§18B-1-1c. — Strategically focusing resources to maximize opportunity; institution plans; resource allocation exceptions.
Code Resources
West Virginia Resources
West Virginia Website
West Virginia Governor
West Virginia Legislature
West Virginia Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
§18B-1-1c. Strategically focusing resources to maximize opportunity; institution plans; resource allocation exceptions.
(a) Purpose of strategic plans. -- To achieve the goals for post-secondary education as set forth in section one-a of this article, each of the following state institutions of higher education shall prepare a strategic plan of change to refocus its mission and leadership, and restructure its existing resources and programs: Bluefield state college; Concord college; Glenville state college; Fairmont state college; Marshall university; West Virginia northern community college; Potomac state college of West Virginia university; Shepherd college; southern West Virginia community college; West Liberty state college; the West Virginia graduate college; West Virginia university institute of technology; West Virginia university at Parkersburg; West Virginia school of osteopathic medicine; West Virginia state college; West Virginia university; and all branch campuses of these institutions of higher education. The plans shall specifically state how the institution will, over a five-year period, refocus its mission and leadership and restructure its existing resources and programs to achieve the goals for post-secondary education including, but not limited to, the following: (1) Increase average faculty salaries at the institution, not including health sciences, to a level at leastequal to ninety-five percent of the average faculty salaries at peer institutions in the southern regional education board region: Provided, That West Virginia university, excluding West Virginia university at Parkersburg, Potomac state college of West Virginia university and West Virginia university institute of technology shall state specifically how it will increase average faculty salaries at that institution, not including health sciences, to a level at least equal to ninety percent of the average faculty salaries at peer institutions in the southern regional education board region; (2) achieve full funding of the uniform employee classification system and salary policy for classified employees adopted by the respective governing boards pursuant to section four, article nine of this chapter; (3) eliminate duplicative programs and services, acting alone or in conjunction with another institution, and eliminate under-utilized or unnecessary programs; (4) may combine administrative functions among other institutions; and (5) use admission and exit standards for students, incentives and staff development for assuring quality teaching and learning and the critical assessment of programs to meet the goals. The plan shall also state the manner in which any pay increases will be funded, the sources of any funds used for pay increases, and the savings and costs associated with achieving any other goals specified in the plan and how the funds are to be redirected. Thefaculty senate, classified staff council and the student government association shall be consulted prior to the submission of the plan and their recommendations included in the president's report to the board. Beginning the first day of July, one thousand nine hundred ninety-six, the budgets of state institutions of higher education shall reflect movement to the salary targets for faculty and classified staff as set forth in this section and any other goals specified in their strategic plan for change.
(b) Submission of strategic plans. -- The president or administrative head of each state institution of higher education shall submit the plan for the institution to its respective governing board on or before the first day of November, one thousand nine hundred ninety-five, and every year thereafter, through and including the fiscal year two thousand--two thousand one: Provided, That community and technical college education shall not be required to be segregated in the plan until the first day of November, one thousand nine hundred ninety-six.
(c) Approval of strategic plans by the governing boards. -- The governing boards shall approve or disapprove the plans within sixty days of receipt of the plans and notify the institution president or administrative head of its decision. Approval or disapproval of the plan of each institution shall be decided by a vote of the appropriate governing board and shall be made part ofits minute record: Provided, That if the plan submitted by the institution includes retirement and separation incentives pursuant to section one-d of this article, that portion of the plan shall be submitted by the governing board to the legislative joint standing committee on pensions and retirement, and the time required for review by the committee shall not be included in the sixty days.
(d) Approval of original strategic plans by the secretary of education and the arts. -- Once the appropriate governing board approves the original plan, for the fiscal year beginning the first day of July, one thousand nine hundred ninety-six, it shall submit the plan to the secretary of education and the arts, as established in section two, article one, chapter five-f of this code, and hereby known as the "secretary" for purposes of this section, for approval or disapproval. The secretary shall approve or disapprove the plan and notify the appropriate governing board of the decision within thirty calendar days. Upon such approval the institution shall receive its share of the funds from the "higher education efficiency fund", pursuant to subsection (j) of this section. If an original plan from any institution is disapproved by the secretary, the secretary shall notify the appropriate governing board and shall return the plan to the institution for revision and resubmission to the appropriate governing board. When an institution resubmits its original strategic plan to theappropriate governing board, the board shall vote to approve or disapprove the plan pursuant to subsection (c) of this section. Once the original plan has been approved by the appropriate governing board, the governing board shall resubmit the plan to the secretary for approval or disapproval. The secretary shall notify the appropriate governing board within twenty calendar days of his or her action. Upon such approval the institution shall receive its share of the funds from the "higher education efficiency fund", pursuant to subsection (j) of this section.
(e) Disapproval of strategic plans by the governing boards. -- If disapproved, the governing board shall return the plan to the institution president or administrative head stating its reasons for disapproval. The institution president or administrative head may modify and resubmit a plan which was disapproved at any time and the governing board shall vote, in accordance with subsection (c) of this section, to approve or disapprove the resubmitted plan within thirty calendar days and notify the institution president or administrative head. If the plan has not been approved by the appropriate governing board on or before the first day of February following the November submission date, the board is authorized to develop a plan for the institution. The president or administrative head of every state institution of higher education with an approved plan shall update the plan on an annual basis toreflect performance during the preceding year and make any necessary modifications. The updated plan shall be submitted on the first day of November in each of the subsequent years through and including the fiscal year two thousand--two thousand one, and the governing board shall follow the same procedures for approval or disapproval as provided in this section for the original plan. Upon the approval of a plan or plan update which includes the elimination of a program, the institution president or administrative head immediately shall notify affected students, faculty and staff.
(f) Exceptions under the resource allocation model and policies. -- Any state institution of higher education with an approved plan may apply to its governing board for an exception under the resource allocation model and policies to retain funding for student enrollments that decline due to planned program reductions or elimination under the strategic plan. The number of student enrollments subject to the exception shall be based on the average full-time equivalent enrollments over the five preceding years in the program. The allocation exception shall become effective in the next ensuing allocation cycle following approval by the governing board and notification of affected faculty, students and staff of the program reduction or elimination, and shall remain effective for the number of years normally requiredfor students to complete the full program from beginning enrollment to graduation, subject to annual review by the governing board of the actual decline in program enrollments. Notwithstanding any other provision of this section, any program suspended or discontinued by action of the governing board on or after the first day of September, one thousand nine hundred ninety-four, and prior to the eleventh day of March, one thousand nine hundred ninety-five, which is being eliminated pursuant to that action, is eligible for an exception under the resource allocation model and policies pursuant to this section for the fiscal year one thousand nine hundred ninety-six.
(g) Any state institution of higher education with an approved plan may apply to its governing board for an exception under the resource allocation model and policies to retain funding for student enrollments that decline due to the planned reductions for the purpose of enhancing the quality of a particular program. The number of student enrollments subject to the exception shall be based on the average full-time equivalent enrollments over the preceding five years in the program. Money allocated to the institution as a result of this exception shall be used to enhance the quality of that particular program. The allocation exception shall become effective in the next ensuing allocation cycle following approval by the governing board and notification ofaffected faculty, students and staff of the program reduction and shall remain in effect subject to biennial review by the governing board of the actual decline in program enrollments and enhancements in quality of the program.
(h) The application for an exception under this subsection shall be submitted to the appropriate governing board by the institution president or administrative head and state how the funds will be redirected to achieve the purposes of the institution's approved plan including, but not limited to, salary increases to attract and retain quality faculty and staff, expand and improve the quality of existing programs, and make additional investments in technology and increased access. The governing board shall approve or disapprove the application within sixty days of receipt and if disapproved, shall return the application to the institution president or administrative head stating the reasons for disapproval. The institution president or administrative head may modify and resubmit an application which was disapproved at any time and the governing board shall approve or disapprove the resubmitted application within sixty days and notify the institution president or administrative head as provided in this subsection for the original plan.
(i) An exception to the resource allocation model and policies granted under this section and any differential approvedfor an institution by its governing board to reflect the high costs of a program within the institution's mission shall be removed from the institutions base budget and, to the extent included therein, from the indicated level of state support for the purposes of subsection (d), section two, article five of this chapter, and any governing board rule to the contrary is hereby specifically modified.
(j) Higher education efficiency fund. -- It is the expressed intent of the Legislature, subject to the availability of funds and appropriations therefor, to increase state appropriated funds for state institutions of higher education in each of the five fiscal years, one thousand nine hundred ninety-seven, through and including, fiscal year two thousand--two thousand one, at a rate of at least three and twenty-five one-hundredths percent per year to assist the institutions in achieving their strategic plan of change, subject to demonstrated effort by the institutions as determined by the Legislature to refocus and restructure their missions, leadership, resources and programs to meet the plans in accordance with this section. In any fiscal year in which the state appropriated funds are less than the expressed intent, the governing boards may adjust the targets set forth in the strategic plans for change by a like proportion: Provided, That the target shall not be adjusted for those institutions which have lost fundsas a result of failure to secure approval, pursuant to this section, or failure to comply with their approved strategic plans. Beginning with legislative appropriations under this subsection for the fiscal year one thousand nine hundred ninety-six--ninety-seven, the Legislature shall appropriate the funds, if any, to a separate account known as the "higher education efficiency fund" in the state budget. Funds from the higher education efficiency fund shall be allocated in the following manner:
(1) For the fiscal year one thousand nine hundred ninety-six--ninety-seven, appropriations to the fund shall be allocated only to institutions with approved plans, pursuant to this section; and
(2) For the fiscal year one thousand nine hundred ninety-seven--ninety-eight, and every year through and including the fiscal year two thousand--two thousand one, appropriations to the fund shall be allocated only to institutions with approved plans, pursuant to this section, which are in compliance with their strategic plan for change as approved by the appropriate governing board. The allocations shall be made in accordance with the resource allocation model and policies in the following manner:
(i) Any institution with a plan approved by the appropriate governing board by the first day of July of each fiscal year is entitled to its full annual share of the moneys appropriated to the higher education efficiency fund;
(ii) Any institution which fails to secure approval by the appropriate governing board by the first day of July, but secures the approval before the first day of October, is entitled to the remaining three quarters of its annual share of the moneys appropriated to the higher education efficiency fund;
(iii) Any institution which fails to secure approval by the appropriate governing board by the first day of July, but secures approval before the first day of January, is entitled to the remaining one half of its annual share of the moneys appropriated to the higher education efficiency fund; and
(iv) Any institution which fails to secure approval by the appropriate governing board by the first day of July, but secures approval before the first day of April, is entitled to the remaining one quarter of its annual share of the moneys appropriated to the higher education efficiency fund.
The quarterly share of the higher education efficiency fund of an institution which is not so allocated, by the beginning of each quarter, shall be allocated immediately to the higher education grant program, pursuant to article five, chapter eighteen-c of this code, or if such program is fully funded, for expenditure among all institutions for scholarships and student grant programs.
(a) Purpose of strategic plans. -- To achieve the goals for post-secondary education as set forth in section one-a of this article, each of the following state institutions of higher education shall prepare a strategic plan of change to refocus its mission and leadership, and restructure its existing resources and programs: Bluefield state college; Concord college; Glenville state college; Fairmont state college; Marshall university; West Virginia northern community college; Potomac state college of West Virginia university; Shepherd college; southern West Virginia community college; West Liberty state college; the West Virginia graduate college; West Virginia university institute of technology; West Virginia university at Parkersburg; West Virginia school of osteopathic medicine; West Virginia state college; West Virginia university; and all branch campuses of these institutions of higher education. The plans shall specifically state how the institution will, over a five-year period, refocus its mission and leadership and restructure its existing resources and programs to achieve the goals for post-secondary education including, but not limited to, the following: (1) Increase average faculty salaries at the institution, not including health sciences, to a level at leastequal to ninety-five percent of the average faculty salaries at peer institutions in the southern regional education board region: Provided, That West Virginia university, excluding West Virginia university at Parkersburg, Potomac state college of West Virginia university and West Virginia university institute of technology shall state specifically how it will increase average faculty salaries at that institution, not including health sciences, to a level at least equal to ninety percent of the average faculty salaries at peer institutions in the southern regional education board region; (2) achieve full funding of the uniform employee classification system and salary policy for classified employees adopted by the respective governing boards pursuant to section four, article nine of this chapter; (3) eliminate duplicative programs and services, acting alone or in conjunction with another institution, and eliminate under-utilized or unnecessary programs; (4) may combine administrative functions among other institutions; and (5) use admission and exit standards for students, incentives and staff development for assuring quality teaching and learning and the critical assessment of programs to meet the goals. The plan shall also state the manner in which any pay increases will be funded, the sources of any funds used for pay increases, and the savings and costs associated with achieving any other goals specified in the plan and how the funds are to be redirected. Thefaculty senate, classified staff council and the student government association shall be consulted prior to the submission of the plan and their recommendations included in the president's report to the board. Beginning the first day of July, one thousand nine hundred ninety-six, the budgets of state institutions of higher education shall reflect movement to the salary targets for faculty and classified staff as set forth in this section and any other goals specified in their strategic plan for change.
(b) Submission of strategic plans. -- The president or administrative head of each state institution of higher education shall submit the plan for the institution to its respective governing board on or before the first day of November, one thousand nine hundred ninety-five, and every year thereafter, through and including the fiscal year two thousand--two thousand one: Provided, That community and technical college education shall not be required to be segregated in the plan until the first day of November, one thousand nine hundred ninety-six.
(c) Approval of strategic plans by the governing boards. -- The governing boards shall approve or disapprove the plans within sixty days of receipt of the plans and notify the institution president or administrative head of its decision. Approval or disapproval of the plan of each institution shall be decided by a vote of the appropriate governing board and shall be made part ofits minute record: Provided, That if the plan submitted by the institution includes retirement and separation incentives pursuant to section one-d of this article, that portion of the plan shall be submitted by the governing board to the legislative joint standing committee on pensions and retirement, and the time required for review by the committee shall not be included in the sixty days.
(d) Approval of original strategic plans by the secretary of education and the arts. -- Once the appropriate governing board approves the original plan, for the fiscal year beginning the first day of July, one thousand nine hundred ninety-six, it shall submit the plan to the secretary of education and the arts, as established in section two, article one, chapter five-f of this code, and hereby known as the "secretary" for purposes of this section, for approval or disapproval. The secretary shall approve or disapprove the plan and notify the appropriate governing board of the decision within thirty calendar days. Upon such approval the institution shall receive its share of the funds from the "higher education efficiency fund", pursuant to subsection (j) of this section. If an original plan from any institution is disapproved by the secretary, the secretary shall notify the appropriate governing board and shall return the plan to the institution for revision and resubmission to the appropriate governing board. When an institution resubmits its original strategic plan to theappropriate governing board, the board shall vote to approve or disapprove the plan pursuant to subsection (c) of this section. Once the original plan has been approved by the appropriate governing board, the governing board shall resubmit the plan to the secretary for approval or disapproval. The secretary shall notify the appropriate governing board within twenty calendar days of his or her action. Upon such approval the institution shall receive its share of the funds from the "higher education efficiency fund", pursuant to subsection (j) of this section.
(e) Disapproval of strategic plans by the governing boards. -- If disapproved, the governing board shall return the plan to the institution president or administrative head stating its reasons for disapproval. The institution president or administrative head may modify and resubmit a plan which was disapproved at any time and the governing board shall vote, in accordance with subsection (c) of this section, to approve or disapprove the resubmitted plan within thirty calendar days and notify the institution president or administrative head. If the plan has not been approved by the appropriate governing board on or before the first day of February following the November submission date, the board is authorized to develop a plan for the institution. The president or administrative head of every state institution of higher education with an approved plan shall update the plan on an annual basis toreflect performance during the preceding year and make any necessary modifications. The updated plan shall be submitted on the first day of November in each of the subsequent years through and including the fiscal year two thousand--two thousand one, and the governing board shall follow the same procedures for approval or disapproval as provided in this section for the original plan. Upon the approval of a plan or plan update which includes the elimination of a program, the institution president or administrative head immediately shall notify affected students, faculty and staff.
(f) Exceptions under the resource allocation model and policies. -- Any state institution of higher education with an approved plan may apply to its governing board for an exception under the resource allocation model and policies to retain funding for student enrollments that decline due to planned program reductions or elimination under the strategic plan. The number of student enrollments subject to the exception shall be based on the average full-time equivalent enrollments over the five preceding years in the program. The allocation exception shall become effective in the next ensuing allocation cycle following approval by the governing board and notification of affected faculty, students and staff of the program reduction or elimination, and shall remain effective for the number of years normally requiredfor students to complete the full program from beginning enrollment to graduation, subject to annual review by the governing board of the actual decline in program enrollments. Notwithstanding any other provision of this section, any program suspended or discontinued by action of the governing board on or after the first day of September, one thousand nine hundred ninety-four, and prior to the eleventh day of March, one thousand nine hundred ninety-five, which is being eliminated pursuant to that action, is eligible for an exception under the resource allocation model and policies pursuant to this section for the fiscal year one thousand nine hundred ninety-six.
(g) Any state institution of higher education with an approved plan may apply to its governing board for an exception under the resource allocation model and policies to retain funding for student enrollments that decline due to the planned reductions for the purpose of enhancing the quality of a particular program. The number of student enrollments subject to the exception shall be based on the average full-time equivalent enrollments over the preceding five years in the program. Money allocated to the institution as a result of this exception shall be used to enhance the quality of that particular program. The allocation exception shall become effective in the next ensuing allocation cycle following approval by the governing board and notification ofaffected faculty, students and staff of the program reduction and shall remain in effect subject to biennial review by the governing board of the actual decline in program enrollments and enhancements in quality of the program.
(h) The application for an exception under this subsection shall be submitted to the appropriate governing board by the institution president or administrative head and state how the funds will be redirected to achieve the purposes of the institution's approved plan including, but not limited to, salary increases to attract and retain quality faculty and staff, expand and improve the quality of existing programs, and make additional investments in technology and increased access. The governing board shall approve or disapprove the application within sixty days of receipt and if disapproved, shall return the application to the institution president or administrative head stating the reasons for disapproval. The institution president or administrative head may modify and resubmit an application which was disapproved at any time and the governing board shall approve or disapprove the resubmitted application within sixty days and notify the institution president or administrative head as provided in this subsection for the original plan.
(i) An exception to the resource allocation model and policies granted under this section and any differential approvedfor an institution by its governing board to reflect the high costs of a program within the institution's mission shall be removed from the institutions base budget and, to the extent included therein, from the indicated level of state support for the purposes of subsection (d), section two, article five of this chapter, and any governing board rule to the contrary is hereby specifically modified.
(j) Higher education efficiency fund. -- It is the expressed intent of the Legislature, subject to the availability of funds and appropriations therefor, to increase state appropriated funds for state institutions of higher education in each of the five fiscal years, one thousand nine hundred ninety-seven, through and including, fiscal year two thousand--two thousand one, at a rate of at least three and twenty-five one-hundredths percent per year to assist the institutions in achieving their strategic plan of change, subject to demonstrated effort by the institutions as determined by the Legislature to refocus and restructure their missions, leadership, resources and programs to meet the plans in accordance with this section. In any fiscal year in which the state appropriated funds are less than the expressed intent, the governing boards may adjust the targets set forth in the strategic plans for change by a like proportion: Provided, That the target shall not be adjusted for those institutions which have lost fundsas a result of failure to secure approval, pursuant to this section, or failure to comply with their approved strategic plans. Beginning with legislative appropriations under this subsection for the fiscal year one thousand nine hundred ninety-six--ninety-seven, the Legislature shall appropriate the funds, if any, to a separate account known as the "higher education efficiency fund" in the state budget. Funds from the higher education efficiency fund shall be allocated in the following manner:
(1) For the fiscal year one thousand nine hundred ninety-six--ninety-seven, appropriations to the fund shall be allocated only to institutions with approved plans, pursuant to this section; and
(2) For the fiscal year one thousand nine hundred ninety-seven--ninety-eight, and every year through and including the fiscal year two thousand--two thousand one, appropriations to the fund shall be allocated only to institutions with approved plans, pursuant to this section, which are in compliance with their strategic plan for change as approved by the appropriate governing board. The allocations shall be made in accordance with the resource allocation model and policies in the following manner:
(i) Any institution with a plan approved by the appropriate governing board by the first day of July of each fiscal year is entitled to its full annual share of the moneys appropriated to the higher education efficiency fund;
(ii) Any institution which fails to secure approval by the appropriate governing board by the first day of July, but secures the approval before the first day of October, is entitled to the remaining three quarters of its annual share of the moneys appropriated to the higher education efficiency fund;
(iii) Any institution which fails to secure approval by the appropriate governing board by the first day of July, but secures approval before the first day of January, is entitled to the remaining one half of its annual share of the moneys appropriated to the higher education efficiency fund; and
(iv) Any institution which fails to secure approval by the appropriate governing board by the first day of July, but secures approval before the first day of April, is entitled to the remaining one quarter of its annual share of the moneys appropriated to the higher education efficiency fund.
The quarterly share of the higher education efficiency fund of an institution which is not so allocated, by the beginning of each quarter, shall be allocated immediately to the higher education grant program, pursuant to article five, chapter eighteen-c of this code, or if such program is fully funded, for expenditure among all institutions for scholarships and student grant programs.