West Virginia 2020 Regular Session Status: Enacted 1 R cosponsors

SB 760 — Allowing state college or university apply to HEPC for designation as administratively exempt school

Last action — Chapter 173, Acts, Regular Session, 2020

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2020. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

501 added · 680 removed

Plain-language change summary

The recent amendments to Bill SB 760 clarify definitions related to financial measurements for state colleges and universities in West Virginia. Notably, it defines terms like "Composite Financial Index," "Days of cash reserved," and "Retention rates" to establish a clearer framework for assessing financial health and student retention. These changes are important because they help ensure that educational institutions have a consistent understanding of these metrics, which can influence funding and operational decisions. Overall, this aims to promote better financial management and student success across state colleges and universities.

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NEWS RELEASES HELPFUL LINKS SB760 SUB1 « Senate Bill 760 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 760 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 760 Senator Rucker, original sponsor [Originating in the Committee on Education;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 760 Senator Rucker, original sponsor [Passed March 5, 2020;
reported on February 19, 2020]     A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-1f;
in effect 90 days from passage]     AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-1f;
(5) The commission’s rule governing and controlling acquisitions and purchases pursuant to §18B-5-4 of this code, upon adoption by the board of governors of said school of its own rule governing and controlling acquisitions and purchases pursuant to  §18B-5-4 of this code, following the procedures for adoption of rules provided for in this code;
(5) The commission’s rule governing and controlling acquisitions and purchases pursuant to §18B-5-4 of this code, upon adoption by the board of governors of said school of its own rule governing and controlling acquisitions and purchases pursuant to §18B-5-4 of this code, following the procedures for adoption of rules provided for in this code;
(1) “Administratively linked community and technical college” means a state institution of higher education delivering community and technical college education and programs which has maintained a contractual agreement to receive essential services from another accredited state institution of higher education prior to July 1, 2008;
“Administratively linked community and technical college” means a state institution of higher education delivering community and technical college education and programs which has maintained a contractual agreement to receive essential services from another accredited state institution of higher education prior to July 1, 2008;
(2) “Advanced technology center” means a facility established under the direction of an independent community and technical college or the council for the purpose of implementing and delivering education and training programs for high-skill, high-performance 21st century workplaces;
“Advanced technology center” means a facility established under the direction of an independent community and technical college or the council for the purpose of implementing and delivering education and training programs for high-skill, high-performance 21st century workplaces;
(3) “Approve” or “approval”, when used in reference to action by the commission or the council, means action in which the governance rationale of a governing board under its jurisdiction is given due consideration, and the action of the commission is to additionally establish whether the proposed institutional action is consistent with law and established policy and is an appropriate advancement of the public interest;
“Approve” or “approval”, when used in reference to action by the commission or the council, means action in which the governance rationale of a governing board under its jurisdiction is given due consideration, and the action of the commission is to additionally establish whether the proposed institutional action is consistent with law and established policy and is an appropriate advancement of the public interest;
(4) “Board of visitors” means the advisory board previously appointed for the West Virginia Graduate College and the advisory board previously appointed for West Virginia University Institute of Technology, which provide guidance to the Marshall University Graduate College and West Virginia University Institute of Technology, respectively;
“Board of visitors” means the advisory board previously appointed for the West Virginia Graduate College and the advisory board previously appointed for West Virginia University Institute of Technology, which provide guidance to the Marshall University Graduate College and West Virginia University Institute of Technology, respectively;
(5) “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.
“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.
(6) “Chancellor” means the Chancellor for Higher Education where the context refers to a function of the Higher Education Policy Commission.
“Chancellor” means the Chancellor for Higher Education where the context refers to a function of the Higher Education Policy Commission.
(7) “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 §18B-2B-3 of this code;
“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 §18B-2B-3 of this code;
(8) “Chancellor for Higher Education” means the chief executive officer of the Higher Education Policy Commission employed pursuant to §18B-1B-5 of this code;
“Chancellor for Higher Education” means the chief executive officer of the Higher Education Policy Commission employed pursuant to §18B-1B-5 of this code;
(9) “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;
“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;
(10) “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.
“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 Blue Ridge Community and Technical College, Bridgemont BridgeValley Community and Technical College, Eastern West Virginia Community and Technical College, Kanawha Valley Community and Technical College Mountwest Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, and West Virginia University at Parkersburg;
This definition includes Blue Ridge Community and Technical College, BridgeValley Community and Technical College, Eastern West Virginia Community and Technical College, Mountwest Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, and West Virginia University at Parkersburg;
(11) “Community and technical college education” means the programs, faculty, administration, and funding associated with the delivery of community and technical college education programs;
“Community and technical college education” means the programs, faculty, administration, and funding associated with the delivery of community and technical college education programs;
(12) “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;
“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;
(13) “Confirm” or “confirmation”, when used in reference to action by the commission, means action in which substantial deference is allocated to the governing authority of a governing board under its jurisdiction and the action of the commission is to review whether the proposed institutional action is consistent with law and established policy;
“Confirm” or “confirmation”, when used in reference to action by the commission, means action in which substantial deference is allocated to the governing authority of a governing board under its jurisdiction and the action of the commission is to review whether the proposed institutional action is consistent with law and established policy;
(14) “Council” means the West Virginia Council for Community and Technical College Education created by §18B-2B-1 et seq.
“Council” means the West Virginia Council for Community and Technical College Education created by §18B-2B-1 et seq.
(15) “Dual credit course” or “dual enrollment course” means a credit-bearing college-level course offered in a high school by a state institution of higher education for high school students in which the students are concurrently enrolled and receiving credit at the secondary level;
“Dual credit course” or “dual enrollment course” means a credit-bearing college-level course offered in a high school by a state institution of higher education for high school students in which the students are concurrently enrolled and receiving credit at the secondary level;
(16) “Essential conditions” means those conditions which shall be met by community and technical colleges as provided in §18B-3C-3 of this code;
“Essential conditions” means those conditions which shall be met by community and technical colleges as provided in §18B-3C-3 of this code;
(17) “Exempted schools” or “statutorily exempted schools” means West Virginia University, including West Virginia University Potomac State College and West Virginia University Institute of Technology;
“Exempted schools” or “statutorily exempted schools” means West Virginia University, including West Virginia University Potomac State College and West Virginia University Institute of Technology;
(18) “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, which may not be operated as branches or off-campus locations of any other state institution of higher education (19) “Governing boards” or “boards” means the institutional boards of governors created by §18B-2A-1 of this code;
“Governing boards” or “boards” means the institutional boards of governors created by §18B-2A-1 of this code;
(20) “Higher Education Policy Commission”, “policy commission” or “commission” means the commission created by §18B-1B-1 of this code;
“Higher Education Policy Commission”, “policy commission” or “commission” means the commission created by §18B-1B-1 of this code;
(21) “Independent community and technical college” means a state institution of higher education under the jurisdiction of the council, which is independently accredited, is governed by its own independent governing board, and may not be operated as a branch or off-campus location of any other state institution of higher education.
“Independent community and technical college” means a state institution of higher education under the jurisdiction of the council, which is independently accredited, is governed by its own independent governing board, and may not be operated as a branch or off-campus location of any other state institution of higher education.
This definition includes Blue Ridge Community and Technical College, Bridgemont BridgeValley Community and Technical College, Eastern West Virginia Community and Technical College, Kanawha Valley Community and Technical College Mountwest Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, and West Virginia University at Parkersburg;
This definition includes Blue Ridge Community and Technical College, BridgeValley Community and Technical College, Eastern West Virginia Community and Technical College, Mountwest Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, and West Virginia University at Parkersburg;
(22) “Institutional compact” means the compact developed by a state institution of higher education, consistent with the public policy agenda for higher education (23) “Institutional operating budget” or “operating budget” means for any fiscal year an institution’s total unrestricted education and general funding from all sources, 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;
“Institutional operating budget” or “operating budget” means for any fiscal year an institution’s total unrestricted education and general funding from all sources, 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;
 (24) “Rule” or “rules” means a regulation, standard, policy, or interpretation of general application and future effect;
“Rule” or “rules” means a regulation, standard, policy, or interpretation of general application and future effect;
(25) “Sponsoring institution” means a state institution of higher education that maintained an administrative link to a community and technical college providing essential services prior to July 1, 2008.
“Sponsoring institution” means a state institution of higher education that maintained an administrative link to a community and technical college providing essential services prior to July 1, 2008.
(26) “State college and university” means Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty University, or West Virginia State University;
“State college and university” means Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty University, or West Virginia State University;
(27) “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;
“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;
(28) “Statewide network of independently accredited community and technical colleges” or “community and technical college network” means the state institutions of higher education under the jurisdiction of the West Virginia Council for Community and Technical College Education which are independently accredited, each governed by its own independent governing board, and each having a core mission of providing affordable access to and delivering high quality community and technical education in every region of the state;
“Statewide network of independently accredited community and technical colleges” or “community and technical college network” means the state institutions of higher education under the jurisdiction of the West Virginia Council for Community and Technical College Education which are independently accredited, each governed by its own independent governing board, and each having a core mission of providing affordable access to and delivering high quality community and technical education in every region of the state;
and (29) “Vice chancellor for administration” means the person employed in accordance with §18B-4-2 of this code.
and “Vice chancellor for administration” means the person employed in accordance with §18B-4-2 of this code.
of this code to address major challenges facing the state, including, but not limited to, the following:(A) The the goals, objectives, and priorities established in this chapter;
of this code to address major challenges facing the state, including, but not limited to, the goals, objectives, and priorities established in this chapter;
including specifically those goals, objectives and priorities pertaining to the compacts created pursuant to section seven, article one-d of this chapter and (B) Development of the master plan described in section five, article one-d of this chapter for the purpose of accomplishing the mandates of this section;
and  (2) Develop, oversee, and advance the promulgation and implementation of a financing rule for state institutions of higher education under its jurisdiction except the statutorily exempted schools.
(2) Develop, oversee, and advance the promulgation and implementation of a financing rule for state institutions of higher education under its jurisdiction except the statutorily exempted schools.
(4) Except the exempted schools, review and comment on each compact for the governing boards under its jurisdiction, and final confirmation of each compact;
(4) Serve as a point of contact to state policymakers:
(5) Review and confirm the bi-annual updates of the institutional compacts, except the exempted schools (6) (4) Serve as a point of contact to state policymakers:
(7) (5) Upon request, provide shared services to a state institution of higher education;
(5) Upon request, provide shared services to a state institution of higher education;
(8) (6) Administer scholarship and grant programs as provided for in this code;
(6) Administer scholarship and grant programs as provided for in this code;
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(9) (7) Establish and implement the benchmarks and performance indicators for state colleges and universities necessary to measure institutional progress in achieving state policy priorities and institutional missions pursuant to §18B-1D-7 of this code;
(7) Establish and implement the benchmarks and performance indicators for state colleges and universities necessary to measure institutional progress in achieving state policy priorities and institutional missions pursuant to §18B-1D-7 of this code;
(10) (8) Establish a formal process for recommending capital investment needs and for determining priorities for state colleges and universities for these investments for consideration by the Governor and the Legislature as part of the appropriation request process pursuant to §18B-19-1 et seq.
(8) Establish a formal process for recommending capital investment needs and for determining priorities for state colleges and universities for these investments for consideration by the Governor and the Legislature as part of the appropriation request process pursuant to §18B-19-1 et seq.
(11) (9) Except the statutorily exempted schools and the administratively exempted schools, develop standards and evaluate governing board requests for capital project financing in accordance with §18B-19-1 et seq.
(9) Except the statutorily exempted schools and the administratively exempted schools, develop standards and evaluate governing board requests for capital project financing in accordance with §18B-19-1 et seq.
(12) (10) Except the statutorily exempted schools and administratively exempted schools, ensure that governing boards manage capital projects and facilities needs effectively, including review and approval of capital projects, in accordance with §18B-19-1 et seq.
(10) Except the statutorily exempted schools and administratively exempted schools, ensure that governing boards manage capital projects and facilities needs effectively, including review and approval of capital projects, in accordance with §18B-19-1 et seq.
(13) (11) Acquire legal services as considered necessary, including representation of the commission, the governing boards, employees, and officers before any court or administrative body, notwithstanding any other provision of this code to the contrary.
(11) Acquire legal services as considered necessary, including representation of the commission, the governing boards, employees, and officers before any court or administrative body, notwithstanding any other provision of this code to the contrary.
(14) (12) Employ a Chancellor for Higher Education pursuant to §18B-1B-5 of this code;
(12) Employ a Chancellor for Higher Education pursuant to §18B-1B-5 of this code;
(15) (13) Employ other staff as necessary and appropriate to carry out the duties and responsibilities of the commission and the council, in accordance with §18B-4-1 et seq.
(13) Employ other staff as necessary and appropriate to carry out the duties and responsibilities of the commission and the council, in accordance with §18B-4-1 et seq.
(16) (14) Provide suitable offices in Kanawha County for the chancellor, vice chancellors, and other staff;
(14) Provide suitable offices in Kanawha County for the chancellor, vice chancellors, and other staff;
(17) Advise and confirm in the appointment of the presidents of the institutions of higher education under its jurisdiction pursuant to section six of this article, except the exempted schools.
(15) Approve the total compensation package from all sources for presidents of institutions under its jurisdiction, except the statutorily exempted schools, as proposed by the governing boards.
The role of the commission in confirming an institutional president is to assure through personal interview that the person selected understands and is committed to achieving the goals, objectives and priorities set forth in the compact, in section one-a, article one and article one-d of this chapter (18) (15) Approve the total compensation package from all sources for presidents of institutions under its jurisdiction, except the statutorily exempted schools, as proposed by the governing boards.
(19) (16) Assist and facilitate the work of the institutions to 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;
(16) Assist and facilitate the work of the institutions to 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) (17) Approve and implement a uniform standard jointly with the council to determine which students shall be placed in remedial or developmental courses.
(17) Approve and implement a uniform standard jointly with the council to determine which students shall be placed in remedial or developmental courses.
(21) (18) Jointly with the council, develop and implement an oversight plan to manage systemwide technology except for the statutorily exempted schools, including, but not limited to, 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;
(18) Jointly with the council, develop and implement an oversight plan to manage systemwide technology except for the statutorily exempted schools, including, but not limited to, 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;
(22) (19) Establish and implement policies and procedures to ensure that a student 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 are consistent with sound academic policy;
(19) Establish and implement policies and procedures to ensure that a student 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 are consistent with sound academic policy;
(23) (20) Establish and implement policies and procedures to ensure that a student may transfer and apply toward the requirements for any 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 are consistent with sound academic policy;
(20) Establish and implement policies and procedures to ensure that a student may transfer and apply toward the requirements for any 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 are consistent with sound academic policy;
(24) (21) Establish and implement policies and procedures to ensure that a student 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 are consistent with sound academic policy;
(21) Establish and implement policies and procedures to ensure that a student 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 are consistent with sound academic policy;
(25) (22) Establish and implement policies and programs, in cooperation with the council and the governing boards, through which a student who has 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 he or she has the necessary knowledge and skills to be granted academic credit or advanced placement standing toward the requirements of an associate’s degree or a bachelor’s degree at a state institution of higher education;
(22) Establish and implement policies and programs, in cooperation with the council and the governing boards, through which a student who has 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 he or she has the necessary knowledge and skills to be granted academic credit or advanced placement standing toward the requirements of an associate’s degree or a bachelor’s degree at a state institution of higher education;
(26) (23) Seek out and attend regional, national, and international meetings and forums on education and workforce development-related topics as, in the commission’s discretion, are 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, objectives, and priorities pursuant to §18B-1-1a and §18B-1D-1 et seq.
(23) Seek out and attend regional, national, and international meetings and forums on education and workforce development-related topics as, in the commission’s discretion, are 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, objectives, and priorities pursuant to §18B-1-1a and §18B-1D-1 et seq.
(27) (24) Promulgate and implement a rule for higher education governing boards and institutions, except for the statutorily exempted schools and administratively exempted schools, to follow when considering capital projects pursuant to §18B-19-1 et seq.
(24) Promulgate and implement a rule for higher education governing boards and institutions, except for the statutorily exempted schools and administratively exempted schools, to follow when considering capital projects pursuant to §18B-19-1 et seq.
(28) (25) Submit to the appropriate agencies of the executive and legislative branches of state government an appropriation request that reflects recommended appropriations for the commission and the governing boards under its jurisdiction.
(25) Submit to the appropriate agencies of the executive and legislative branches of state government an appropriation request that reflects recommended appropriations for the commission and the governing boards under its jurisdiction.
including the exempted schools The commission annually shall submit the proposed allocations based on each institution’s progress toward meeting the goals of its compact subsection (d) of this section;
The commission annually shall submit the proposed allocations based on subsection (d) of this section;
(29) The commission may assess institutions under its jurisdiction, including the exempted schools, 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:
(26) Promulgate rules allocating reimbursement of appropriations, if made available by the Legislature, to governing boards for qualifying noncapital expenditures incurred in providing services to students with physical, learning, or severe sensory disabilities;
Provided, That the commission may not assess institutions pursuant to this subdivision on or after July 1, 2018 (30) (26) Promulgate rules allocating reimbursement of appropriations, if made available by the Legislature, to governing boards for qualifying noncapital expenditures incurred in providing services to students with physical, learning, or severe sensory disabilities;
(27) Pursuant to §29A-3A-1 et seq.
(31) (27) Pursuant to §29A-3A-1 et seq.
(32) (28) Determine when a joint rule among the governing boards under its jurisdiction is necessary or required by law and, in those instances, in consultation with the governing boards under its jurisdiction, promulgate the joint rule;
(28) Determine when a joint rule among the governing boards under its jurisdiction is necessary or required by law and, in those instances, in consultation with the governing boards under its jurisdiction, promulgate the joint rule;
(33) (29) Promulgate and implement a rule 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;
(29) Promulgate and implement a rule 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;
(34) By October 1, 2011, promulgate (30) Promulgate a rule pursuant to section one, article ten of this chapter, §18B-10-1 of this code establishing tuition and fee policy for all governing boards under the jurisdiction of the commission, except the exempted schools.
(30) Promulgate a rule pursuant to §18B-10-1 of this code establishing tuition and fee policy for all governing boards under the jurisdiction of the commission, except the exempted schools.
(35) (31) Assist governing boards in actions to implement general disease awareness initiatives to educate parents and students, particularly dormitory residents, about meningococcal meningitis;
(31) Assist governing boards in actions to implement general disease awareness initiatives to educate parents and students, particularly dormitory residents, about meningococcal meningitis;
(36) (32) Notwithstanding any other provision of this code to the contrary sell, lease, convey, or otherwise dispose of all or part of any real property that it owns, in accordance with §18B-19-1 et seq.
(32) Notwithstanding any other provision of this code to the contrary sell, lease, convey, or otherwise dispose of all or part of any real property that it owns, in accordance with §18B-19-1 et seq.
(37) (33) Policy analysis and research focused on issues affecting institutions of higher education generally or a geographical region thereof;
(33) Policy analysis and research focused on issues affecting institutions of higher education generally or a geographical region thereof;
(38) (34) Development and approval of institutional mission definitions except the statutorily exempted schools and administratively exempted schools:
(34) Development and approval of institutional mission definitions except the statutorily exempted schools and administratively exempted schools:
including use of Provided, That the commission may use funds appropriated by the Legislature for incentive funds to influence institutional behavior in ways that are consistent with public priorities, including the statutorily exempted schools and administratively exempted schools;
Provided, That the commission may use funds appropriated by the Legislature for incentive funds to influence institutional behavior in ways that are consistent with public priorities, including the statutorily exempted schools and administratively exempted schools;
(39) (35) Academic program review and approval for governing boards under its jurisdiction.
(35) Academic program review and approval for governing boards under its jurisdiction.
(40) (36) Distribution of funds appropriated to the commission, including incentive and performance-based funds;
(36) Distribution of funds appropriated to the commission, including incentive and performance-based funds;
(41) (37) Administration of state and federal student aid programs under the supervision of the vice chancellor for administration, including promulgation of rules necessary to administer those programs;
(37) Administration of state and federal student aid programs under the supervision of the vice chancellor for administration, including promulgation of rules necessary to administer those programs;
(42) (38) 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;
(38) 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;
(43) (39) Developing and distributing information, assessment, accountability and personnel systems for state colleges and universities, including maintaining statewide data systems that facilitate long-term planning and accurate measurement of strategic outcomes and performance indicators;
(39) Developing and distributing information, assessment, accountability and personnel systems for state colleges and universities, including maintaining statewide data systems that facilitate long-term planning and accurate measurement of strategic outcomes and performance indicators;
(44) (40) Jointly with the council, promulgating and implementing rules 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.
(40) Jointly with the council, promulgating and implementing rules 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.
(45) (41) Developing, facilitating, and overseeing statewide and regional 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 funds from any source;  (46) (42) (A) For all governing boards under its jurisdiction, except for the statutorily exempted schools, the commission shall review institutional operating budgets, review, and approve capital budgets, and distribute incentive and performance-based funds.
(41) Developing, facilitating, and overseeing statewide and regional 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 funds from any source;  (42) (A) For all governing boards under its jurisdiction, except for the statutorily exempted schools, the commission shall review institutional operating budgets, review, and approve capital budgets, and distribute incentive and performance-based funds.
(47) (43) May provide information, research, and recommendations to state colleges and universities relating to programs and vocations with employment rates greater than 90 percent within six months post-graduation;
(43) May provide information, research, and recommendations to state colleges and universities relating to programs and vocations with employment rates greater than 90 percent within six months post-graduation;
and (48) (44) May provide information, research, and recommendations to state colleges and universities on coordinating with the West Virginia State Board of Education about complimentary programs.
and (44) May provide information, research, and recommendations to state colleges and universities on coordinating with the West Virginia State Board of Education about complimentary programs.
(b) In addition to the powers and duties provided in subsections (a) and (c) of this section and any other powers and duties assigned to it by law, the commission has other powers and duties necessary or expedient to accomplish the purposes of this article:  Provided, That the provisions of this subsection shall not be construed to shift management authority from the governing boards to the commission.
(b) In addition to the powers and duties provided in subsections (a) and (c) of this section and any other powers and duties assigned to it by law, the commission has other powers and duties necessary or expedient to accomplish the purposes of this article:
Provided, That the provisions of this subsection shall not be construed to shift management authority from the governing boards to the commission.
(d) The Higher Education Policy Commission shall examine the question of general revenue appropriations to individual higher education institutions per student, and per credit hour, and by other relevant measures at all higher education institutions, including four-year baccalaureate institutions state institutions of higher education under its jurisdiction and the council shall undertake the same analysis for the community and technical colleges, and on or before January 1, 2018, October 1 of each year the commission and council shall each deliver its a report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability. This report These reports shall include a recommendation to the Legislature on a formula or methodology for the allocation of general revenue to be appropriated to such institutions that provides for ratable funding across all four-year institutions and community and technical colleges on a ratable basis, by enrolled student, by credit hour or by other relevant measures.
(d) The Higher Education Policy Commission shall examine the question of general revenue appropriations to individual higher education institutions per student, and per credit hour, and by other relevant measures at state institutions of higher education under its jurisdiction and the council shall undertake the same analysis for the community and technical colleges, and on or before October 1 of each year the commission and council shall each deliver a report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability.  These reports shall include a recommendation to the Legislature on a formula or methodology for the allocation of general revenue to be appropriated to such institutions that provides for ratable funding across all four-year institutions and community and technical colleges on a ratable basis, by enrolled student, by credit hour or by other relevant measures.
The commission and council shall take into consideration the needs of each institution relating to a base level of appropriation support and mission differentiation.  On such basis, the commission and council shall each make a recommendation to the Legislature as to the amounts that each such institution should have appropriated to it in the general revenue budget for the next fiscal year, 2019 based upon the total general revenue appropriations that such institutions receive in aggregate in the enacted budget for the current fiscal year.
The commission and council shall take into consideration the needs of each institution relating to a base level of appropriation support and mission differentiation.  On such basis, the commission and council shall each make a recommendation to the Legislature as to the amounts that each such institution should have appropriated to it in the general revenue budget for the next fiscal year, based upon the total general revenue appropriations that such institutions receive in aggregate in the enacted budget for the current fiscal year.  The commission and council shall engage with the four-year institutions and community and technical colleges, as appropriate, to seek to develop a consensus on the formulas and methodologies underlying any recommendations required by this subsection.  The commission and council shall provide the four-year institutions and community and technical colleges with at least 30 days written notice to comment on any recommendations before any report contemplated by this subsection is provided to the Legislature.
2018  The commission and council shall engage with the four-year institutions and community and technical colleges, as appropriate, to seek to develop a consensus on the formulas and methodologies underlying any recommendations required by this subsection.  The commission and council shall provide the four-year institutions and community and technical colleges with at least 30 days written notice to comment on any recommendations before any report contemplated by this subsection is provided to the Legislature.
(3) Subject to the confirmation of the commission The governing boards of the following institutions, appoint a president:
(3) The governing boards of the following institutions, appoint a president:
The exempted schools may appoint a president without the confirmation or approval of the Commission (4) Subject to the approval of the council, the governing board of the community and technical college appoints a president for Blue Ridge Community and Technical College, Bridge Valley Community and Technical College, Eastern West Virginia Community and Technical College, Mountwest Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, and West Virginia University at Parkersburg.
(4) Subject to the approval of the council, the governing board of the community and technical college appoints a president for Blue Ridge Community and Technical College, Bridge Valley Community and Technical College, Eastern West Virginia Community and Technical College, Mountwest Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, and West Virginia University at Parkersburg.
(2) After reviewing the evaluations, the governing board shall make a determination decide by majority vote of its members on continuing employment and the compensation level for the president in accordance with subsection (a) of this section.
(2) After reviewing the evaluations, the governing board shall decide by majority vote of its members on continuing employment and the compensation level for the president in accordance with subsection (a) of this section.
(b) Therefore, each state college or university except the exempted schools, shall prepare an institutional compact for submission to the commission and each community and technical college shall prepare an institutional compact for submission to the council.
(b) The commission and council each shall organize the statements of legislative goals and objectives contained in this article and §18B-1-1a of this code in a manner that facilitates the purposes therein.
When the process herein provided is completed, the resulting institutional compact shall contain at a minimum the following basic components:
(c) Assignment of geographic areas of responsibility.
(1) Institutional strategies for focusing resources on meeting the goals and objectives set forth in this article and section one-a, article one of this chapter;
and (2) Commission or council strategies for promoting and supporting the institution in fulfilling its mission and objectives, to make it more competitive with its peers and to ensure the continuity of academic programs and services to its students.
(c) In addition to the basic contract components described in subsection (b) of this section, each compact shall contain at least the following elements:
(1) A determination of the mission of the institution which specifically addresses changes necessary or expedient to accomplish the goals and objectives articulated by the state and the appropriate statewide master plan;
(2) A detailed statement of how the compact is aligned with and will be implemented in conjunction with the master plan of the institution;
(3) A comprehensive assessment of education needs within the institution’s geographic area of responsibility;
(4) A strategy to ensure access to comprehensive community and technical college and workforce development services within each respective region of the state consistent with the mission of the institution;
(5) Provision for collaboration and brokering of education services as necessary or expedient to carry out the institutional mission and meet its objectives;
(6) Provision of student services at the optimum level to support the institutional mission and to achieve state goals and objectives;
(7) Strategies for using existing infrastructure and resources within each region, where feasible, to increase student access while controlling costs and maintaining academic quality;
and (8) Other public policy objectives or initiatives adopted by the commission or council pursuant to the intent and purposes of this article and section one-a, article one of this chapter.
(d) Each institutional compact shall be updated bi-annually and shall follow the same general guidelines contained in this section.
(e) Development and updating of the institutional compacts is subject to the following conditions:
(1) The ultimate responsibility for developing and updating the compacts at the institutional level resides with the board of advisors or the board of governors, as appropriate.
It is the responsibility of the commission or council to provide technical assistance as requested and to assist the institution, with the exception of the exempted schools, in development of the strategies to promote and support the institution pursuant to subsection (b) of this section;
(2) The commission and the council each shall establish a date by which institutions, with the exception of the exempted schools, under their respective jurisdictions shall submit their compacts to the commission or council pursuant to the provisions of this article.
The date established by each state-level coordinating board shall apply uniformly to all institutions under the jurisdiction of that coordinating board and shall meet the following additional conditions:
(A) Allow sufficient time for careful analysis of the compacts by the central office staff and for review by members of the commission or the council, as appropriate;
and (B) Allow sufficient time for the institutions to make necessary revisions to the compacts as provided in this section.
(3) The commission shall review each compact from the institutions under its jurisdiction and either confirm the compact or return it with specific comments for change or improvement.
The council shall review each compact from the institutions under its jurisdiction and either adopt the compact or return it with specific comments for change or improvement.
The commission and council, respectively, shall continue this process as long as each considers advisable;
(4) By May 1 bi-annually, if the institutional compact of any institution as presented by that institution is not confirmed by the commission or adopted by the council, then the commission or council is empowered and directed to develop and adopt the institutional compact for the institution and the institution is bound by the compact so adopted;
and (5) As far as practicable, the commission and council each shall establish uniform processes and forms for the development and submission of the institutional compacts by the institutions under their respective jurisdictions, taking into consideration the differences in institutional missions and objectives.
As a part of this function (b) The commission and council each shall organize the statements of legislative goals and objectives contained in this article and §18B-1-1a of this code in a manner that facilitates the purposes therein.
(f) (c) Assignment of geographic areas of responsibility.
For institutions other than the statutorily exempted schools, the geographic areas of responsibility are made a part of their institutional compacts shall be assigned in such a way as to ensure that all areas of the state are provided necessary programs and services to achieve state goals and objectives.
For institutions other than the statutorily exempted schools, the geographic areas of responsibility shall be assigned in such a way as to ensure that all areas of the state are provided necessary programs and services to achieve state goals and objectives.
This information shall be reported in the statewide report card data reporting system established pursuant to §18B-1D-8 of this code.
This information shall be reported in the statewide data reporting system established pursuant to §18B-1D-8 of this code.
including the administratively linked institution known as Marshall Community and Technical College, the administratively linked institution known as the Community and Technical College at West Virginia University Institute of Technology and the regional campus known as West Virginia University at Parkersburg.
(3) The geographic areas of responsibility for the state institutions of higher education known as West Virginia School of Osteopathic Medicine, Marshall University, and West Virginia University are statewide.
(3) The geographic areas of responsibility for the state institutions of higher education known as West Virginia School of Osteopathic Medicine, Marshall University, and West Virginia University are assigned by the Legislature statewide.
(4) Each state institution of higher education shall establish benchmarks in collaboration with the commission or council, as applicable, which include measures of programs and services by geographic area throughout the assigned geographic area of responsibility.
(4) The benchmarks established in the institutional compacts Each state institution of higher education shall establish benchmarks in collaboration with the commission or council, as applicable, which include measures of programs and services by geographic area throughout the assigned geographic area of responsibility.
(d) The benchmarks shall be used to determine progress toward meeting the state’s higher education objectives.  The benchmarks shall meet the following criteria:
(g) (d) The compacts shall contain benchmarks to shall be used to determine progress toward meeting the state’s higher education objectives.
in the compacts.  The benchmarks shall meet the following criteria:
in the compacts (3) They shall be measured by the indicators described in subsection (h) (e) of this section;
(3) They shall be measured by the indicators described in subsection (e) of this section;
(h) (e) The rules required by §18B-1D-1(c) of this code shall include indicators which measure the degree to which the goals and objectives set forth in this article and §18B-1-1a of this code are being met by the institutions under the jurisdiction of the commission and the council, respectively.
(e) The rules required by §18B-1D-1(c) of this code shall include indicators which measure the degree to which the goals and objectives set forth in this article and §18B-1-1a of this code are being met by the institutions under the jurisdiction of the commission and the council, respectively.
(i) Measurable evidence that the pursuits of the institution are focused on the education needs of the citizens of the state and are aligned with the objectives of the institutional compacts and statewide master plans required pursuant to this section;
(i) Measurable evidence that the pursuits of the institution are focused on the education needs of the citizens of the state and are aligned with the objectives required pursuant to this section;
and (iii) Identification of specific objectives within the master plan or compact of an institution that are not being met or toward which sufficient progress is not being made.
and (iii) Identification of specific objectives that are not being met or toward which sufficient progress is not being made.
(i) The commission shall confirm the compacts developed for the institutions under its jurisdiction, with the exception of the exempted schools, by the boards of governors or the boards of advisors pursuant to this section and consistent with the powers and duties prescribed in section four, article two-a of this chapter and section one, article six of this chapter.
ARTICLE 19.
(ii) The council shall approve the compacts developed for the institutions under its jurisdiction, by the boards of governors or the boards of advisors pursuant to this section and consistent with the powers and duties prescribed in section four, article two-a of this chapter and section one, article six of this chapter ARTICLE 19.
(a) Each governing board shall update its current campus development plan and submit the updated plan to the commission or council, as appropriate.  for approval by the council or confirmation by the commission, as appropriate, except that confirmation is not required by the commission for the exempted schools.  The submission of a plan or updated plan to the council is for approval.  A campus development plan shall be adopted by each governing board for a 10-year period and shall align with criteria specified in the following sources:
(a) Each governing board shall update its current campus development plan and submit the updated plan to the commission or council, as appropriate.
The submission of a plan or updated plan to the council is for approval.  A campus development plan shall be adopted by each governing board for a 10-year period and shall align with criteria specified in the following sources:
and compact;
(d) Not later than the next regularly scheduled meeting of the commission or council, as applicable, following the fifth anniversary date after the commission confirms receives or council approves, as appropriate, the development plan of a governing board the governing board shall report on the progress made in the first five years to implement the campus development plan for each campus under its jurisdiction.
(d) Not later than the next regularly scheduled meeting of the commission or council, as applicable, following the fifth anniversary date after the commission receives or council approves, as appropriate, the development plan of a governing board the governing board shall report on the progress made in the first five years to implement the campus development plan for each campus under its jurisdiction.
(e) Each governing board shall update its campus development plan at least once during each 10-year period and any update shall be submitted to the commission or council, as appropriate and is those submitted to the council are subject to the confirmation of the commission or approved by approval of the council.
(e) Each governing board shall update its campus development plan at least once during each 10-year period and any update shall be submitted to the commission or council, as appropriate and those submitted to the council are subject to the approval of the council.
as appropriate (f) Except for the governing boards of the exempted schools, a A governing board may not implement a campus development plan or plan update that has not been confirmed by submitted to the commission or submitted to and approved by the council, as appropriate.
(f) A governing board may not implement a campus development plan or plan update that has not been submitted to the commission or submitted to and approved by the council, as appropriate.
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Action History

  1. Chapter 173, Acts, Regular Session, 2020

  2. Approved by Governor 3/25/20

  3. To Governor 3/18/20

  4. Approved by Governor 3/25/20 - House Journal

  5. Approved by Governor 3/25/20 - Senate Journal

  6. To Governor 3/18/20 - House Journal

  7. To Governor 3/18/20 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 582)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Amendment withdrawn (Voice vote)

  15. Read 2nd time

  16. On 2nd reading, Special Calendar

  17. Read 1st time

  18. On 1st reading, Special Calendar

  19. Do pass

  20. To House Education

  21. To Education

  22. Introduced in House

  23. Ordered to House

  24. Passed Senate (Roll No. 259)

  25. Read 3rd time

  26. On 3rd reading

  27. Read 2nd time

  28. Laid over on 2nd reading 2/21/20

  29. On 2nd reading

  30. Read 1st time

  31. On 1st reading

  32. Committee substitute reported

  33. To Education

  34. Introduced in Senate

  35. To Education

  36. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 91 Yea · 9 Nay
Party YeaNayPresentNot Voting
Republican 24100
Unaffiliated 63700
Democrat 4100
Total 91900
% of votes cast 91%9%0%0%
How each member voted (100)
Member Party Vote
Angelucci — Yea
Espinosa — Yea
Rowan — Yea
Atkinson — Yea
Estep-Burton — Yea
Kessinger — Yea
Shott — Yea
Evans — Yea
Kump — Yea
Skaff — Yea
Barnhart — Yea
Fast — Yea
Linville — Yea
Sponaugle — Yea
Fleischauer — Yea
Little — Yea
Staggers — Yea
Longstreth — Yea
Steele — Yea
Bates — Yea
Foster — Yea
Lovejoy — Yea
Storch — Yea
Bibby — Yea
Graves — Yea
Mandt — Yea
Summers — Yea
Boggs — Yea
Hamrick — Yea
Swartzmiller — Yea
Brown, N. — Yea
Sypolt — Yea
Brown, S. — Yea
Hardy — Yea
Maynard — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Cadle — Yea
Hicks — Yea
Miley — Yea
Tomblin — Yea
Canestraro — Yea
Higginbotham — Yea
Capito — Yea
Hill — Yea
Nelson — Yea
Waxman — Yea
Caputo — Yea
Pack — Yea
Westfall — Yea
Paynter — Yea
Cowles — Yea
Householder — Yea
Pethtel — Yea
Wilson — Yea
Phillips — Yea
Porterfield — Yea
Zukoff — Yea
Diserio — Yea
Jeffries, J. — Yea
Doyle — Yea
Rodighiero — Yea
Byrd — Nay
Lavender-Bowe — Nay
Robinson — Nay
Rowe — Nay
Hanna — Nay
Pyles — Nay
Walker — Nay
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Nay
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 28 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 26501
Total 28501
% of votes cast 82%15%0%3%
How each member voted (34)
Member Party Vote
LINDSAY — Nay
SMITH — Yea
BALDWIN — Nay
MANN — Yea
STOLLINGS — Yea
BEACH — Not Voting
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Nay
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Yea
ROMANO — Nay
WOELFEL — Yea
IHLENFELD — Nay
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

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Frequently asked questions

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SB 760 is sponsored by Patricia Rucker (Republican).
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This bill has been enacted into law. Introduced February 12, 2020. Enacted.
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