Enrolled Version - Final Version
Senate Bill 499 History
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ENROLLED
Senate Bill No. 499
(By Senators Plymale, Wells, Browning, Edgell, Foster, Laird, Oliverio,
Stollings, Unger, White, Barnes, Boley and Guills)
____________
[Passed March 13, 2010; in effect from passage.]
_____________
AN ACT to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-3C-7a; and to
amend and reenact
§18B-3C-8 of said code
, all relating to
community and technical colleges; name changes for certain
community and technical colleges; and modifying the location
requirement for certain community and technical college
headquarters
.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-3C-7a; and that
§18B-3C-8 of said code be amended and reenacted, all to read as
follows:
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§
18B-3C-7a. Bridgemont Community and Technical College; Kanawha
Valley Community and Technical College; Mountwest Community
and Technical College.
(a)
The Community and Technical College at West Virginia
University Institute of Technology is hereafter named "Bridgemont
Community and Technical College". Any reference in this code to
the Community and Technical College at West Virginia University
Institute of Technology means Bridgemont Community and Technical
College.
(b) Marshall Community and Technical College is hereafter
named "Mountwest Community and Technical College". Any reference
in this code to Marshall Community and Technical College means
Mountwest Community and Technical College.
(c) West Virginia State Community and Technical College is
hereafter named "Kanawha Valley Community and Technical College".
Any reference in this code to West Virginia State Community and
Technical College means Kanawha Valley Community and Technical
College.
§18B-3C-8. Legislative findings and intent; statewide network of
independently accredited community and technical colleges;
operations and administration.
(a) Legislative findings. --
(1) The Legislature has enacted legislation, beginning with
Enrolled Senate Bill No. 653, passed during the two thousand
regular session, and continuing with Enrolled Senate Bill No. 703,
passed during the two thousand one regular session, Enrolled House
Bill No. 2224, passed during the two thousand three regular session, and Enrolled Senate Bill No. 448, passed during the two
thousand four regular session, the purpose of which is to
strengthen the state's community and technical colleges, clarify
their core mission and establish essential conditions to be met,
and ensure the most effective delivery of services to business,
industry, and West Virginia citizens in every region of the state.
(2) The primary goal of the Legislature is to create a
statewide network of independently accredited community and
technical colleges that focuses on technical education, work force
training, and lifelong learning for the Twenty-first Century,
consistent with the goals, objectives, priorities and essential
conditions established in articles one, one-d and three-c of this
chapter.
(3) A necessary precedent to accomplishing the legislative
goal is to change the way that leaders at all levels of education,
including institutional governing boards, view community and
technical colleges. Specifically, that the mission of community
and technical colleges is different from that of traditional
four-year colleges in what they seek to accomplish and how they can
achieve it effectively and that the state can not compete
successfully in today's information-driven, technology-based
economy if community and technical colleges continue to be viewed
as add-ons or afterthoughts attached to the baccalaureate
institutions.
(b) Legislative intent. --
(1) Therefore, it is the intent of the Legislature that the
statewide network of independently-accredited community and
technical colleges as a whole and each independent community and
technical college individually provide the following types of
services as part of the core institutional mission:
(A) Career and technical education certificate, 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;
(B) Transfer education associate of arts and associate of
science degree programs for students whose educational goal is to
transfer into a baccalaureate degree program with particular
emphasis on reaching beyond traditional college-age students to
unserved or underserved adult populations;
(C) Developmental/remedial education courses, 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;
(D) Work force development education contracted with business
and industry to train or retrain employees;
(E) Continuing development assistance and education credit and
noncredit courses for professional and self-development, certification and licensure, and literacy training; and
(F) 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 the institution serves.
(2) It is further the intent of the Legislature that each
community and technical college focus special attention on
programmatic delivery of their core mission services to unserved
and underserved populations to achieve established state
objectives. These include the following as highest priorities:
(A) Increasing the number of adults age twenty-five and above
who participate in post-secondary education;
(B) Developing technical programs that meet the documented
occupational needs of West Virginia's employers;
(C) Providing work force development programs by implementing
the Adult Career Pathways Model, which provides opportunities for
the following:
(i) Adults to earn certifications through the completion of
skill-sets;
(ii) Ordered progression from skill-sets and certifications to
one-year certificate programs and progression from one-year
certificate degrees to Associate of Applied Science Degree
programs, and
(iii) Students to exit at any stage of completion in order to enter employment with the option of continuing the pathway
progression at a later time and/or on a part-time basis.
(D) Offering programs in various time frames other than the
traditional semester delivery model and at different locations,
including work sites, convenient to working adults;
(E) Providing technical programs in modules or "chunks",
defined in competencies required for employment, and tied to
certification and licensing requirements.
(F) Entering into collaborative programs that recognize
high-quality training programs provided through labor unions,
registered apprenticeships, and industry-sponsored training
programs with the goal of enabling more adults to earn a college
credential;
(G) Developing innovative approaches to improve the basic and
functional literacy rates of West Virginians in all regions of the
state;
(H) Developing "bridge programs" for disadvantaged youth and
adults to enable them to acquire the skills necessary to be
successful in education and training programs that lead to
high-skills, high-wage jobs; and
(I) Providing access to post-secondary education through the
delivery of developmental education for those individuals
academically under-prepared for college-level work.
(c) In fulfillment of the purposes and intent defined in subsections (a) and (b) of this section, there is continued a
statewide network of independently accredited community and
technical colleges serving every region of the state. Each
free-standing and independent community and technical college is
strongly encouraged to serve 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
afford the most coordinated access to needed programs and services
by students, employers and other clients, to achieve the goals,
objectives, and essential conditions established in articles one,
one-d, and three-c of this chapter, and to ensure the most
efficient use of scarce resources.
(d) Statewide network of independently accredited community
and technical colleges. --
(1) By July 1, 2009, each governing board of a community and
technical college which became independent on July 1, 2008, shall
make a determination by majority vote of the board whether to keep
the current name for its respective institution or to select a new
name. If a governing board chooses to select a new name, any
reference in this code to that institution by a name in use prior
to July 1, 2009, means the institution under the name designated by
its board of governors.
(2) The statewide network of independently accredited
community and technical colleges is comprised of the following independent state institutions of higher education under the
jurisdiction of the council:
(A) Blue Ridge Community and Technical College. --
Blue Ridge Community and Technical College is an independently
accredited state institution of higher education. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering
to the essential conditions pursuant to section three of this
article.
(B) Bridgemont Community and Technical College. --
(i) Bridgemont Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with West Virginia University
Institute of Technology, a division of West Virginia University, or
directly with West Virginia University, subject to the provisions
of section twelve of this article. The president and the governing
board of the community and technical college are responsible for
maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(ii) 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 governing boards of the community and
technical college and West Virginia University Institute of
Technology or directly with West Virginia University, as
appropriate. The final contract may not be implemented until
approved by the council except that any contract between the
community and technical college and West Virginia University
Institute of Technology or West Virginia University related to
program delivery under the terms of this section in effect on July
1, 2008, shall continue in effect until July 1, 2009, unless
amended or revoked before that date by mutual agreement of the
contract parties with approval 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.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia University Institute of Technology and Bridgemont
Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(C) Eastern West Virginia Community and Technical College. --
Eastern West Virginia Community and Technical College is a
free-standing state institution of higher education seeking
independent accreditation. The president and the governing board
of Eastern Community and Technical College are responsible for
achieving independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(D) Mountwest Community and Technical College. --
(i) Mountwest Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Marshall University subject
to the provisions of section twelve of this article. The president
and the governing board of the community and technical college are
responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this
article.
(ii) 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 Mountwest Community and Technical College. The terms
of the contract shall be negotiated between the governing boards of
the community and technical college and Marshall University. The
final contract may not be implemented until approved by the council
except that any contract between the community and technical
college and Marshall University related to program delivery under
the terms of this section in effect on July 1, 2008, shall continue
in effect until July 1, 2009, unless amended or revoked before that
date by mutual agreement of the contract parties with approval 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
Mountwest Community and Technical College.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Marshall
University and Mountwest Community and Technical College relating
to delivery of dual credit courses as defined in section two,
article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(E) New River Community and Technical College. --
(i) New River Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with Bluefield State College
subject to the provisions of section twelve of this article. The
community and technical college is headquartered in or near Beckley
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.
(ii) The president and the governing board of New River
Community and Technical College are responsible for maintaining
independent accreditation and adhering to the essential conditions
pursuant to section three of this article.
(iii) 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 governing
boards of the community and technical college and Bluefield State
College. The final contract may not be implemented until approved
by the council except that any contract between the community and
technical college and Bluefield State College related to program
delivery under the terms of this section in effect on the July 1,
2008, shall continue in effect until July 1, 2009, unless amended
or revoked before that date by mutual agreement of the contract
parties with approval 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 New River Community and Technical College.
(iv) 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.
(v) 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 work force
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.
(F) Pierpont Community and Technical College. --
(i) Pierpont Community and Technical College is an independent
state institution of higher education seeking independent
accreditation. The president and the governing board of Pierpont
Community and Technical College, assisted by the president and
governing board of Fairmont State University, are responsible for
the community and technical college achieving independent
accreditation and adhering to the essential conditions pursuant to
sections three and thirteen of this article.
(ii) Fairmont State 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 Fairmont State University. The final contract
may not be implemented until approved by the council except that
any contract between the community and technical college and
Fairmont State University related to program delivery under the
terms of this section in effect on July 1, 2008, shall continue in
effect until July 1, 2009, unless amended or revoked before that
date by mutual agreement of the contract parties with approval 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. 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.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between Fairmont
State University and Pierpont Community and Technical College
relating to delivery of dual credit courses as defined in section
two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(G) Southern West Virginia Community and Technical College.
-- Southern West Virginia Community and Technical College is an independently-accredited, free-standing state institution of higher
education. The president and the governing board of Southern West
Virginia Community and Technical College are responsible for
maintaining independent accreditation and adhering to the essential
conditions pursuant to section three of this article.
(H) West Virginia Northern Community and Technical College.
-- West Virginia Northern Community and Technical College is an
independently-accredited, free-standing state institution of higher
education. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(I) Kanawha Valley Community and Technical College. --
(i) Kanawha Valley State Community and Technical College is an
independently accredited state institution of higher education
which may maintain an association with West Virginia State
University subject to the provisions of section twelve of this
article. The president and the governing board of the community
and technical college are responsible for maintaining independent
accreditation and adhering to the essential conditions pursuant to
section three of this article.
(ii) 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 governing
boards of the community and technical college and West Virginia
State University. The final contract may not be implemented until
approved by the council except that any contract between the
community and technical college and West Virginia State University
related to program delivery under the terms of this section in
effect on July 1, 2008, shall continue in effect until July 1,
2009, unless amended or revoked before that date by mutual
agreement of the contract parties with approval 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.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement
in place on the effective date of this section between West
Virginia State University and Kanawha Valley Community and
Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical
courses that are part of a certificate or associate degree program
as early entrance or dual credit courses for high school students;
and
(III) Subject to an agreement between the baccalaureate
institution and the community and technical college, the latter may
deliver early entrance and dual credit courses as defined in
section two, article one of this chapter to students in high
schools which are not served by the baccalaureate institution.
(J) West Virginia University at Parkersburg. --
(i) West Virginia University at Parkersburg is an
independently accredited state institution of higher education
which may maintain an association with West Virginia University
subject to the provisions of section twelve of this article. The
president and the governing board of the community and technical
college are responsible for maintaining independent accreditation
and adhering to the essential conditions pursuant to section three
of this article.
(ii) Any contract between the community and technical college
and West Virginia University related to program delivery under the
authority of the council or related to delivery of baccalaureate
programs, in effect on July 1, 2008, shall continue in effect
unless amended or revoked by mutual agreement of the contract parties with approval by the council.
(iii) In recognition of the unique and essential part West
Virginia University at Parkersburg plays in providing education
services in its region, the community and technical college may
continue delivering baccalaureate degree programs offered at the
institution on the effective date of this section, may implement
additional baccalaureate programs with the approval of the
commission and is strongly encouraged:
(I) To continue and expand its role as a higher education
center pursuant to subsection (c) of this section; and
(II) To broker from West Virginia University and other higher
education institutions, as appropriate, additional baccalaureate
level degree programs the community and technical college
determines are needed in its service region.
(III) Any baccalaureate degree programs offered at the
community and technical college shall be delivered under the
authority of the commission. The program shall be evaluated
according to the benchmarks and indicators for baccalaureate
education developed by the commission.