H. B. 2553
(By Delegate Walters)
[Introduced
January 11, 2006
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §18B-1B-4 of the Code of West Virginia,
1931, as amended, relating to requiring the Higher Education
Policy Commission to ensure that no person employed by any
state institution of higher education, or who provides
services to any state institution of higher education or to
the Higher Education Policy Commission, performs or
participates in or instructs students in how to perform any
abortion or abortion procedure; and creating a criminal
penalty for persons who are employed by any state institution
of higher education, or who provide services to any state
institution of higher education or to the Higher Education
Policy Commission from performing or participating in or
instructing students in how to perform any abortion or
abortion procedure.
Be it enacted by the Legislature of West Virginia:
That §18B-1B-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§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 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;
(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) 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 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) Serve as the accountability point to:
(A) The Governor for implementation of 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;
(7) 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;
(8) Establish and implement a peer group for each institution
as described in section three, 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 pursuant to
section two, article one-a of this chapter;
(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 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
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 (11) of this subsection and the
justification for such priority;
(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;
(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.
(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. Such a project may not be pursued by an
institution without the approval of the Commission. 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;
(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;
(14) Employ a chancellor for higher education pursuant to
section five of this article;
(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;
(16) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(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;
(18) Approve the total compensation package from all sources
for 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;
(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;
(20) Approve and implement a uniform standard 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 chancellors shall develop a
clear, concise explanation of the standard which they shall
communicate to the State Board of Education and the State
Superintendent of Schools;
(21) Review and approve or disapprove capital projects as
described in subdivision (11) of this subsection;
(22) Jointly with the council, 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; and
(B) 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;
(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;
(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 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;
(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;
(27) Seek out and attend regional, national and international
meetings and forums on education and workforce 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;
(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;
(29) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government a budget
that reflects recommended appropriations 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;
(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;
(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;
(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;
(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 and the council 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;
(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
(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 and council consider
appropriate.
(37) Ensure that no person employed by, compensated by or
providing any services for, any state institution of higher
education or the Commission performs or participates in or
instructs students in how to perform any specific abortion or any
abortion procedure: Provided, That this subdivision shall not
interfere with the teaching or performing of medical procedures
which have valid uses apart from the performing of abortions:
Provided, however, That nothing in this subdivision may be
construed to endorse, allow, permit, or approve of any abortion:
Provided further, That any person employed by, compensated by, or
providing any services for, any state institution of higher
education or the Commission, who performs or participates in or
instructs any student in how to perform any specific abortion or
any abortion procedure is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one thousand
dollars.
(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 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 necessary to administer those
programs;
(7) 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.
NOTE: The purpose of this bill is to require the Higher
Education Policy Commission to ensure that no person employed by
any state institution of higher education, or who provides services
to any state institution of higher education or to the Higher
Education Policy Commission, performs or participates in or
instructs students in how to perform any abortion or abortion
procedure. The bill also creates a criminal penalty for persons
who are employed by any state institution of higher education, or
who provides services to any state institution of higher education
or to the Higher Education Policy Commission who perform or
participate in or instruct students in how to perform any abortion
or abortion procedure.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.