West Virginia CHAPTER 18B. — HIGHER EDUCATION
- CHAPTER 18B. — HIGHER EDUCATION.
- ARTICLE 1. — GOVERNANCE.
- §18B-1-1. — Legislative purpose; creation of governing boards.
- §18B-1-1a. — Goals for post-secondary education.
- §18B-1-1b. — Implementation of findings, directives, goals and
- §18B-1-1c. — Strategically focusing resources to maximize opportunity; institution plans; resource allocation exceptions.
- §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. — Board of trustees and board of directors under department of education and the arts.
- §18B-1-5a. — Pilot program of delivering educational services via distance learning.
- §18B-1-6. — Rulemaking.
- §18B-1-7. — Fairmont State Community and Technical College merged.
- §18B-1-8. — Student rights when institutions merge or become administratively linked.
- 18B-1-8a. — Higher education accountability; institutional and statewide report cards.
- §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 — Repealed.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. — Purpose of article; legislative findings and intent.
- §18B-1A-2. — Institutional compacts with state institutions of higher education; establishment and review process.
- §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. — Contrary provisions.
- §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 — Repealed.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. — Higher education accountability; institutional and statewide report cards.
- §18B-1B-9. — Statewide master plan.
- §18B-1B-10. — Goals of efficiency and effectiveness; findings; reports to commission and legislative oversight commission on education accountability.
- §18B-1B-11. — Study of licensing and oversight of certain institutions providing post-secondary education.
- §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 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. — 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-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. — Transfer of funds; council authority to expend funds.
- §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. — Community and technical college education; establishment; state level governance; formation of districts; college level administration and governance; programs; district consortia; implementation process; and implementation team.
- §18B-3-4. — Duty of governing boards to address state priorities.
- §18B-3-5. — Repealed.
- §18B-3-6. — Increasing flexibility for freestanding community and technical colleges.
- §18B-3-7. — Repealed.
- ARTICLE 3A. — WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL- TECHNICAL-OCCUPATIONAL EDUCATION.
- §§18B-3A-1 to 18B-3A-5. — Repealed.
- ARTICLE 3B. — WEST VIRGINIA LITERACY PROJECT.
- §18B-3B-1. — Purpose and intent of article.
- §18B-3B-2. — West Virginia literacy council established.
- 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. — Statewide network of independently accredited community and technical colleges.
- §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 administratively linked community and technical colleges and sponsoring institutions.
- §18B-3C-13. — Blue Ridge Community and Technical College.
- §18B-3C-14. — Operations of certain administratively linked community and technical colleges.
- 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.
- §§18B-3F-1 to 18B-3F-3. — Repealed.
- 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-4-6. — Acquisition, operation and regulation of parking areas and facilities at state institutions of higher education; regulation of parking, speed and flow of traffic on campus roads and driveways; civil and criminal penalties; disposition of revenue.
- §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. — Budget appropriations.
- §18B-5-2. — Resource allocation model and policies; allocation of appropriations.
- §18B-5-2a. — Authorizing certain transfers within and among general and special revenue accounts of state institutions of higher education.
- §18B-5-2b. — Resource allocation policy relief.
- §18B-5-2c. — Review of resource allocation model and policies.
- §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-5-10. — Medical professional liability insurance and risk management functions.
- ARTICLE 6. — ADVISORY COUNCILS.
- §18B-6-1. — Institutional boards of advisors for regional campuses and certain administratively linked community and technical colleges.
- §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
- §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 and firefighters killed in the line of duty.
- §18B-10-7a. — Tuition and fee waivers or adjustments for residents at least sixty-five years old.
- §18B-10-7b. — Tuition waivers for high school graduates in foster care.
- §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. — Repealed.
- §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. — Institute for instructional technology.
- §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. — High-tech 2000 board; grants; authority.
- §18B-13-7. — Powers and duties.
- §18B-13-8. — Appointment of the director.
- §18B-13-9. — Annual reports.
- §18B-13-10. — High-Tech 2000 research zones and parks.
- §18B-13-11. — Research park or zone tax exemptions.
- §18B-13-12. — Use of state property and equipment; faculty.
- ARTICLE 14. — MISCELLANEOUS.
- §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. — Statewide task force on teacher quality.
- §18B-14-9. — Repealed.
- §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 15. — SEVERABILITY.
- §18B-15-1. — Severability.
- ARTICLE 16. — HEALTH CARE EDUCATION.
- §18B-16-1. — Short title.
- §18B-16-2. — Legislative findings and declarations.
- §18B-16-3. — Definitions.
- §18B-16-4. — Establishment of rural health initiative; goals of rural health initiative.
- §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 and audit required.
- 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-18-4. — Powers and duties of governing boards.
- 18B-18-5. — Administration of fund.
- §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.