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Chapter 18 B     Entire Code
‹ Chapter 18  |  Chapter 18A › Printer Friendly Versions
Chapter 18B  |  Article 18B - 14  |  Section 11

1 - GOVERNANCE

1A - COMPACT WITH HIGHER EDUCATION

1B - HIGHER EDUCATION POLICY COMMIS

1C - TRANSITION IMPLEMENTATION

1D - HIGHER EDUCATION ACCOUNTABILIT

1E - WEST VIRGINIA UNIVERSITY INSTI

1F - MANAGEMENT AGREEMENTS FOR THE

2 - UNIVERSITY OF WEST VIRGINIA BOA

2A - INSTITUTIONAL BOARDS OF GOVERN

2B - WEST VIRGINIA COUNCIL FOR COMM

2C - WEST VIRGINIA COMMUNITY AND TE

3 - BOARD OF DIRECTORS OF THE STATE

3A - WEST VIRGINIA JOINT COMMISSION

3B - COLLABORATIVE DEGREE COMPLETIO

3C - COMMUNITY AND TECHNICAL COLLEG

3D - WORKFORCE DEVELOPMENT INITIATI

3E - EASTERN WEST VIRGINIA COMMUNIT

3F - REORGANIZATION OF COMMUNITY A

4 - GENERAL ADMINISTRATION

5 - HIGHER EDUCATION BUDGETS AND EX

6 - ADVISORY COUNCILS

7 - PERSONNEL GENERALLY

8 - HIGHER EDUCATION FULL-TIME FACU

9 - CLASSIFIED EMPLOYEE SALARY SCHE

9A - CLASSIFICATION AND COMPENSATIO

10 - FEES AND OTHER MONEY COLLECTE

11 - MISCELLANEOUS INSTITUTES AND

11A - STATE AUTISM TRAINING CENTER

11B - WEST VIRGINIA POISON CENTER

12 - RESEARCH AND DEVELOPMENT AGRE

12A - CENTERS FOR ECONOMIC DEVELOP

13 - HIGHER EDUCATION -- INDUSTRY

15 - SEVERABILITY

16 - HEALTH CARE EDUCATION

17 - LEGISLATIVE RULES

18 - EMINENT SCHOLARS ENDOWMENT TR

18A - DIRECTED RESEARCH ENDOWMENTS

18B - SCIENCE AND RESEARCH COUNCIL

19 - CAPITAL PROJECTS AND FACILITI

WVC 18B- CHAPTER 18B. HIGHER EDUCATION.
WVC 18 B- 14 - ARTICLE 14. MISCELLANEOUS.

WVC 18 B- 14 - 1 §18B-14-1. Select committee on outcomes-based funding models in higher education.

     (a) The Legislature makes the following findings regarding public higher education:

     (1) It is in the best interest of the citizens to have an effective and comprehensive system for the delivery of public higher education services. In order to achieve desired goals of economic growth and societal well being, it is critical that more citizens have some level of education beyond high school.

     (2) In Senate Bill 595 (Vision 2020), enacted in 2008 regular session, state policymakers established detailed goals and objectives that state institutions are expected to work toward achieving by the year 2020. Vision 2020 also provides mechanisms for measuring success and for holding the state systems of higher education accountable. It establishes clear-cut connections between the budget cycle, the goals and objectives and both positive and negative consequences.

     (3)  A variety of policy tools are available to influence and direct public higher education behavior, including organizing institutions into functional systems, creating governance structures and mechanisms designed to ensure that these systems and individual institutions focus on the public policy agenda and establishing outcomes-based goals, accountability measures and regulatory devices.

     (4) While these policy tools are useful, they are not sufficient to influence institutions, students and employers to behave in ways consistent with achieving the goals and objectives of Vision 2020 the public policy agenda. Resources appropriated to public higher education are used most effectively and efficiently when the attention of state colleges and universities is focused on meeting established priorities. This focus is developed and sustained only when the state financing policy contains a direct connection between the Legislature's power to appropriate money and desired institutional outcomes. Unlike rules which can be bent; law can be creatively interpreted; accountability requirements which can lose their effectiveness as they are filtered through layers of bureaucracy; and responsibility for implementation which is divided among agencies and, ultimately, is totally dependent upon institutional discretion, a financing policy that ties the flow of funds directly to progress on achieving established state goals and objectives commands immediate attention.

     (b) It is the constitutional responsibility of the Legislature to determine how to make the best use of available resources to meet state needs and established goals; therefore, the Joint Committee on Government and Finance shall create a select committee for the two-fold purpose of making a specific and detailed analysis of outcomes-based funding models used in higher education and providing recommendations to the Legislature on incorporating one or more of these models as an effective piece of the state's financing policy.

     (c) The select committee consists of the following members:

     (1) The President of the Senate or designee;

     (2) The Speaker of the House of Delegates or designee;

     (3) The chairs of the Senate and House of Delegates Committees on Education, who shall cochair the committee;

     (4) The vice chairs of the Senate and House of Delegates Committees on Education;

     (5) The chairs of the Senate and House of Delegates Committees on Finance or their designees;

     (6) The cochairs of the Joint Commission on Economic Development or their designees;

     (7) Two members each from the Senate Committees on Finance and Education appointed by the President of the Senate; and

     (8) Two members each from the House Committees on Finance and Education appointed by the Speaker of the House.

     (d) The select committee shall develop a report with recommendations on implementing a state-level financing plan which includes, but is not limited to, the following items:

     (1) A review of existing outcomes-based funding models for institutions and systems of higher education;

     (2) Identification of the top three to five public policy objectives that are to be the focus of the financing policy;

     (3) A review of outcomes-based funding models implemented in other states, including an evaluation of the degree to which these policies have succeeded in influencing institutional and system behavior;

     (4) Recommendations on methods to balance the inherent need of institutions for stability with the demands of the state for services as identified in Vision 2020 and the public policy agenda;

     (5) Recommendations on methods to develop a workable balance between addressing the well-being of institutions and the success of students; and

     (6) An analysis of the impact of different models on institutions with widely-differing missions, including recommendations on selecting and implementing the appropriate model for each type of institution specifically noting the impact of selected models on community and technical colleges, baccalaureate colleges and regional universities, and research universities.

     (e) The committee shall commence its work before May 15, 2012, and shall deliver its report and recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance by December 1, 2012. WVC 18 B- 14 - 2 §18B-14-2.
Repealed.

Acts, 2010 Reg. Sess., Ch. 56. WVC 18 B- 14 - 3 §18B-14-3.
Repealed.

Acts, 2010 Reg. Sess., Ch. 56. WVC 18 B- 14 - 4 §18B-14-4.
Repealed.

Acts, 2010 Reg. Sess., Ch. 56. WVC 18 B- 14 - 5 §18B-14-5.
Repealed.

Acts, 2010 Reg. Sess., Ch. 56. WVC 18 B- 14 - 5 A §18B-14-5a.
Repealed.

Acts, 2010 Reg. Sess., Ch. 56. WVC 18 B- 14 - 6 §18B-14-6.
Repealed.

Acts, 2010 Reg. Sess., Ch. 56. WVC 18 B- 14 - 7 §18B-14-7.
Repealed.

Acts, 2010 Reg. Sess., Ch. 56. WVC 18 B- 14 - 8 §18B-14-8.
Repealed.

Acts, 2008 Reg. Sess., Ch. 87.

WVC 18 B- 14 - 9 §18B-14-9. Legislative findings; establishment of study committee; membership; recommendations on higher education facilities.
(a) The Legislature finds that it is in the best interest of the state to have an effective and comprehensive system for the delivery of public higher education programs. West Virginia is one of the very few states in the nation which does not address higher education capital project and facilities maintenance needs through a statewide plan. State institutions of higher education vary widely in their ability to incur debt for capital projects and the conditions of their facilities infrastructure. Some institutions have incurred substantial amounts of debt to address capital needs, while other institutions have not.

The Legislature further finds that average tuition and fees for current and former administratively linked community and technical colleges rank well above the national average primarily because of the capital fees that students at those institutions have to pay. The large amount of capital fees that students must pay at the institution level contributes significantly to the poor grade the state receives each year in the category of "Affordability" on "Measuring Up: The National Report Card on Higher Education". Net college costs for state students who come from families in the lowest forty percent of the population in terms of income to attend community and technical colleges and four-year colleges and universities in West Virginia represent about forty-five percent of their family's annual income and there are few low-cost college opportunities.

The Legislature further finds that the high cost of capital fees contributes directly to the amount of debt incurred by students during their college years. The debt load, in turn, severely limits students' career choices and often dictates their place of residence after graduation.

(b) It is the responsibility of the Legislature to determine how to make the best use of available resources and how best to address the problems outlined in subsection (a) of this section. Therefore, the Joint Committee on Government and Finance shall create a committee for the purposes of making a specific and detailed analysis of higher education capital project and facilities maintenance needs and providing recommendations to the Legislature.

(c) The committee consists of the following members:

(1) The President of the Senate or designee;

(2) The Speaker of the House of Delegates or designee;

(3) The chairs of the Senate and House of Delegates Committees on Education, who shall cochair the committee;

(4) The vice chairs of the Senate and House of Delegates Committees on Education;

(5) The chairs of the Senate and House of Delegates Committees on Finance or their designees;

(6) The cochairs of the Joint Commission on Economic Development or their designees;

(7) Two members each from the Senate Committees on Finance and Education appointed by the President of the Senate; and

(8) Two members each from the House Committees on Finance and Education appointed by the Speaker of the House.

(d) The committee shall develop and recommend a state-level facilities plan which includes, but is not limited to, the following:

(1) A review of capital project and facilities maintenance needs of all state institutions of higher education and recommendations for addressing those needs;

(2) Recommendations concerning the appropriate capital debt load that reasonably should be maintained by the commission, council and state institutions of higher education;

(3) Recommendations for a funding mechanism to reduce the obligation of students and parents to bear the cost of higher education capital projects and facilities maintenance;

(4) Recommendations for maximizing changes in bonding capacity that will occur in two thousand twelve;

(5) Development of a uniform definition of deferred maintenance;

(6) Recommendations for an appropriate mechanism to target a percentage of state capital contributions to address deferred maintenance needs; and

(7) Recommendations for a transparent methodology to set priorities for funding capital projects.

(e) The committee shall commence its work on or before the fifteenth day of May, two thousand eight, and shall deliver its recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance by the first day of December, two thousand eight.

WVC 18 B- 14 - 10 §18B-14-10. Credit card solicitation on college campuses; regulation of credit card marketing.
(a) Definitions. -- For the purposes of this section, the following terms have the following meanings:

(1) "College campus" includes the premises and grounds of an institution of higher education;

(2) "Credit card debt education brochure" means the information developed by a college or university, by a registered nonprofit corporation or by other sources as identified and approved by the institution of higher education, that details the appropriate use, benefits and risks of incurring debt through the use of credit cards;

(3) "Credit card marketer" includes a person, corporation, financial institution or business entity that promotes, offers or accepts applications for a credit card;

(4) "Institution of higher education" means any of the following:

(i) A community college or technical college as defined in subsection (e), section two, article one of this chapter; and

(ii) Bluefield state college, Concord college, Glenville state college, Fairmont state college, Marshall university, West Virginia northern community college, West Liberty state college, Potomac state college of West Virginia university, Shepherd college, West Virginia university institute of technology, southern West Virginia community institute of technology, West Virginia university at Parkersburg, West Virginia school of osteopathic medicine, West Virginia state college, West Virginia university and all branch campuses of these institutions of higher education; and

(5) "Student" means a person who is at least eighteen years of age and who attends an institution of higher education whether on a full-time or part-time basis.

(b) The governing boards of each institution shall propose rules in accordance with the rule adopted by the higher education policy commission pursuant to the provisions of section six, article one of this chapter no later than the first day of July, two thousand three, to regulate the marketing practices used on campuses by credit card companies. In proposing these rules, the governing boards shall consider the following requirements:

(1) Registering on-campus credit card marketers;

(2) Limiting credit card marketers to specific institutional campus sites designated by the president or administrative head of the institution or his or her designee;

(3) Prohibiting credit card marketers from offering tangible gifts to students in exchange for completing a credit card application;

(4) Requiring that no application for the extension of debt through a credit card may be made available to a student unless the application is accompanied by a credit card debt education brochure;

(5) Whether or not to use or the appropriate use of student lists for the purpose of soliciting applications for credit cards; and

(6) Developing a credit card debt education presentation to be incorporated into orientation programs offered to new students.

(c) Unless a student's parent or guardian has agreed in writing to be liable as a cosigner for credit card debts of the student, no person may initiate a debt collection action against the parent or guardian regarding any credit card debt incurred by the student.

WVC 18 B- 14 - 11 §18B-14-11. Legislative findings; creation of Governor's Commission on Graduate Study in Science, Technology, Engineering, and Mathematics; membership; report.
(a) The Legislature finds that West Virginia ranks below most other states on key indicators of scientific and technical capacity, including the number of scientists and engineers who hold doctoral degrees, the number of science and engineering post-doctorates and the number of science and engineering graduate students.

(b) The Legislature further finds that this lack of scientific and technical capacity places the state at a competitive disadvantage to other states in terms of generating economic development and winning research grants, as evidenced by limited amounts of academic research and development funding, industrial research and development, small business innovation grant awards, technology-related start-up companies and the low number of high-tech jobs.

(c) To address these findings, there is created the Governor's Commission on Graduate Study in Science, Technology, Engineering and Mathematics, which may be cited as the STEM Commission, to address issues which include, but are not limited to, the following:

(1) Promoting coordination between higher education and K-12 education to create a seamless system of science and mathematics education and to improve science and mathematics education at all levels;

(2) Increasing the number of graduate students and post-doctorates in science, technology, engineering and mathematics, including the number of women and minority graduate students in these fields;

(3) Increasing the number of West Virginia undergraduate and graduate students who receive nationally competitive scholarships and fellowships in science, technology, engineering and mathematics, such as Goldwater, Howard Hughes, National Science Foundation and Udall Fellowships;

(4) Improving the quality of graduate faculty and programs in science, technology, engineering and mathematics;

(5) Aligning graduate programs in science, technology, engineering and mathematics with the goals and objectives of the State EPSCoR Program, the State Science and Technology Advisory Council, the West Virginia Development Office and the Doctoral Scholars Program of the Southern Regional Education Board; and

(6) Increasing the quantity and enhancing the quality of academic research, as measured by federal and external expenditures for research and development.

(d) STEM Commission membership. --

(1) The Commission is comprised of fourteen members selected as follows:

(A) The Governor or designee, who serves as Chair;

(B) The Chancellor for the Higher Education Policy Commission; (C) The Director of Academic Affairs of the Higher Education Policy Commission;

(D) The Executive Director of the State EPSCoR Program;

(E) The Executive Director of the West Virginia Development Office or designee;

(F) The provosts of Marshall University and West Virginia University or their designees;

(G) Five members appointed by the Governor who represent academic, business and research interests; and

(H) The Chair of the House of Delegates Committee on Education and the Chair of the West Virginia Senate Committee on Education as ex officio, nonvoting members who serve in an advisory capacity.

(2) At least two of the Governor's appointees are state residents.

(3) The Governor shall make appointments to the Commission so that members may begin their deliberations no later than the first day of July, two thousand five.

(e) The Commission shall complete its work and report its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability, the Higher Education Policy Commission and the State EPSCoR Advisory Council by the first day of December, two thousand five.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§18 B- 1 B- 6 - (Amended Code)
SENATE BILL - 483
PASSED - Regular Session

SB483 ENR  (Uploaded - 03/25/2014)
Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology
§18 B- 17 - 3 - (Amended Code)
HOUSE BILL - 4457
PASSED - Regular Session

hb4457 ENR  (Uploaded - 03/25/2014)
Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program
§18 B- 18 A- 1 - (Amended Code)
§18 B- 18 A- 2 - (Amended Code)
§18 B- 18 A- 3 - (Amended Code)
§18 B- 18 A- 8 - (Amended Code)
§18 B- 18 A- 9 - (Amended Code)
§18 B- 18 A- 11 - (Amended Code)
HOUSE BILL - 4496
PASSED - Regular Session

HB4496 SUB ENR  (Uploaded - 03/25/2014)
Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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