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Introduced Version House Bill 3215 History

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hb3215 intr
H. B. 3215


(By Delegates Doyle, Wysong and Tabb)
[Introduced January 9, 2008; referred to the
Committee on Education.]




A BILL to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-3C-8 of said code, all relating to removing the administrative link between Shepherd University and Blue Ridge Community and Technical College.

Be it enacted by the Legislature of West Virginia:
That §18B-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18B-3C-8 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.

The following words when used in this chapter and chapter eighteen-c of this code have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand seven, "regional campus" means West Virginia University at Parkersburg;
(b) "Governing boards" or "boards" means the institutional boards of governors created pursuant to section one, article two-a of this chapter;
(c) "Free-standing 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, and Blue Ridge Community and Technical College which 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 free-standing community and technical colleges and other state institutions of higher education which 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, Blue Ridge 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 delivery of community and technical college education programs;
(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;
(m) "Institutional operating budget" or "operating budget" means for any fiscal year an institution's total unrestricted education and general funding from all sources in 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;
(n) "Community and technical college education program" means any college-level course or program beyond the high school level provided through a public institution of higher education resulting in or which may result in 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 workforce 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;
(o) "Rule" or "rules" means a regulation, standard, policy or interpretation of general application and future effect;
(p) "Senior administrator" means the vice chancellor for administration employed in accordance with section two, article four of this chapter;
(q) "State college" means Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty State College or West Virginia State University;
(r) "State institution of higher education" means any university, college or community and technical college under the jurisdiction of a governing board as that term is defined in this section;
(s) Until the first day of July, two thousand seven, "regional campus" means West Virginia University at Parkersburg and West Virginia University Institute of Technology;
(t) The advisory board previously appointed for the West Virginia Graduate College is known as the "Board of Visitors" and shall provide guidance to the Marshall University Graduate College;
(u) "Institutional compact" means the compact between the commission or council and a state institution of higher education under its jurisdiction, as described in section two, article one-a of this chapter;
(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;
(w) "Administratively linked community and technical college" means a community and technical college created pursuant to section eight, article three-c of this chapter;
(x) "Sponsoring institution" means 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;
(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;
(z) "Broker" or "brokering" means serving as an agent on behalf of students, employers, communities or responsibility areas to obtain education services not offered 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;
(aa) "Council" means the West Virginia Council for Community and Technical College Education created pursuant to article two-b of this chapter; and
(bb) "West Virginia Consortium for Undergraduate Research and Engineering" or "West Virginia CURE" means the collaborative planning group established pursuant to article one-c of this chapter.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-8. Statewide network of independently accredited community and technical colleges.

(a) There is continued a statewide network of independently accredited community and technical colleges serving every region of the state. This section does not apply to the free-standing community and technical colleges or West Virginia University at Parkersburg.
(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 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 to the satisfaction of the council 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 which sets forth a proposed plan of expenditures for funds allocated to it from the fund.
(c) The statewide network of independently accredited community and technical colleges is comprised of the free-standing community and technical colleges, West Virginia University at Parkersburg and the following state institutions of higher education:
(1) New River Community and Technical College. --
(A) There is continued the multicampus entity known as New River Community and Technical College, administratively linked to Bluefield State College. New River Community and Technical College 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. New River Community and Technical College is an independently accredited community and technical college.
(B) Bluefield State College may continue associate degree programs in areas of particular institutional strength which are closely articulated to its 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.
(D) As an independently accredited community and technical college, New River also serves as a higher education center for its region by brokering with other colleges, universities and 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.
(E) New River Community and Technical College participates in the planning and development of a unified effort involving multiple providers to meet the documented education and workforce development needs in the region. Nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between Mountain State University, West Virginia University Institute of Technology and West Virginia University. 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) Marshall Community and Technical College. -- Marshall Community and Technical College is an independently accredited community and technical college. The new community and technical college is developed on the base of the 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 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 remains administratively linked to Marshall University. Marshall University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its 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) Blue Ridge Community and Technical College. -- Blue Ridge Community and Technical College is an independently accredited community and technical college. Subject to the provisions of section twelve of this article, the community and technical college remains administratively linked to Shepherd University. Shepherd University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its 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) (3) West Virginia State Community and Technical College. -- West Virginia State Community and Technical College is an independently accredited community and technical college. The new community and technical college is developed on the base of the 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 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 remains administratively linked to West Virginia State University. West Virginia State University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its 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) (5) The Community and Technical College at West Virginia University Institute of Technology. -- The Community and Technical College at West Virginia University Institute of Technology is an independently accredited community and technical college. The new community and technical college is developed on the base of the 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 are responsible, according to a plan approved by the 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 remains administratively linked to West Virginia University Institute of Technology. West Virginia University Institute of Technology may continue associate degree programs in areas of particular institutional strength which are closely articulated to its 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) The president and the board of governors of each sponsoring institution are accountable to the council for ensuring that the community and technical college adheres to the essential conditions pursuant to section three of this article.


NOTE: The purpose of this bill is to remove the administrative link between Blue Ridge Community and Technical College and Shepherd University.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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