SB 488 — Aligning state and federal accreditation rules

SB488WEST HFATVIRGINIA EllingtonLEGISLATURE 3-7WhiteREGULAR 3336 DelegateSESSION EllingtonEnrolled movedSenate toBill amend488 theBy billSenator byRucker striking[Passed outMarch the11, title2034; and substituting therefor a new title, to read as follows:“A BILL to amend and reenact §18B-4-7 of the Code of West Virginia, 1931, as amended;

in effect 90 days from passage] Enr SB 488 AN ACT to amend and reenact §18B-4-7 of the Code of West Virginia, 1931, as amended;

requiring thethecouncil,  council, commission, and governing boards to amend their regulations regarding accreditation by December 31, 2023;

and providing that any regulations that imply or state that certain accreditors must be used are incorrect and must be amended.   AdoptedRejected  amended.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4.

GENERAL ADMINISTRATION.

§18B-4-7.

Accreditation of institutions of higher education;

standards for degrees.

(a) The council shall make rules for the accreditation of community and technical colleges in this state and shall determine the minimum standards for conferring degrees.

The commission shall make rules for the accreditation of colleges in this state except the governing boards of the exempted schools shall make rules for their respective institutions, and each shall determine the minimum standards for conferring degrees.

The governing boards of the exempted schools shall promulgate rules pursuant to the provisions of §18B-1-6 of this code for the accreditation of their respective institutions.

(1) The council, commission, and governing boards of the exempted schools shall regularly update their rules regarding accreditation to conform with changes by, and to take advantage of new flexibilities and data sources made available by, the United States Department of Education and by the United States Congress.

Enr SB 488 (2) By December 31, 2023, the council, commission, and governing boards must promulgate rules that permit institutions to choose to pursue institutional accreditation with any accreditor recognized by the United States Department of Education.

(b) An institution of higher education may not confer a degree on any basis of work or merit below the minimum standards prescribed by the council or commission.

(c) With the approval of the commission and subject to subsections (e), (f), and (g) of this section, governing boards of institutions which currently offer substantial undergraduate course offerings and a master’s degree in a discipline are authorized to grant baccalaureate degrees in that discipline.

(d) Except as otherwise provided in this section, a charter or other instrument containing the right to confer degrees of higher education status may not be granted by the State of West Virginia to an institution, association, or organization within the state, nor may a degree be awarded, until the condition of conferring the degree first has been approved in writing by the council or commission, as appropriate, or by the institution’s governing board in the case of the exempted schools.

(e) To retain the authority to confer degrees pursuant to this section, each institution shall provide annually to the commission or council, as requested, all information the commission or council considers necessary to assess the performance of the institution and to determine whether the institution continues to meet the minimum standards for conferring degrees.

This information includes, but is not limited to, the following data:

(1) All information current and future federal or state laws and regulations require the institution to report to the public, to students, to employees, or to federal or state agencies;

(2) Other consumer information the commission or council considers necessary, including, but not limited to, graduation and retention rates, transfers, post-graduation placements, loan defaults, and numbers and types of student complaints;

(3) A detailed explanation of financial operations including, but not limited to, policies, Enr SB 488 formulas and procedures related to calculation, payment and refund for all tuition and fees;

and (4) An assessment of the adequacy of the institution’s curriculum, personnel, facilities, materials, and equipment to meet the minimum standards for conferring degrees.

(f) The commission and council may conduct on-site reviews to evaluate an institution’s academic standards, may conduct financial audits, or may require the institution to perform these audits and provide detailed data to the commission or council.

(g) The commission or council shall revoke an institution’s authority to confer degrees when the institution’s governing body, chief executive officer, or both, have done any one or more of the following:

(1) Failed to maintain the minimum standards for conferring degrees;

or (2) Willfully provided false, misleading, or incomplete information to the commission or council.

(h) The commission and council each shall compile the information collected pursuant to subsections (e), (f) and (g) of this section and submit a report on the information to the Legislative Oversight Commission on Education Accountability annually beginning December 1, 2012.

The commission and council each shall make the information and report available to the public in a form and manner that is accessible to the general public, including, but not limited to, posting on its website.

§18B-4-7a.

Choice of accreditors.

(a) The Legislature finds and declares that:

(1) The United States Department of Education promulgated new regulations on November 1, 2019, that revise the criteria used by the department to recognize accrediting agencies to allow competition (84 Fed.

Reg.

58834);

(2) The council, commission, and governing boards of the exempted schools must take advantage of the new regulations in order to improve education quality through competition among accreditors by amending their own regulations;

Enr SB 488 (3) Regulatory references to accreditation involving the North Central Association are out of date because it was dissolved in 2014;

and (4) Seventeen accreditors are currently recognized by the United States Department of Education (seven traditionally "regional" accreditors and 10 traditionally "national" accreditors).

(b) Competition.