Senate Bill No. 326
(By Senators Plymale, Prezioso, Laird, Miller, Unger, Wells, Boley, Beach and Tucker)
[Originating in the Committee on Education;
reported March 6, 2013.]
A BILL to amend and reenact §18B-1A-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2A-3 of said code, all relating to institutional operating budgets; the West Virginia Network of Educational Telecomputing; requiring the Higher Education Policy Commission and Council for Community and Technical College Education to propose procedural rules by certain date; specifying prior approval by Legislative Oversight Commission on Education Accountability; setting forth goals and objectives for state institutions of higher education and specifying procedures for measuring attainment; designating a pilot year and requiring certain reports; specifying percentages of operating budgets to be applied to outcomes-based funding annually and designating total percentages; requiring establishment of legislative committee to advise in developing procedural rules; collecting, synthesizing and disseminating data from state institutions of higher education; directing institutional boards of governors to cooperate in certain data-related operations; and providing certain privacy protections.
Be it enacted by the Legislature of West Virginia:
That §18B-1A-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18B-2A-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST VIRGINIA.
§18B-1A-5. Financing; institutional operating budgets; additional funding.
(a) The commission and council each has the responsibility to develop a budget for the state system of higher education under its respective jurisdiction. The commission submits the budget request for higher education, including the budget request as developed by the council, to the Governor before September 1, annually. The budget requests 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 their respective jurisdictions. The budget appropriation for the state systems of higher education under this chapter and other provisions of the law consists of separate control accounts or institutional control accounts, or some combination of these 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.
(b) By July 1, 2013, the commission and council each shall promulgate a procedural rule pursuant to the provisions of article three-a, chapter twenty-nine-a of this code setting out a procedure to govern appropriation requests pursuant to this section.
(1) The procedural rules may not be implemented without prior approval of the Legislative Oversight Commission on Education Accountability.
(2) Any change the commission or council proposes to the rules required by this subsection after the initial approval and adoption, including amendment or repeal, requires prior approval by the Legislative Oversight Commission on Education Accountability.
(c) In developing the rules, the commission and council shall incorporate the recommendations contained in the Final Report to the West Virginia Select Committee on Outcomes-Based Funding Models in Higher Education (February 11, 2013) presented and approved pursuant to section one, article fourteen of this chapter.
(d) The procedural rules shall establish formulae that take into consideration different institutional missions and measure each institution’s success in accomplishing certain goals, including, but not limited to, the following:
(1) Student success as represented by certificate or degree completion;
(2) Student progression and persistence towards certificate or degree completion;
(3) Affordability and productivity represented by on-time certificate or degree completion;
(4) Institution differentiation as represented by a mission focus on research, job placement, workforce training, etc.;
(5) Educating priority populations of adult and low-income students; and
(6) Increasing certificates or degrees in high-need fields.
(e) The procedural rules shall establish appropriate weights, based on student numbers, to be assigned to each of the goals set forth in subsection (c) of this section. The appropriate weights shall be established to accomplish best the goal of an additional 20,000 certificates or degrees earned in the state system of higher education by July 1, 2018.
(f) The formulae established by the procedural rules shall be used in a pilot project for the fiscal year beginning on July 1, 2013, to determine what changes in request for appropriations from general revenue to each institution would have been made for that fiscal year.
(1) For the pilot year the formulae shall assume that a total of five percent of the appropriations from general revenue for the previous fiscal year would be reallocated among the institutions in the state system of higher education based on the objectives achieved by each institution within the broad goals set out in this section.
(2) The results of this application of the formulae for the pilot year shall be reported to each institution and to the Legislative Oversight Commission on Education Accountability.
(g) For the fiscal year beginning on July 1, 2015, the formulae shall be used by the commission and council in their respective appropriation requests to reallocate among the institutions of higher education under their jurisdiction five percent of the appropriations from general revenue in the prior fiscal year. In each successive fiscal year the appropriation request shall reallocate an additional five percent of general revenue based on the appropriate formula until a total of twenty-five percent of reallocation is included in the appropriation request for each succeeding fiscal year.
(h) The President of the Senate and the Speaker of the House of Delegates jointly shall appoint a select committee for outcomes-based formulae rules finalization which shall advise the commission and council on promulgation of the procedural rules required by this section. The select committee periodically shall advise the commission and council on amendments to the formulae and procedural rules considered necessary to advance the goals set out in this section.
(i) The commission and council may not request an increase in appropriations under this section for any institution without an approved compact pursuant to section seven, article one-d of this chapter.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-3. Supervision of governing boards; promulgation of rules; data collection and dissemination.
(a) The governing boards are subject to the supervision of the commission or the council, as appropriate, except in those instances where specific statutory exceptions are granted by law to the governing boards of Marshall University and West Virginia University.
(b) The governing boards of all state institutions of higher education are subject to the provisions of law that relate to the administration of personnel matters including, specifically, articles seven, eight, nine and nine-a of this chapter and to rules promulgated and adopted in accordance with these provisions.
(c) The Chancellor for Higher Education and the Chancellor for Community and Technical College Education, under the supervision of their respective boards, are responsible for the coordination of policies, purposes and rules of the governing boards and shall provide for and facilitate sufficient interaction among the governing boards and between the governing boards and the State Board of Education to meet the goals and objectives provided in the compacts and in section one-a, article one and article one-d of this chapter.
(d) The governing boards and the State Board of Education shall provide all information requested by the commission and the council, whether the request is made separately or jointly, in an appropriate format and in a timely manner.
(1) Each governing board shall cooperate with the West Virginia Network for Educational Telecomputing (WVNET) in designing appropriate interfaces with the databases of institutions under its jurisdiction and shall grant WVNET direct access to these databases.
(2) WVNET, on behalf of the commission or council or both, shall generate reports from the data accessed for the purposes set forth in section five, article one-a and sections eight and ten, article one-d of this chapter.
(3) All data accessed or received from an institution shall be treated in a manner consistent with the privacy protections outlined in section ten, article one-d of this chapter.