiction to conduct periodic
studies of its graduates and their employers to determine placement
patterns and the effectiveness of the education experience. Where
appropriate, these studies should coincide with the studies required of many academic disciplines by their accrediting bodies;
(g) The governing boards shall ensure that the sequence and
availability of academic programs and courses offered by the
institutions under their jurisdiction is such that students have the
maximum opportunity to complete programs in the time frame normally
associated with program completion. Each governing board is
responsible to see that the needs of nontraditional college-age
students are appropriately addressed and, to the extent it is
possible for the individual governing board to control, to assure
core course work completed at institutions under its jurisdiction
is transferable to any other state institution of higher education
for credit with the grade earned;
(h) Subject to the provisions of article one-b of this chapter,
the appropriate governing board has the exclusive authority to
approve the teacher education programs offered in the institution
under its control. In order to permit graduates of teacher
education programs to receive a degree from a nationally accredited
program and in order to prevent expensive duplication of program
accreditation, the chancellor commission may select and utilize one
nationally recognized teacher education program accreditation
standard as the appropriate standard for program evaluation;
(i) Utilize faculty, students and classified employees in
institutional-level planning and decisionmaking when those groups
are affected;
(j) Subject to the provisions of federal law and pursuant to
the provisions of article nine of this chapter and to rules adopted
by the commission and the council, administer a system for the
management of personnel matters, including, but not limited to,
personnel classification, compensation and discipline for employees
of at the institutions under their jurisdiction;
(k) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article six-a, chapter
twenty-nine of this code is the exclusive mechanism for hearing
prospective employee grievances and appeals. In construing the
application of said article to grievances of higher education
employees, the following apply:
(1) "Chief administrator" means the president of a state
institution of higher education as to those employees employed by
the institution and the appropriate chancellor as to those employees
employed by the commission or council;
(2) The state division of personnel may not be a party to nor
have any authority regarding a grievance initiated by a higher
education employee; and
(3) The provisions of this section supersede and replace the
grievance procedure set out in article twenty-nine, chapter eighteen
of this code for any grievance initiated by a higher education
employee after the first day of July, two thousand one;
(l) Solicit and utilize or expend voluntary support, including
financial contributions and support services, for the institutions
under its jurisdiction;
(m) Appoint a president or other administrative head for the
institutions under its jurisdiction subject to the provisions of
section six, article one-b of this chapter;
(n) Conduct written performance evaluations of each
institution's the president pursuant to section six, article one-b
of this chapter;
__(o) Employ all faculty and staff at the institution under its
jurisdiction. Such employees operate under the supervision of the
president, but are employees of the governing board;
__(o) (p) Submit to the commission or council, as appropriate,
no later than the first day of November of each year an annual
report of the performance of the institutions institution under its
jurisdiction during the previous fiscal year as compared to stated
goals in its master plan and institutional compact;
(p) (q) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the public
institution of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal, the
boards are permitted to share resources among the various groups in the community;
(q) (r) Provide and transfer funding and property to certain
corporations pursuant to section ten, article twelve of this
chapter;
(r) (s) Delegate, with prescribed standards and limitations,
the part of its power and control over the business affairs of a
particular institution under its jurisdiction to the president or
other administrative head of the institution to the president in any
case where it considers the delegation necessary and prudent in
order to enable the institution to function in a proper and
expeditious manner and to meet the requirements of its institutional
compact. If a governing board elects to delegate any of its power
and control under the provisions of this subsection, it shall notify
the appropriate chancellor. Any such delegation of power and
control may be rescinded by the appropriate governing board or the
chancellor at any time, in whole or in part;
(s) (t) Unless changed by the chancellor commission or the
council, as appropriate, the governing boards shall continue to
abide by existing rules setting forth standards for acceptance of
advanced placement credit for their respective institutions.
Individual departments at institutions of higher education may, upon
approval of the institutional faculty senate, require higher scores
on the advanced placement test than scores designated by the
appropriate governing board when the credit is to be used toward meeting a requirement of the core curriculum for a major in that
department;
(t) (u) Each governing board, or its designee, shall consult,
cooperate and work with the state treasurer and the state auditor
to update as necessary and maintain an efficient and cost-effective
system for the financial management and expenditure of special
revenue and appropriated state funds at the institutions under its
jurisdiction that ensures that properly submitted requests for
payment be paid on or before due date but, in any event, within
fifteen days of receipt in the state auditor's office;
(u) (v) The governing boards in consultation with the
appropriate chancellor and the secretary of the department of
administration shall develop, update as necessary and maintain a
plan to administer a consistent method of conducting personnel
transactions, including, but not limited to, hiring, dismissal,
promotions and transfers at the institutions under their
jurisdiction. Each such personnel transaction shall be accompanied
by the appropriate standardized system or forms which will be
submitted to the respective governing board and the department of
finance and administration;
(v) (w) Notwithstanding any other provision of this code to the
contrary, the governing boards may transfer funds from any account
specifically appropriated for their use to any corresponding line
item in a general revenue account at any agency or institution under their jurisdiction as long as such transferred funds are used for
the purposes appropriated. The governing boards may transfer funds
from appropriated special revenue accounts for capital improvements
under their jurisdiction to special revenue accounts at agencies or
institutions under their jurisdiction as long as such transferred
funds are used for the purposes appropriated; and
(w) (x) Notwithstanding any other provision of this code to the
contrary, the governing boards may acquire legal services as are
considered necessary, including representation of the governing
boards, their institutions, employees and officers before any court
or administrative body. The counsel may be employed either on a
salaried basis or on a reasonable fee basis. In addition, the
governing boards may, but are not required to, call upon the
attorney general for legal assistance and representation as provided
by law;
(y) Each governing board which has an administratively linked
community and technical college under its jurisdiction, including
the governing board of West Virginia university, shall create within
the administrative structure of the governing board a subcommittee
for community and technical college education. The subcommittee
shall have at least four members, one of whom is the chairperson of
the community and technical college board of advisors; and
__(z) Each governing board of a public baccalaureate institution
is authorized to make changes which would further its eligibility to attain university status:
__(1) If the college meets the eligibility requirements
established by the commission to attain university status and if the
commission grants university status, then the governing board shall
determine the effective date on which the public baccalaureate
institution becomes a university; and
__(2) On and after the effective date designated by the governing
board, the baccalaureate institution shall be designated a
university.
§18B-2A-6. University status for certain institutions.
Concord college, Fairmont state college, Shepherd college and
West Virginia state college have met the eligibility requirements
established by the commission to attain university status and shall
be designated as universities on the effective date of this section.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-1. Legislative findings; intent; purpose.
(a) The Legislature hereby finds that:
(1) The goals, objectives and purposes contained in Enrolled
Senate Bill No. 653, passed during the two thousand regular
legislative session, in two thousand reflected the research findings
available to the Legislature at the time; since then, however,
additional research indicates that, while Enrolled Senate Bill No.
653 moves in the appropriate direction of independent accreditation and meeting essential conditions for public community and technical
colleges, the legislation does not take the final steps that are
considered to be necessary by independent researchers. This position
is clearly demonstrated by the recent research findings and
recommendations cited below:
(A) "West Virginia: A Vision Shared! Economic Development: A
Plan for West Virginia's Future", hereinafter cited in this article
and article two-c of this chapter as the Market Street Report, is
a research document commissioned by the West Virginia council for
community and economic development to assess the economic
competitiveness of the state. The report makes a number of findings
and recommendations important to public community and technical
college education:
(i) The state needs to adopt and implement a specific focus on
technical education; in particular, it needs to move away from the
traditionally isolated and limited vocational programming towards
a systematic approach of teaching technical skills that employers
need today;
(ii) The state needs to establish a strong technical education
system that is separate from the university system and is responsive
to the needs of business throughout the state;
(iii) The state needs to establish as a high-level priority the
training and retraining of its working-age adults to help them
acquire and maintain the competitive skills they need to succeed in today's economy; and
(iv) The state needs to emphasize the role of lifelong learning
as a critical piece of its overall education and training system if
the state is to make the transition to the new economy.
(B) The Report to the Legislative Oversight Commission on
Education Accountability, hereinafter cited in this article and
article two-c as the McClenney Report, is a study required by
provisions of Enrolled Senate Bill No. 653 and conducted by Dr. Kay
McClenney. The research found that:
(i) The participation rate in West Virginia community and
technical college education is substantially lower than will be
necessary if the state is to achieve its goals for economic
development and prosperity for its citizens;
(ii) The low visibility of the component community and
technical colleges effectively restricts access for the West
Virginians who most need encouragement to participate in
post-secondary education and training;
(iii) It is not clear that the parent institutions of the
component community colleges actually embrace the community college
mission;
(iv) The community and technical college developmental
education programs are under serving by far the evident needs of the
population, especially as that service relates to nontraditional
students;
(v) Adults over age twenty-five are under represented in the
community and technical college student populations;
(vi) Technical education program development and enrollment are
not at the levels necessary to serve the needs of the state;
(vii) Independent accreditation and the essential conditions
required by Enrolled Senate Bill No. 653 are necessary, but not
sufficient alone to provide a strong enough tool to accomplish the
state's goal to strengthen community and technical college
education;
(viii) The community and technical college will not be able to
operate optimally until they move out of the shadow of their
"parent" institutions, with the flexibility and autonomy to
establish a uniquely community college identity, culture, program
mix, outreach capacity and approach to teaching and learning;
__(9) The development of stronger support mechanisms for the
community and technical colleges should be an extension of the
ongoing step-by-step process for achieving the goals for post
secondary education in the state;
__(10) Building on the foundations laid in Enrolled Committee
Substitute for Senate Bill No. 547
and Enrolled Senate Bill No. 653,
the Legislature should now establish the further systemic and policy
supports that are needed for the community and technical college to
thrive, perform and meet state goals;
__(11) Implementation will necessarily be incremental;
__(12) The consistent focus at the state level should be on the
statewide mission of raising educational attainment, increasing
adult literacy, promoting workforce and economic development and
ensuring access to advanced education for the citizens of West
Virginia;
__(13) The solution must ensure a high degree of flexibility and
autonomy at the local level, preserving the ability of community and
technical colleges to respond rapidly and effectively to local
needs;
__(14) At the same time, there is serious and recognized need for
statewide leadership, coordination and support for the work of the
community and technical colleges and the advocacy for the public
priorities that these institutions are charged to address;
and therefore
(viii) (xv) The state needs to create a community college
support capacity at the state level that will bring leadership,
coordination, technical support, advocacy and critical mass to a
statewide network of local community and technical college campuses.
(C) The Report and Recommendations of the Implementation Board
to the West Virginia Higher Education Policy Commission, hereinafter
cited in this article and article two-c of this chapter as the
Implementation Board Report, is a study required by Enrolled Senate
Bill No. 653 to determine the most effective and efficient method
to deliver community and technical college services in the former responsibility areas of Marshall university, West Virginia state
college and West Virginia university institute of technology. The
Implementation Board Report states its goals and vision for
community and technical college education in the advantage valley
region as one of a dynamic, vital and vibrant community college
network which offers:
(i) Affordable, quality training and education to students;
(ii) Represents a recognized path of choice to success in the
knowledge economy for thousands of West Virginians; and
(iii) Provides West Virginia businesses with the highly skilled
work force necessary to meet their evolving needs in the global
knowledge economy.
(D) In furtherance of their goals, the Implementation Board
Report recommended formation of the advantage valley community
college network:
(i) To enhance economic development through coordinated
leadership and a delivery system for education and training
initiatives;
(ii) To provide accountability through a separate compact and
through independent accreditation of each of the affected community
and technical colleges; and
(iii) To enhance education opportunities for the citizens of
the area and assist in overcoming the barrier of accessibility in
higher education.
(b) Based on the recent research cited above, the Legislature
further finds that:
(1) The recommendations of the Market Street Report clearly
point out the shortcomings of the state's current approach to
providing post-secondary education and programs and show the
consequences of failing to change appropriately;
(2) The research, findings, vision and goals set forth in the
McClenney Report and the Implementation Board Report are noteworthy
and, although written, in part, to address specific institutions,
have broad application statewide for community and technical
colleges;
(3) The research shows that:
(A) A need exists to enhance community and technical college
education in West Virginia through the delivery of services that
meet the goals of this chapter and that are delivered pursuant to
the process for meeting the essential conditions established in
section three, article three-c of this chapter;
(B) A need exists for statewide leadership, coordination and
support for the work of the community and technical colleges and for
advocacy for the public priorities these institutions are charged
to address;
(C) Community and technical colleges need to be efficient,
avoiding duplication and the burden of bureaucracy while recognizing
fiscal realities;
(D) Community and technical colleges need a high degree of
flexibility and local autonomy to preserve and expand their ability
to respond rapidly and effectively to local or regional needs;
(E) Community and technical colleges need state-level support
and leadership that recognize differences among regions of the state
and among institutions and accept the reality that institutions are
at different stages in their development and have different
challenges and capabilities;
(F) Clear benchmarks and regular monitoring are required to
assess the progress of community and technical colleges toward
meeting the established goals and for meeting the essential
conditions, including independent accreditation, established in this
chapter;
(G) Implementation will necessarily be incremental;
(4) Certain acts to streamline accountability, to make maximum
use of existing assets to meet new demands and target funding to
initiatives designed to enhance and reorient existing capacity and
to provide incentives for brokering and collaboration require that
the role of the joint commission for vocational-technical-
occupational education be reexamined.
(c) Legislative intent. -- The intent of the Legislature in
enacting this article is to address the research findings cited
above by reconstituting the joint commission for vocational-
technical-occupational education as the West Virginia council for community and technical college education in order to reorient the
mission, role and responsibilities consistent with and supportive
of the mission, role and responsibilities of the commission, the
goals for post-secondary education and accountability for assisting
the public community and technical colleges, branches, centers,
regional centers and other delivery sites with a community and
technical college mission in achieving the state's public policy
agenda.
(d) Purpose. -- The purpose of this article is to provide for
the development of a leadership and support mechanism for the
community and technical colleges, branches, centers, regional
centers and other delivery sites with a community and technical
college mission to assist them in meeting the essential conditions
and in the step-by-step implementation process for achieving the
goals for community and technical college education as provided for
in article three-c of this chapter and to promote coordination and
collaboration among secondary and post-secondary vocational-
technical-occupational and adult basic education programs as
provided for in this chapter and chapter eighteen of this code. The
focus of this leadership and support mechanism is to encourage
development of a statewide mission to raise education attainment,
increase adult literacy, promote work force and economic development
and ensure access to secondary and post-secondary education for the
citizens of the state while maintaining the local autonomy and flexibility necessary to the success of community and technical
education.
§18B-2B-2. Definitions.
The following words when used in this article have the meaning
hereinafter ascribed to them unless the context clearly indicates
a different meaning:
(a) "Adult basic education" means adult basic skills education
designed to improve the basic literacy needs of adults, including
information processing skills, communication skills and
computational skills, leading to a high school equivalency diploma
under the jurisdiction of the state board of education.
(b) "Post-secondary vocational-technical-occupational
education" means any course or program beyond the high school level
that results in, or may result in, the awarding of a two-year
associate degree, certificate or other credential from an
institution under the jurisdiction of a governing board or other
public or private education provider.
(c) "Secondary vocational-technical-occupational education"
means any course or program at the high school level that results
in, or may result in, a high school diploma or its equivalent under
the jurisdiction of the state board of education.
(d) "Vice chancellor" means the vice chancellor for community
and technical college education and work force development
"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 five
three, article one-b two-b of this chapter. Any reference in this
code to the vice chancellor for community and technical college
education and work force development means the chancellor for
community and technical college education.
(e) "West Virginia council for community and technical college
education" or "council" means the council established pursuant to
section three of this article. On and after the effective date of
this article any Any reference in this code to the joint commission
for vocational-technical-occupational education means the West
Virginia council for community and technical college education.
§18B-2B-3. West Virginia council for community and technical
college education; supervision of chancellor; chief
executive officer.
(a) Effective the first day of July, two thousand one, the West
Virginia joint commission for vocational-technical- occupational
education is reconstituted as the West Virginia council for
community and technical college education. Any reference in this
code to the joint commission for vocational-technical-occupational
education means the West Virginia council for community and
technical college education.
__(a) There is established the West Virginia council for
community and technical college education. The council has all the powers and duties assigned by law to the joint commission for
vocational-technical-occupational education prior to the effective
date of this section and such other powers and duties as may be
assigned by law. or by the commission
(b) The council is subject to the jurisdiction of the
commission established in article one-b of this chapter. The vice
chancellor shall employ a chancellor for community and technical
college education. The chancellor serves as chief executive officer
of the council at the will and pleasure of the council. The
chancellor shall be compensated at a level set by the council not
to exceed eighty percent of the annual salary of the chancellor for
higher education.
__(1) The vice chancellor for community and technical college
education and work force development, as the current chief executive
officer of the council, shall continue in such capacity upon the
effective date of this section, and shall be the chancellor for
community and technical college education.
__(A) The council shall conduct a written performance evaluation
of the chancellor one year after the effective date of this section.
The council shall report the results of the evaluation to the
legislative oversight commission on education accountability during
the legislative interim meeting period following the evaluation.
__(B) After reviewing the evaluation, the council shall make a
determination by vote of its members on continuing employment and compensation level for the chancellor.
__(C) After the initial contract period, the council shall
conduct written performance evaluations of the chancellor annually
and may offer the chancellor a contract of longer term, but not to
exceed three years. At the end of each contract period, the council
shall review the evaluations and make a determination by vote of its
members on continuing employment and level of compensation.
__(D) When a vacancy occurs in the position of chancellor, the
council shall enter into an initial employment contract for one year
with the candidate selected to fill the vacancy. At the end of the
initial period, the council shall make a determination by vote of
its members on continuing employment and compensation level for the
chancellor and shall continue thereafter as set forth in paragraph
(C) of this subdivision.
__(2) The chancellor maintains all benefits of employment held,
accrued and afforded as the vice chancellor for community and
technical college education and workforce development. Such
benefits include, but are not limited to, retirement benefits,
continued membership in the same retirement system, any insurance
coverage and sick and annual leave. For the purposes of leave
conversion established in section thirteen, article sixteen, chapter
five of this code, the chancellor is not a new employee, and the
prohibition on conversion does not apply if the chancellor was
eligible for leave conversion while serving as vice chancellor on the day preceding the effective date of this section. On the
effective date of this section, for the purpose of section thirteen
article sixteen, chapter five of this code, the chancellor:
__(A) Maintains all sick and annual leave accrued, and all rights
to convert the leave that had been accrued as vice chancellor; and
__(B) Continues to maintain his or her status for eligibility
under the provisions and application of said section as applied
while serving as vice chancellor on the day preceding the effective
date of this section.
§18B-2B-4. Appointment, composition and terms of council.
(a) On the effective date of this section, the joint commission
for vocational-technical-occupational education is reconstituted as
the West Virginia council for community and technical college
education and all terms of members appointed by the governor prior
to the effective date of this section expire upon the appointment
by the governor of all the members required to be appointed by this
section.
(b) (a) The council is comprised of eight twelve members
selected as follows:
(1) Three Eight members appointed by the governor, with the
advice and consent of the Senate:
(A) One member shall be appointed from each community and
technical college consortia district as established in this section.
__(B) Prior to appointment, the governor shall interview each candidate to assure that the person selected understands and is
committed to achieving the goals and objectives as set forth in the
institutional compacts and in section one-a, article one of this
chapter. The governor shall invite the president of the Senate, the
speaker of the House of Delegates, the chairs of the Senate and
House of Delegates committees on finance and education and such
other legislative leaders as the governor may determine to
participate in interviewing potential candidates. Each member
appointed to the council by the governor shall represent the public
interest and shall be committed to the legislative intent and goals
set forth in section one-a, article one of this chapter.
__(2) Two members appointed by the governor from a list of six
persons nominated by the president of the Senate: Provided, That
no more than two nominees may be from the same congressional
district and no more than three may be from the same political
party;
(3) Two members appointed by the governor from a list of six
persons nominated by the speaker of the House of Delegates:
Provided, That no more than two nominees may be from the same
congressional district and no more than three may be from the same
political party; and (4)
(2) The chairperson of the West Virginia work force investment
council;
__(3) The executive director of the West Virginia development office, or designee;
__(4) The chair of the higher education policy commission who
serves as an ex officio, nonvoting member of the council; and
__(5) The assistant superintendent for technical and adult
education of the state department of education who serves as an ex
officio, nonvoting member of the council;
(c) The governor may, but is not required to reappoint any
person who was a member of the joint commission immediately prior
to the effective date of this section: Provided, That the
individual selected is otherwise eligible to serve.
(d) (b) All appointed members shall be citizens Any appointed
member shall be a citizen of the state, shall represent the public
interest and shall be persons who understand and be committed to
achieving the goals and objectives set forth in section one-a,
article one of this chapter, the essential conditions for community
and technical college education programs and services set forth in
article three-c of this chapter, and the goals for secondary and
post-secondary vocational-technical-occupational and adult basic
education in the state. The appointed members Any appointed member
shall represent the interests of the business, labor and employer
communities and demonstrate knowledge of the education needs of the
various regions, attainment levels and age groups within the state.
(e) (c) The governor may not appoint any person to be a member
of the council who is an officer, employee or member of an advisory board of any state college or university, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions, an appointee or employee
of any governing board or an immediate family member of any employee
under the jurisdiction of the commission or any governing board.
No individual may An individual may not serve on the council who is
engaged in providing, or employed by a person or company whose
primary function is to provide, workforce development services and
activities. of the members appointed by the governor, no more than
four thereof may belong to the same political party and no more than
three may be appointed from any congressional district.
(f) (d) Members of the council shall serve for staggered terms
of four years. except that of the original appointments, one member
shall be appointed for one year; two members shall be appointed for
two years; two members shall be appointed for three years; and two
members shall be appointed for four years. No member may serve more
than two consecutive full terms nor may any member be appointed to
a term which results in the member serving more than eight
consecutive years. Notwithstanding the provisions of subdivision
(1), subsection (a) of this section, on the effective date of this
section any current member of the council maintains his or her
appointment to the council and continues to serve for the remainder
of the term for which originally appointed. Any additional
appointment required by the provisions of said subdivision shall represent a consortia district not otherwise represented on the
council.
§18B-2B-5. Meetings and compensation.
(a) The vice chancellor shall call the initial meeting of the
council and preside until a chairperson is selected. The members
shall elect a chairperson from among the persons appointed by the
governor. The council shall hold at least eight meetings annually
and may meet more often at the call of the chairperson. One such
meeting shall be a public forum for the discussion of the goals and
standards for workforce development, economic development and
vocational education in the state.
(b) The council shall hold an annual meeting each June for the
purpose of electing officers for the next fiscal year. At the
annual meeting, the council shall elect from its appointed members
a chairperson and other officers as it may consider necessary or
desirable. Provided, That the initial meeting for the purpose of
selecting the first chairperson and other officers shall be held
during July, two thousand one, or as soon thereafter as practicable.
The chairperson and other officers shall be are elected for a
one-year term two-year terms commencing on the first day of July
following the annual meeting. Provided, however, That the terms of
officers elected in July, two thousand one, begin upon election and
end on the thirtieth day of June, two thousand two. The chairperson
of the board may serve no more than two consecutive two-year terms as chair, except that the member serving as chairperson of the
council on the effective date of this section is eligible to serve
a two year term regardless of the number of consecutive terms
already served.
(c) Members of the council shall serve without compensation.
but shall be Members shall be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of their
official duties under this article upon presentation of an itemized
sworn statement of their expenses. except that the An ex officio
member of the council who is an employee of the state shall be is
reimbursed by the employing agency.
(d) A majority of the members appointed constitutes a quorum
for conducting the business of the council. All action taken by the
council shall be by majority vote of the members present.
§18B-2B-6. Powers and duties of the council.
(a) The council has all the powers and duties assigned to the
joint commission prior to the effective date of this article as set
forth in the provisions of section two, article two-b, chapter
eighteen of this code and such other powers and duties as may be
assigned by law or by the commission. Authority granted under that
section to the joint commission as
(a) The council is the sole agency responsible for the
administration of vocational-technical-occupational education and
community and technical college education in the state. is hereby transferred to the council. (b) Under the supervision of the
commission The council has jurisdiction and authority over the
community and technical colleges and the system of community and
technical college education as a whole, including community and
technical college education programs as defined in section two,
article one of this chapter.
__(b) As relates to the authority established in subsection (a)
of this section, the council has the following powers and duties:
(1) Develop, oversee and advance the public policy agenda as
it relates to community and technical college education to address
major challenges facing the state, including, but not limited to,
the goals and objectives found in section one-a, article one of this
chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section nine of this article for the purpose of
accomplishing the mandates of this section;
__(2) Jointly with the commission, develop, oversee and advance
the implementation of a financing policy for higher education in
West Virginia. The policy shall meet the following criteria:
__(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
__(B) Serve to maintain institutional assets, including, but not limited to, human and physical resources and deferred maintenance;
__(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
__(D) Establish for incorporation into the financing policy for
higher education in West Virginia a plan for strategic funding to
strengthen capacity for support of community and technical college
education;
__(3) Create a policy leadership structure relating to community
and technical college education capable of the following actions:
__(A) Developing, building public consensus around and sustaining
attention to a long-range public policy agenda. In developing the
agenda, the council shall seek input from the Legislature and the
governor and specifically from the state board of education and
local school districts in order to create the necessary linkages to
assure smooth, effective and seamless movement of students through
the public education and post-secondary education systems and to
ensure that the needs of public school courses and programs can be
fulfilled by the graduates produced and the programs offered;
__(B) Ensuring that the governing boards of the institutions
under the council's jurisdiction carry out their duty effectively
to govern the individual institutions of higher education; and
__(C) Holding the community and technical college institutions
and the community and technical college system as a whole accountable for accomplishing their missions and implementing the
provisions of the compacts;
__(1) To develop and recommend to the commission
(4) To develop for inclusion in the statewide public agenda,
a plan for raising education attainment, increasing adult literacy,
promoting work force and economic development and ensuring access
to advanced education for the citizens of West Virginia;
(2) (5) To provide statewide leadership, coordination, support,
and technical assistance to the community and technical colleges and
to provide a focal point for visible and effective advocacy for
their work and for the public policy agenda adopted approved by the
commission and council. For the institutions under their
jurisdiction, this responsibility includes, but is not limited to:
(A) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(B) Holding the higher education institutions and the higher
education system as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(3) To review and approve
(6) To review and adopt annually all institutional compacts for
the community and technical colleges prior to their submission to
the commission for final approval pursuant to the provisions of
section two, article one-a of this chapter;
__(4) To consider and submit to the
commission a budget
(7) Serve as the accountability point to:
__(A) The governor for implementation by the community and
technical colleges of their role in advancing the public policy
agenda; and
__(B) The Legislature by maintaining a close working relationship
with the legislative leadership and the legislative oversight
commission on education accountability;
__(8) Jointly with the commission, promulgate a legislative rule
pursuant to article three-a, chapter twenty-nine-a of this code to
fulfill the purposes of section five, article one-a of this chapter;
__(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions;
__(10) Review the progress of community and technical colleges
in every region of West Virginia. The review includes, but is not
limited to, evaluating and reporting annually to the legislative
oversight commission on education accountability on the step-by-step
implementation required in article three-c of this chapter;
__(11) Annually report to the Legislature and to the legislative
oversight commission on education accountability during the January
interim meetings on a date and at a time and location to be
determined by the president of the Senate and the speaker of the
House of Delegates. The report shall address at least the following:
__(A) The performance of the community and technical college
system during the previous fiscal year, including, but not limited
to, progress in meeting goals stated in the compacts and progress
of the institutions and the system as a whole in meeting the goals
and objectives set forth in section one-a, article one of this
chapter;
__(B) The priorities established for capital investment needs
pursuant to subdivision (12) of this subsection and the
justification for such priority;
__(C) Recommendations of the council for statutory changes
necessary to further the goals and objectives set forth in section
one-a, article one of this chapter;
__(12) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments. When the needs have been determined, the council shall
take the following steps:
__(A) Develop a ranked list of the top ten projects for capital
investment for the institutions under its jurisdiction;
__(B) Convey the ranked list to the commission for its
consideration pursuant to subsection (a), section four, article
one-b of this chapter;
(13) Draw upon the expertise available within the governor's
work force investment office and the West Virginia development office as a resource in the area of work force development and
training;
__(14) Acquire legal services as are considered necessary,
including representation of the council, its institutions, employees
and officers before any court or administrative body,
notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the council may, but is not
required to, call upon the attorney general for legal assistance and
representation as provided by law;
__(15) Employ a chancellor for community and technical college
education pursuant to section three of this article;
__(16) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the council consistent with
the provisions of section two, article four of this chapter;
__(17) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the council who are employed
solely by the council;
__(18) Provide suitable offices in Charleston for the chancellor
and other staff;
__(19) Approve the total compensation package from all sources
for presidents of community and technical colleges, as proposed by
the governing boards. The governing boards must obtain approval from
the council of the total compensation package both when presidents are employed initially and subsequently when any change is made in
the amount of the total compensation package;
__(20) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
__(21) Establish and implement policies and programs, jointly
with the community and technical colleges, through which students
who have gained knowledge and skills through employment,
participation in education and training at vocational schools or
other education institutions, or internet-based education programs,
may demonstrate by competency-based assessment that they have the
necessary knowledge and skills to be granted academic credit or
advanced placement standing toward the requirements of an associate
degree or a bachelor's degree at a state institution of higher
education;
__(22) Seek out and attend regional and national meetings and
forums on education and work force development-related topics, as
in the council's discretion is critical for the performance of their
duties as members for the purpose of keeping abreast of community
and technical college education trends and policies to aid it in
developing the policies for this state to meet the established education goals and objectives pursuant to section one-a, article
one of this chapter;
__(23) Assess community and technical colleges for the payment
of expenses of the council or for the funding of statewide services,
obligations or initiatives related specifically to the provision of
community and technical college education;
__(24) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to community
and technical colleges for qualifying noncapital expenditures
incurred in the provision of services to students with physical,
learning or severe sensory disabilities;
__(25) Assume the prior authority of the commission in examining
and approving tuition and fee increase proposals submitted by
community and technical college governing boards as provided in
section one, article ten of this chapter.
(26) Consider and submit to the commission, a single budget for
community and technical college education that reflects recommended
appropriations for community and technical colleges and that:
(A) Includes recommended appropriations;
(B) Considers the progress of each institution toward meeting
the essential conditions set forth in section three, article three-c
of this chapter, including independent accreditation; and
(C) (B) Considers the progress of each institution toward
meeting the goals established in its institutional compact;
(5) To make recommendations to the commission for approval of
the administration and distribution of
(27) Administer and distribute the independently accredited
community and technical college development account;
(6) (28) To design and recommend to the commission Establish
a plan of strategic funding to strengthen capacity for support of
community and technical college education in all areas of the state;
(7) (29) To Foster coordination among all state-level, regional
and local entities providing post-secondary vocational education or
work force development and to coordinate all public institutions and
entities that have a community and technical college mission;
(8) (30) To assume on behalf of the commission Assume the
principal responsibility for overseeing the implementation of the
step-by-step process for achieving independent accreditation and for
meeting the essential conditions pursuant to article three-c of this
chapter;
(9) To participate in the selection of administrative heads of
the community and technical colleges; as directed by the commission
(31) Advise and consent in the appointment of the presidents
of the community and technical colleges pursuant to section six,
article one-b of this chapter. The role of the council in approving
a president is to assure through personal interview that the person
selected understands and is committed to achieving the goals and
objectives as set forth in the institutional compact and in section one-a, article one of this chapter;
__(10) (32) To provide Provide a single, statewide link for
current and prospective employers whose needs extend beyond one
locality;
(11) (33) To provide Provide a mechanism that serves two or
more institutions to facilitate joint problem-solving in areas
including, but not limited to:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across
the state;
(C) Providing one-stop service for workforce training to be
delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and
collaborative ventures;
(12) (34) To provide Provide support and technical assistance
to develop, coordinate, and deliver effective and efficient
community and technical college education programs and services in
the state;
(13) (35) To assist Assist the community and technical colleges
in establishing and promoting links with business, industry and
labor in the geographic areas for which each of the community and
technical colleges is responsible;
(14) (36) To develop Develop alliances among the community and
technical colleges for resource sharing, joint development of courses and courseware, and sharing of expertise and staff
development;
(15) (37) To serve Serve aggressively as an advocate for
development of a seamless curriculum;
(16) (38) To cooperate Cooperate with the governor's P-20
council of West Virginia to remove barriers relating to transfer and
articulation between and among community and technical colleges,
state colleges and universities, and public education, preschool
through grade twelve;
(17) (39) To encourage Encourage the most efficient utilization
of available resources; The council for community and technical
college education is responsible for advising the commission on
these issues and making appropriate recommendations
(16) (40) To assist Coordinate with the commission in informing
public school students, their parents and teachers of the academic
preparation that students need in order to be prepared adequately
to succeed in their selected fields of study and career plans,
including presentation of academic career fairs;
(41) Jointly with the commission, approve and implement a
uniform standard, as developed by the chancellors, to determine
which students shall be placed in remedial or developmental courses.
The standard shall be aligned with college admission tests and
assessment tools used in West Virginia and shall be applied
uniformly by the governing boards throughout the public higher education system. The chancellors shall develop a clear, concise
explanation of the standard which the governing boards shall
communicate to the state board of education and the state
superintendent of schools;
__(40) (42) Develop and implement strategies and curriculum for
providing developmental education which shall be applied by any
state institution of higher education providing developmental
education.
(17) (43) To assist the commission in developing Develop a
statewide system of community and technical college programs and
services in every region of West Virginia for competency-based
certification of knowledge and skills, including a statewide
competency-based associate degree program;
(18) (44) To review Review and approve all institutional master
plans for the community and technical colleges; prior to their
submission to the commission for final approval
(19) (45) To recommend to the commission Establish policies or
rules for promulgation that are necessary or expedient for the
effective and efficient performance of community and technical
colleges in the state;
(46) In its sole discretion, transfer any rule under its
jurisdiction, other than a legislative rule, to the jurisdiction of
the governing boards who may rescind, revise, alter or amend any
rule so transferred pursuant to rules adopted by the council;
__(20) (47) To recommend to the commission a set of Establish
benchmarks and performance indicators to apply to for community and
technical colleges to measure institutional progress toward meeting
the goals as outlined in section one-a, article one of this chapter
and in meeting the essential conditions established in article
three-c of this chapter;
(21) (48) To assist the commission staff in developing a
separate section on community and technical colleges Develop for
inclusion in the higher education report card, as defined in section
eight, article one-b of this chapter, a separate section on
community and technical colleges. This section shall include, but
is not limited to, evaluation of the institutions based upon the
benchmarks and indicators developed in subdivision (20) (47) of this
subsection;
(22) (49) If approved by the commission to facilitate creation
Facilitate continuation of the advantage valley community college
network under the leadership and direction of Marshall community and
technical college
; recommended by the Implementation Board Report
(50) Initiate and facilitate creation of as well as any other
regional networks of affiliated community and technical colleges
that the council finds to be appropriate and in the best interests
of the citizens to be served; if requested by all affected
institutions in that region; as the commission finds to be
appropriate and in the best interests of the citizens to be served
(23) (51) To advise and assist the state board of education and
the commission on Develop with the state board of education state
plans for secondary and post-secondary
vocational-technical-occupational and adult basic education,
including, but not limited to:
(A) Policies to strengthen vocational-technical-occupational
and adult basic education; and
(B) Programs and methods to assist in the improvement,
modernization and expanded delivery of vocational-
technical-occupational and adult basic education programs;
(24) (52) To distribute Distribute federal vocational education
funding provided under the Carl D. Perkins Vocational and Technical
Education Act of 1998, PL 105-332, with an emphasis on the
distribution of distributing financial assistance among secondary
and post-secondary vocational-technical-occupational and adult basic
education programs to help meet the public policy agenda.
In distributing funds the council shall use the following
guidelines:
(A) The board of education shall continue to be the fiscal
agent for federal vocational education funding;
(B) For the fiscal years beginning on the first day of July,
two thousand one and two thousand two, the percentage split of the
federal allocation for vocational education between the West
Virginia board of education and the commission shall remain the same as the percentage split that was distributed to the board of
education and the commission for the fiscal year that began on the
first day of July, two thousand;
(C) For the fiscal year beginning on the first day of July, two
thousand three and thereafter,
(B) The percentage split between the board of education and the
commission council shall be determined by rule promulgated by the
council under the provisions of article three-a, chapter
twenty-nine-a of this code. Provided, That the The council shall
first obtain the approval of the board of education before proposing
a rule;
(25) (53) To collaborate Collaborate, cooperate and interact
with all secondary and post-secondary
vocational-technical-occupational and adult basic education programs
in the state, including the programs assisted under the federal Carl
D. Perkins Vocational and Technical Education Act of 1998, PL
105-332, and the Workforce Investment Act of 1998, to promote the
development of seamless curriculum and the elimination of
duplicative programs;
(26) (54) To coordinate Coordinate the delivery of vocational-
technical-occupational and adult basic education in a manner
designed to make the most effective use of available public funds
to increase accessibility for students;
(27) (55) To analyze Analyze and report to the commission and the West Virginia board of education on the distribution of spending
for vocational-technical-occupational and adult basic education in
the state and on the availability of
vocational-technical-occupational and adult basic education
activities and services within the state;
(28) (56) To promote Promote the delivery of
vocational-technical-occupational education, adult basic education
and community and technical college education programs in the state
which emphasize the involvement of business, industry and labor
organizations;
(29) (57) To promote Promote public participation in the
provision of vocational-technical-occupational education, adult
basic education and community and technical education at the local
level, with an emphasis on emphasizing programs which involve the
participation of local employers and labor organizations;
(30) (58) To promote Promote equal access to quality
vocational-technical-occupational education, adult basic education
and community and technical college education programs to
handicapped and disadvantaged individuals, adults who are in need
of training and retraining, individuals who are single parents, or
homemakers, individuals participating participants in programs
designed to eliminate sexual bias and stereotyping and criminal
offenders serving in correctional institutions;
(31) (59) To meet Meet annually between the months of October and December with the advisory committee of community and technical
college presidents and provosts created pursuant to section eight
of this article to discuss those matters relating to community and
technical college education in which advisory committee members or
the council may have an interest; and
(32) (60) To accept Accept and expend any gift, grant,
contribution, bequest, endowment or other money for the purposes of
this article;
(61) Assume the powers set out in section five, article three
of this chapter. The rules previously promulgated by the state
college system board of directors pursuant to that section and
transferred to the commission are hereby transferred to the council
and shall continue in effect until rescinded, revised, altered or
amended by the council;
__(62) Pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this
chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The council and commission shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
__(63) Determine when a joint rule among the governing boards of
the community and technical colleges is necessary or required by law
and, in those instances and in consultation with the governing boards, promulgate the joint rule;
__(64) Promulgate a joint rule with the commission establishing
tuition and fee policy for all institutions of higher education.
The rule shall include, but is not limited to, the following:
__(A) Comparisons with peer institutions;
__(B) Differences among institutional missions;
__(C) Strategies for promoting student access;
__(D) Consideration of charges to out-of-state students; and
__(E) Such other policies as the commission and council consider
appropriate;
__(65) In cooperation with the West Virginia division of
highways, study a method for increasing the signage signifying
community and technical college locations along the state interstate
highways, and report to the legislative oversight commission on
education accountability regarding any recommendations and required
costs; and
__(66) Implement a policy jointly with the commission whereby any
course credit earned at a community and technical college transfers
for program credit at any other state institution of higher
education and is not limited to fulfilling a general education
requirement.
__(c) In addition to the powers and duties listed in subsections
(a) and (b) of this section, the council has the following general
powers and duties related to its role in developing, articulating and overseeing the implementation of the public policy agenda for
community and technical colleges:
__(1) Planning and policy leadership including a distinct and
visible role in setting the state's policy agenda for the delivery
of community and technical college education and in serving as an
agent of change;
__(2) Policy analysis and research focused on issues affecting
the community and technical college system as a whole or a
geographical region thereof;
__(3) Development and implementation of each community and
technical college mission definition including use of incentive
funds to influence institutional behavior in ways that are
consistent with public priorities;
__(4) Academic program review and approval for the institutions
under its jurisdiction
, including the use of institutional missions
as a template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes;
__(5) Development of budget and allocation of resources for
institutions delivering community and technical college education,
including reviewing and approving institutional operating and
capital budgets and distributing incentive and performance-based
funding;
__(7) Acting as the agent to receive and disburse public funds
related to community and technical college education when a governmental entity requires designation of a statewide higher
education agency for this purpose;
__(8) Development, establishment and implementation of
information, assessment and accountability systems including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators for community and technical colleges;
__(9) Jointly with the commission, development, establishment and
implementation of policies for licensing and oversight of both
public and private degree-granting and nondegree-granting
institutions that provide post-secondary education courses or
programs pursuant to the findings and policy recommendations
to be
determined
as set forth in section eleven, article one-b of this
chapter;
(10) Development, implementation and oversight of statewide and
regionwide projects and initiatives related specifically to
providing community and technical college education
such as those
using funds from federal categorical programs or those using
incentive and performance-based funding from any source; and
__(11) Quality assurance that intersects with all other duties
of the council particularly in the areas of planning, policy
analysis, program review and approval, budgeting and information and
accountability systems.
__(d) The council is authorized to withdraw specific powers of a governing board under its jurisdiction for a period not to exceed
two years if the council makes a determination that:
__(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
__(2) The council has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
__(3) Other circumstances which, in the view of the council,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
__The period of withdrawal of specific powers may not exceed two
years during which time the council is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
__(e) In addition to the powers and duties provided for in
subsections (a) and (b), (c) and (d) of this section and any other
powers and duties as may be assigned to it by law, or by the
commission the council has:
(1) Such other powers and duties as may be necessary or
expedient to accomplish the purposes of this article; and
__(2) All powers, duties and responsibilities directly related
to community and technical colleges and community and technical college education that were vested in the commission prior to the
effective date of this section.
__(f) When the council and commission, each, is required to
consent, cooperate, collaborate or provide input into the actions
of the other:
__(1) The body acting first shall convey its decision in the
matter to the other body with a request for concurrence in the
action;
__(2) The commission or the council, as the receiving body, shall
place the proposal on its agenda and shall take final action within
sixty days of the date when the request for concurrence is received;
and
__(3) If the receiving body fails to take final action within
sixty days, the original proposal stands and is binding on both the
commission and the council.
§18B-2B-7. Powers and duties of the chief executive officer.
(a) The vice chancellor for community and technical college
education is the chief executive officer of the council and as such
may exercise the powers and duties assigned pursuant to subsection
(3), section five, article one-b of this chapter. The vice
chancellor has all powers and duties assigned by law or by the
commission and, in addition by the council. The chancellor has the
following powers and duties:
(1) To serve as the principal accountability point for the commission council for implementation of the public policy agenda
as it relates to community and technical colleges;
(2) To serve on behalf of the commission as the liaison to the
council and to the community and technical colleges;
(3) (2) To assume on behalf of the commission the principal
responsibility for directing and assisting the work of the council;
and
(4) (3) With the approval of the commission and the chancellor
to employ To supervise and direct staff of the council as necessary
and appropriate to carry out the duties and responsibilities of this
article.
(A) On the first day of July, two thousand one effective date
of this section, all personnel employed on the thirtieth day of
June, two thousand one, within the joint commission for
vocational-technical-occupational education are hereby transferred
to the jurisdiction of the commission and are under the direct
supervision of the vice chancellor and the chancellor: Provided,
That by the commission and under the supervision of the vice
chancellor for community and technical college education and
workforce development on the first day of January, two thousand
four, are transferred to the jurisdiction of the council and are
under the direct supervision of the chancellor for community and
technical college education.
__(B) Prior to the first day of October, two thousand one, no employee shall four,
any such employee, including the chief
executive officer of the council, may not be terminated or have his
or her salary or benefit level reduced as the sole result of the
governance reorganization set forth in this article.
__(4) On behalf of the council, the chancellor may enter into
agreements with any state agency or political subdivision of the
state, any state higher education institution or any other person
or entity to enlist staff assistance to implement the powers and
duties assigned to the council by state law.
__(5) The chancellor is responsible for the day-to-day operations
of the council and has the following responsibilities:
__(A) To carry out policy and program directives of the council;
__(B) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section one-a,
article one of this chapter and in the institutional compacts;
__(C) To prepare and submit to the council for its approval the
proposed budget of the council including the office of the
chancellor and necessary staff;
__(D) To assist the governing boards in developing rules, subject
to the provisions of section six, article one of this chapter.
Nothing in this chapter requires the rules of the governing boards
to be filed pursuant to the rule-making procedures provided in
article three-a, chapter twenty-nine-a of this code. The chancellor
is responsible for ensuring that any policy which is required to be uniform across the institutions under the jurisdiction of the
council is applied in a uniform manner; and
__(E) To perform all other duties and responsibilities assigned
by the council or by state law.
__(6) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned
duties and responsibilities.
__(7) The council is the primary advocate for community and
technical college education and, with the chancellor, advises the
Legislature on matters of community and technical college education
in West Virginia. The chancellor shall work closely with the
legislative oversight commission on education accountability and
with the elected leadership of the state to ensure that they are
fully informed about community and technical college education
issues and that the council fully understands the goals for higher
education that the Legislature has established by law.
__(8) The chancellor may design and develop for consideration by
the council new statewide or regional initiatives directly related
to community and technical college education and in accordance with
the goals set forth in section one-a, article one of this chapter
and the public policy agenda.
__(9) The chancellor shall work closely with members of the state
board of education and with the state superintendent of schools to
assure that the following goals are met:
__(A) Development and implementation of a seamless
kindergarten-through-college system of education; and
__(B) Appropriate coordination of missions and programs. To
further the goals of cooperation and coordination between the
council and the state board of education, the chancellor serves as
an ex officio, nonvoting member of the state board of education.
__§18B-2B-8. State advisory committee of community and technical
college presidents.
(a) Effective the first day of July, two thousand one, there
is hereby created There is continued the state advisory committee
of community and technical college presidents. and provosts For the
purposes of this section, the state advisory committee of community
and technical college presidents and provosts shall be is referred
to as the "advisory committee".
(b) Each president or other administrative head of a public
community and technical college, as defined in section four, article
three-c one, article six of this chapter, shall be is a member of
the advisory committee. An administrative head of a component,
branch, center, regional center or other delivery site with a
community and technical college mission may be a member if
considered appropriate.
(c) The vice chancellor serves as chair of the advisory
committee. and shall convene the initial meeting during the month
of July, two thousand one. Thereafter the The advisory committee shall meet at least once each quarter and may meet at such other
times as called by the chair or by a majority of the members.
(d) The advisory committee shall communicate to the council
through the vice chancellor on matters of importance to the group.
and It shall meet annually between the months of October and
December with the council to discuss those matters relating to
community and technical college education in which advisory
committee members or the council may have an interest.
(e) The vice chancellor shall prepare meeting minutes which
shall be made available, upon request, to the public.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
§18B-2C-3. Authority and duty of council to determine progress of
community and technical colleges; conditions;
authority to create West Virginia community and
technical college.
(a) Beginning on the first day of July, two thousand one, and
at least annually thereafter, the commission The council annually
shall review and analyze all the public community and technical
colleges, and any branches, centers, regional centers and or other
delivery sites with a community and technical college mission, to
determine their progress toward meeting the goals and objectives set
forth in section one-a, article one of this chapter and toward
advancing the purposes, goals and objectives set forth in article
three-c of this chapter.
(b) The analysis required in subsection (a) of this section
shall be based, in whole or in part, upon the findings made pursuant
to the rule establishing benchmarks and indicators required to be
promulgated by the commission in section two, article one-a of this
chapter council in section six, article two-b of this chapter.
(c) Based upon their analysis in subsections (a) and (b) of
this section, the commission council shall make a determination
whether any one or more of the following conditions exist exists:
(1) One or more of the component community and technical
colleges required to do so has not achieved or is not making
sufficient, satisfactory progress toward achieving the essential
conditions, including independent accreditation;
(2) One or more of the public community and technical colleges,
branches, centers, regional centers and other delivery sites with
a community and technical college mission requires financial
assistance or other support to meet the goals and essential
conditions set forth in this chapter;
(3) It is in the best interests of the people of the state or
a region within the state to have a single, accredited institution
which can provide an umbrella of statewide accreditation;
(4) It is in the best interests of the people of the state or
a region of the state to have one accredited institution able to
extend accreditation to institutions and entities required to seek
independent accreditation;
(5) One or more of the public community and technical colleges,
branches, centers, regional centers or other delivery sites with a
community and technical college mission requests from the commission
council the type of assistance which can best be delivered through
implementation of the provisions of section four of this article.
Institutional requests that may be considered by the commission
council include, but are not limited to, assistance in seeking
and/or attaining independent accreditation, in meeting the goals for
post-secondary education established in section one-a, article one
of this chapter, in meeting the essential conditions set forth in
section three, article three-c of this chapter, or in establishing
and implementing regional networks.
(6) One or more public community and technical colleges,
branches, centers, regional centers or other delivery sites with a
community and technical college mission has not met, or is not
making sufficient, satisfactory progress toward meeting, the goals
set forth in section one-a, article one of this chapter; and
(7) The council makes a recommendation to the commission
determines that it is in the best interests of the people of the
state or a region of the state to create a statewide, independently
accredited community and technical college.
(d) The commission council may not make a determination subject
to the provisions of subsection (c) of this section that a condition
does not exist based upon a finding that the higher education entity lacks sufficient funds to make sufficient, satisfactory progress.
(e) The commission shall prepare By the first day of December
annually, the council shall prepare and file with the legislative
oversight commission on education accountability a written report
on the findings and determinations required by this section, for the
legislative oversight commission on education accountability by the
first day of December, two thousand one, and each year thereafter
together with a detailed history of any actions taken by the
commission council under the authority of this article.
§18B-2C-4. Authority of council in creating West Virginia
community and technical college.
(a) Subject to the provisions of subsection (c), section three
of this article, if the commission council makes a determination
that one or more of the conditions exists, then the commission
council is authorized to create the West Virginia community and
technical college.
(b) As soon as practicable after the commission council
determines that the college should be created, the commission
council shall notify the governor, the president of the Senate, the
speaker of the House of Delegates and the legislative oversight
commission on education accountability of the proposed actions.
Provided, That the commission The council shall conduct a study
regarding the procedures, findings and determinations considered
necessary prior to any creation of the college and shall report its findings to the legislative oversight commission on education
accountability. no later than the first day of December, two
thousand one: Provided, however, That the commission The council
may not create the college prior to the report being received by the
legislative oversight commission on education accountability.
(c) The commission On or before the first day of December of
the year in which the college is created, the council shall certify
to the legislative oversight commission on education accountability
on or before the first day of December of the year in which the
college is created proposed legislation to accomplish the purposes
of this article for those matters requiring statutory change.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-2. Purposes of article.
The general purposes of this article are the following:
(a) To establish community and technical college education that
is well articulated with the public schools and four-year colleges;
that makes maximum use of shared facilities, faculty, staff,
equipment and other resources; that encourages traditional and
nontraditional students and adult learners to pursue a lifetime of
learning; that serves as an instrument of economic development; and
that has the independence and flexibility to respond quickly to
changing needs;
(b) To charge the respective governing boards with providing
community and technical college education at state institutions of higher education under their jurisdiction that has the
administrative, programmatic and budgetary control necessary to
allow maximum flexibility and responsiveness to district and
community needs. Education services shall be provided consistent
with the goal of sharing facilities, faculty, staff, equipment and
other resources within and among the districts, the other systems
of public and higher education and other education and training
programs;
(c) To establish the essential conditions for community and
technical college programs and services, as defined in section three
of this article, necessary to ensure that each region of West
Virginia is served by a community and technical college meeting the
needs of the people of the region;
(d) To establish a mechanism for assuring that, where
applicable, a transition plan for meeting the essential conditions
is developed by each relevant community and technical college;
(e) To establish responsibility community and technical college
consortia districts for each of the community and technical colleges
to ensure accountability that the full range of community and
technical college education programs and services is provided in all
areas of the state, including the implementation of seamless
curricula and the West Virginia EDGE, "Earn a Degree Graduate Early"
program;
(f) To define the full range of programs and services that every each community and technical college has the responsibility
to provide; and
(g) To establish such other policies and procedures necessary
to ensure that the needs of West Virginia, its people and its
businesses are met for the programs and services that can be
provided through a comprehensive system of community and technical
colleges.
§18B-3C-3. Essential conditions for community and technical
college programs and services.
The Legislature hereby establishes the following essential
conditions for community and technical college programs and
services:
(a) Independent accreditation by the commission on institutions
of higher education higher learning commission of the north central
association of colleges and schools (NCA), by the first day of July,
two thousand five
, reflecting external validation that academic
programs, services, faculty, governance, financing and other
policies are aligned with the community and technical college
mission of the institution. An institution meets this requirement
if on such date the council determines that the institution is on
target to meet independent accreditation status. A community and
technical college continues to share the accreditation of the
sponsoring institution until such time as independent accreditation
is achieved;
(b) A full range of community and technical college services
offered as specified in section six of this article;
(c) Programmatic approval consistent with the provisions of
section nine of this article;
(d) A fee structure competitive with its peer institutions;
(e) Basic services, some of which may be obtained under
contract with existing institutions in the region. These basic
services shall include, but are not limited to, the following:
(1) Student services, including, but not limited to, advising,
academic counseling, financial aid and provision of the first line
of academic mentoring and mediation;
(2) Instructional support services;
(3) Access to information and library services;
(4) Physical space in which courses can be offered;
(5) Access to necessary technology for students, faculty and
mentors;
(6) Monitoring and assessment; and
(7) Administrative services, including, but not limited to,
registration, fee collection and bookstore and other services for
the distribution of learning materials;
(f) A provost president who is the chief academic and
administrative executive officer of the community and technical
college appointed and serving pursuant to the terms of section six,
article one-b of this chapter. The provost shall report president reports directly to the president of the institution and shall have
appropriate direct contact with the institutional board of
governors. It is the responsibility of the board of governors to
provide sufficient time on its agenda for each provost of a
component community and technical college at each meeting for the
president to discuss issues relevant to the mission of the component
community and technical college;
(g) An institutional board of governors or an institutional
board of advisors appointed and serving as required by law;
(h) A full-time core faculty, complemented by persons engaged
through contract or other arrangements, including:
(1) College and university faculty, to teach community college
courses; and
(2) Qualified business, industry and labor persons engaged as
adjunct faculty in technical areas;
(i) A faculty personnel policy, formally established to be
separate and distinct from that of other institutions, which
includes, but is not limited to, appointment, promotion, workload
and, if appropriate, tenure pursuant to section nine of this
article. These policies shall be appropriate for the community and
technical college mission and may not be linked to the policies of
any other institution;
(j) Community and technical colleges designed and operating as
open-provider centers with the authority and flexibility to draw on the resources of the best and most appropriate provider to ensure
that community and technical college services are available and
delivered in the region in a highly responsive manner. A community
and technical college may contract with other institutions and
providers as necessary to obtain the academic programs and resources
to complement those available through a sponsoring college, where
applicable, in order to meet the region's needs;
(k) Separately identified state funding allocations for each
of the community and technical colleges. The provost of the
community and technical college has full
(l) Full budgetary authority for the entity president of the
institution, subject to accountability to its governing board,
including authority to retain all tuition and fees generated by the
community and technical college for use to carry out its mission.
§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. The community and technical
college consortium shall:
(1) Complete a comprehensive assessment of the district to determine what education and training programs are necessary to meet
the short and long-term work force development needs of the
district;
(2) 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 decision making;
(3) Plan and develop a unified effort between the community and
technical colleges and public vocational-technical education to meet
the documented work force development needs of the district through
individual and cooperative programs, shared facilities, faculty,
staff, equipment and other resources and the development and use of
distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the
work force 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 project
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 work force 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 work force investment board in the district and shall participate in any development or amendment to
the regional work force 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 Fairmont state community
and technical college.
(B) Participating institutions include Fairmont state community
and technical college; 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 includes 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
community and technical college.
(B) Participating institutions include eastern West Virginia
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 Shepherd the community and
technical college
of Shepherd.
(B) Participating institutions include Shepherd the community
and technical college of Shepherd
; 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 technology 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:
(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 council shall:
(1) Establish 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) Establish a format for development of a consortium compact
outlining plans for achieving stated goals to be submitted to the
council for approval on or before the fifteenth day of November, two
thousand four.
(g) On or before the fifteenth day of November, two thousand
four, 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, and
be updated annually.
(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.
§18B-3C-5. Appointment of community and technical college
presidents.
The administrative head of a community and technical college
shall be is the president or the provost, who shall be who is chosen
pursuant to the terms of section six, article one-b of this chapter.
Any individual employed as provost of an administratively linked
community and technical college on the first day of January, two thousand four, continues as the administrative head of the
institution and becomes the community and technical college
president on the effective date of this section.
§18B-3C-6. Community and technical college programs.
(a) The mission of each community and technical college
includes the following programs which may be offered on or off
campus, at the work site, in the public schools and at other
locations and at times that are convenient for the intended
population:
(1) Career and technical education skill sets, certificates,
associate of applied science and selected associate of science
degree programs for students seeking immediate employment,
individual entrepreneurship skills, occupational development, skill
enhancement and career mobility;
(2) Transfer education associate of arts and associate of
science degree programs for students whose education goal is to
transfer into a baccalaureate degree program;
(3) Developmental/remedial education courses, literacy
education, tutorials, skills development labs and other services for
students who need to improve their skills in mathematics, English,
reading, study skills, computers and other basic skill areas;
(4) Workforce training and retraining and contract education
with business and industry to train or retrain employees;
(5) Continuing development assistance and education credit and noncredit courses for professional and self-development,
certification and licensure and literacy training;
(6) Community service workshops, lectures, seminars, clinics,
concerts, theatrical performances and other noncredit activities to
meet the cultural, civic and personal interests and needs of the
community; and
(7) Cooperative arrangements with the public school system for
the seamless progression of students through programs of study which
are calculated to begin at the secondary level and conclude at the
community and technical college level.
(b) All administrative, programmatic and budgetary control over
community and technical college education within the district shall
be institution is vested in the president, or provost subject to
rules adopted by the interim governing board or the chancellor. The
president and the provost council. The president with the
institutional board of governors or institutional board of advisors,
as appropriate, shall be is responsible for the regular review,
revision, elimination and establishment of programs within the
district institution to assure that the needs of the district for
community and technical college programs consortia district are met.
It is the intent of the Legislature that the program review and
approval process for community and technical college education be
separate and distinct from baccalaureate education and subject to
the provisions of section nine of this article. The president and institutional board of advisors shall seek assistance from and
utilize a district consortium committee in fulfilling this
responsibility.
(c) Independently accredited community and technical colleges
will shall serve as higher education centers for their regions by
brokering with colleges, universities and other providers, in state
and out of state, to ensure the coordinated access of students,
employers and other clients to needed programs and services.
§18B-3C-8. Process for achieving independently accredited
community and technical colleges.
(a) Over a six-year period beginning the first day of July, two
thousand one, West Virginia shall move from having "component"
community and technical colleges to having By the first day of July,
two thousand five, West Virginia shall have a statewide network of
independently accredited community and technical colleges serving
every region of the state. This section does not apply to the
freestanding community and technical colleges or West Virginia
university at Parkersburg. and Potomac state college of West
Virginia university.
(b) To be eligible for funds appropriated to develop
independently accredited community and technical colleges, a state
institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact approved
by the council and the commission a step-by-step plan with measurable benchmarks for developing an independently accredited
community and technical college that meets the essential conditions
set forth in section three of this article;
(2) That it is able to offer evidence annually to the
satisfaction of the council and the commission that it is making
progress toward accomplishing the benchmarks established in its
institutional compact for developing an independently accredited
community and technical college; and
(3) That it has submitted an expenditure schedule approved by
the council and the commission which sets forth a proposed plan of
expenditures for funds allocated to it from the fund.
(c) The following are recommended strategies for moving from
the current arrangement of "component" community and technical
colleges to the legislatively mandated statewide network of
independently accredited community and technical colleges serving
every region of the state. The Legislature recognizes that there
may be other means to achieve this ultimate objective; however, it
is the intent of the Legislature that the move from the current
arrangement of "component" community and technical colleges to the
legislatively mandated statewide network of independently accredited
community and technical colleges serving every region of the state
shall be accomplished. The following recommendations are designed
to reflect significant variations among regions and the potential
impacts on the sponsoring institutions.
(1) New River community and technical college. -- of Bluefield
state college
(A) Bluefield state shall retain its existing mission but place
greater emphasis and priority on its community and technical college
role and serving the citizens of its expanded service district.
Subject to the provisions of section twelve of this article, the
community and technical college will remain administratively linked
to Bluefield state college. Nothing herein may be construed to
require Bluefield state college to discontinue any associate degree
program in areas
of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution.
(B) Effective the first day of July, two thousand three, the
component formerly known as Bluefield state community and technical
college shall become a
(A) There is continued the multicampus entity known as New
River community and technical college, administratively linked to
Bluefield state college. The multicampus community and technical
college shall serve Raleigh, Summers, Fayette, Greenbrier, Clay,
Mercer, McDowell, Monroe, Nicholas, Pocahontas, and Webster counties
and be is headquartered in the Beckley higher education center and
incorporates the campuses of Greenbrier community college center of
New River community and technical college and Nicholas community college center of New River community and technical college. The
West Virginia council for community and technical college education
New River community and technical college shall be an independently
accredited community and technical college. The council shall
appoint an institutional board of advisors, pursuant to section one,
article six of this chapter, for New River community and technical
college which is separate from the institutional board of governors
of Bluefield state college. The board of advisors shall become the
board of governors pursuant to section one, article two-a of this
chapter when the institution achieves independent accreditation.
_____________(B) Bluefield state college may continue associate degree
programs in areas
of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided through
direct coordination with a baccalaureate institution.
Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the council and
the governing board of the sponsoring institution. The final
contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
_____________(C)
Bluefield state college may continue the associate of
science degree in nursing which is an existing nationally accredited
associate degree program in an area of particular institutional
strength and which is closely articulated to the baccalaureate
program and mission. The program is of a high-cost nature and can
best be provided through direct administration by a baccalaureate
institution. This program may not be transferred to New River
community and technical college or any other community and technical
college as long as the program maintains national accreditation and
is seamlessly coordinated into the baccalaureate program at the
institution.
_____________(C) Bluefield state college shall take immediate steps to seek
independent accreditation of
(B) By the first day of July, two thousand five, New River
community and technical college including all sites within its
revised service district shall be independently accredited. The
president and the board of governors of Bluefield state college are
responsible for obtaining independent accreditation of the community
and technical college. by the thirty-first day of December, two
thousand four If the multi-campus entity known as New River
community and technical college has not obtained independent
accreditation by this date, the commission council shall choose one
of the following options:
(i) Create New River as a freestanding community and technical
college; or
(ii) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
(D) (C) The president and the board of governors of Bluefield
state college also are accountable to the commission council for
ensuring that the full range of community and technical college
services is available throughout the region and that New River
community and technical college adheres to the essential conditions
pursuant to section three of this article.
(E) (D) As an independently accredited community and technical
college, New River also shall serve as a higher education center for
its region by brokering with other colleges, universities and other
providers, in state and out of state, both public and private, to
ensure the coordinated access of students, employers and other
clients to needed programs and services.
(F) (E) New River community and technical college shall
facilitate participate in the planning and development of a unified
effort involving multiple providers and facilities, including, but
not limited to, Concord college, the college of West Virginia,
Marshall university, West Virginia university, West Virginia
university institute of technology, and other entities to meet the
documented education and work force development needs in the region.
Nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between the college of
West Virginia mountain state university, West Virginia university
institute of technology and West Virginia university. New River
community and technical college also shall provide the facilities
and support services for other public and private institutions
delivering courses, programs and services in Beckley. The objective
is to assure students and employers in the area that there is
coordination and efficient use of resources among the separate
programs and facilities, existing and planned, in the Beckley area.
(2) Fairmont state community and technical college. -- Fairmont
state community and technical college shall be is an independently
accredited community and technical college. serving Marion,
Doddridge, Barbour, Harrison, Monongalia, Preston, Randolph Taylor,
Braxton, Calhoun, Gilmer, Lewis, and Upshur counties. The community
and technical college is developed on the base of the existing
component community and technical college of Fairmont state college.
Subject to the provisions of this section, the president and the
governing board of Fairmont state college are responsible, according
to a plan approved by the commission council, for step-by-step
implementation of the independently accredited community and
technical college which adheres to the essential conditions pursuant
to section three of this article. Subject to the provisions of
section twelve of this article, the community and technical college
will remain administratively linked to Fairmont state college. Nothing herein may be construed to require Fairmont state college
to discontinue any associate degree program Fairmont state college
may continue associate degree programs in areas of particular
institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the council and the governing board of the
sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the
benchmarks, the program shall thereafter be delivered by the
community and technical college.
(3) Marshall university community and technical college. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia university institute of technology. Pursuant to the recommendation of the
implementation board and of the commission, Marshall university
community and technical college shall become is an independently
accredited community and technical college. It shall serve Cabell,
Kanawha, Mason, Putnam and Wayne counties. The new community and
technical college is developed on the base of the existing component
community and technical college of Marshall university. Subject to
the provisions of this section, the president and the governing
board of Marshall university are responsible, according to a plan
approved by the commission council, for step-by-step implementation
of the new independently accredited community and technical college
which adheres to the essential conditions pursuant to section three
of this article. Subject to the provisions of section twelve of
this article, the community and technical college will remain
administratively linked to Marshall university. Nothing herein may
be construed to require Marshall university to discontinue any
associate degree program Marshall university may continue associate
degree programs in areas of particular institutional strength which
are closely articulated to their baccalaureate programs and missions
or which are of a high-cost nature and can best be provided in
direct coordination with a baccalaureate institution.
Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final
contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(4) Shepherd The community and technical college of Shepherd
.
-- Shepherd The community and technical college
of Shepherd
shall
become an independently accredited community and technical college.
It shall serve Jefferson, Berkeley and Morgan counties. The new
community and technical college is developed on the base of the
existing component community and technical college of Shepherd
college. Subject to the provisions of this section, the president
and the governing board of Shepherd college are responsible,
according to a plan approved by the commission council, for
step-by-step implementation of the new independently accredited
community and technical college which adheres to the essential
conditions pursuant to section three of this article. Subject to
the provisions of section twelve of this article, the community and
technical college will remain administratively linked to Shepherd
college. Nothing herein may be construed to require Shepherd
college to discontinue any associate degree program Shepherd college
may continue associate degree programs in areas of particular institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution. Any such program shall be delivered
under the authority of the council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the council and the governing board of the
sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the
benchmarks, the program shall thereafter be delivered by the
community and technical college.
(5) West Virginia state community and technical college. --
Senate Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia university
institute of technology. Pursuant to the recommendation of the
implementation board and of the commission, West Virginia state
community and technical college shall become an independently accredited community and technical college. It shall serve Kanawha,
Putnam and Clay counties. The new community and technical college
is developed on the base of the existing component community and
technical college of West Virginia state college. Subject to the
provisions of this section, the president and the governing board
of West Virginia state college are responsible, according to a plan
approved by the commission council, for step-by-step implementation
of the new independently accredited community and technical college
which adheres to the essential conditions pursuant to section three
of this article. Subject to the provisions of section twelve of
this article, the community and technical college will remain
administratively linked to West Virginia state college. Nothing
herein may be construed to require West Virginia state college to
discontinue any associate degree program West Virginia state college
may continue associate degree programs in areas of particular
institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a
baccalaureate institution.
Any such program shall be delivered
under the authority of the council and through contract with the
community and technical college. The terms of the contract shall
be negotiated between the council and the governing board of the
sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the
benchmarks, the program shall thereafter be delivered by the
community and technical college.
(6) West Virginia university institute of technology. -- Senate
Bill 653 created an implementation board charged with the
responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the
citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia university
institute of technology. Pursuant to the recommendation of the
implementation board and of the commission The community and
technical college at West Virginia university institute of
technology community and technical college shall become is an
independently accredited community and technical college. It shall
serve Fayette, Clay, Kanawha, Raleigh and Nicholas counties. The
new community and technical college is developed on the base of the
existing component community and technical college of West Virginia
university institute of technology. Subject to the provisions of
this section, the president and the governing board of West Virginia
university institute of technology are responsible, according to a
plan approved by the commission, for step-by-step implementation of the new independently accredited community and technical college
which adheres to the essential conditions pursuant to section three
of this article. Subject to the provisions of section twelve of
this article, the community and technical college will remain
administratively linked to West Virginia university institute of
technology. Nothing herein may be construed to require West
Virginia university institute of technology to discontinue any
associate degree program West Virginia university institute of
technology may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the contract
shall be negotiated between the council and the governing board of
the sponsoring institution. The final contract is approved by the
council. Such a program shall be evaluated according to the
benchmarks and indicators for community and technical college
education developed by the council. If the council determines that
the program is making insufficient progress toward accomplishing the
benchmarks, the program shall thereafter be delivered by the
community and technical college.
_____________(d) For each administratively linked community and technical college which fails to achieve independent accreditation by the
first day of July, two thousand five,
the council shall choose one
of the following options:
_____________(1) Create the administratively linked institution as a
freestanding community and technical college; or
_____________(2) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
_____________The president and the board of governors of each sponsoring
institution is accountable to the council for ensuring that the
community and technical college is able to meet the conditions for
independent accreditation and adheres to the essential conditions
pursuant to section three of this article.
§18B-3C-9. Increasing flexibility for community and technical
colleges.
(a) Notwithstanding any rules or procedures of the governing
boards to the contrary, the community and technical colleges have
the authority and the duty to:
(1) Incorporate the most effective and efficient use of
technology in accessing and delivering courses and programs in order
to make the best use of available resources and to control costs;
(2) Incorporate a model to offer occupational program curricula
in smaller modules to accommodate specific student and employer
needs and to gain sufficient flexibility in formatting courses;
(3) Serve as a facilitator for education programs from outside delivery sources to meet the needs of the residents and employers
of the district; and
(4) Employ faculty in the most effective manner to serve the
core mission of the community and technical college.
(A) To that end, the freestanding community and technical
colleges may employ faculty for an indefinite period without a grant
of tenure and shall work toward a staffing goal of no more than
twenty percent of the faculty holding tenure or being tenure-track
employees. Provided, That tenured Tenured faculty employed by the
freestanding community and technical colleges before the first day
of July, one thousand nine hundred ninety-nine, shall not be are not
affected by this provision.
(B) All community and technical colleges, other than those set
forth in paragraph (A) of this subdivision, may employ faculty for
an indefinite period without a grant of tenure. The immediate goal
is to use this provision as a tool to assist the community and
technical colleges in meeting the essential conditions provided for
in section three of this article and in gaining independent
accreditation status. The ultimate goal is to provide the
flexibility community and technical colleges need to meet the needs
of the state by working toward having no more than twenty percent
of the core faculty holding tenure or being tenure-track employees.
Provided, That tenured Tenured faculty employed by community and
technical colleges other than freestanding community and technical colleges on the effective date of this section the thirtieth day of
June, two thousand, may not be affected by this provision.
Provided, however, That tenure shall Tenure may not be denied to a
faculty member solely as a result of change in employing institution
necessitated by the change to independently accredited community and
technical colleges.
(b) The governing boards shall adopt a model of program
approval for the community and technical colleges that permits
occupational programs to be customized to meet needs without
requiring approval by any governing board or other agency of
government. and, furthermore, that incorporates The model shall
incorporate a post-audit review of such programs on a three-year
cycle to determine the effectiveness of such the programs in meeting
district needs.
(c) The interim governing board or the chancellor council shall
promulgate rules to implement the provisions of this section and
shall file these rules for review and approval with the chancellor
no later than the first day of December, two thousand four.
§18B-3C-10. Freestanding community and technical colleges; tuition
and fees.
(a) During the transition year, beginning the first day of
July, two thousand, and ending the thirtieth day of June, two
thousand one, the appropriate governing board may fix tuition and
establish and set such other fees to be charged students at community and technical colleges as it considers appropriate and
shall pay such tuition and fees collected into a revolving fund for
the partial or full support, including the making of capital
improvements, of any community and technical college. Funds
collected at any such community and technical college may be used
only for the benefit of that community and technical college. The
appropriate governing board also may establish special fees for such
purposes as, including, but not limited to, health services, student
activities, student recreation, athletics or any other
extracurricular purposes. Such special fees shall be paid into
special funds in the state treasury and used only for the purposes
for which collected.
(b) Beginning on the first day of July, two thousand one, the
appropriate
(a) Each governing board may fix tuition and establish and set
such other fees to be charged students at its community and
technical colleges college as it considers appropriate, subject to
the provisions of subdivision (2) of this subsection and article
ten, chapter eighteen-b of this code.
(1) As used in this subsection, "appropriate governing board"
means:
(A) The governing board of the institution, in the case of a
free-standing community and technical college; and
__(B) The governing boards of Glenville state college and Bluefield state college, respectively, in the cases of Glenville
community and technical college and Bluefield community and
technical college; and
(C) The institutional board of advisors in all other cases.
(2) (1) The appropriate governing board, in consultation with
the joint commission council, also may establish special fees for
such purposes as, including, but not limited to, health services,
student activities, student recreation, athletics or any other
extracurricular purposes. Provided, That the joint commission The
council shall determine which fees, if any, do not apply to the
entire student population and to which students such fees do not
apply. Such special fees may be used only for the purposes for
which collected.
(3) (2) A community and technical college may contract with any
other state institution of higher education for the participation
of its students in programs, activities or services of the other
institution and for the use of such fees collected.
(c) (b) All tuition and fee charges in the total aggregate
shall comply with the terms of the institution's compact approved
by the commission council, based on peer comparisons or cost of
instruction as set forth in the goals for post-secondary education
pursuant to section one-a, article one of this chapter.
§18B-3C-12. Relationship between administratively linked community
and technical colleges and sponsoring institutions.
(a) Intent and purposes. --
(1) It is the intent of the Legislature to establish community
and technical colleges in every region of the state of West Virginia
that as far as possible that meet the essential conditions of
section three of this article.
(2) The Legislature finds that, in order to increase
efficiency, reduce costs and, generally, to facilitate the effective
transition from community and technical colleges which are
components of existing institutions of higher education to community
and technical colleges which meet as far as possible the essential
conditions, it is appropriate to maintain an administrative link
between the community and technical colleges and the sponsoring
institutions.
(3) This section defines the relationship between the an
administratively linked community and technical colleges college and
its sponsoring institution.
(b) Where an independently accredited community and technical
colleges are is linked administratively to a sponsoring state
college or university in order to ensure efficient use of limited
resources, the following conditions shall apply:
(1) The community and technical college shall be accredited
separately from the sponsoring institution;
(2) All state funding allocations for the community and technical college shall be transferred directly to the community and
technical college. The sponsoring institution may charge fees for
administrative overhead costs subject to a schedule approved by the
commission council.
(A) By the first day of December, two thousand four, the
council shall develop a new model, or select an existing model, for
services to be provided by sponsoring institutions and the fees to
be charged administratively linked community and technical colleges
for the services. The fee schedule shall be based upon the
reasonable and customary fee for any service and shall bear a
rational relationship to the cost of providing the service. Nothing
in this paragraph requires the council to adopt a particular model
for service delivery.
_____(B)
With the approval of the council, a community and technical
college and the sponsoring institution may customize the model to
fit their needs;
(3) Policies shall be formally established to ensure the
separation of academic and faculty personnel policies of the
community and technical college from those of the sponsoring
institution. These policies include, but are not limited to,
appointment, promotion, workload and, if appropriate, tenure; and
_____(4) The council may authorize a community and technical college
to decline any service of the sponsoring institution provided in
subsection (c) of this section if the council determines that the service is not appropriate for the community and technical college,
or that declining the service is in the best interest of the
community and technical college. Any service declined may be
obtained from an alternate source with the approval of the council.
If the community and technical college elects to obtain services
from an alternate source, all provisions, except subsection (f),
section one, article seven of this chapter shall apply.
(c) The sponsoring institution which is administratively linked
to a community and technical college shall provide the following
services:
(1) Personnel management;
(2) Recordkeeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Such other services as determined to be necessary and
appropriate by the commission council.
(d) Subject to the approval of the appropriate governing board,
the president of the sponsoring institution, pursuant to the terms
of section six, article one-b of this chapter, shall appoint the
presidents The institutional governing board shall appoint the president of the community and technical college, who shall serve
serves at the will and pleasure of the institutional president
governing board. Subject to the provisions of section six, article
one-b of this chapter, the appropriate governing board shall appoint
the president of the sponsoring institution.
(e) The governing board and the president of the sponsoring
institution shall be council are responsible for the step-by-step
development of the community and technical college and for
compliance with the essential conditions, all as required by this
article.
(f) The president of the sponsoring institution shall have
community and technical college has such responsibilities, powers
and duties in the development of the community and technical college
and in compliance with the essential conditions, as directed by the
governing board or as are necessary for the proper implementation
of the provisions of this act.
(g) Notwithstanding any other provision of this code to the
contrary, the commission shall take necessary steps to ensure that
institutional bonded indebtedness is secure and that each
administratively linked community and technical colleges assume
their college assumes its fair share of any institutional debt
acquired while they were it was part of the baccalaureate
institution.
(h) The community and technical college is encouraged to secure academic services from the sponsoring institution when it is in the
best interests of the students to be served, the community and
technical college and the sponsoring institution. In determining
whether or not to secure services from the sponsoring institution,
the community and technical college shall consider the following:
(1) The cost of the academic services;
(2) The quality of the academic services;
(3) The availability, both as to time and place, of the
academic services; and
(4) Such other considerations as the community and technical
college finds appropriate taking into account the best interests of
the students to be served, the community and technical college, and
the sponsoring institution. Provided, That, nothing in this article
shall be construed to prohibit Nothing in this article prohibits any
state institution of higher education from purchasing or brokering
remedial and/or or developmental courses from a community and
technical college.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Employment of chancellors; designation of staff; offices.
(a) At its annual meeting in June of each year, each governing
board shall elect from its members appointed by the governor a
president and other officers as it may consider necessary or
desirable: Provided, That the initial annual meeting shall be held
during July, one thousand nine hundred eighty-nine. The president and other officers shall be elected for a one-year term commencing
on the first day of July following the annual meeting and ending on
the thirtieth day of June of the following year. The president of
the board shall serve no more than two consecutive terms.
(b) Each governing board shall employ a chancellor who shall
serve at the will and pleasure of the employing board and shall
assist the governing board in the performance of its duties and
responsibilities. No
(a) The council and commission each shall employ a chancellor
to assist in the performance of their respective duties and
responsibilities subject to the following conditions:
______________(1) Each chancellor serves at the will and pleasure of the
hiring body.
______________(2) Neither chancellor may hold or retain any other
administrative position within the system of higher education while
employed as chancellor.
(3) Each chancellor is responsible for carrying out the
directives of the governing board by which he or she is body by whom
employed and shall work with the board that body in developing
policy options.
______________(4) The commission shall designate a limited number of
positions that are under the direct control and supervision of the
chancellor for higher education. These positions form the nuclear
staff of the chancellor's office and may equal no more than twenty-five percent of the total number of staff employed by the
commission.
______________Nevertheless, regardless of the number or title of the
positions so designated, the commission is responsible to the
council and the chancellor for community and technical college
education for providing services in areas essential to exercising
the powers and duties assigned to the council by law. These areas
include, but are not limited to, legal services, research,
technology, computing, finance and facilities, academic affairs,
telecommunications, human resources, student services and any other
general areas the council considers to be essential to the exercise
of its legal authority. The services are provided under the general
supervision of the vice chancellor for administration.
______________(5) For the purpose of developing or evaluating policy
options, the chancellors may request the assistance of the
presidents and other administrative heads of the institutions under
their jurisdiction and their staffs. The respective chancellors
shall jointly agree to and shall hire one senior administrator who
shall serve at their will and pleasure in accordance with section
two of this article. and staff of the institutions under their
respective jurisdictions.
______________(b) In addition to the staff positions designated in
subdivision (4), subsection (a) of this section, the vice chancellor
for administration, employed pursuant to section two of this article, serves the offices of the chancellors to discharge jointly
the duties and responsibilities of the council and commission.
(c) The vice chancellor for health sciences shall coordinate
the West Virginia university school of medicine, the Marshall
university school of medicine and the West Virginia school of
osteopathic medicine.
(d) Suitable offices for the senior administrator vice
chancellor of administration and other staff shall be provided in
Charleston.
(e) The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall establish a plan and funding recommendations
for development and implementation of a multifaceted instructional
technology strategy that includes, but is not limited to, a goal
that every full-time freshman student beginning in the fall
semester, one thousand nine hundred ninety-six, and thereafter, and
as many other students and faculty as possible will own or lease a
computer, and alternatively that computers be available for
part-time students through on-site labs; the integration of computer
usage into all course work; the involvement of faculty in the
development and use of technology-based instruction and
instructional courseware for community and technical colleges,
colleges and universities; and the expansion of distance learning
and technology networks throughout the higher education systems to enhance teaching and learning, promote access to quality educational
offerings with minimum duplication of effort, increase the delivery
of instruction to nontraditional students, provide services to
business and industry, and increase the management capabilities of
the higher education system. The chancellors shall submit the plan
to the Legislature on or before the first day of July, one thousand
nine hundred ninety-seven.
The chancellor of the university of West Virginia board of
trustees and the chancellor of the board of directors of the state
college system shall supervise the administration, oversight,
coordination and implementation of the plan, or portions of the
plan, subject to the availability of funds and the direction of the
governing boards. In addition, the chancellors shall review all
technology related matters within the department of education and
the arts and suggest appropriate integration and compatibility of
the technology systems within the department and the institutions
governed by the board.
(f) The governing boards shall jointly employ a vice
chancellor for community and technical education pursuant to the
provisions of section three-a, article three of this chapter.
§18B-4-2. Employment of vice chancellor for administration;
office; powers and duties generally.
(a) With the approval of The commission the chancellor for
higher education shall employ the vice chancellor for administration who shall serve at the will and pleasure of the chancellor.
By and
with the advice and consent of the council, the commission shall
employ a vice chancellor for administration who may not be dismissed
without the consent of the council
:
__(1) The individual serving as vice chancellor for
administration on the effective date of this section may continue
to serve on an interim basis until the commission and the council
have agreed, jointly, on a candidate to fill the position;
__(2) The interim vice chancellor for administration may be
considered as a candidate for the position;
__(3) The position shall be filled on a permanent basis no later
than the first day of October, two thousand five; and
__(4) Any vacancy occurring in this position shall be filled
pursuant to the requirements of this section.
__(b) Any reference in this chapter or chapter eighteen-c of this
code to the senior administrator means the vice chancellor for
administration. which senior administrator shall become the vice
chancellor of administration and also shall serve as interim
chancellor for higher education until a chancellor is employed
pursuant to section five, article one-b of this chapter.
(b) (c) The vice chancellor for administration has a
ministerial duty, in consultation with and under direction of the
chancellor chancellors, to perform such functions, tasks and duties
as may be necessary to carry out the policy directives of the council and commission and such other duties as may be prescribed
by law.
(c) (d) The vice chancellor for administration may employ and
discharge, and shall supervise such professional, administrative,
clerical and other employees as may be necessary to these duties and
shall delineate staff responsibilities as considered desirable and
appropriate. It is the responsibility of the vice chancellor for
administration, within the parameters of the total resources
available, to supervise and direct the staff in such a way that the
staff and resource needs of the council, the commission and the
offices of the chancellors are met. The vice chancellor for
administration shall fix the compensation and emoluments of such
employees: Provided, That those employees
__(e) Any employee of the commission or the council whose job
duties meet criteria listed in the system of job classifications as
stated in article nine of this chapter shall be is accorded the job
title, compensation and rights established in the article as well
as all other rights and privileges accorded classified employees by
the provisions of this code.
(d) (f) Effective on the first day of July, two thousand, the
The office of the senior administrator vice chancellor of
administration and all personnel, except for the chancellor for
community and technical college education and staff transferred to
the jurisdiction of the council pursuant to subsection (a), section seven, article two-b of this chapter, who are employed on the
thirtieth day of June first day of January, two thousand four,
within the higher education central office and the West Virginia
network for educational telecomputing, and the offices of the
chancellor of the board of trustees and the chancellor of the board
of directors shall be transferred to the jurisdiction of the
chancellor for higher education: Provided, That prior remain under
the jurisdiction of the commission. Prior to the first day of
October, two thousand no employee shall four, any such employee may
not be terminated or have his or her salary and benefit levels
reduced as the sole result of the governance reorganization that
becomes effective on the first day of July, two thousand higher
education reorganization that occurs on the effective date of this
section.
(e) (g) The vice chancellor for administration shall follow
state and national education trends and gather data on higher
education needs.
(f) (h) The vice chancellor for administration, in accordance
with established guidelines and in consultation with and under the
direction of the chancellor chancellors, shall administer, oversee
or monitor all state and federal student assistance and support
programs administered on the state level, including those provided
for in chapter eighteen-c of this code.
(g) (i) The vice chancellor for administration has a fiduciary responsibility to administer the tuition and registration fee
capital improvement revenue bond accounts of the governing boards.
(h) (j) The vice chancellor for administration shall administer
the purchasing system or systems of the council and commission, the
office of the chancellor offices of the chancellors and the
governing boards. Provided, That the chancellor By mutual
agreement, the commission and the council may delegate authority for
the purchasing systems or portions thereof to the institution
presidents.
(i) (k) The vice chancellor for administration is responsible
for the management of the West Virginia network for educational
telecomputing (WVNET). The vice chancellor for administration shall
establish a computer advisory board, which shall be representative
of higher education and other users of the West Virginia network for
educational telecomputing as the chancellor for higher education
commission and council determines determine appropriate. It is the
responsibility of the computer advisory board to recommend to the
chancellor commission and the council policies for a statewide
shared computer system.
(j) (l) The central office, under the direction of the vice
chancellor for administration, shall provide necessary staff support
to the commission, and the office of the chancellor the council and
offices of the chancellors.
(k) (m) Effective on the first day of July, two thousand the The vice chancellor for administration may administer any program
or service authorized or required to be performed by the board of
trustees or the board of directors on the thirtieth day of June, two
thousand, and not specifically assigned to another agency. In
addition, the vice chancellor for administration may administer any
program or service authorized or required to be performed by the
commission, or the chancellor for higher education council or
chancellors, but not assigned specifically to the commission, or the
chancellor council or chancellors. Any such program or service may
include, but shall not be is not limited to, telecommunications
activities and other programs and services provided for under grants
and contracts from federal and other external funding sources.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-4. Purchase or acquisition of materials, supplies,
equipment, services and printing.
(a) The council, commission and each governing board, through
the vice chancellor for administration, shall purchase or acquire
all materials, supplies, equipment, services and printing required
for that governing board or the council or commission, as
appropriate, and the state institutions of higher education under
their jurisdiction. The commission and council jointly shall adopt
rules governing and controlling acquisitions and purchases in
accordance with the provisions of this section. The rules shall
assure that the council, commission and the governing boards:
(1) Do not preclude any person from participating and making
sales thereof to the governing board or to the council or commission
except as otherwise provided in section five of this article.
Provision of consultant services such as strategic planning services
will not preclude or inhibit the governing boards, or the council
or commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services;
(2) Establish and prescribe specifications, in all proper
cases, for materials, supplies, equipment, services and printing to
be purchased;
(3) Adopt and prescribe such purchase order, requisition or
other forms as may be required;
(4) Negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market or
through other accepted methods of governmental purchasing as may be
practicable in accordance with general law;
(5) Advertise for bids on all purchases exceeding twenty-five
thousand dollars, to purchase by means of sealed bids and
competitive bidding or to effect advantageous purchases through
other accepted governmental methods and practices;
(6) Post notices of all acquisitions and purchases for which
competitive bids are being solicited in the purchasing office of the
specified institution involved in the purchase, at least two weeks prior to making such purchases and ensure that the notice is
available to the public during business hours;
(7) Provide for purchasing in the open market;
(8) Make provision Provide for vendor notification of bid
solicitation and emergency purchasing; and
(9) Provide that competitive bids are not required for
purchases of five twenty-five thousand dollars or less; and
__(10) Provide for not fewer than three bids where bidding is
required. If fewer than three bids are submitted, an award may be
made from among those received.
(b) The council, commission or each governing board, through
the vice chancellor for administration, may issue a check in advance
to a company supplying postage meters for postage used by that
board, the council or commission and by the state institutions of
higher education under their jurisdiction.
(c) When a purchase is to be made by bid, any or all bids may
be rejected. However, all purchases based on advertised bid
requests shall be awarded to the lowest responsible bidder taking
into consideration the qualities of the articles to be supplied,
their conformity with specifications, their suitability to the
requirements of the governing boards, the council or commission and
delivery terms. The preference for resident vendors as provided in
section thirty-seven, article three, chapter five-a of this code
apply to the competitive bids made pursuant to this section.
(d) The governing boards, council and the commission shall
maintain a purchase file, which shall be a public record and open
for public inspection. After the award of the order or contract,
the governing boards, council and the commission shall indicate upon
the successful bid that it was the successful bid and shall further
indicate why bids are rejected and, if the mathematical low vendor
is not awarded the order or contract, the reason therefor. No
records A record in the purchase file may not be destroyed without
the written consent of the legislative auditor. Those files in
which the original documentation has been held for at least one year
and in which the original documents have been reproduced and
archived on microfilm or other equivalent method of duplication may
be destroyed without the written consent of the legislative auditor.
All files, no matter the storage method, shall be open for
inspection by the legislative auditor upon request.
(e) The commission and council also jointly shall adopt rules
to prescribe qualifications to be met by any person who is to be
employed as a buyer pursuant to this section. These rules shall
require that no a person may not be employed as a buyer unless that
person, at the time of employment, either is:
(1) A graduate of an accredited college or university; or
(2) Has at least four years' experience in purchasing for any
unit of government or for any business, commercial or industrial
enterprise.
(f) Any person making purchases and acquisitions pursuant to
this section shall execute a bond in the penalty of fifty thousand
dollars, payable to the state of West Virginia, with a corporate
bonding or surety company authorized to do business in this state
as surety thereon, in form prescribed by the attorney general and
conditioned upon the faithful performance of all duties in
accordance with this section and sections five through eight,
inclusive, of this article and the rules of the interim governing
board and the council and commission. In lieu of separate bonds for
such buyers, a blanket surety bond may be obtained. Any such bond
shall be filed with the secretary of state. The cost of any such
bond shall be paid from funds appropriated to the applicable
governing board or the council or commission.
(g) All purchases and acquisitions shall be made in
consideration and within limits of available appropriations and
funds and in accordance with applicable provisions of article two,
chapter five-a of this code, relating to expenditure schedules and
quarterly allotments of funds.
(h) The governing boards, council and the commission may make
requisitions upon the auditor for a sum to be known as an advance
allowance account, in no case to not to exceed five percent of the
total of the appropriations for the governing board, council or the
commission, and the auditor shall draw a warrant upon the treasurer
for such accounts. All advance allowance accounts shall be accounted for by the applicable governing board or the council or
commission once every thirty days or more often if required by the
state auditor.
(i) Contracts entered into pursuant to this section shall be
signed by the applicable governing board or the council or
commission in the name of the state and shall be approved as to form
by the attorney general. A contract which requires approval as to
form by the attorney general and for which is considered approved
if the attorney general has not responded within fifteen days of
presentation of the contract. the contract shall be considered
approved. A contract or a change order for that contract and
notwithstanding any other provision of this code to the contrary,
associated documents such as performance and labor/material
payments, bonds and certificates of insurance which use terms and
conditions or standardized forms previously approved by the attorney
general and do not make substantive changes in the terms and
conditions of the contract do not require approval by the attorney
general. The attorney general shall make a list of those changes
which he or she deems to be substantive and the list, and any
changes thereto, shall be published in the state register. A
contract that exceeds fifteen thousand dollars shall be filed with
the state auditor. If requested to do so, the governing boards,
council or the commission shall make all contracts available for
inspection by the state auditor. The governing board, council or the commission, as appropriate, shall prescribe the amount of
deposit or bond to be submitted with a bid or contract, if any, and
the amount of deposit or bond to be given for the faithful
performance of a contract.
(j) If the governing board, council or the commission purchases
or contracts for materials, supplies, equipment, services and
printing contrary to the provisions of sections four through seven
of this article or the rules pursuant thereto, such purchase or
contract shall be is void and of no effect.
(k) Any governing board or the council or commission, as
appropriate, may request the director of purchases to make
available, from time to time, the facilities and services of that
department to the governing boards, council or the commission in the
purchase and acquisition of materials, supplies, equipment, services
and printing and the director of purchases shall cooperate with that
governing board, council or the commission, as appropriate, in all
such purchases and acquisitions upon such request.
(l) Each governing board or the council or commission, as
appropriate, shall permit private institutions of higher education
to join as purchasers on purchase contracts for materials, supplies,
services and equipment entered into by that governing board or the
council or commission. Any private school desiring to join as
purchasers on such purchase contracts shall file with that governing
board or the council or commission an affidavit signed by the president of the institution of higher education or a designee
requesting that it be authorized to join as purchaser on purchase
contracts of that governing board or the council or commission, as
appropriate. The private school shall agree that it is bound by
such terms and conditions as that governing board or the council or
commission may prescribe and that it will be responsible for payment
directly to the vendor under each purchase contract.
(m) Notwithstanding any other provision of this code to the
contrary, the governing boards, council and the commission, as
appropriate, may make purchases from cooperative buying groups,
consortia, the federal government or from federal government
contracts if the materials, supplies, services, equipment or
printing to be purchased is available from cooperative buying
groups, consortia, the federal government or from a federal contract
and purchasing from the cooperative buying groups, consortia,
federal government or from a federal government contract would be
the most financially advantageous manner of making the purchase.
(n) An independent performance audit of all purchasing
functions and duties which are performed at any institution of
higher education shall be performed each fiscal year. The joint
committee on government and finance shall conduct the performance
audit and the governing boards, council and the commission, as
appropriate, shall be are responsible for paying the cost of the
audit from funds appropriated to the governing boards, council or the commission.
(o) The governing boards shall require each institution under
their respective jurisdictions to notify and inform every vendor
doing business with that institution of the provisions of section
fifty-four, article three, chapter five-a of this code, also known
as the "prompt pay act of 1990".
(p) Consultant services, such as strategic planning services,
may not preclude or inhibit the governing boards, council or the
commission from considering any qualified bid or response for
delivery of a product or a commodity because of the rendering of
those consultant services.
(q) After the commission or council, as appropriate, has
granted approval for lease-purchase arrangements by the governing
boards, a governing board may enter into lease-purchase arrangements
for capital improvements, including equipment. Any lease-purchase
arrangement so entered shall constitute a special obligation of the
state of West Virginia. The obligation under a lease-purchase
arrangement so entered may be from any funds legally available to
the institution and must be cancelable at the option of the
governing board or institution at the end of any fiscal year. The
obligation, any assignment or securitization thereof, shall never
constitute never constitutes an indebtedness of the state of West
Virginia or any department, agency or political subdivision thereof,
within the meaning of any constitutional provision or statutory limitation, and may not be a charge against the general credit or
taxing powers of the state or any political subdivision thereof. and
such Such facts shall be plainly stated in any lease-purchase
agreement. Further, the lease-purchase agreement shall prohibit
assignment or securitization without consent of the lessee and the
approval of the attorney general of West Virginia. Proposals for any
arrangement must be requested in accordance with the requirements
of this section and any rules or guidelines of the commission and
council. In addition, any lease-purchase agreement which exceeds
one hundred thousand dollars total shall be approved by the attorney
general of West Virginia. The interest component of any
lease-purchase obligation shall be is exempt from all taxation of
the state of West Virginia, except inheritance, estate and transfer
taxes. It is the intent of the Legislature that if the requirements
set forth in the Internal Revenue Code of 1986, as amended, and any
regulations promulgated pursuant thereto are met, the interest
component of any lease-purchase obligation also shall be is exempt
from the gross income of the recipient for purposes of federal
income taxation and may be designated by the governing board or the
president of the institution as a bank-qualified obligation.
(r) Notwithstanding any other provision of this code to the
contrary, the commission, council and the governing boards have the
authority, in the name of the state, to lease, or offer to lease,
as lessee, any grounds, buildings, office or other space in accordance with this paragraph and as provided below:
(1) The commission, council and the governing boards have sole
authority to select and to acquire by contract or lease all grounds,
buildings, office space or other space, the rental of which is
necessarily required by the commission, council or governing boards
for the institutions under their jurisdiction. The chief executive
officer of the commission, council or an institution shall certify
the following:
(A) That the grounds, buildings, office space or other space
requested is necessarily required for the proper function of the
commission, council or institution;
(B) That the commission, council or institution will be
responsible for all rent and other necessary payments in connection
with the contract or lease; and
(C) That satisfactory grounds, buildings, office space or other
space is not available on grounds and in buildings now currently
owned or leased by the commission, council or the institution.
Before executing any rental contract or lease, the commission,
council or a governing board shall determine the fair rental value
for the rental of the requested grounds, buildings, office space or
other space, in the condition in which they exist, and shall
contract for or lease the premises at a price not to exceed the fair
rental value.
(2) The commission, council and the governing boards are authorized to enter into long-term agreements for buildings, land
and space for periods longer than one fiscal year but not to exceed
forty years. Any purchase of real estate, any lease-purchase
agreement and any construction of new buildings or other acquisition
of buildings, office space or grounds resulting therefrom, pursuant
to the provisions of this subsection shall be presented by the
policy commission or council, as appropriate, to the joint committee
on government and finance for prior review. Any such lease shall
contain, in substance, all the following provisions:
(A) That the commission, council or the governing board, as
lessee, have has the right to cancel the lease without further
obligation on the part of the lessee upon giving thirty days'
written notice to the lessor at least thirty days prior to the last
day of the succeeding month;
(B) That the lease shall be is considered canceled without
further obligation on the part of the lessee if the Legislature or
the federal government fails to appropriate sufficient funds
therefor or otherwise acts to impair the lease or cause it to be
canceled; and
(C) That the lease shall be is considered renewed for each
ensuing fiscal year during the term of the lease unless it is
canceled by the commission, council or the governing board before
the end of the then-current fiscal year.
(3) The commission, council or an institution which is granted any grounds, buildings, office space or other space leased in
accordance with this section may not order or make permanent changes
of any type thereto, unless the commission, council or the governing
board, as appropriate, has first determined that the change is
necessary for the proper, efficient and economically sound operation
of the institution. For purposes of this section, a "permanent
change" means any addition, alteration, improvement, remodeling,
repair or other change involving the expenditure of state funds for
the installation of any tangible thing which cannot be economically
removed from the grounds, buildings, office space or other space
when vacated by the institution.
(4) Leases and other instruments for grounds, buildings, office
or other space, once approved by the commission, council or
governing board, may be signed by the chief executive officer of the
commission, council or the institution. Any lease or instrument
exceeding one hundred thousand dollars annually shall be approved
as to form by the attorney general. A lease or other instrument for
grounds, buildings, office or other space that contains a term,
including any options, of more than six months for its fulfillment
shall be filed with the state auditor.
(5) The commission and council jointly may promulgate rules it
considers they consider necessary to carry out the provisions of
this section.
ARTICLE 6. ADVISORY COUNCILS AND BOARDS.
§18B-6-1. Institutional boards of advisors for regional campuses
and certain administratively linked community and technical
colleges.
(a) Effective the first day of July, two thousand, There is
established at each regional campus and administratively linked
community and technical college, excluding centers and branches
thereof, an institutional board of advisors. Provided, That the
institutional board of advisors shall not be appointed for
administratively linked community and technical colleges until
provided for in their compact.
(1) For the transition year beginning on the first day of July,
two thousand, through the thirtieth day of June, two thousand one,
only, The lay members of the institutional board of advisors
established for each of the regional campuses of West Virginia
university are appointed by the president of the respective
institution. Effective the first day of July, two thousand one,
(a) There is hereby continued or established institutional
boards of advisors as follows:
__(1) For each regional campus. The chairperson of the board of
advisors of West Virginia university at Parkersburg serves as an ex
officio, voting member of the governing board of West Virginia
university;
__(2) For administratively linked community and technical
colleges which share a physical location with the sponsoring institution. This category includes Fairmont state community and
technical college, Marshall community and technical college, West
Virginia state community and technical college and the community and
technical college at West Virginia university institute of
technology. The chairperson of the board of advisors of each
administratively linked community and technical college serves as
an ex officio, voting member of the sponsoring institution's board
of governors or, in the case of the community and technical college
at West Virginia university institute of technology, the chairperson
of the board of advisors serves as an ex officio voting member of
the governing board of West Virginia university;
__(3) For New River community and technical college and the
community and technical college of Shepherd, until these
institutions achieve independent accreditation. As long as New
River community and technical college or the community and technical
college of Shepherd retains a board of advisors and remains
administratively linked to the baccalaureate institution, the
chairperson of that board of advisors serves as an ex officio,
voting member of the governing board of Bluefield state college or
Shepherd college, respectively.
__(1) (b) The lay members of the institutional boards of advisors
for the regional campuses are appointed by the board of governors.
(2) (c) The lay members of the institutional board boards of
advisors established for the administratively linked community and technical colleges are appointed by the West Virginia council for
community and technical college education.
(b) (d) The board of advisors consists of fifteen members,
including a full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution; a member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution; a member from the institutional
classified employees duly elected by the classified employees of the
respective institution; and twelve lay persons appointed pursuant
to subsection (a) of this section who have demonstrated a sincere
interest in and concern for the welfare of that institution and who
are representative of the population of its responsibility district
and fields of study. At least eight of the twelve lay persons
appointed shall be residents of the state. Of the lay members who
are residents of the state, at least two shall be alumni of the
respective institution and no more than a simple majority may be of
the same political party.
(c) (e) The student member shall serve serves for a term of one
year beginning upon appointment in July, two thousand four, and
ending on the thirtieth day of April, two thousand one five.
Thereafter the term shall begin on the first day of May. The member
from the faculty and the classified employees shall serve
,
respectively, serves for a term of two years beginning upon appointment in July, two thousand four, and ending on the thirtieth
day of April, two thousand two five. Thereafter the term shall
begin on the first day of May; and the twelve lay members shall
serve terms of four years each beginning upon appointment in July,
two thousand four. Thereafter, the term shall begin on the first
day of May. All members are eligible to succeed themselves for no
more than one additional term. A vacancy in an unexpired term of
a member shall be filled for the remainder of the unexpired term
within thirty days of the occurrence thereof in the same manner as
the original appointment or election. Except in the case of a
vacancy:
(1) Commencing in two thousand five, all elections shall be
held and all appointments shall be made no later than the thirtieth
day of April preceding the commencement of the term; and
__(2) Terms of members begin on the first day of May following
election, except for two thousand four only, terms begin upon
appointment in July.
__(d) (f) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in May of each year. Additional
meetings may be held upon the call of the chairperson, president of
the institution or upon the written request of at least five
members. A majority of the members constitutes a quorum for
conducting the business of the board of advisors.
(e) (g) One of the twelve lay members shall be elected as chairperson by the board of advisors in May of each year, except
that the chairperson elected in two thousand four shall be elected
in July. No member may serve as chairperson for more than two
consecutive years.
(f) (h) The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
section upon presentation of an itemized sworn statement thereof.
All expenses incurred by the boards of advisors and the institutions
under this section shall be paid from funds allocated to the
institutions for that purpose.
(g) (i) The Prior to the submission by the president to its
governing board, the board of advisors shall review prior to the
submission by the president to its governing board, all proposals
of the institution in the areas of mission, academic programs,
budget, capital facilities and such other matters as requested by
the president of the institution or its governing board or otherwise
assigned to it by law. The board of advisors shall comment on each
such proposal in writing, with such recommendations for concurrence
therein or revision or rejection thereof as it considers proper.
The written comments and recommendations shall accompany the
proposal to the governing board and the governing board shall include the comments and recommendations in its consideration of and
action on the proposal. The governing board shall promptly
acknowledge receipt of the comments and recommendations and shall
notify the board of advisors in writing of any action taken thereon.
(h) (j) The Prior to their implementation by the president, the
board of advisors shall review prior to their implementation by the
president, all proposals regarding institution-wide personnel
policies. The board of advisors may comment on the proposals in
writing.
(i) (k) The board of advisors shall provide advice and
assistance to the president and the governing board in establishing
areas including, but not limited to, the following:
__(1) Establishing closer connections between higher education
and business, labor, government and community and economic
development organizations to give students greater opportunities to
experience the world of work. Examples of such as experiences
include business and community service internships, apprenticeships
and cooperative programs; to communicate
(2) Communicating better and serve serving the current work
force and work force development needs of their service area,
including the needs of nontraditional students for college-level
skills upgrading and retraining and the needs of employers for
specific programs of limited duration; and to assess
(3) Assessing the performance of the institution's graduates and assist assisting in job placement.
(j) (l) Upon the occurrence of When a vacancy occurs in the
office of president of the institution, the board of advisors shall
serve as a search and screening committee for candidates to fill the
vacancy under guidelines established by the commission council.
pursuant to the provisions of section six, article one-b of this
chapter. When serving as a search and screening committee, the
board of advisors and its governing board are each authorized to
appoint up to three additional persons to serve on the committee as
long as the search and screening process is in effect. The three
additional appointees of the board of advisors shall be faculty
members of the institution. Only for For the purposes of the search
and screening process only, the additional members shall possess the
same powers and rights as the regular members of the board of
advisors, including reimbursement for all reasonable and necessary
expenses actually incurred. Following the search and screening
process, the committee shall submit the names of at least three
candidates to the president of the sponsoring institution council
or governing board in the case of West Virginia university institute
of technology, for consideration. and appointment. If the president
council or governing board rejects all candidates submitted, the
committee shall submit the names of at least three additional
candidates and this process shall be repeated until the president
appoints council or governing board approves one of the candidates submitted. In all cases, the governing board shall make the
appointment with the approval of the council or the commission in
the case of West Virginia university institute of technology. The
governing board or the council shall provide all necessary staff
assistance to the board of advisors in its role as a search and
screening committee.
(k) (m) The boards of advisors shall develop a master plan for
each those administratively linked community and technical college
colleges which retain boards of advisors. The ultimate
responsibility for developing and updating the master plans at the
institutional level resides with the institutional board of
advisors, but the ultimate responsibility for approving the final
version of the these institutional master plans, including periodic
updates, resides with the council commission. The plan shall
include, but not be limited to, the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of the
institution's area of responsibility for a quality system of higher
education are addressed;
(3) Documentation of the involvement of the commission, institutional constituency groups, clientele of the institution and
the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including recommendations on the addition or deletion of
degree programs as, in the discretion of the board of advisors, may
be necessary.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Advisory council of classified employees" or "classified
council" means the state advisory organization of classified
employees created pursuant to section five of this article.
(b) "Advisory council of faculty" or "faculty council" means
the state advisory organization of faculty created pursuant to
section two of this article.
(c) "Advisory council of students" or "student advisory
council" means the state advisory organization of students created
pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means any
regular full-time or regular part-time employee of a governing
board, the commission, the council or the West Virginia network for educational telecomputing who holds a position that is assigned a
particular job title and pay grade in accordance with the personnel
classification system established by law.
(e) "Community and technical college" means eastern West
Virginia community and technical college, Fairmont state community
and technical college, Marshall community and technical college, New
River community and technical college, West Virginia northern
community and technical college, the community and technical college
of Shepherd, southern West Virginia community and technical college,
West Virginia state community and technical college, the community
and technical college at West Virginia university institute of
technology, West Virginia university at Parkersburg and any other
community and technical college so designated by the Legislature.
(f) "Council" means the West Virginia council for community and
technical college education created pursuant to section three,
article two-b of this chapter.
(g) "Institutional classified employee council" or "staff
council" means the advisory group of classified employees formed at
a state institution of higher education pursuant to section six of
this article.
(h) "Institutional faculty senate" or "faculty senate" means
the advisory group of faculty formed at a state institution of
higher education pursuant to section three of this article.
(i) "State institution of higher education", in the singular or plural, means the institutions as defined in section two, article
one of this chapter and, additionally, Fairmont state community and
technical college, Marshall community and technical college, New
River community and technical college, Potomac state college of West
Virginia university, Robert C. Byrd health sciences Charleston
division of West Virginia university, the community and technical
college of Shepherd, 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.
§18B-6-2. State advisory council of faculty.
(a) There is continued the state advisory council of faculty.
(b) Election of members and terms of office. --
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the faculty council and in accordance with procedures
established by the faculty council, shall convene a meeting or
otherwise institute a balloting process to elect one faculty member
from each institution of higher education to serve on the faculty
council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible
to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the faculty council during the month of July to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one faculty member from that
institution to serve on the faculty council. Members so elected
shall take office upon election and serve until the next regularly
scheduled election held pursuant to this section; thereafter,
faculty members elected to represent administratively linked
community and technical colleges serve a regular two-year term.
(c) The faculty council shall meet at least once each quarter
and may meet at such other times as called by the chairperson or by
a majority of its members. One of the quarterly meetings shall be
during the month of July, at which meeting the faculty council shall
elect a chairperson from among its members. The chairperson may
serve no more than two consecutive terms as chair. A member may not
vote by proxy at the election. In the event of a tie in the last
vote taken for such election, a member authorized by the faculty
council shall select the chairperson by lot from the names of those
persons tied. Immediately following the election of a chairperson,
and in the manner prescribed by this section for the election of a chairperson, the faculty council shall elect a member to preside
over meetings in the absence of the chairperson. If the chairperson
vacates the position, the faculty council shall meet and elect a new
chairperson to fill the unexpired term within thirty days following
the vacancy.
(d) The faculty council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
faculty members have an interest.
(e) The commission and council each shall meet annually between
the months of October and December with the faculty council to
discuss matters of higher education in which the faculty members or
the commission or council may have an interest.
(f) Members of the faculty council serve without compensation.
Members are entitled to reimbursement for actual and necessary
expenses, including travel expenses, incurred in the performance of
their official duties. Expenses are paid from funds allocated to
the state institution of higher education which the member serves.
(g) The faculty council shall prepare minutes of its meetings,
which minutes shall be available, upon request, to any faculty
member of a state institution of higher education represented on the
faculty council.
§18B-6-3. Institutional faculty senate.
(a) Effective the first day of July, two thousand four, a faculty senate is established at each institution of higher
education. Members and officers of an organized, campus-level
advisory group of faculty who are serving prior to the effective
date of this section may continue to serve with all the rights,
privileges and responsibilities prescribed herein until the time
that members elected as set forth in subsection (b) of this section
assume office.
(b) Members of each faculty senate are elected as follows:
(1) During the month of April of each even-numbered year, each
president of a state institution of higher education, at the
direction of the faculty and in accordance with procedures
established by the faculty, shall convene a meeting or otherwise
institute a balloting process to elect the members of the faculty
senates, except that for two thousand four only, the election shall
take place in July.
(2) Selection procedures shall provide for appropriate
representation of all academic units within the institution.
(3) The faculty member who is elected to serve on the faculty
council is an ex officio, voting member of the faculty senate and
reports to the faculty senate on meetings of the faculty council and
the board of governors.
(c) Members serve a term of two years, which term begins on the
first day of July of each even-numbered year, except for the year
two thousand four when terms begin upon election. Members of the faculty senate are eligible to succeed themselves.
(d) Each faculty senate shall elect a chairperson from among
its members. The chairperson may serve no more than two consecutive
terms as chairperson.
(e) The faculty senate meets quarterly and may meet at such
other times as called by the chairperson or by a majority of the
members. With appropriate notification to the president of the
institution, the chairperson may convene a faculty senate meeting
for the purpose of sharing information and discussing issues
affecting faculty and the effective and efficient management of the
institution.
(f) The president of the institution shall meet at least
quarterly with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
(g) The governing board of the institution shall meet at least
annually with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
§18B-6-4. State advisory council of students.
(a) There is continued the state advisory council of students.
(b) During the month of April of each year, each student
government organization at each institution of higher education
shall elect a student to serve on the student advisory council. Terms of the members of the student advisory council are for one
year and begin on the first day of September of each year. A duly
elected member currently serving on the advisory council of students
may continue to serve until a new member from that institution is
elected pursuant to the provisions of this section. Members of the
student advisory council are eligible to succeed themselves.
(c) The student advisory council shall meet at least once each
quarter. One of the quarterly meetings shall be during the month
of September, at which meeting the student advisory council shall
elect a chairperson. A member may not vote by proxy at the
election. In the event of a tie in the last vote taken for the
election, a member authorized by the student advisory council shall
select the chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the student
advisory council shall elect, in the manner prescribed by this
section for the election of a chairperson, a member of the council
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the student advisory council shall
meet and elect a new chairperson to fill the unexpired term within
thirty days following the vacancy.
(d) The student advisory council, through its chairperson and
in any appropriate manner, shall communicate to the commission or
the council, as appropriate, matters of higher education in which
the student members have an interest.
(e) At the request of the chairperson of the student advisory
council, the commission and council each shall meet annually,
between the months of October and December, with the student
advisory council to discuss matters of higher education in which the
student members or the commission or council have an interest.
(f) Members of the student advisory council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education in which the
student is enrolled.
(g) The student advisory council shall prepare minutes of its
meetings. The minutes shall be available, upon request, to any
student of a state institution of higher education represented on
the council.
§18B-6-5. State advisory councils of classified employees.
(a) There is hereby continued the state advisory council of
classified employees.
(b) Election of members and terms of office. --
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the classified council and in accordance with
procedures established by the classified council, shall convene a
meeting or otherwise institute a balloting process to elect one classified employee from each institution of higher education to
serve on the classified council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible
to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the classified council during the month of July to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one classified employee from that
institution to serve on the classified council. Members so elected
take office upon election and serve until the next regularly
scheduled election held pursuant to this section; thereafter,
classified employees elected to represent administratively linked
community and technical colleges serve a regular two-year term.
(c) The classified council shall meet at least once each
quarter and may meet at such other times as called by the
chairperson or by a majority of its members. One of the quarterly
meetings shall be during the month of July, at which meeting the
classified council shall elect a chairperson from among its members.
The chairperson may serve no more than two consecutive terms as
chairperson. A member may not vote by proxy at the election. In
the event of a tie in the last vote taken for the election, a member
authorized by the classified council shall select the chairperson by lot from the names of those persons tied. Immediately following
the election of a chairperson, the classified council shall elect,
in the manner prescribed by this section for the election of a
chairperson, a member of the classified council to preside over
meetings in the absence of the chairperson. If the chairperson
vacates the position, the classified council shall meet and elect
a new chairperson to fill the unexpired term within thirty days
following the vacancy.
(d) The classified council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
classified employees have an interest.
(e) The commission and council each shall meet annually,
between the months of October and December, with the classified
council to discuss matters of higher education in which the
classified employees or the commission or council have an interest.
(f) Members of the classified council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education which the
member serves.
(g) The classified council shall prepare minutes of its
meetings. The minutes shall be available, upon request, to any classified employee of a state institution of higher education
represented on the classified council.
§18B-6-6. Institutional classified employee council.
(a) There is continued at each institution of higher education
an institutional classified employees advisory council to be known
as the staff council.
(b) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the staff council and in accordance with procedures
established by the staff council, shall convene a meeting or
otherwise institute a balloting process to elect members of the
staff council, except that for two thousand four only, the election
shall take place in July. Members are elected as follows:
(1) Two classified employees from the administrative/managerial
sector;
(2) Two classified employees from the professional/nonteaching
sector;
(3) Two classified employees from the paraprofessional sector;
(4) Two classified employees from the secretarial/clerical
sector;
(5) Two classified employees from the physical
plant/maintenance sector;
(6) The classified employee who is elected to serve on the
advisory council of classified employees serves as an ex officio, voting member of the staff council. This member shall report to the
staff council on meetings of the classified council and the board
of governors; and
(7) Classified employees at Marshall university and West
Virginia university may elect five classified employees from each
of the five sectors to serve on the staff council.
(c) Members serve a term of two years, which term begins on the
first day of July of each odd-numbered year. Members of the staff
council are eligible to succeed themselves.
(d) Classified employees shall select one of their members to
serve as chairperson. All classified employees at the institution
are eligible to vote for the chairperson by any method approved by
a majority of their members. The chairperson is eligible to succeed
himself or herself.
(e) The staff council shall meet at least monthly or at the
call of the chairperson. With appropriate notification to the
president of the institution, the chairperson may convene staff
council meetings for the purpose of sharing information and
discussing issues affecting the classified employees or the
efficient and effective operations of the institution.
(f) The president of the institution shall meet at least
quarterly with the staff council to discuss matters affecting
classified employees.
(g) The governing board of the institution shall meet at least annually with the staff council to discuss matters affecting
classified employees and the effective and efficient management of
the institution.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Seniority for full-time classified personnel; seniority
to be observed in reducing work force; preferred
recall list; renewal of listing; notice of vacancies.
(a) Definitions for terms used in this section are in
accordance with those provided in section two, article nine of this
chapter, except that the provisions of this section shall apply only
to classified employees whose employment, if continued, accumulates
to a minimum total of one thousand forty hours during a calendar
year and extends over at least nine months of a calendar year.
Provided, That this This section also applies to any classified
employee who is involuntarily transferred to a position in
nonclassified status for which he or she did not apply. Provided,
however, That any Any classified employee involuntarily transferred
to a position in nonclassified status may only exercise the rights
set out in this section for positions equivalent to or lower than
the last job class the employee held.
(b) All decisions by the appropriate governing board, the
council or commission or its agents at state institutions of higher
education concerning reductions in work force of full-time
classified personnel, whether by temporary furlough or permanent termination, shall be made in accordance with this section. For
layoffs by classification for reason of lack of funds or work, or
abolition of position or material changes in duties or organization
and for recall of employees laid off, consideration shall be given
to an employee's seniority as measured by permanent employment in
the service of the state system of higher education. In the event
that the institution wishes desires to lay off a more senior
employee, the institution shall demonstrate that the senior employee
cannot perform any other job duties held by less senior employees
of that institution in the same job class or any other equivalent
or lower job class for which the senior employee is qualified.
Provided, That if If an employee refuses to accept a position in a
lower job class, the employee shall retain retains all rights of
recall provided in this section. If two or more employees
accumulate identical seniority, the priority shall be is determined
by a random selection system established by the employees and
approved by the institution.
(c) Any employee laid off during a furlough or reduction in
work force shall be is placed upon a preferred recall list and shall
be is recalled to employment by the institution on the basis of
seniority. An employee's listing with an institution shall remain
remains active for a period of one calendar year from the date of
termination or furlough or from the date of the most recent renewal.
If an employee fails to renew the listing with the institution, the employee's name may be removed from the list. An employee placed
upon the preferred list shall be recalled to any position opening
by the institution within the classifications in which the employee
had previously been employed or to any lateral position for which
the employee is qualified. An employee on the preferred recall list
shall does not forfeit the right to recall by the institution if
compelling reasons require the employee to refuse an offer of
reemployment by the institution.
The institution shall notify all employees maintaining active
listings on the preferred recall list of all position openings that
from time to time periodically exist. The notice shall be sent by
certified mail to the last known address of the employee. It is the
duty of each employee listed to notify the institution of any change
in address and to timely renew the listing with the institution.
No position openings shall A position opening may not be filled by
the institution, whether temporary or permanent, until all employees
on the preferred recall list have been properly notified of existing
vacancies and have been given an opportunity to accept reemployment.
(d) A nonexempt classified employee, including a nonexempt
employee who has not accumulated a minimum total of one thousand
forty hours during the calendar year or whose contract does not
extend over at least nine months of a calendar year, who applies and
meets the minimum qualifications for a nonexempt job opening at the
institution where the employee is currently employed, whether the job is a lateral transfer or a promotion, and applies for the job
shall be transferred or promoted before a new person is hired.
unless
(1) This subsection does not apply if the hiring is affected
by:
(A) Mandates in affirmative action plans; or
(B) The requirements of Public Law 101-336, the Americans with
Disabilities Act.
(2) This subsection applies to any nonexempt classified
employee, including:
__(A) One who has not accumulated a minimum total of one thousand
forty hours during the calendar year; and
__(B) One whose contract does not extend over at least nine
months of a calendar year.
__(3) If more than one qualified, nonexempt classified employee
applies, the best-qualified nonexempt classified employee shall be
is awarded the position. In instances where the classified
employees are equally qualified, the nonexempt classified employee
with the greatest amount of continuous seniority at that state
institution of higher education shall be is awarded the position.
(4) A nonexempt classified employee is one to whom the
provisions of the federal Fair Labor Standards Act, as amended,
apply.
(e) In addition to any other information required, any application for personnel governed by the provisions of this section
shall include the applicant's social security number.
(f) Regardless of the level of seniority for any employee, for
the purposes of this section:
__(1) In the case of a reduction in force, an employee at a
community and technical college may not displace any employee of an
institution under the jurisdiction of the commission.
__(2) In the case of a reduction in force, an employee at an
institution under the jurisdiction of the commission may not
displace any employee of a community and technical college.
__(3) For the purpose of this subsection, an employee performing
a dual service for a sponsoring institution and an administratively
linked community and technical college is an employee at an
institution under the jurisdiction of the commission if the
sponsoring institution receives a fee from the administratively
linked community and technical college for the service performed by
that employee.
§18B-7-12. Maintenance of benefits for employees.
(a) On the effective date of this section, any individual
employed on the day preceding the effective date of this section by
the chancellor for higher education or commission maintains all
benefits of employment held, accrued and afforded prior to the
effective date of this section. Such benefits include, but are not
limited to, retirement benefits, continued membership in the same retirement system, any insurance coverage, and sick and annual
leave. For the purposes of leave conversion established in section
thirteen, article sixteen, chapter five of this code, an employee
is not a new employee, and the prohibition on conversion does not
apply if the employee was eligible for leave conversion on the day
preceding the effective date of this section. For the purpose of
section thirteen, article sixteen, chapter five of this code:
(1) Each employee maintains all sick and annual leave accrued,
and all rights to convert the leave that had been accrued on the day
preceding the effective date of this section; and
(2) Each employee continues to maintain his or her status for
eligibility under the provisions and application of said section
thirteen as applied to the employee on the day preceding the
effective date of this section.
(b) Prior to the first day of October, two thousand four, an
employee may not be terminated, or have his or her salary or benefit
levels reduced as the result of the higher education reorganization
set forth in this article.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-1. Legislative purpose.
The purpose of the Legislature in the enactment of this article
is to require the commission and council jointly to establish,
control, supervise and manage a complete, uniform system of personnel classification in accordance with the provisions of this
article for all employees other than faculty and nonclassified
employees at state institutions of higher education.
§18B-9-2. Definitions.
As used in this article:
(a) "Classified employee" or "employee" means any regular
full-time or regular part-time employee of a governing board, or the
commission or the council, including all employees of the West
Virginia network for educational telecomputing, who hold a position
that is assigned a particular job title and pay grade in accordance
with the personnel classification system established by this article
or by the commission and council;
(b) "Nonclassified employee" means an individual who is
responsible for policy formation at the department or institutional
level, or reports directly to the president, or is in a position
considered critical to the institution by the president pursuant to
policies adopted by the governing board. Provided, That the The
percentage of personnel placed in the category of "nonclassified"
at any given institution shall may not exceed ten percent of the
total number of employees of that institution who are eligible for
membership in any state retirement system of the state of West
Virginia or other retirement plan authorized by the state: Provided,
however, That an additional ten percent of the total number of
employees of that institution as defined in this subsection may be placed in the category of "nonclassified" if they are in a position
considered critical to the institution by the president. Final
approval of such placement shall be with the appropriate governing
board;
(c) "Job description" means the specific listing of duties and
responsibilities as determined by the appropriate governing board,
or the commission or council and associated with a particular job
title;
(d) "Job title" means the name of the position or job as
defined by the appropriate governing board, or the commission or
council;
(e) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to rectify
salary inequities or accommodate competitive market conditions in
accordance with rules established by the governing boards, or the
commission or council;
(f) "Pay grade" means the number assigned by the commission and
council to a particular job title and refers to the vertical column
heading of the salary schedule established in section three of this
article;
(g) "Personnel classification system" means the process of job
categorization adopted by the commission and council jointly by
which job title, job description, pay grade and placement on the
salary schedule are determined;
(h) "Salary" means the amount of compensation paid through the
state treasury per annum to a classified employee;
(i) "Schedule" or "salary schedule" means the grid of annual
salary figures established in section three of this article; and
(j) "Years of experience" means the number of years a person
has been an employee of the state of West Virginia and refers to the
horizontal column heading of the salary schedule established in
section three of this article. For the purpose of placement on the
salary schedule, employment for nine months or more equals one year
of experience, but no a classified employee may not accrue more than
one year of experience during any given fiscal year. Employment for
less than full time or less than nine months during any fiscal year
shall be prorated. In accordance with rules established by the
commission and council jointly, a classified employee may be granted
additional years of experience not to exceed the actual number of
years of prior, relevant work or experience at accredited
institutions of higher education other than state institutions of
higher education.
;
On pages one and two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That §18B-1A-8
of the code of West Virginia, 1931, as amended,
be repealed; that §18B-1B-7
of said code be repealed; that §18B-3C-7
of said code be repealed; that
§18B-6-2a,
§18B-6-3a, §18B-6-4a and §18B-6-4b
of said code be repealed; that §18-2-1 of said code be
amended and reenacted; that §18B-1-1a, §18B-1-2, §18B-1-3 and
§18B-1-6 of said code be amended and reenacted; that §18B-1A-2,
§18B-1A-3, §18B-1A-4, §18B-1A-5 and §18B-1A-6 of said code be
amended and reenacted; that §18B-1B-1, §18B-1B-2, §18B-1B-4,
§18B-1B-5 and §18B-1B-6 of said code be amended and reenacted; that
said code be amended by adding thereto a new section, designated
§18B-1B-11; that §18B-2A-1 and §18B-2A-4 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-2A-6; that §18B-
2B-1
,
§18B-2B-2, §18B-2B-3,
§18B-2B-4, §18B-2B-5, §18B-2B-6, §18B-2B-7 and §18B-2B-8 of said
code be amended and reenacted;
that §18B-2C-3 and §18B-2C-4 of said
code be amended and reenacted; that §18B-3C-2, §18B-3C-3, §18B-3C-4,
§18B-3C-5, §18B-3C-6, §18B-3C-8, §18B-3C-9, §18B-3C-10 and
§18B-3C-12 of said code be amended and reenacted; that §18B-4-1 and
§18B-4-2 of said code be amended and reenacted; that §18B-5-4 of
said code be amended and reenacted; that §18B-6-1 and
§18B-6-1a
of
said code be amended and reenacted; that said code be amended by
adding thereto five new sections, designated §18B-6-2, §18B-6-3,
§18B-6-4,
§18B-6-5 and
§18B-6-6;
that §18B-7-1 of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §18B-7-12; and that §18B-9-1 and §18B-9-2
of said code be amended and reenacted,
all to read as follows:;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 448--A Bill
to repeal §18B-1A-8 of the
code of West Virginia, 1931, as amended
; to repeal §18B-1B-7 of said
code; to repeal §18B-3C-7 of said code; to repeal §18B-6-2a,
§18B-6-3a, §18B-6-4a and §18B-6-4b
of said code; to amend and
reenact §18-2-1 of said code; to amend and reenact §18B-1-1a,
§18B-1-2, §18B-1-3 and §18B-1-6 of said code; to amend and reenact
§18B-1A-2, §18B-1A-3, §18B-1A-4, §18B-1A-5 and §18B-1A-6 of said
code; to amend and reenact §18B-1B-1, §18B-1B-2, §18B-1B-4,
§18B-1B-5 and §18B-1B-6 of said code; to amend said code by adding
thereto a new section, designated §18B-1B-11; to amend and reenact
§18B-2A-1 and §18B-2A-4 of said code; to amend said code by adding
thereto a new section, designated §18B-2A-6; to amend and reenact
§18B-
2B-1
,
§18B-2B-2, §18B-2B-3, §18B-2B-4, §18B-2B-5, §18B-2B-6,
§18B-2B-7 and §18B-2B-8 of said code; to
amend and reenact §18B-2C-3
and §18B-2C-4 of said code; to amend and reenact §18B-3C-2,
§18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6, §18B-3C-8, §18B-3C-9,
§18B-3C-10 and §18B-3C-12 of said code; to amend and reenact
§18B-4-1 and §18B-4-2 of said code; to amend and reenact §18B-5-4
of said code; to amend and reenact §18B-6-1 and
§18B-6-1a
of said
code; to amend said code by adding thereto five new sections,
designated §18B-6-2, §18B-6-3,
§18B-6-4,
§18B-6-5 and
§18B-6-6;
to
amend and reenact §18B-7-1 of said code; to amend said code by adding thereto a new section, designated §18B-7-12; and to amend and
reenact §18B-9-1 and §18B-9-2 of said code, all relating to
education generally; higher education; community and technical
college education; post-secondary education; state board membership;
powers and duties of higher education policy commission and council
for community and technical college education; goals for
post-secondary education; definitions; transferring certain rules
and expanding and clarifying rule-making authority; developing and
approving institutional compacts and master plans; establishing
benchmarks and indicators; authorizing emergency rule; selecting
peer institutions; legislative financing goals; budget authority of
commission and council; provision of graduate education; reducing
duration of certain grants; higher education personnel; developing
public policy agenda; commission membership; consistency and
cooperation among commission, council and certain boards and groups;
establishing priorities and distributing funds for capital projects;
employment of staff; appointments to boards and commissions;
transfer of certain course credits; approval of new institutions,
programs and courses; employment of chancellor for higher education;
powers and duties; evaluations and contracts; appointment of
institutional presidents; evaluations; role of governing and
advisory boards, commission and council in appointments; requiring
study of certain institutions providing post-secondary education;
requiring reports to legislative oversight commission on education accountability; powers and duties of governing boards and
institutional boards of advisors; authority of governing board in
determining institutional status; establishing or continuing
governing and advisory boards for certain institutions; membership;
terms of office; legislative findings; employment of chancellor for
community and technical college education; evaluations and
contracts; maintenance of employee benefits; council membership and
terms of office; qualifications; jurisdiction and authority of
council; employment of staff; tuition and fees; certain fee
transfer; developing standards for remedial and developmental
courses; higher education report card; authorization to withdraw
certain powers from a governing board; transfer and expansion of
certain administrative, programmatic and budgetary control;
establishing certain deadlines for commission and council; employee
transfer; powers and duties of chancellor; establishing and
conforming structure of certain advisory groups; membership and
terms of office; exceptions; meetings; development of search and
screening guidelines; establishing certain advisory groups;
clarifying certain expenses; modifying deadline for attaining
independent accreditation; exceptions; council options; district
consortia elimination; community and technical college consortia
districts established; consortia powers, duties, responsibilities
and operation; modifying title of certain employees; continuation
in office; council authority over certain degree programs; service and fee requirement modification and limitation; employee
reorganization; supervision of certain employees; essential
services; employment of vice chancellor for administration; deadline
for employment; modifying certain purchasing and competitive bidding
requirements; certain employee seniority and displacement authority
modification; duty of council regarding personnel classification
system; and eliminating certain obsolete provisions.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Senate Bill No. 448, as amended, was then put upon
its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 448 pass?"
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Plymale, Ross, Rowe, Sharpe, Snyder, Unger and Tomblin (Mr.
President)--25.
The nays were: Deem, Fanning, Harrison, Oliverio, Prezioso,
Smith, Sprouse and Weeks--8.
Absent: White--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 448) passed with its Senate amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Facemyer, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Plymale, Ross, Rowe, Sharpe, Snyder, Unger and Tomblin (Mr.
President)--25.
The nays were: Deem, Fanning, Harrison, Oliverio, Prezioso,
Smith, Sprouse and Weeks--8.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 448) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate
in the passage of
Eng. House Bill No. 4563--A Bill to amend and reenact §5-10-2,
§5-10-17, §5-10-21, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of the
code of West Virginia, 1931, as amended, all relating to the public
employees retirement system; rights of members to select a plan
beneficiary; requiring annual physician review and annual statement
of earnings from those persons receiving disability retirement
payments; providing that interest is to be included in the calculation of terminal benefits payable as the result of death of
retired participants; alphabetizing definitions; defining service
credit for certain employees; adding definitions of "accumulated net
benefit" and "employer error"; providing guidance on correcting
employer errors and making technical corrections.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 3, 2004, he had approved Enr.
Committee Substitute for Senate Bill No. 258; and on March 4, 2004,
he had approved Enr. House Bill No. 4012, Enr. House Bill No. 4287
and Enr. House Bill No. 4349.
The Senate proceeded to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 5th day of March, 2004, presented to His
Excellency, the Governor, for his action, the following bill, signed
by the President of the Senate and the Speaker of the House of
Delegates:
(Com. Sub. for S. B. No. 209), Requiring review of certain
state leases and purchases by joint committee on government and
finance.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 3, Requesting Joint Committee
on Government and Finance study creating forensic science task
force.
Senate Concurrent Resolution No. 9, Requesting Joint Committee
on Government and Finance study converting Teachers Defined
Contribution Retirement System to defined benefit retirement system.
Senate Concurrent Resolution No. 16, Requesting Joint Committee
on Government and Finance study Commission on Governing in 21st
Century.
Senate Concurrent Resolution No. 19, Requesting Joint Committee
on Government and Finance study Mental Health Plan.
Senate Concurrent Resolution No. 39, Requesting Joint Committee
on Government and Finance study state's water quality standards.
Senate Concurrent Resolution No. 43, Requesting Joint Committee
on Government and Finance study repealing current corporate license
tax.
Senate Concurrent Resolution No. 48, Requesting Joint Committee
on Government and Finance study training and educational needs
related to Alzheimer's disease and related dementias.
Senate Concurrent Resolution No. 49, Urging President George
W. Bush and Congress stop outsourcing American jobs.
Senate Concurrent Resolution No. 55, Requesting Joint Committee
on Government and Finance study state fire code rules applying to
bed and breakfasts.
Senate Concurrent Resolution No. 57, Requesting Joint Committee
on Government and Finance study need for adult day care, congregate
respite and in-home services for persons with Alzheimer's.
Senate Concurrent Resolution No. 61, Requesting Joint Committee
on Government and Finance study local health departments.
Senate Concurrent Resolution No. 62, Requesting Joint Committee
on Government and Finance study epidemic of youth suicide in state.
Senate Concurrent Resolution No. 63, Requesting Joint Committee
on Government and Finance study use of credit scoring in insurance
underwriting and rate-making process.
Senate Concurrent Resolution No. 65, Requesting Joint Committee
on Government and Finance study commercial property and casualty
insurance.
Senate Concurrent Resolution No. 66, Requesting Joint Committee
on Government and Finance study homeowners' insurance.
Senate Concurrent Resolution No. 68, Requesting Joint Committee on Government and Finance study grievance boards and administrative
law judge systems.
House Concurrent Resolution No. 7, Naming Saturday, April 24,
2004, and on the last Saturday of April of each succeeding year
thereafter, "Local Firefighter Day," in honor, recognition and
appreciation of all local firefighters of West Virginia and their
families.
House Concurrent Resolution No. 11, Requesting a study on the
causes of the devastating flooding in southern West Virginia.
And,
House Concurrent Resolution No. 39, Requesting a study of the
economic feasibility and beneficial effect of establishing a
state-wide thoroughbred racing breeders program at the state's two
horse racing facilities.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Eng. Com. Sub. for House Bill No. 2423, Awarding high school
diplomas to certain veterans.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Military.
Senator Plymale, from the Committee on Education, submitted the
following report, which was received:
Your Committee on Education has had under consideration
Eng Com. Sub. for House Bill No. 4043, Establishing the
priority for early childhood education in the basic skills of
reading, mathematics and English language arts.
And has amended same.
Eng. Com. Sub. for House Bill No. 4072, Providing for a unified
approach to the long-term planning and implementation of technology
in the public schools.
And has amended same.
And,
Eng. House Bill 4601, Relating to public education generally.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 4043, Eng. Com.
Sub. for H. B. No. 4072 and Eng. H. B. No. 4601) contained in the
preceding report from the Committee on Education were each taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee references, were
then referred to the Committee on Finance, with amendments from the
Committee on Education pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4084, West Virginia Pharmaceutical
Availability and Affordability Act.
With amendments from the Committee on Health and Human
Resources pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2004;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4084) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.
At the request of Senator Prezioso, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
bill was withdrawn.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5A-3C-1, §5A-3C-2,
§5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8,
§5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14,
§5A-3C-15, §5A-3C-16 and §5A-3C-17, all to read as follows:
ARTICLE 3C. PHARMACEUTICAL AVAILABILITY AND AFFORDABILITY ACT OF
2004.
§5A-3C-1. Title.
The provisions of this article shall be known as and referred
to as the "West Virginia Pharmaceutical Availability and
Affordability Act".
§5A-3C-2. Purpose.
(a) The Legislature finds:
(1) That the rising cost of prescription drugs has imposed a
significant hardship on individuals who have limited budgets, are
uninsured or who have prescription coverage that is unable to
control costs successfully due to cost shifting and disparate
pricing policies;
(2) That the average cost per prescription for seniors rose
significantly between one thousand nine hundred ninety-two and two
thousand, and is expected to continue increasing significantly
through two thousand ten;
(3) That there is an increasing need for citizens of West
Virginia to have affordable access to prescription drugs; and
(4) That the Legislature does not intend the imposition of the
programs under this article to penalize or otherwise jeopardize the
benefits of veterans and other recipients of federal supply schedule
drug prices.
(b) In an effort to promote healthy communities and to protect
the public health and welfare of West Virginia residents, the
Legislature finds that it is its responsibility to make every effort to provide affordable prescription drugs for all residents of West
Virginia.
§5A-3C-3. Definitions.
In this article:
(1) "Advertising or marketing" means any manner of
communication of information, either directly or indirectly, that
is paid for and usually persuasive in nature about products,
services or ideas related to pharmaceuticals by identified sponsors
through various media, persons or other forms as further defined by
legislative rule.
(2) "AWP" or "average wholesale price" means the amount
determined from the latest publication of the blue book, a
universally subscribed pharmacist reference guide annually published
by the Hearst corporation. "AWP" or "average wholesale price" may
also be derived electronically from the drug pricing database
synonymous with the latest publication of the blue book and
furnished in the national drug data file (NDDF) by first data bank
(FDB), a service of the Hearst corporation.
(3) "Dispensing fee" means the fee charged by a pharmacy to
dispense pharmaceuticals.
(4) "Drug manufacturer" or "pharmaceutical manufacturer" means
any entity which is engaged in: (A) The production, preparation,
propagation, compounding, conversion or processing of prescription
drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis;
or (B) in the packaging, repackaging, labeling, relabeling or
distribution of prescription drug products. "Drug manufacturer" or
"pharmaceutical manufacturer" does not include a wholesale
distributor of drugs or a retail pharmacy licensed under state law.
(5) "Multiple-source drug", "innovator drug" and "noninnovator
drug" mean the following:
(A) The term "multiple-source drug" means, for which there are
two or more drug products which are: Rated as therapeutically
equivalent (under the food and drug administration's most recent
publication of "Approved Drug Products with Therapeutic Equivalence
Evaluations"), except as provided in paragraph (B) of this
subdivision, are pharmaceutically equivalent and bioequivalent, as
determined by the food and drug administration, and the term
"innovator drug" shall hereinafter be referred to as "brand". The
term "innovator drug" means a drug which is produced or distributed
under an original new drug application approved by the food and drug
administration, including a drug product marketed by any
cross-licensed producers or distributors operating under the new
drug application and any multiple-source drug that was originally
marketed under an original new drug application approved by the food
and drug administration. The term "noninnovator drug" shall
hereinafter be referred to as "generic". The term "noninnovator drug" means a multiple-source drug that is not an "innovator drug".
(B) Paragraph (A) of this subdivision shall not apply if the
food and drug administration changes by regulation the requirement
that, for purposes of the publication described in paragraph (A) of
this subdivision, in order for drug products to be rated as
therapeutically equivalent, they must be pharmaceutically equivalent
and bioequivalent.
(6) "Labeler" means an entity or person that receives
prescription drugs from a manufacturer or wholesaler and repackages
those drugs for later retail sale and that has a labeler code from
the federal food and drug administration pursuant to 21 C. F. R.
§207.20 (1999).
(7) "Person" means any natural person or persons or any
corporation, partnership, company, trust or association of persons.
(8) "Pharmaceutical drug detailing" or "detailing" means the
function performed by a sales representative who is employed by a
pharmaceutical manufacturer for the purpose of: Promotion of
pharmaceutical drugs or related products; education about
pharmaceutical drugs or related products; or to provide samples of
pharmaceutical drugs, related products or related materials, gifts,
food or meals.
(9) "Savings" means the difference between the previous price
of a prescription drug including any discounts, rebates or price
containments and the current price after the effective date of this article for the public employees insurance agency, children's health
insurance program, medicaid and workers' compensation programs or
other programs which are payors for prescription drugs.
(10) "Sole source" means a pharmaceutical that provides a
unique and powerful advantage available in the market to a broad
group of patients established under federal law.
(11) "West Virginia pharmaceutical cost containment authority"
or "authority" means the authority created pursuant to section eight
of this article.
§5A-3C-4. Creation of clearinghouse program.
(a) There is hereby created the state prescription drug
assistance clearinghouse program. The brand pharmaceutical
manufacturers shall create and implement a program to assist state
residents of low income or are uninsured to gain access to
prescription medications through existing private and public sector
programs and prescription drug assistance programs offered by
manufacturers, including discount and coverage programs. The brand
pharmaceutical manufacturers shall use available computer software
programs that access an eligible individual with the appropriate
private or public programs relating to the individual's medically
necessary drugs. The brand pharmaceutical manufacturers shall
provide education to individuals and providers to promote the
program and to expand enrollment and access to necessary medications
for low-income or uninsured individuals qualifying for the programs. The participating brand pharmaceutical manufacturers shall be
responsible for the cost of the establishment of the program.
Ownership of the technology, website and other program features
shall be transferred to the state on or before the first day of
October, two thousand four. The secretary of the department of
health and human resources and the director of the public employees
insurance agency shall provide joint oversight over the
establishment and construction of the program and program features
for the period of time prior to the transfer of ownership to the
state. The pharmaceutical authority shall recommend the state agency
to own, control and operate the program, technology and program
features, and shall include such recommendation in its report on or
before the first day of September, two thousand four, to the joint
committee on government and finance, as provided for in section
eight of this article.
(b) The participating brand pharmaceutical manufacturers shall
contribute the funding for the promotion of the public relations
program attendant to the establishment of the program. The
participating brand pharmaceutical manufacturers shall be
responsible for the cost of the establishment of the program and the
cost of the ongoing program, regardless of the date of transfer of
ownership of the program to the state, for the period of time until
the thirty-first day of December, two thousand four.
§5A-3C-5. Pharmaceutical discount program; establishment; eligible individuals; discount pass through; terms.
There is hereby established a discount drug program to provide
low-income, uninsured individuals with access to prescription drugs
from participating brand pharmaceutical companies and pharmacists
through either a state-sponsored discount card program or a program
that extends current brand pharmaceutical manufacturer prescription
drug assistance programs:
(a) The state hereby establishes a state-sponsored prescription
drug discount card program for certain eligible residents of West
Virginia:
(1) Eligible individuals include uninsured residents of West
Virginia up to two hundred per cent of the federal poverty guideline
who have not been covered by a prescription drug program, whether
public or private, at least six months prior to applying to the
discount card program;
(2) The state may negotiate voluntary discounts with brand
pharmaceutical manufacturers and pharmacists: Provided, That the
total discount received from the manufacturer shall pass through to
the eligible resident;
(3) Failure of a brand pharmaceutical manufacturer to
participate in the voluntary discount card program will not result
in prior authorization on their drugs in the medicaid program; and
(4) The state shall not establish a formulary, preferred drug
list or prior authorization program as part of the discount card program.
(b) The brand pharmaceutical manufacturers may extend existing
prescription drug assistance programs to eligible residents of West
Virginia.
Eligible individuals include uninsured residents of West
Virginia up to two hundred percent of the federal poverty level who
have not been covered by a prescription drug program, whether public
or private, at least six months prior to applying to the program.
§5A-3C-6. Creation of program; administrative support; medicaid
and chip program.
(a) There is hereby created in the state a program to obtain
favorable pharmaceutical prices for state agencies and other
qualified entities pursuant to this article.
(b) The medicaid program and the West Virginia children's
health insurance program may be exempt from participation in this
program until approval by the center for medicare and medicaid
services has been granted if it is determined to be required by the
authority.
(c) Administrative staff support for the authority created by
this article shall be provided by the departments represented on the
authority.
§5A-3C-7. Multistate discussion group.
For the purposes of reviewing or amending the program
establishing the process for making pharmaceuticals more available and affordable to the citizens of West Virginia, the state may
continue to enter into multistate discussions and agreements. For
purposes of participating in these discussions, the state shall be
represented by members of the authority created in section eight of
this article.
§5A-3C-8. West Virginia pharmaceutical cost containment authority.
(a) There is hereby created the West Virginia pharmaceutical
cost containment authority which consists of the secretary of the
department of administration or his or her designee, the director
of the public employees insurance agency or his or her designee, the
director of the health care authority or his or her designee, the
director of the bureau of medical services of the department of
health and human resources or his or her designee, the insurance
commissioner or his or her designee, the secretary of the department
of health and human resources or his or her designee, the executive
director of the workers' compensation commission or his or her
designee, the commissioner of the bureau of senior services or his
or her designee and seven members from the public who shall be
appointed by the governor with the advice and consent of the Senate.
One public member shall be a licensed pharmacist employed by a
hospital, one public member shall be a licensed pharmacist employed
by a community retail pharmacy, one public member shall be a
representative of a pharmaceutical manufacturer with substantial
operations located in the state of West Virginia that has at least seven hundred fifty employees, two public members shall be primary
care physicians and two public members shall have experience in the
financing, development or management of a health insurance company
which provides pharmaceutical coverage. Each public member shall
serve for a term of four years. Of the public members of the
authority first appointed, one shall be appointed for a term ending
the thirtieth day of June, two thousand six, and three each for
terms of three and four years. Each public member shall serve until
his or her successor is appointed and has qualified. A member of
the authority may be removed by the governor for cause.
(b) The secretary of the department of administration shall
serve as chairperson of the authority, which shall meet at times and
places specified by the chairperson or upon the request of two
members of the authority.
(c) Authority members shall not be compensated in their
capacity as members but shall be reimbursed for reasonable expenses
incurred in the performance of their duties.
(d) The authority has the power and authority to:
(1) Contract for the purpose of implementing the cost
containment provisions of this article;
(2) File suit;
(3) Execute as permitted by applicable federal law,
prescription drug purchasing agreements with:
(A) All departments, agencies, authorities, institutions, programs, quasi public corporations and political subdivisions of
this state, including, but not limited to, the children's health
insurance program, the division of corrections, the division of
juvenile services, the regional jail and correctional facility
authority, the workers' compensation fund, state colleges and
universities, public hospitals, state or local institutions, such
as nursing homes, veterans' homes, the division of rehabilitation,
public health departments, state programs, including, but not
limited to, programs established in sections four and five of this
article, and the bureau of medical services: Provided, That any
contract or agreement executed with or on behalf of the bureau of
medical services shall contain all necessary provisions to comply
with the provisions of Title XIX of the Social Security Act, 42 U.
S. C. §1396 et seq., dealing with pharmacy services offered to
recipients under the medical assistance plan of West Virginia;
(B) Governments of other states and jurisdictions and their
individual departments, agencies, authorities, institutions,
programs, quasipublic corporations and political subdivisions; and
(C) Regional or multistate purchasing alliances or consortia
formed for the purpose of pooling the combined purchasing power of
the individual members in order to increase bargaining power; and
(4) Explore strategies by which West Virginia may manage the
increasing costs of prescription drugs and increase access to
prescription drugs for all of the state's citizens, including the authority to:
(A) Explore the enactment of fair prescription drug pricing
policies;
(B) Explore discount prices or rebate programs for seniors and
persons without prescription drug coverage;
(C) Explore programs offered by pharmaceutical manufacturers
that provide prescription drugs for free or at reduced prices;
(D) Explore requirements and criteria, including the level of
detail, for prescription drug manufacturers to disclose to the
authority expenditures for advertising, marketing and promotion,
based on aggregate national data;
(E) Explore the establishment of counter-detailing programs
aimed at educating health care practitioners authorized to prescribe
prescription drugs about the relative costs and benefits of various
prescription drugs, with an emphasis on generic substitution for
brand name drugs when available and appropriate; prescribing older,
less costly drugs instead of newer, more expensive drugs, when
appropriate; and prescribing lower dosages of prescription drugs,
when available and appropriate;
(F) Explore disease state management programs aimed at
enhancing the effectiveness of treating certain diseases identified
as prevalent among this state's population with prescription drugs;
(G) Explore prescription drug purchasing agreements with large
private sector purchasers of prescription drugs and including those private entities in pharmacy benefit management contracts: Provided,
That no private entity may be compelled to participate in a
purchasing agreement;
(H) Explore the feasibility of using or referencing, the
federal supply schedule or referencing to the price, as adjusted for
currency valuations, set by the Canada patented medicine prices
review board ("PMPRB"), or any other appropriate referenced price
to establish prescription drug pricing for brand name drugs in the
state; and to review and determine the dispensing fees for
pharmacies in such a program;
(I) Explore, if possible, joint negotiations for drug
purchasing and a shared prescription drug pricing schedule and
shared preferred drug list for use by the public employees insurance
agency, the medicaid program, other state payors and private
insurers;
(J) Explore coordination between the medicaid program, the
public employees insurance agency and, to the extent possible, in-
state hospitals and private insurers toward the development of a
uniform preferred prescription drug list which is clinically
appropriate and which leverages retail prices;
(K) Explore policies which promote the use of generic drugs,
where appropriate;
(L) Explore a policy that precludes a drug manufacturer from
reducing the amounts of drug rebates or otherwise penalize an insurer, health plan or other entity which pays for prescription
drugs based upon the fact that the entity uses step therapy or other
clinical programs before a drug is covered or otherwise authorized
for payment;
(M) Explore arrangements with entities in the private sector,
including self-funded benefit plans and nonprofit corporations,
toward combined purchasing of health care services, health care
management services, pharmacy benefits management services or
pharmaceutical products on the condition that no private entity be
compelled to participate in the prescription drug purchasing pool;
and
(N) Explore other strategies, as permitted under state and
federal law, aimed at managing escalating prescription drug prices
and increasing affordable access to prescription drugs for all West
Virginia citizens;
(5) Contract with appropriate legal, actuarial and other
service providers required to accomplish any function within the
powers of the authority;
(6) Develop other strategies, as permitted under state and
federal law, aimed at managing escalating prescription drug prices
and increasing affordable access to prescription drugs for all West
Virginia citizens;
(7) Explore the licensing and regulation of pharmaceutical
detailers, including the requirement of continuing professional education, the imposition of fees for licensing and continuing
education, the establishment of a special revenue account for
deposit of the fees and the imposition of penalties for
noncompliance with licensing and continuing education requirements
and rules to establish procedures to implement the provisions of the
subdivision;
(8) The authority shall report to the Legislature's joint
committee on government and finance on or before the first day of
September, two thousand four, and report on or before the thirty-
first day of December, two thousand four, and annually thereafter
to the Legislature, and provide recommendations to the Legislature
on needed legislative action and other functions established by the
article or requested by the joint committee on government and
finance of the Legislature; and
(9) The authority shall, upon the passage of this article,
immediately commence to study the fiscal impact to this state of the
federal "Medicare Prescription Drug Improvement and Modernization
Act of 2003" and shall report to the Legislature's joint committee
on government and finance on or before the fifteenth day of October,
two thousand four, as to the findings of the authority.
§5A-3C-9. Investigation of Canadian drugs; wholesaling; federal
waivers.
The authority created in section eight of this article and the
director of the public employees insurance agency are authorized to investigate the feasibility of purchasing prescription drugs from
sources in Canada, which may include the feasibility of the state
or an instrumentality thereof serving as a wholesale distributor of
prescription drugs in the state.
(a) Upon a determination by the authority or the director of
the public employees insurance agency that the same is feasible and
in the best interests of the citizens of the state, the authority
or the director is authorized to pursue waivers from the federal
government, including, but not limited to, from the United States
food and drug administration, as necessary for the state to
accomplish prescription drug purchasing from sources in Canada
provided, however, if a waiver is not granted, the authority is
authorized to take necessary legal action.
(b) Upon a favorable finding by the appropriate federal
agencies or courts, notwithstanding any provision of this code to
the contrary, the authority or the director of the public employees
insurance agency may establish and implement a methodology to
provide wholesale drugs to licensed pharmacies located within West
Virginia, provided however, prior to the implementation, the
Legislature must adopt a concurrent resolution authorizing such
action.
§5A-3C-10. Director's powers; ability to enter drug purchasing
contracts.
Notwithstanding any provision of this code to the contrary, nothing contained in this article shall be construed to limit the
powers and authority granted to the director of the public employees
insurance agency pursuant to article sixteen-c, chapter five of this
code. Notwithstanding any provision of this code to the contrary
and specifically subdivision four, subsection (a), section four,
article five-c, chapter five of this code, the director is
authorized to execute prescription drug purchasing agreements
without further enactment of the Legislature.
§5A-3C-11. Agency's management ability continued.
Nothing contained in this article shall be construed to limit
the ability of the various state agencies to enter into contracts
or arrangements or to otherwise manage their pharmacy programs until
such time as the programs created or authorized pursuant to this
article are implemented.
§5A-3C-12. Restraint of trade; civil and criminal violations
defined.
(a) The following are considered to restrain trade or commerce
unreasonably and shall be unlawful:
(1) A contract, combination or conspiracy between two or more
persons:
(A) For the purpose or with the intent to fix, control or
maintain the market price, rate or fee of pharmaceuticals; or
(B) Allocate or divide customers or markets, functional or
geographic, for any pharmaceutical.
(2) The establishment, maintenance or use of a monopoly or an
attempt to establish a monopoly of trade or commerce, any part of
which is within this state, by any persons for the purpose of or
with the intent to exclude competition or control, fix or maintain
pharmaceutical prices.
(b) Any person violating the provisions of this section is
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility for not less than one nor more than
ten years, or fined in an amount consistent with the federal
antitrust guidelines which may include treble damages, or both fined
and confined.
(c) Any person violating the provisions of this section is
liable for a civil penalty and fine in an amount consistent with the
federal antitrust guidelines which may include treble damages, for
each violation.
(d) The county prosecutor shall investigate suspected
violations of, and institute criminal proceedings pursuant to, the
provisions of this section.
(e) The attorney general or special counsel appointed by the
governor, in his or her discretion, shall represent the state in all
civil proceedings brought on behalf of the state to enforce the
provisions of this section. After payment of all attorney fees and
costs, no less than fifty percent of all judgments or settlements
shall be placed in the general revenue fund of the state.
§5A-3C-13. Advertising costs; reporting of same.
(a) Advertising costs for prescription drugs, based on
aggregate national data, must be reported to the state authority by
all manufacturers and labelers of prescription drugs dispensed in
this state that employs, directs or utilizes marketing
representatives. The reporting shall assist this state in its role
as a purchaser of prescription drugs and an administrator of
prescription drug programs, enabling this state to determine the
scope of prescription drug advertising costs and their effect on the
cost, utilization and delivery of health care services and
furthering the role of this state as guardian of the public
interest.
(b) The authority shall establish, by legislative rule, the
reporting requirements of information by labelers and manufacturers
which shall include all national aggregate expenses associated with
advertising and direct promotion of prescription drugs through
radio, television, magazines, newspapers, direct mail and telephone
communications as they pertain to residents of this state.
(c) The following shall be exempt from disclosure requirements:
(1) All free samples of prescription drugs intended to be
distributed to patients;
(2) All payments of reasonable compensation and reimbursement
of expenses in connection with a bona fide clinical trial. As used
in this subdivision, "clinical trial" means an approved clinical trial conducted in connection with a research study designed to
answer specific questions about vaccines, new therapies or new ways
of using known treatments; or
(3) All scholarship or other support for medical students,
residents and fellows to attend significant educational, scientific
or policy-making conference of national, regional or specialty
medical or other professional association if the recipient of the
scholarship or other support is selected by the association.
(d) The authority is further authorized to establish time
lines, the documentation, form and manner of reporting required as
the authority determines necessary to effectuate the purpose of this
article. The authority shall report to the joint committee on
government and finance, in an aggregate form, the information
provided in the required reporting.
(e) Notwithstanding any provision of law to the contrary,
information submitted to the authority pursuant to this section is
confidential and is not a public record and is not available for
release pursuant to the West Virginia freedom of information act.
Data compiled in aggregate form by the authority for the purposes
of reporting required by this section is a public record as defined
in the West Virginia freedom of information act, as long as it does
not reveal trade information that is protected by state or federal
law.
§5A-3C-14. State role.
For purpose of implementing this article, the state represented
by the authority shall have authority to negotiate pharmaceutical
prices to be paid by program participants. These negotiated prices
shall be available to all programs.
§5A-3C-15. Rulemaking.
The authority may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code to implement any section of this article.
§5A-3C-16. Sunset provision.
The authority shall continue to exist, pursuant to the
provisions of article ten, chapter four of this code, until the
first day of July, two thousand eight, unless sooner terminated,
continued or reestablished pursuant to the provisions of that
article.
§5A-3C-17. Potential use of savings.
Savings identified by all program participants shall be
quantified and certified to the authority and included in the annual
report of the authority to the Legislature provided for in section
eight of this article. Savings, or any part thereof, created by the
implementation of this program may, in the sole discretion of the
Legislature, be directed towards the maintenance of existing state
health programs and the expansion of insurance programs for the
uninsured and underinsured.
On motion of Senator Hunter, the following amendments to the Finance committee amendment to the bill (Eng. H. B. No. 4084) were
next reported by the Clerk and considered simultaneously:
On page eight, section five, line nine, after the word
"resident;" by inserting the word "and";
On page eight, section five, by striking out all of subdivision
(3);
And by renumbering the remaining subdivision.
At the request of Senator Hunter, and by unanimous consent,
Senator Hunter's amendments to the Finance committee amendment to
the bill were withdrawn.
On motions of Senators Rowe and Hunter, the following
amendments to the Finance committee amendment to the bill (Eng. H.
B. No. 4084) were reported by the Clerk and considered
simultaneously:
On pages two through five, by striking out all of section three
and inserting in lieu thereof a new section three, to read as
follows:
§5A-3C-3. Definitions.
In this article:
(1) "Advertising or marketing" means any means of communication
of information, either directly or indirectly, that is paid for and
usually persuasive in nature about products, services or ideas
related to pharmaceuticals by identified sponsors through various
media, persons or other forms as further defined by legislative rule.
(2) "AWP" or "average wholesale price" means the amount
determined from the latest publication of the blue book, a
universally subscribed pharmacist reference guide annually published
by the Hearst corporation. "AWP" or "average wholesale price" may
also be derived electronically from the drug pricing database
synonymous with the latest publication of the blue book and
furnished in the national drug data file(NDDF) by first data bank
(FDB), a service of the Hearst corporation.
(3) "Dispensing fee" is the fee charged by a pharmacy to
dispense pharmaceuticals.
(4) "Drug manufacturer" means any entity: (A) That is located
within or outside of West Virginia that is engaged in: (i) The
production, preparation, promulgation, compounding, conversion or
processing of prescription drug products either directly or
indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis; or (ii) the packaging,
repackaging, leveling, labeling or distribution of prescription drug
products; and (B) that elects to provide prescription drugs either
directly or indirectly in West Virginia. "Drug manufacturer" does
not include wholesale distributors or retail pharmacies licensed in
West Virginia.
(5) "Federal supply schedule" or "FSS" means the price
available to all federal agencies for the purchase of pharmaceuticals authorized in the Veterans Health Care Act of 1992,
PL 102-585. FSS prices are intended to equal or better the prices
manufacturers charge their "most-favored" nonfederal customers under
comparable terms and conditions.
(6) "Labeler" means an entity or person that receives
prescription drugs from a manufacturer or wholesaler and repackages
those drugs for later retail sale and that has a labeler code from
the federal food and drug administration pursuant to 21 C. F. R.
§207.20 (1999).
(7) "Person" shall mean any natural person or persons, or any
corporation, partnership, company, trust or association of persons.
(8) "Qualified entities" means those persons who have been
approved by the commission pursuant to section seven of this
article.
(9) "Savings" means the difference between the previous price
of a prescription drug, including any discounts, rebates or price
reductions, and the current price after the effective date of this
article for the public employee insurance agency, children's health
insurance program, medicaid and workers' compensation programs.
(10) "Sole source" means a pharmaceutical that provides a
unique and powerful advantage available in the market to a broad
group of patients.
(11) "West Virginia pharmaceutical commission" or "commission"
means the commission created pursuant to section six of this article.;
And,
On page nine, by striking out everything after section seven
and inserting in lieu thereof the following:
§5A-3C-8. West Virginia pharmaceutical commission.
(a) There is hereby created the West Virginia pharmaceutical
commission which consists of the secretary of the department of
administration or his or her designee, the secretary of the
department of health and human resources or his or her designee, the
executive director of the workers' compensation commission or his
or her designee, the commissioner of the bureau for senior services
or his or her designee and three members from the public who have
experience in the financing, development or management of a health
insurance company which provides pharmaceutical coverage. Public
members shall be appointed by the governor with the advice and
consent of the Senate. Each public member shall serve for a term
of four years. Of the members of the commission first appointed,
one shall be appointed for a term ending the thirtieth day of June,
two thousand six, and one each for terms of three and four years.
Each public member shall serve until his or her successor is
appointed and has qualified. Commission members may be removed by
the governor for cause.
(b) The secretary of the department of administration shall
serve as chairperson of the commission, which shall meet at times and places specified by the chairperson or upon the request of two
members of the commission.
(c) Commission members shall not be compensated in their
capacity as board members, but shall be reimbursed for reasonable
expenses incurred in the performance of their duties.
(d) The commission has the authority to:
(1) Create a program pursuant to the provisions of this article
to obtain favorable rates and dispensing fees for pharmaceuticals
entering the state;
(2) Review, grant or deny waivers;
(3) Gather marketing reports required by this article;
(4) Prepare an analytical report on the effectiveness of the
pharmaceutical program with an analysis of savings, benefits and
problems associated with the program to be submitted biannually to
the joint committee on government and finance;
(5) Enter into cooperative agreements or contracts as are
necessary or proper to carry out the provisions and purposes of this
article, including the authority to enter into contracts with
similar plans in political subdivisions and other entities who
establish a similar program for the joint performance of common
administrative functions;
(6) Determine the most effective mechanism to implement this
program through wholesalers either directly or through a rebate
program;
(7) Provide recommendations to the Legislature on needed
legislative action and any other functions established by this
article or requested by the joint committee on government and
finance of the Legislature;
(8) Contract with appropriate legal, actuarial and other
services required to accomplish any function within the authority
of the commission;
(9) Investigate the feasibility of purchasing prescription
drugs from sources in Canada, which may include the feasibility of
the state or an instrumentality thereof serving as a wholesale
distributor of prescription drugs in the state;
(A) Upon a determination by the commission that the same is
feasible and in the best interests of the citizens of the state, the
commission is authorized to pursue such waivers from the federal
government, including, but not limited to, from the United States
food and drug administration, as are necessary for the state to
accomplish prescription drug purchasing from sources in Canada,
provided however, if such waiver is not granted the commission is
authorized to take whatever legal action may be necessary;
(B) Upon a favorable finding by the appropriate federal
agencies or courts, notwithstanding any provision of this code to
the contrary, the commission may establish and implement a
methodology to provide wholesale drugs to licensed pharmacies
located within West Virginia, provided however, prior to the implementation, the Legislature must adopt a concurrent resolution
authorizing such action;
(10) Develop other strategies, as permitted under state and
federal law, aimed at managing escalating prescription drug prices
and increasing affordable access to prescription drugs for all West
Virginia citizens.
Nothing contained herein shall be construed to limit the
ability of the various state agencies to enter into contracts or
arrangements for the purpose of managing pharmacy programs until
such time as the program created pursuant to this article is
implemented.
(e) There is hereby created in the state treasury a special
revenue account which shall be designated and known as "the
pharmaceutical fund". The fund consists of all fees established in
this article and civil penalties exacted pursuant to this article.
Expenditures from the fund shall include reimbursement of attorney
fees and costs of legal actions initiated or entered into on behalf
of the commission excluding civil and criminal actions, reasonable
expenses of the commission and all appropriations made by the
Legislature in accordance with the provisions of article three,
chapter twelve of this code and upon fulfillment of the provisions
of article two, chapter five-a of this code: Provided, That for the
fiscal year beginning the first day of July, two thousand four,
expenditures are authorized from deposits rather than pursuant to appropriations by the Legislature.
(f) Administrative staff support for the commission shall be
provided by the departments represented on the commission.
§5A-3C-9. Agreement requirements.
(a) (1) The amount paid for pharmaceuticals made available to
residents of West Virginia participating in state-run insurance
programs, including the public employees insurance agency, the
medicaid program, the children's health insurance program and the
workers' compensation program, may not exceed prices listed on the
federal supply schedule plus a dispensing fee except in those cases
in which the commission has established different rates pursuant to
the provisions of this article. In order to participate in this
program, a pharmacy must maintain a policy of not excluding patients
whose health care coverage is provided pursuant to the public
employees insurance act, the children's health insurance program,
the medicaid program or the workers' compensation program solely
based on the fact that the person's health care coverage is provided
by any of the aforementioned. Nothing in this article precludes the
commission from negotiating prices that are less than the FSS-listed
price. For prescription drugs not listed on the FSS, the amount
charged for pharmaceuticals in West Virginia may not exceed the AWP,
less thirty percent plus a dispensing fee. The commission may adjust
this percentage based on current market conditions.
(2) Qualified entities, including, but not limited to, licensed private insurers, self-insured employers, free clinics and other
entities who provide pharmaceuticals, either directly or through
some form of coverage to the citizens of West Virginia, shall have
an option to apply for participation in the program established by
this article in the form and manner established by the commission.
The commission, in its sole discretion, shall approve or deny
participation through review of documentation determined to be
necessary for full consideration and as established by rule. The
commission shall consider, but not be limited to, the fiscal
stability and the size of each applicant.
(3) Pharmaceutical manufacturers may request a waiver from the
FSS rates to be granted by the commission for a particular drug in
which the development, production, distribution costs, other
reasonable costs and reasonable profits, but exclusive of all
marketing and advertising costs as determined by the commission, is
more than the FSS rate of the pharmaceutical or in those cases in
which the pharmaceutical in question has a sole source. The
determination of reasonable costs and reasonable profits may
fluctuate between different pharmaceuticals under consideration by
the commission. The commission shall determine by legislative rule
fees to be paid by the applicant at the time a waiver request is
made and documentation required to be submitted at the time of the
waiver request.
(4) Pharmaceutical manufacturers of generic pharmaceuticals may request a waiver from the FSS rates to be granted by the commission
for a particular drug in which the development, production,
distribution costs, other reasonable costs and reasonable profits,
but exclusive of all marketing and advertising costs as determined
by the commission is more than the FSS rate of the pharmaceutical
or in those cases in which it is determined that there is an
incentive to provide a preferential price to a generic manufacturer
to increase utilization of generic pharmaceuticals by program
participants in an effort to further reduce overall costs.
(5) The medicaid program and the children's health insurance
program may be exempt from participation in this program until
approval by the center for medicare and medicaid services has been
granted if it is determined to be required by the commission.
(6) The commission, in its sole discretion, may defer
implementation of the program established by this article based on
the extent of in-state and intrastate program participation and the
completion of negotiations required by this article.
§5A-3C-10. Civil and criminal violations defined.
(a) The following are deemed to restrain trade or commerce
unreasonably and shall be unlawful:
(1) A contract, combination or conspiracy between two or more
persons:
(A) For the purpose or with the intent to fix, control or
maintain the market price, rate or fee of pharmaceuticals; or
(B) Fix, control, maintain, limit or discontinue the
production, manufacture, sale or supply of pharmaceuticals, or the
sale or supply of pharmaceuticals, for the purpose of or with the
intent to fix, control or maintain the market price, rate or fee of
pharmaceuticals; or
(C) Allocate or divide customers or markets, functional or
geographic, for any pharmaceutical.
(2) The establishment, maintenance or use of a monopoly or an
attempt to establish a monopoly of trade or commerce, any part of
which is within this state, by any persons for the purpose of or
with the intent to exclude competition or control, fix or maintain
pharmaceutical prices.
(b) Any person violating the provisions of this section is
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility for not less than one nor more than
ten years or fined not less than one hundred million dollars, or
both.
(c) Any person violating the provisions of this section is
liable for a civil penalty of not less than one hundred million
dollars for each violation.
(d) The county prosecutor shall investigate suspected
violations of, and institute criminal proceedings pursuant to, the
provisions of this section.
(e) The attorney general or special counsel appointed by the governor, in his or her discretion, shall represent the state in all
civil proceedings brought on behalf of the state to enforce the
provisions of this section. After payment of all attorney fees and
costs, no less than fifty percent of all judgments or settlements
shall be placed in the pharmaceutical fund created in this article.
§5A-3C-11. Marketing costs.
(1) Advertising and marketing costs for prescription drugs in
this state must be reported to the commission by all manufacturers
and labelers of prescription drugs dispensed in this state that
employs, directs or utilizes marketing representatives. The
reporting shall assist this state in its role as a purchaser of
prescription drugs and an administrator of prescription drug
programs, enabling this state to determine the scope of prescription
drug marketing costs and their effect on the cost, utilization and
delivery of health care services and furthering the role of this
state as guardian of the public interest.
(2) The commission shall establish by legislative rule the
reporting requirements of information by labelers and manufacturers
which shall include, but not be limited to, the following:
(A) All expenses associated with advertising, marketing and
direct promotion of prescription drugs through radio, television,
magazines, newspapers, direct mail and telephone communications as
they pertain to residents of this state;
(B) All expenses associated with educational or informational programs, materials and seminars and remuneration for promoting or
participating in educational or informational sessions, regardless
of whether the manufacturer or labeler provides the educational or
informational sessions or materials;
(C) All remuneration provided to health care providers for
providing or prescribing a specific drug that is not in a bona fide
clinical trial.
(3) The commission is further authorized to establish time
lines, the documentation, form and manner of reporting required and
exemptions from advertising and marketing requirements as the
commission determines necessary to effectuate the purpose of this
article. The commission shall report to the joint committee on
government and finance in an aggregate form the information provided
in the required reporting.
(4) Notwithstanding any provision of law to the contrary,
information submitted to the commission and governor pursuant to
this section is confidential and is not a public record and is not
available for release pursuant to the West Virginia freedom of
information act. Data compiled in aggregate form by the commission
for the purposes of reporting required by this section is a public
record as defined in the West Virginia freedom of information act,
as long as it does not reveal trade information that is protected
by state or federal law.
(5) This section may be enforced in a civil action brought by the governor. A manufacturer or labeler that fails to provide a
report as required by this section commits a civil violation for
which a fine of ten thousand dollars per violation plus costs and
attorney's fees may be adjudged.
§5A-3C-12. State role.
(a) For purpose of implementing this article, the state
represented by the commission shall have authority to negotiate
pharmaceutical prices to be paid by program participants. These
negotiated prices shall be available to all program participants.
(b) Each pharmacy participating in the program may be eligible
for a rebate in an amount to be determined by the commission for the
purpose of preventing any loss of income by pharmacies for program
participation.
§5A-3C-13. Rulemaking.
The commission may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code to implement any section of this article.
§5A-3C-14. Sunset provision.
The commission shall continue to exist, pursuant to the
provisions of article ten, chapter four of this code, until the
first day of July, two thousand eight, unless sooner terminated,
continued or reestablished pursuant to the provisions of that
article.
§5A-3C-15. Potential use of savings.
Savings identified by all program participants shall be
quantified and certified to the commission and to the Legislature.
Savings, or any part thereof, created by the implementation of this
program may, in the sole discretion of the Legislature, be directed
towards the maintenance of existing state health programs and the
expansion of insurance programs for the uninsured and underinsured.
Following discussion,
The question being on the adoption of the amendments offered
by Senators Rowe and Hunter to the Finance committee amendment to
the bill (Eng. H. B. No. 4084), and on this question, Senator Hunter
demanded the yeas and nays.
The roll being taken, the yeas were: Deem, Hunter, Rowe and
Sprouse--4.
The nays were: Bailey, Boley, Bowman, Caldwell, Chafin,
Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Sharpe, Smith, Snyder, Unger, Weeks and Tomblin (Mr.
President)--28.
Absent: Fanning and White--2.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the amendments offered by
Senators Rowe and Hunter to the Finance committee amendment to the
bill (Eng. H. B. No. 4084) rejected.
The question now being on the adoption of the Finance committee amendment to the bill, the same was put and prevailed.
The bill (Eng. H. B. No. 4084), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger and
Tomblin (Mr. President)--26.
The nays were: Guills, Harrison, Rowe, Smith, Sprouse and
Weeks--6.
Absent: Fanning and White--2.
Having been engrossed, the bill (Eng. H. B. No. 4084) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Fanning and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4084) passed.
At the request of Senator Prezioso, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. House Bill No. 4084--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5,
§5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11,
§5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17,
all relating generally to the creation of a pharmaceutical program
for the state; legislative findings; definitions; creation of the
prescription drug assistance clearinghouse program; requiring costs
of program to be paid by drug manufacturers; transfer of ownership
of the program to the state; establishment of pharmaceutical
discount program; eligibility for participation in the
pharmaceutical discount program; discount pass through; creation of
a West Virginia pharmaceutical cost containment authority;
establishing membership; establishing powers and responsibilities; reporting requirements; authority to investigate the feasibility of
purchasing Canadian drugs; authority to explore numerous strategies,
policies and programs, including, but not limited to, referenced
prices for prescription drug purchases and pricing in the state;
state responsibilities; prohibiting restraint of trade; providing
civil and criminal penalties for restraint of trade; advertising
costs and reporting; rule-making authority; sunset provisions; and
identifying potential use of savings.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Fanning and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4084) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4097, Clarifying those persons or entities
responsible for paying certain fees assessed by the clerk of the
circuit court for processing of criminal bonds and bailpiece.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4097) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4104, Creating the felony
crime of scanning device or reencoder fraud.
And has amended same.
Eng. Com. Sub. for House Bill No. 4373, Making it a crime to
alter a traffic-control device with an infrared or electronic device.
And has amended same.
Eng. Com. Sub. for House Bill No. 4388, Creating new
misdemeanor and felony offenses and associated penalties related to
the possession, creation and use of original, duplicated, altered
or counterfeit retail sales receipts and universal product code
labels with the intent to defraud.
And has amended same.
And,
Eng. House Bill No. 4598, Restricting courts from requiring
conditions on the out of home placement of children inconsistent
with existing licensing regulations.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 4104, Eng. Com.
Sub. for H. B. No. 4373, Eng. Com. Sub. for H. B. No. 4388 and Eng.
H. B. No. 4598) contained in the preceding report from the Committee
on the Judiciary were each taken up for immediate consideration,
read a first time and ordered to second reading.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Eng. House Bill No. 4451, Clarifying that the economic
development authority and tax commissioner are authorized to require
certain examination and compliance actions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
Senator Plymale, from the Committee on Education, submitted the
following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill 4554, Relating to the rights, privileges and
benefits of substitute service personnel employed to fill vacancies
created by leaves of absence.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 4554) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Eng. House Bill No. 4627, Honoring academic performance of West
Virginians graduating from U.S. military academies.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The Senate proceeded to the sixth order of business.
Senators Prezioso, McCabe, Caldwell, Jenkins and Rowe offered
the following resolution:
Senate Concurrent Resolution No. 79--
Requesting the Joint
Committee on Government and Finance study the childhood obesity
epidemic in West Virginia.
Whereas, The prevalence of obesity has increased sharply among
American children and adolescents since its recognition as a
national health risk nearly a half century ago; and
Whereas, According to the Department of Health and Human Resources, 40 percent of children in West Virginia are either
overweight or obese; and
Whereas, Twenty-two percent of middle and high school students
ages 12 to 18 report that they engage in little or no strenuous
physical activity, with an even higher percentage having high-fat
diets; and
Whereas, Physical education is taught only 2.6 days per week
on average in elementary schools and only one semester on average
in middle school. Less than 40 percent of students are able to pass
the President's Physical Fitness Test; and
Whereas, Among school-age children, only 18 percent report
eating five servings of fruit and vegetables daily; and
Whereas, Obesity presents numerous problems for children. In
addition to increasing the risk of obesity in adulthood, childhood
obesity is the leading cause of pediatric hypertension, is
associated with Type II diabetes mellitus (also known as adult
on-set diabetes), increases the risk of coronary heart disease and
increases stress on the weight-bearing joints; and
Whereas, The deleterious effects of obesity on chronic disease
risks, its multiplicity of causes, its persistence from childhood
into adulthood, the paucity of successful treatment options and the
complexities of treatment guidelines all argue for increased
attention to the healthy prevention of excessive weight gain
starting as early in life as possible; and
Whereas, This societal challenge can be dealt with through a
host of treatments such as, but not limited to, family education,
physical activity, healthy nutrition, behavior modification, public
health resources and policy development; and
Whereas, Reversing these current trends among our youth will
require a multifaceted approach, as well as active participation of
health officials, researchers, educators and legislators in the
formulation of obesity prevention programs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the childhood obesity epidemic in West Virginia;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and,
be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators
Caldwell, Helmick, Edgell, Facemyer, Sharpe, Prezioso,
Kessler, Ross, Dempsey, Minard, Unger, Rowe, Hunter, Jenkins, Fanning, Oliverio, Chafin and Love
offered the following resolution:
Senate Concurrent Resolution No. 80--
Requesting the Joint
Committee on Government and Finance study problems with vision
services in West Virginia.
Whereas, Many low-income residents of this state have trouble
with their vision and ocular health; and
Whereas, Many people who need vision services or are in need
of updated prescriptions for eyeglasses cannot afford vision
services and do not have access to vision insurance or monetary
assistance for vision care; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study problems with vision services in West Virginia;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study of vision services include, but not be limited to,
the lack of private, state and federal assistance for regular vision
check-ups and the purchase of eyeglasses; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and,
be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Sprouse, Harrison, Unger, Minard, Caldwell and Jenkins
offered the following resolution:
Senate Resolution No. 32--
Designating March 5, 2004, as "West
Virginia Home School Day".
Whereas, The State of West Virginia is committed to excellence
in education and recognizes that parental involvement and
individualized attention to educational success are the unique and
basic ingredients of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and
good citizenship and are prepared academically to meet the
challenges of today's society; and
Whereas, Contemporary studies continue to confirm that children
who are educated at home score exceptionally well on nationally
normed achievement tests; and
Whereas, Home-schooled students have scored above the national
average on the SAT and the ACT tests; and
Whereas, Home-schooled students are competitive with publicly
and privately schooled students at the college level; therefore, be
it
Resolved by the Senate:
That the Senate hereby designates March 5, 2004, as "West
Virginia Home School Day"; and, be it
Further Resolved, That the Senate hereby recognizes the
dedication and commitment to quality education exemplified by home
schoolers, their teachers and their families; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Home Educators
Association and the Christian Home Educators of West Virginia.
At the request of Senator Sprouse, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Tomblin (Mr. President), Bailey, Weeks, Plymale,
Minard, Caldwell, Jenkins, Unger and Rowe
offered the following
resolution:
Senate Resolution No. 33--Congratulating Cynthia Stark, RN,
BSN, on her selection as the 2003-2004 West Virginia School Nurse
of the Year.
Whereas, Cynthia Stark has been a certified school nurse with
the Raleigh County school system for 15 years; and
Whereas, Cynthia Stark has been instrumental in obtaining grants for health education in Raleigh County schools and has
received grants from the Education Alliance, the Beckley Area
Foundation, the Raleigh County Medical Auxiliary and the West
Virginia Department of Education Safe and Drug-Free Schools
Initiative; and
Whereas, During her career, Cynthia Stark has become an expert
on AIDS education, integrating it into presentations on health,
nutrition and sports; and
Whereas, Cynthia Stark attends hundreds of meetings with
parents, students and staff to develop health care plans and to
ensure that the health needs of students are met during the school
day. She also trains school staff to deal with health concerns so
that students with health problems can be safe; and
Whereas, Practicing good health is vital to a child's education
and school nurses, like Cynthia Stark, play an important role in
providing the tools children need to succeed; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Cynthia Stark on her
selection as the 2003-2004 West Virginia School Nurse of the Year;
and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Cynthia Stark, 2003-2004 West Virginia
School Nurse of the Year.
At the request of Senator Bailey, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Oliverio, Prezioso, Boley, Deem, Unger, Snyder, Minard
and Caldwell offered the following resolution:
Senate Resolution No. 34--Congratulating the 2004 Prudential
Spirit of Community Award honorees and finalists.
Whereas, Shilo Summers and Anthony Lauer have distinguished
themselves by receiving the 2004 Prudential Spirit of Community
Award which recognizes exemplary volunteer service and honors young
volunteers across America who have demonstrated an extraordinary
commitment to serving their communities; and
Whereas, Shilo Summers, a fifth-grade student at Monongah
Middle School, was named West Virginia's top middle school-level
youth volunteer for her involvement in environmental issues through
her project, "Guardian for Earth"; and
Whereas, Anthony Lauer, a sophomore at St. Marys High School,
raised funds and coordinated efforts to build a community monument
and park honoring 51 men, including his grandfather and other family
members, who were killed when the power plant tower on Willow Island
collapsed in 1978; and
Whereas, Natalie Pitrolo, a senior at East Fairmont High
School, and Kristy Keefer, a senior at Berkeley Springs High School,
were also recognized as distinguished finalists for the 2004
Prudential Spirit of Community Award; and
Whereas, The success of the State of West Virginia, the
strength of its communities and the overall vitality of American
society depends, in great measure, upon the dedication of young
people like Shilo Summers, Anthony Lauer, Natalie Pitrolo and Kristy
Keefer; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the 2004 Prudential Spirit
of Community Award honorees and finalists; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Shilo Summers, Anthony Lauer, Natalie
Pitrolo and Kristy Keefer.
At the request of Senator Oliverio, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Weeks, and by unanimous
consent, the remarks by Senator Boley as to the adoption of Senate
Resolution No. 34 were ordered printed in the Appendix to the
Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Jenkins presented a petition from Lucy Ringer and
numerous retired school employees, requesting the Legislature
provide an annual cost-of-living adjustment to the pensions of
retired school employees.
Referred to the Committee on Pensions.
Senators Ross and Helmick presented a petition from Pam
Pennington and numerous West Virginia teachers, supporting the
merger of the Teachers Defined Benefit Retirement Plan with the
Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Minard presented a petition from Charles E. Jeffries
and numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Hunter presented a petition from Rosemary Houser and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senators Kessler and Edgell presented a petition from Melissa Flesher and numerous West Virginia teachers, supporting the merger
of the Teachers Defined Benefit Retirement Plan with the Teachers
Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Bailey presented a petition from Viola Lynn Toler and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senators Unger and Snyder presented a petition from Kathleen
A. Mills and numerous West Virginia teachers, supporting the merger
of the Teachers Defined Benefit Retirement Plan with the Teachers
Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Prezioso presented a petition from Debra A. Gump and
thirty-nine Cheat Lake Elementary School teachers, supporting the
merger of the Teachers Defined Benefit Retirement Plan with the
Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senators Boley and Deem presented a petition from Adam D.
Wilson and numerous West Virginia teachers, supporting the merger
of the Teachers Defined Benefit Retirement Plan with the Teachers
Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Sprouse presented a petition from Mike Reed and
numerous Kanawha County teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
At the request of Senator Chafin, and by unanimous consent, the
Senate returned to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Concurrent Resolution No. 81 (originating in the
Committee on Economic Development)--Requesting the Joint Committee
on Government and Finance study the procedure for applying for
funding for economic development projects.
Whereas, Numerous state agencies, including the Council for
Community and Economic Development, the Housing Development Fund,
the Economic Development Authority, the Infrastructure and Jobs
Development Council, the Department of Transportation, the Jobs
Investment Trust Fund, the Parkways, Economic Development and
Tourism Authority, the School Building Authority and the Tourism
Commission, receive applications for funding for economic
development projects; and
Whereas, There is insufficient funding resources for every worthy project and no clear procedure to prescreen and coordinate
the application process; and
Whereas, Senate Bill No. 617 introduced during the regular
session of the Legislature, 2004, proposes an Economic Development
Funding Committee, composed of representatives of state agencies
that fund economic development projects, to develop uniform
guidelines for review and evaluation of applications to determine
whether the application should be funded and from what source; and
Whereas, Under section eleven, article fifteen-a, chapter
thirty-one of the code of West Virginia, all West Virginia
infrastructure fund applications must first be reviewed and
recommended by the Council for Community and Economic Development;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the procedure for applying for funding for
economic development projects; and, be it
Further Resolved, That every state agency participating in
economic development funding should be included in the study; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 72, Requesting Joint Committee
on Government and Finance study use of remote control locomotive
technology in switching operations.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 73, Requesting Joint Committee
on Government and Finance study separate retirement system for
emergency medical system personnel.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the
Committee on Rules.
Senate Concurrent Resolution No. 74, Requesting Joint Committee on Government and Finance study excluding additional federal
retirement benefits from federal adjusted gross income.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the
Committee on Rules.
Senate Concurrent Resolution No. 75, Requesting Joint Committee
on Government and Finance study requiring arresting agency pay
certain costs of incarceration.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the
Committee on Rules.
Senate Concurrent Resolution No. 76, Requesting Joint Committee
on Government and Finance study effects of companies outsourcing
jobs.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the
Committee on Rules.
Senate Concurrent Resolution No. 77, Requesting Joint Committee
on Government and Finance study affordable housing trust fund.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the
Committee on Rules.
Senate Concurrent Resolution No. 78, Requesting Joint Committee
on Government and Finance study Wage Payment and Collection Act.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the
Committee on Rules.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 4108, Authorizing sun screening devices
that exceed statutory limits to be used in law-enforcement K-9 and
other emergency vehicles that haul animals.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4144, Excepting secretaries of real estate
brokers who set appointments with sellers and buyers from the scope
of practice.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Kessler, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 4167, Creating the Exotic
Animal Control Board to protect the health and safety of humans and the state's agricultural and forestry industries, its wildlife and
other natural resource interests from the introduction or spread of
disease.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Edgell, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 4273, Changing the authority
to appoint guardians of minors from the county commission to the
family court.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4377, Assessing a penalty on
those physicians who fail to pay the special assessment.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the provisions of Engrossed
Committee Substitute for Senate Bill No. 564.
The bill (Eng. Com. Sub. for H. B. No. 4377), as amended, was
then ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 3096, Authorizing cooperation
of campus police and rangers employed by the Hatfield-McCoy regional
recreation authority with other law-enforcement agencies.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 4040, Relating to criteria for making
decisions affecting the filling of vacancies if one or more
permanently employed instructional personnel apply for a classroom
teaching position.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Oliverio, Kessler, Prezioso and
Deem.
Thereafter, at the request of Senator Weeks, and by unanimous
consent, the remarks by Senator Oliverio were ordered printed in the
Appendix to the Journal.
On motion of Senator Chafin, a leave of absence for the day was
granted Senator White.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until Monday,
March 8, 2004, at 11 a.m.
____________