HB 3441 — Revising the training requirements for members of the Higher Education Policy Commission, Council for Community and Technical College Education and the institutional governing boards

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedENROLLED House Bill 3441 ByBYD DelegateELEGATELLINGTON Ellington[Passed IntroducedMarch February9, 14, 2023;

Referredin toeffect theninet] Committeedays onfrom Education]passage. Introduced HB 3441 A BILL to amend and reenact §18B-1D-9 of the Code of West Virginia, 1931, as amended, all relating to revising the training requirements for members of the Higher Education Policy Commission, the Council for Community and Technical College Education, and the institutional governing boards;

requiringEnr thatHB the3441 chancellorAN ofACT theto commissionamend and thereenact chancellor§18B-1D-9 of the councilCode developof aWest comprehensiveVirginia, orientation1931, andas amended, all relating to revising the training programrequirements for members of the commission,Higher councilEducation andPolicy Commission, the institutionalCouncil governingfor boardsCommunity and ongoingTechnical educationalCollege opportunitiesEducation, forand the ongoinginstitutional members of those governing bodies;boards;

requiring that the chancellor of the commission and the chancellor of the council develop a comprehensive orientation and training program for members of the commission, council and the institutional governing boards and ongoing educational opportunities for the ongoing members ofthose governing bodies;

(a) The commission and council, either jointly or separately, shall coordinate periodic training and development opportunities for members of the commission, council and institutional governing boards as provided in this section The Chancellor for higher education and the chancellor for community and technical college education, as those terms are defined in §18B-1-2 of this code, or their designees, shall develop a comprehensive orientation and training program for new members of the commission, the council, and the institutional governing boards and continuing education opportunities for all ongoing members of those bodies, hereinafter referred to as "governing bodies." The(b) trainingTraining and development shallis addressrequired theas followingfollows: topics:

(1) StateNew goals,Members: objectives and priorities for higher education;

(2) The accountability system for higher education set forth in this article;

Introduced HB 3441 (3) The general powers and duties of members;

and (4) Ethical considerations arising from board membership.

(b) Training and development is required as follows:

(1) A member newly appointed to the commission, council or a governing board shall complete three hours of training and development by the end of the first fiscal year of service if the appointment is made in the first half of a fiscal year.

If the appointment is made in the second half of a fiscal year the member shall complete three hours of training and development by the end of the first half of the second fiscal year (1) New Members:

Enr HB 3441 (C) The higher education accountability system established in §18B-1D-1, et seq.

Introduced HB 3441 Provided, That the new governing body member completes the full six hours of training within twelve months of his or her appointment to the governing body.

(2) (3) Ongoing members – With the exception of the ex officio members of the commission and the council and the student member of a governing board, beginning the second year of the member’s service on a governing body, each member shall complete at least six four hours of training and development related to his or her duties within two fiscal years of beginning service and within every two fiscal years of service thereafter each full fiscal year following his or her appointment.

Enr HB 3441 (c) Annually, by July 31, the chair chairs of the commission, the council, and each governing board shall certify to the commission or council, as appropriate, chancellors the number of hours of training and development that each member of their respective governing body received during the preceding fiscal year.

(d) If the certification indicates that a board member of a governing body has not completed the training and development required by this section, the commission or council, as appropriate, appropriate chancellor shall send a notice to the affected board member and his or her governing body and to the Governor and the Secretary of State, or to the institutional appointing entity, that the board member of the governing body is disqualified from continued service notwithstanding the provisions of sections five and six, article six, chapter six §6-6-5 and §6-6-6 of this code.

The commission or council, as appropriate, shall request the Governor or appointing entity to appoint a replacement for that board governing body member.

Introduced HB 3441 (e) Annually,As byused Septemberin 30,this thesection, commission"member" andmeans councilall shall report to the Legislative Oversight Commission on Education Accountability on the training and development that members of the commission, andcouncil council, and the governing boards underunless theira respectivespecific jurisdictionsexception haveis receivedprovided duringin thethis precedingsection. fiscal year.

ThisEnr informationHB shall3441 beThe includedClerk inof the institutionalHouse and statewide report cards provided in section eight of thisDelegates articleand (f)(e)the AsClerk used in this section, "member" means all members of the commission,Senate councilhereby andcertify that the governingforegoing boardsbill unless a specific exception is providedcorrectly inenrolled. this section.

NOTE:...............................................................

TheClerk purpose of this bill is to revise the trainingHouse requirements for members of theDelegates Higher............................................................... Education Policy Commission, the Council for Community and Technical College Education, and the institutional governing boards.

Strike-throughsClerk indicateof languagethe thatSenate wouldOriginated bein stricken from a heading or the presentHouse lawof andDelegates. underscoring indicates new language that would be added.

In effect ninety days from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2023.

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Governor 5