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2009 West Virginia Code
CHAPTER 18B. HIGHER EDUCATION
- §18B-1-1 Repealed
- §18B-1-1a Legislative intent; findings; establishment of state goals for higher education and education; creation of partnership to achieve state goals and objectives.
- §18B-1-1b Repealed
- §18B-1-1c Repealed
- §18B-1-1d Retirement and separation incentives.
- §18B-1-1e Public education and higher education collaboration for the preparation of students for college and other post-secondary education.
- §18B-1-2 Definitions.
- §18B-1-3 Transfer of powers, duties, property, obligations, etc.
- §18B-1-4 Prior transfer of powers, etc., to board of regents; board of regents abolished.
- §18B-1-5 Repealed
- §18B-1-5a Pilot program of delivering educational services via distance learning.
- §18B-1-6 Rulemaking.
- §18B-1-7 Repealed
- §18B-1-8 Student rights when institutional affiliations or governance structures change.
- §18B-1-8a Repealed
- §18B-1-8b Marshall university graduate college.
- §18B-1-9 Repealed
- §18B-1-10 Potomac branch of West Virginia university.
- §18B-1-11 Colleges and universities to provide appropriate services to meet needs of students with handicapping conditions.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST VIRGINIA.
- §18B-1A-1 Repealed
- §18B-1A-2 Repealed
- §18B-1A-3 Peer institutions.
- §18B-1A-4 Legislative financing goals.
- §18B-1A-5 Financing; institutional operating budgets, additional funding.
- §18B-1A-6 Graduate education.
- §18B-1A-7 Repealed
- §18B-1A-8 Repealed
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
- §18B-1B-1 Higher education policy commission established; development of public policy agenda.
- §18B-1B-2 Composition of commission; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; removal from office.
- §18B-1B-3 Meetings and compensation.
- §18B-1B-4 Powers and duties of Higher Education Policy Commission.
- §18B-1B-5 Employment of Chancellor for Higher Education; office; powers and duties generally; employment of Vice Chancellors.
- §18B-1B-6 Appointment of institutional presidents; evaluation.
- §18B-1B-7 Repealed
- §18B-1B-8 Repealed
- §18B-1B-9 Repealed
- §18B-1B-10 Goals of efficiency and effectiveness; findings; reports to commission and legislative oversight commission on education accountability.
- §18B-1B-11 Repealed
- §18B-1B-12 Research challenge.
- §18B-1B-13 Study of issues affecting employees in public higher education.
ARTICLE 1C. TRANSITION IMPLEMENTATION.
- §18B-1C-1 Legislative findings and intent.
- §18B-1C-2 West Virginia University Institute of Technology; division of West Virginia University.
- §18B-1C-3 West Virginia Consortium for Undergraduate Research and Engineering established; short title; membership; purpose; strategic plan; report.
ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.
- §18B-1D-1 Legislative intent and purpose; short title; rules required.
- §18B-1D-2 Definitions.
- §18B-1D-3 State vision for public higher education; findings; establishment of objectives.
- §18B-1D-4 Responsibilities of Higher Education Policy Commission and Council for Community and Technical College Education; development of public policy agendas; reports; institutional responsibilities.
- §18B-1D-5 Master plans; reports; approval process.
- §18B-1D-6 State compacts; legislative intent; rule required; implementation plans authorized.
- §18B-1D-7 Findings; establishment of institutional compacts; compact elements; submission date; review and approval process; rule required.
- §18B-1D-8 Institutional and system report cards.
- §18B-1D-9 Commission, council and institutional governing board training and development; training and development requirements, applicability and exceptions.
- §18B-1D-10 State data sharing compact; legislative intent; findings; definitions.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
- §18B-2-1 Repealed
- §18B-2-2 Repealed
- §18B-2-3 Repealed
- §18B-2-4 Repealed
- §18B-2-5 Establishment and operation of a state school of osteopathic medicine; authority and duty to purchase property, expend appropriations and conduct programs of the West Virginia School of Osteopathic Medicine.
- §18B-2-6 Health sciences education; legislative findings and intent.
- §18B-2-7 Authorization to sell all or part of Potomac State College of West Virginia University parcels of land located in New Creek and Keyser commonly known as the Potomac State College farm listed on the public lands inventory as 1PSC6. PSC Parcel No.6, 1PSC14. PSC Parcel No.14 and 1PSC16. PSC Parcel No.16.
- §18B-2-8 Consortium of comprehensive child development centers; establishment and operation of a consortium of comprehensive child development centers.
- §18B-2-9 Repealed
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
- §18B-2A-1 Findings; composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment.
- §18B-2A-2 Meetings.
- §18B-2A-3 Supervision of governing boards; promulgation of rules.
- §18B-2A-4 Powers and duties of governing boards generally.
- §18B-2A-5 Public school service program.
- §18B-2A-6 University status for public baccalaureate institutions of higher education.
- §18B-2A-7 Transfer of orders, resolutions, policies and rules, obligations, etc.; division of assets and liabilities; financial audits.
- §18B-2A-7a Transfer of orders, resolutions, policies and rules, obligations, etc.
- §18B-2A-8 Additional powers and duties of governing boards.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.
- §18B-2B-1 Legislative findings; intent; purpose.
- §18B-2B-2 Definitions.
- §18B-2B-3 West Virginia council for community and technical college education; supervision of chancellor; chief executive officer.
- §18B-2B-4 Appointment, composition and terms of council.
- §18B-2B-5 Meetings and compensation.
- §18B-2B-6 Powers and duties of the council.
- §18B-2B-6A Repealed
- §18B-2B-7 Powers and duties of the chief executive officer.
- §18B-2B-8 State advisory committee of community and technical college presidents.
- §18B-2B-9 Permits required for correspondence, business, occupational and trade schools; surety bonds and fees; issuance, renewal and revocation of permit; reports; rules; penalty and enforcement.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
- §18B-2C-1 Legislative findings; intent.
- §18B-2C-2 Definitions.
- §18B-2C-3 Authority and duty of council to determine progress of community and technical colleges; conditions; authority to create West Virginia community and technical college.
- §18B-2C-4 Authority of council in creating West Virginia community and technical college.
- §18B-2C-5 Transfer of powers, duties, property, obligations, etc., of prior governing boards to the governing board of West Virginia community and technical college.
- §18B-2C-6 Powers and duties of governing board for the West Virginia community and technical college.
- §18B-2C-7 Powers and duties of vice chancellor as president of the West Virginia community and technical college.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
- §18B-3-1 Legislative findings, purpose and intent; definitions.
- §18B-3-2 Computer and computer equipment donation program.
- §18B-3-3 Relationship of governing boards to the commission and the council.
- §18B-3-3a Repealed
- §18B-3-4 Duty of governing boards to address state priorities.
- §18B-3-5 Repealed
- §18B-3-6 Repealed
- §18B-3-7 Repealed
ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL- TECHNICAL-OCCUPATIONAL EDUCATION.
ARTICLE 3B. WEST VIRGINIA LITERACY PROJECT.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
- §18B-3C-1 Legislative findings.
- §18B-3C-2 Purposes of article.
- §18B-3C-3 Essential conditions for community and technical college programs and services.
- §18B-3C-4 Community and technical college consortia planning districts.
- §18B-3C-5 Appointment of community and technical college presidents.
- §18B-3C-6 Community and technical college programs.
- §18B-3C-7 Blue Ridge Community and Technical College.
- §18B-3C-8 Legislative findings and intent; statewide network of independently accredited community and technical colleges; operations and administration.
- §18B-3C-9 Increasing flexibility for community and technical colleges.
- §18B-3C-10 Freestanding community and technical colleges; tuition and fees.
- §18B-3C-11 Shared facilities and resources; memoranda of agreements; and joint administrative boards.
- §18B-3C-12 Relationship between independent community and technical colleges and former sponsoring institutions.
- §18B-3C-13 Legislative intent; Pierpont Community and Technical College established as independent state institution of higher education; governing board; institutional organization, structure, accreditation status.
- §18B-3C-14 Findings; intent; advanced technology centers established; administration; boards of advisors.
- §18B-3C-15 Transition oversight.
ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.
- §18B-3D-1 Legislative findings and intent.
- §18B-3D-2 Workforce Development Initiative Program continued; purpose; program administration; rule required.
- §18B-3D-3 Mission of the Workforce Development Initiative Program.
- §18B-3D-4 Grant application procedures.
- §18B-3D-5 Legislative rules.
ARTICLE 3E. EASTERN WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
- §18B-3E-1 Legislative findings and intent.
- §18B-3E-2 Establishment and operation of Eastern West Virginia Community and Technical College; authority and duty to purchase property, expend appropriations and conduct programs.
ARTICLE 3F. COMMUNITY AND TECHNICAL COLLEGE SERVICES IN THE RESPONSIBILITY AREAS OF MARSHALL UNIVERSITY, WEST VIRGINIA STATE COLLEGE AND WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY.
ARTICLE 4. GENERAL ADMINISTRATION.
- §18B-4-1 Employment of chancellors; designation of staff; offices.
- §18B-4-2 Employment of vice chancellor for administration; office; powers and duties generally.
- §18B-4-3 Authority to participate in reciprocal regional and interstate higher educational agreements.
- §18B-4-4 State agency for participation in federal and private grants to higher education; related powers and duties.
- §18B-4-5 Campus police officers; appointment; qualifications; authority; compensation and removal.
- §18B-4-5a Crimes committed on campus of institutions of higher education.
- §18B-4-7 Accreditation of institutions of higher education; standards for degrees.
- §18B-4-8 West Virginia anatomical board; powers and duties relating to anatomical gifts; requisition of bodies; autopsies; transportation of bodies; expenses of preservation; bond required; offenses and penalties.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
- §18B-5-1 Repealed
- §18B-5-2 Repealed
- §18B-5-2a Authorizing certain transfers within and among general and special revenue accounts of state institutions of higher education.
- §18B-5-2b Repealed
- §18B-5-2c Repealed
- §18B-5-2d Repealed
- §18B-5-3 Authority to contract for programs, services and facilities.
- §18B-5-4 Purchase or acquisition of materials, supplies, equipment, services and printing.
- §18B-5-5 Prequalification disclosure by vendors; register of vendors; exceptions; suspension of vendors.
- §18B-5-6 Other code provisions relating to purchasing not controlling; exceptions; criminal provisions and penalties; financial interest of governing boards, etc.; receiving anything of value from interested party and penalties therefor; application of bribery statute.
- §18B-5-7 Disposition of obsolete and unusable equipment, surplus supplies and other unneeded materials.
- §18B-5-8 Report card on West Virginia business.
- §18B-5-9 Higher education fiscal responsibility.
- §18B-5-11 Energy and Water Savings Revolving Loan Program Fund.
- §18B-6-1 Repealed
- §18B-6-1a Definitions.
- §18B-6-2 State advisory council of faculty.
- §18B-6-2a Repealed
- §18B-6-3 Institutional faculty senate.
- §18B-6-3a Repealed
- §18B-6-4 State advisory council of students.
- §18B-6-4a Repealed
- §18B-6-4b Repealed
- §18B-6-5 State advisory councils of classified employees.
- §18B-6-6 Institutional classified employee council.
ARTICLE 7. PERSONNEL GENERALLY.
- §18B-7-1 Seniority for full-time classified personnel; seniority to be observed in reducing workforce; preferred recall list; renewal of listing; notice of vacancies.
- §18B-7-2 Authority to grant sabbatical leaves.
- §18B-7-3 Effect of leave of absence on academic tenure, rank, etc.
- §18B-7-4 Notice to probationary faculty members of retention or nonretention; hearing.
- §18B-7-5 Faculty and classified employee continuing education and development program.
- §18B-7-6 Adjunct faculty; part-time and temporary classified employees.
- §18B-7-7 Professional productivity.
- §18B-7-8 Campus administrators.
- §18B-7-9 Employment innovations.
- §18B-7-10 Salary increases for cooperative extension workers.
- §18B-7-11 Compensatory time off in lieu of overtime; written agreement; other conditions.
- §18B-7-12 Maintenance of benefits for employees.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
- §18B-8-1 Definitions.
- §18B-8-2 Repealed
- §18B-8-3 Faculty salary policies; reductions in salary prohibited; salary increase upon promotion in rank.
- §18B-8-3a Institutional salary policies; distribution of faculty salary increases; distribution of nonclassified administrative salary increases.
- §18B-8-4 Hirings after July 1, 1989.
- §18B-8-5 Merit increases and salary adjustment.
- §18B-8-6 Additional employment by mutual agreement.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.
- §18B-9-1 Legislative purpose.
- §18B-9-2 Definitions.
- §18B-9-2a Nonclassified employee limitation exemption.
- §18B-9-3 Higher education classified employee annual salary schedule.
- §18B-9-4 Establishment of personnel classification system; assignment to classification and to salary schedule.
- §18B-9-5 Classified employee salary.
- §18B-9-6 Repealed
- §18B-9-7 Conferences regarding personnel classification.
- §18B-9-8 Hirings after effective date.
- §18B-9-9 Additional employment by mutual agreement; provision for governing board approval.
- §18B-9-10 Higher education employees' catastrophic leave bank and leave transfer.
- §18B-9-11 Repealed
- §18B-9-12 Probationary employees.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.
- §18B-10-1 Enrollment, tuition and other fees at education institutions; refund of fees.
- §18B-10-1a Resident tuition rates for national guard members.
- §18B-10-1b Special equity fee; purpose; exemptions.
- §18B-10-1c Definitions.
- §18B-10-2 Higher education resource assessment.
- §18B-10-3 Repealed
- §18B-10-4 Medical education.
- §18B-10-4a Repealed
- §18B-10-4b Additional fee waivers for health sciences and technology academy programs.
- §18B-10-5 Fee waivers -- Undergraduate schools.
- §18B-10-6 Fee waivers -- Professional and graduate schools.
- §18B-10-6a Undergraduate, graduate and professional fee waivers - Marshall University and West Virginia University.
- §18B-10-7 Tuition and fee waivers for children and spouses of officers, firefighters, National Guard personnel, reserve personnel and active military duty personnel killed in the line of duty.
- §18B-10-7a Tuition and fee waivers or adjustments for residents at least sixty-five years old.
- §18B-10-7c Tuition and fee waivers for certain veterans receiving federal educational assistance benefits.
- §18B-10-8 Collection; disposition and use of capital and auxiliary capital fees; creation of special capital and auxiliary capital improvements funds; revenue bonds.
- §18B-10-9 Authority to excuse students in certain educational programs from payment of enrollment fees.
- §18B-10-10 The Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver.
- §18B-10-11 Fees and money derived from athletic contests.
- §18B-10-12 Student activities.
- §18B-10-13 Fees from operation of dormitories, faculty homes, dining halls and cafeterias.
- §18B-10-14 Bookstores.
- §18B-10-15 Authority of educational institutions to provide special services and programs; collection and disposition of fees therefor.
- §18B-10-16 Disposition of funds in state treasury.
ARTICLE 11. MISCELLANEOUS INSTITUTES AND CENTERS.
- §18B-11-1 Center for regional progress created; director powers; mission and purpose.
- §18B-11-2 Institute for public affairs; creation and purposes.
- §18B-11-3 Institute for international trade development; creation and purpose.
- §18B-11-4 Depositories for assistive devices and services.
- §18B-11-5 Repealed
- §18B-11-6 National institute for teaching excellence established.
- §18B-11-7 Regional Brownfield Assistance Centers.
ARTICLE 11A. STATE AUTISM TRAINING CENTER.
- §18B-11A-1 Purpose.
- §18B-11A-2 Definitions.
- §18B-11A-3 Powers and duties of board of governors and state autism center.
- §18B-11A-4 Responsibilities of center.
- §18B-11A-5 Rules and regulations.
- §18B-11A-6 Advisory board.
- §18B-11A-7 Trainee team; expense.
ARTICLE 11B. WEST VIRGINIA POISON CENTER.
- §18B-11B-1 Intent.
- §18B-11B-2 West Virginia Poison Center continued; certification.
- §18B-11B-3 Advisory Board.
- §18B-11B-4 Center responsibilities.
- §18B-11B-5 Powers and responsibilities of the director.
- §18B-11B-6 Immunity of center and staff.
ARTICLE 12. RESEARCH AND DEVELOPMENT AGREEMENTS FOR STATE INSTITUTIONS OF HIGHER EDUCATION.
- §18B-12-1 Definitions.
- §18B-12-2 Legislative findings and purpose.
- §18B-12-3 Boards authorized to contract with corporations; characteristics of corporations.
- §18B-12-4 Agreement; required provisions.
- §18B-12-5 Audit.
- §18B-12-6 Conflicts of interest.
- §18B-12-7 No waiver of sovereign immunity.
- §18B-12-8 Not obligation of the state.
- §18B-12-9 Sections and provisions severable.
- §18B-12-10 Assignment or transfer of property to certain corporations.
ARTICLE 12A. CENTERS FOR ECONOMIC DEVELOPMENT AND TECHNOLOGY ADVANCEMENT.
- §18B-12A-1 Legislative findings and purpose.
- §18B-12A-2 Definitions.
- §18B-12A-3 Establishment of centers for economic development and technology advancement; doctoral institutions authorized to enter into agreements.
- §18B-12A-4 Powers and duties of governing bodies and centers.
- §18B-12A-5 Appointment of president; qualifications.
- §18B-12A-6 Agreements; required provisions.
- §18B-12A-7 Audit.
- §18B-12A-8 Conflicts of interest.
- §18B-12A-9 No waiver of sovereign immunity.
- §18B-12A-10 Not obligation of the state.
ARTICLE 13. HIGHER EDUCATION -- INDUSTRY PARTNERSHIPS.
- §18B-13-1 Legislative findings; intent; definition.
- §18B-13-2 Higher education-industry collaboration and technical assistance.
- §18B-13-3 Powers and duties.
- §18B-13-4 High-Tech research zones, parks and technology centers; tax incentives.
- §18B-13-5 Use of state property and equipment; faculty.
- §18B-13-6 Repealed
- §18B-13-7 Repealed
- §18B-13-8 Repealed
- §18B-13-9 Repealed
- §18B-13-10 Repealed
- §18B-13-11 Repealed
- §18B-13-12 Repealed
- §18B-14-1 Authorization to sell West Virginia University poultry farm properties located in Morgantown.
- §18B-14-2 Authorization to sell West Virginia University vacant lot located in Morgantown and biological research station located in Terra Alta.
- §18B-14-3 Southern West Virginia community college authorization to sell property; use of net proceeds.
- §18B-14-4 Bluefield state college authorization to sell property; use of net proceeds.
- §18B-14-5 Authorization to sell property generally.
- §18B-14-5a Authorization for sale lease back.
- §18B-14-6 Marshall university authorization to sell property; use of net proceeds.
- §18B-14-7 Marshall University authorization to sell property; use of net proceeds.
- §18B-14-8 Repealed
- §18B-14-9 Legislative findings; establishment of study committee; membership; recommendations on higher education facilities.
- §18B-14-10 Credit card solicitation on college campuses; regulation of credit card marketing.
- §18B-14-11 Legislative findings; creation of Governor's Commission on Graduate Study in Science, Technology, Engineering, and Mathematics; membership; report.
ARTICLE 16. HEALTH CARE EDUCATION.
- §18B-16-1 Short title.
- §18B-16-2 Legislative findings and declarations.
- §18B-16-3 Definitions.
- §18B-16-4 Repealed
- §18B-16-5 Powers and duties of the vice chancellor.
- §18B-16-6 Creation of the West Virginia rural health advisory panel.
- §18B-16-6b Continuation of advisory panel.
- §18B-16-7 Establishment and operation of primary health care education sites.
- §18B-16-8 Allocation of appropriations.
- §18B-16-9 Accountability; reports
ARTICLE 17. LEGISLATIVE RULES.
- §18B-17-1 Legislative authorization; effective date of rules; technical deficiencies waived.
- §18B-17-2 Authorizing rules of Higher Education Policy Commission.
- §18B-17-3 Authorizing rule of the Council for Community and Technical College Education.
- §18B-17-4 Higher education policy commission.
- §18B-17-5 Authorizing West Virginia providing real opportunities for maximizing in-state student excellence scholarship program (PROMISE).
- §18B-17-6 Authorizing rules of higher education policy commission.
ARTICLE 18. EMINENT SCHOLARS ENDOWMENT TRUST FUND ACT.
- §18B-18-1 Legislative findings.
- §18B-18-2 Definition.
- §18B-18-3 Establishment of funds.
- §18B-18-6 Duties of higher education policy commission.
- §18B-18-7 Process for preparation of executive budget.
- §18B-18-8 Selection of eminent scholars.
- §18B-18-9 Authorization to solicit private moneys; terms of grants; reports; handling of moneys.
- §18B-18-10 Other funds.
ARTICLE 18A. DIRECTED RESEARCH ENDOWMENTS.
- §18B-18A-1 Legislative findings; purpose; and intent.
- §18B-18A-2 Definitions.
- §18B-18A-3 West Virginia Research Trust Fund.
- §18B-18A-4 Directed research endowments.
- §18B-18A-5 Qualified private donations.
- §18B-18A-6 Eligible uses of directed research endowment proceeds.
- §18B-18A-7 Directed research endowment plans.
- §18B-18A-8 Distributions from West Virginia Research Trust Fund.
- §18B-18A-9 Reallocation of matching moneys.
- §18B-18A-10 Distributions to state colleges.
- §18B-18A-11 Higher Education Policy Commission rule required; emergency rule authorized.
- §18B-18A-12 Annual report.
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