West Virginia-2022-SB653-Engrossed

The following words when used in this chapter and chapter 18C of this code have the meanings ascribed to them unless the context clearly indicates a different meaning:

“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;

“Advanced technology center” means a facility established under the direction of ~~an independent~~ a 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;

“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;

“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;

“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. These services include courses, degree programs, or other services contracted through an agreement with a provider of education services either in-state or out of state;

“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 Community and Technical College Education where the context refers to a function of the West Virginia Council for Community and Technical College Education;

“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 Higher Education” means the chief executive officer of the Higher Education Policy Commission employed pursuant to §18B-1B-5 of this code;

“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;

“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, 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: Provided, That on and after July 1, 2023, Pierpont Community and Technical College shall be a division of Fairmont State University;

“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 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; certificate programs and skill sets; developmental education; continuing education; collegiate credit and noncredit workforce development programs; and transfer and baccalaureate parallel programs. All programs are under the jurisdiction of the council. Any reference to “post-secondary vocational education programs” means community and technical college education programs as defined in this subdivision;

“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;

“Council” means the West Virginia Council for Community and Technical College Education created by §18B-2B-1 et seq. of this code;

“Division” means a community and technical college which is fully integrated with a four-year institution of higher education in this state and no longer operates as a free-standing, independent community and technical college;

“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;

“Essential conditions” means those conditions which shall be met by community and technical colleges as provided in §18B-3C-3 of this code;

~~“Exempted schools” or~~ “Statutorily exempted schools” means West Virginia University, including West Virginia University Potomac State College and West Virginia University Institute of Technology; Marshall University; and the West Virginia School of Osteopathic Medicine;

“Governing boards” or “boards” means the institutional boards of governors created by §18B-2A-1 of this code;

“Higher Education Policy Commission”, “policy commission” or “commission” means the commission created by §18B-1B-1 of this code;

“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, 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: Provided, That on and after July 1, 2023, Pierpont Community and Technical College shall be a division of Fairmont State University;

“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;

“Rule” or “rules” means a regulation, standard, policy, or interpretation of general application and future effect;

“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. This definition includes institutions whose governing boards had under their jurisdiction a community and technical college, regional campus, or a division delivering community and technical college education and programs

“State college and university” means Bluefield State College, Concord University, Fairmont State University, Glenville State ~~College~~ University, Shepherd University, West Liberty University, or West Virginia State University;

“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;

“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

“Vice chancellor for administration” means the person employed in accordance with §18B-4-2 of this code. Any reference in this chapter or chapter 18C of this code to “senior administrator” means vice chancellor for administration.

(a) Findings. –

The Legislature finds that the State of West Virginia is served best when the membership of each governing board includes the following:

(1) The academic expertise and institutional experience of faculty members and a student of the institution governed by the board;

(2) The technical or professional expertise and institutional experience of a classified employee or, as appropriate, nonclassified employee of the institution governed by the board;

(3) An awareness and understanding of the issues facing the institution governed by the board; and

(4) The diverse perspectives that arise from a membership that is balanced in terms of gender and varied in terms of race and ethnic heritage.

(b) Boards of governors established. –

A board of governors is continued at each of the following institutions: Bluefield State College, Blue Ridge Community and Technical College, ~~Bridgemont~~ BridgeValley Community and Technical College, Concord University, Eastern West Virginia Community and Technical College, Fairmont State University, Glenville State ~~College~~ University, ~~Kanawha Valley Community and Technical College~~ Mountwest Community and Technical College, Marshall University, New River Community and Technical College, Pierpont Community and Technical College, Shepherd University, Southern West Virginia Community and Technical College, West Liberty University, West Virginia Northern Community and Technical College, the West Virginia School of Osteopathic Medicine, West Virginia State University, West Virginia University and West Virginia University at Parkersburg: Provided, That the Board of Governors of Pierpont Community and Technical College is hereby abolished as of July 1, 2023: Provided, however, That the members of the Board of Governors of Pierpont Community and Technical College serving on June 30, 2023, shall become the initial advisory board of Pierpont College of Community and Technical Education of Fairmont State University until June 30, 2024: Provided further, That the members of the initial advisory board shall elect a chairperson on or after July 1, 2023, to serve until June 30, 2024.

(1) An appointment to fill a vacancy on the board or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.

(2) The Board of Governors for Marshall University consists of 16 persons. The Board of Governors for West Virginia University consists of 17 persons. The Board of Governors for Fairmont State University consists of 15 persons. The boards of governors of the other state institutions of higher education consist of 12 persons.

(3) Each board of governors includes the following members:

(A) A full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution.

(B) A member of the student body in good academic standing, enrolled for college credit work and duly elected by the student body of the respective institution; and

(C) A member from the institutional classified employees duly elected by the classified employees of the respective institution or, if the respective institution does not have classified employees, a member from the institutional nonclassified employees duly elected by the nonclassified employees of the respective institution.

(4) For the Board of Governors at Marshall University, 13 lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section;

(5) For the Board of Governors at West Virginia University, 12 lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section, and additionally:

(A) The chairperson of the Board of Visitors of West Virginia University Institute of Technology; and

(B) A full-time faculty member representing the extension service at the institution or a full-time faculty member representing the health sciences, selected by the faculty senate.

(6) For the Board of Governors at Fairmont State University, 10 lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section, including at least one member with experience in employment of graduates trained in community and technical education, and additionally:

(A) The chair of the Advisory Board of the Pierpont College of Community and Technical Education; and

(B) A full-time faculty member representing the Pierpont College of Community and Technical Education, selected by the faculty senate.

~~(6)~~(7) For each board of governors of the other state institutions of higher education, nine lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section.

(A) Of the nine members appointed by the Governor, no more than five may be of the same political party. Of the 13 members appointed by the Governor to the governing board of Marshall University, no more than eight may be of the same political party. Of the 12 members appointed by the Governor to the governing board of West Virginia University, no more than seven may be of the same political party. Of the 10 members appointed by the Governor to the governing board of Fairmont State University, no more than six may be of the same political party.

(B) Of the nine members appointed by the Governor, at least 5 shall be residents of the state. Of the 13 members appointed by the Governor to the governing board of Marshall University, at least eight shall be residents of the state. Of the 12 members appointed by the Governor to the governing board of West Virginia University, at least seven shall be residents of the state. Of the 10 members appointed by the Governor to the governing board of Fairmont State University, at least six shall be residents of the state.

~~(7)~~ (8) In making lay appointments, the Governor shall consider the institutional mission and membership characteristics including the following:

(A) The need for individual skills, knowledge, and experience relevant to governing the institution;

(B) The need for awareness and understanding of institutional problems and priorities, including those related to research, teaching, and outreach;

(D) The value of achieving balance in gender and diversity in the racial and ethnic characteristics of the lay membership of each board.

(d) Board member terms. –

(1) The student member serves for a term of one year. Each term begins on July 1.

(2) The faculty members serve for a term of two years. Each term begins on July 1. Faculty members are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.

(3) The member representing classified employees or, as appropriate, nonclassified employees serves for a term of two years. Each term begins on July 1. Members representing classified employees or, as appropriate, nonclassified employees are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.

(4) The appointed lay citizen members serve terms of four years each and are eligible to succeed themselves for no more than one additional term, except that citizen members who are appointed to fill unexpired terms are eligible to succeed themselves for two full terms after completing an unexpired term.

(5) A vacancy in an unexpired term of a member shall be filled for the unexpired term within 30 days of the occurrence of the vacancy in the same manner as the original appointment or election. Except in the case of a vacancy, all elections are held and all appointments are made no later than June 30 preceding the commencement of the term. Each board of governors shall elect one of its appointed lay members to be chairperson in June of each year. A member may not serve as chairperson for more than four consecutive years.

(6) The appointed members of the boards of governors serve staggered terms of up to four years except that four of the initial appointments to the governing boards of community and technical colleges that became independent July 1, 2008, are for terms of two years and five of the initial appointments are for terms of four years

(e) Board member eligibility, expenses. –

(1) A person is ineligible for appointment to membership on a board of governors of a state institution of higher education under the following conditions:

(A) For a baccalaureate institution or university, a person is ineligible for appointment who is an officer, employee, or member of any other board of governors within this state; an employee of any institution of higher education within this state; an officer or member of any political party executive committee; the holder of any other public office or public employment under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to ~~article twelve of this chapter~~ §18B-12-1 et seq. of this code; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the council or commission: Provided, That if an appointee is an employee or board member of an out-of-state higher education institution, there is no apparent conflict of interest caused by the individual serving in both capacities. This subsection does not prevent the representative from the faculty, classified employees or, as appropriate, nonclassified employees, students or the superintendent of a county board of education from being members of the governing boards.

(B) For a community and technical college, a person is ineligible for appointment who is an officer, employee, or member of any other board of governors within this state; ~~a member of a board of visitors of any public institution of higher education;~~ an employee of any institution of higher education within this state; an officer or member of any political party executive committee; the holder of any other public office, other than an elected county office, or public employment, other than employment by the county board of education, under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to §18B-12-1 et seq. of this code; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the council or commission: Provided, That if an appointee is an employee or board member of an out-of-state higher education institution, there is no apparent conflict of interest caused by the individual serving in both capacities. This subsection does not prevent the representative from the faculty, classified employees or, as appropriate, nonclassified employees or students from being members of the governing boards.

(2) Before exercising any authority or performing any duties as a member of a governing board, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia and the certificate thereof shall be filed with the Secretary of State.

(3) A member of a governing board appointed by the Governor may not be removed from office by the Governor except for official misconduct, incompetence, neglect of duty, or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the Governor.

(4) The members of the board of governors serve without compensation, but are reimbursed for all reasonable and necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn statement of expenses.

(5) The president of the institution shall make available resources of the institution for conducting the business of its board of governors. All expenses incurred by the board of governors and the institution under this section are paid from funds allocated to the institution for that purpose.

§18B-2A-7a. Transfer of orders, resolutions, policies and rules, obligations, etc.

(a) Legislative findings. —

(1) The Legislature has enacted legislation, beginning with Enrolled Senate Bill No. 653, passed during the two thousand regular session, and continuing with Enrolled Senate Bill No. 703, passed during the two thousand one regular session, Enrolled House Bill No. 2224, passed during the two thousand three regular session, and Enrolled Senate Bill No. 448, passed during the two thousand four regular session, the purpose of which is to strengthen the state's community and technical colleges, clarify their core mission and establish essential conditions to be met, and ensure the most effective delivery of services to business, industry, and West Virginia citizens in every region of the state

~~(2)~~ (1) The primary goal of the Legislature is to create a statewide network of independently accredited community and technical colleges that focuses on technical education, workforce training, and ~~lifelong learning for the Twenty-first Century~~ ensure the most effective delivery of services to business, industry, and West Virginia citizens in every region of the state, consistent with the goals, objectives, priorities, and essential conditions established in ~~articles one, one-d and three-c of this chapter~~ §§18B-1-1 et seq., 18B-1D-1, et seq., and 18B-3C-1 et seq. of this code.

~~(3)~~(2) A necessary precedent to accomplishing the legislative goal is to change the way that leaders at all levels of education, including institutional governing boards, view community and technical colleges. Specifically, that the mission of community and technical colleges is different from that of traditional four-year colleges in what they seek to accomplish and how they can achieve it effectively and that the state cannot compete successfully in today's information-driven, technology-based economy if community and technical colleges continue to be viewed as add-ons or afterthoughts attached to the baccalaureate institutions.

(b) Legislative intent. —

(1) Therefore, it is the intent of the Legislature that the statewide network of independently-accredited community and technical colleges as a whole and each independent community and technical college individually provide the following types of services as part of the core institutional mission:

(A) Career and technical education certificate, associate of applied science, and selected associate of science degree programs for students seeking immediate employment, individual entrepreneurship skills, occupational development, skill enhancement, and career mobility;

(B) Transfer education associate of arts and associate of science degree programs for students whose educational goal is to transfer into a baccalaureate degree program with particular emphasis on reaching beyond traditional college-age students to unserved or underserved adult populations;

(C) Developmental/remedial education courses, tutorials, skills development labs, and other services for students who need to improve their skills in mathematics, English, reading, study skills, computers, and other basic skill areas;

(D) Workforce development education contracted with business and industry to train or retrain employees;

(E) Continuing development assistance and education credit and noncredit courses for professional and self-development, certification and licensure, and literacy training; and

(F) Community service workshops, lectures, seminars, clinics, concerts, theatrical performances, and other noncredit activities to meet the cultural, civic, and personal interests and needs of the community the institution serves.

(2) It is further the intent of the Legislature that each community and technical college focus special attention on programmatic delivery of their core mission services to unserved and underserved populations to achieve established state objectives. These include the following as highest priorities:

(A) Increasing the number of adults age ~~twenty-five~~ 25 and above who participate in post-secondary education;

(B) Developing technical programs that meet the documented occupational needs of West Virginia's employers;

(C) Providing workforce development programs by implementing the Adult Career Pathways Model, which provides opportunities for the following:

(i) Adults to earn certifications through the completion of skill-sets;

(ii) Ordered progression from skill-sets and certifications to one-year certificate programs and progression from one-year certificate degrees to Associate of Applied Science Degree programs, and

(iii) Students to exit at any stage of completion in order to enter employment with the option of continuing the pathway progression at a later time and/or on a part-time basis.

(D) Offering programs in various time frames other than the traditional semester delivery model and at different locations, including work sites, convenient to working adults;

(E) Providing technical programs in modules or “chunks,” defined in competencies required for employment and tied to certification and licensing requirements.

(F) Entering into collaborative programs that recognize high-quality training programs provided through labor unions, registered apprenticeships, and industry-sponsored training programs with the goal of enabling more adults to earn a college credential;

(G) Developing innovative approaches to improve the basic and functional literacy rates of West Virginians in all regions of the state;

(H) Developing “bridge programs” for disadvantaged youth and adults to enable them to acquire the skills necessary to be successful in education and training programs that lead to high-skills, high-wage jobs; and

(I) Providing access to postsecondary education through the delivery of developmental education for those individuals academically under-prepared for college-level work.

(c) In fulfillment of the purposes and intent defined in subsections (a) and (b) of this section, there is continued a statewide network of independently accredited community and technical colleges serving every region of the state. Each free-standing and independent community and technical college is strongly encouraged to serve as a higher education center for its region by brokering with other colleges, universities, and providers, in-state and out-of-state, both public and private, to afford the most coordinated access to needed programs and services by students, employers, and other clients, to achieve the goals, objectives, and essential conditions established in ~~articles one, one-d, and three-c of this chapter~~ §18B-1-1 et seq., §18B-1D-1 et seq., and §18B-3C-1 et seq. of this code, and to ensure the most efficient use of scarce resources.

(d) Statewide network of independently accredited community and technical colleges.—

(1) By July 1, 2009, each governing board of a community and technical college which became independent on July 1, 2008, shall make a determination by majority vote of the board whether to keep the current name for its respective institution or to select a new name. If a governing board chooses to select a new name, any reference in this code to that institution by a name in use prior to July 1, 2009, means the institution under the name designated by its board of governors

~~(2)~~ The statewide network of independently accredited community and technical colleges is comprised of the following independent state institutions of higher education under the jurisdiction of the council:

~~(A)~~(1) Blue Ridge Community and Technical College. —

Blue Ridge Community and Technical College is an independently accredited state institution of higher education. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(B)~~(2) ~~Bridgemont~~ BridgeValley Community and Technical College. —

~~(i)~~(A) ~~Bridgemont~~ BridgeValley Community and Technical College is an independently accredited state institution of higher education which may maintain an association with West Virginia University Institute of Technology, a division of West Virginia University, or directly with West Virginia University, subject to the provisions of ~~section twelve of this article~~ §18B-3C-12 of this code. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(ii)~~(B) West Virginia University Institute of Technology may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and West Virginia University Institute of Technology or directly with West Virginia University, as appropriate. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and West Virginia University Institute of Technology or West Virginia University related to program delivery under the terms of this section in effect on July 1, 2008, shall continue in effect until July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.

~~(iii)~~(C) Dual credit course delivery agreements. —

~~(I)~~(i) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between West Virginia University Institute of Technology and ~~Bridgemont~~ BridgeValley Community and Technical College relating to delivery of dual credit courses as defined in ~~section two, article one of this chapter~~ §18B-1-2 of this code;

~~(II)~~(ii) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and

~~(III)~~(iii) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in ~~section two, article one of this chapter~~ §18B-1-2 of this code to students in high schools which are not served by the baccalaureate institution.

~~(C)~~(3) Eastern West Virginia Community and Technical College. —

Eastern West Virginia Community and Technical College is ~~free-standing state institution of higher education seeking independent accreditation~~ an independently accredited state institution of higher education. The president and the governing board of Eastern Community and Technical College are responsible for ~~achieving~~ maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(D)~~(4) Mountwest Community and Technical College. —

~~(i)~~(A) Mountwest Community and Technical College is an independently accredited state institution of higher education which may maintain an association with Marshall University subject to the provisions of ~~section twelve of this article~~ §18B-3C-12 of this code. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(ii)~~(B) Marshall University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with Mountwest Community and Technical College. The terms of the contract shall be negotiated between the governing boards of the community and technical college and Marshall University. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and Marshall University related to program delivery under the terms of this section in effect on July 1, 2008, shall continue in effect until July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by Mountwest Community and Technical College.

~~(iii)~~(C) Dual credit course delivery agreements. —

~~(I)~~(i) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between Marshall University and Mountwest Community and Technical College relating to delivery of dual credit courses as defined in ~~section two, article one of this chapter~~ §18B-2-1 of this code;

~~(III)~~(iii) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in ~~section two, article one of this chapter~~ §18B-2-1 of this code to students in high schools which are not served by the baccalaureate institution.

~~(E)~~(5) New River Community and Technical College. —

~~(i)~~(A) New River Community and Technical College is an independently accredited state institution of higher education which may maintain an association with Bluefield State College subject to the provisions of ~~section twelve of this article~~ §18B-3C-12 of this code. The community and technical college is headquartered in or near Beckley and incorporates the campuses of Greenbrier Community College Center of New River Community and Technical College and Nicholas Community College Center of New River Community and Technical College.

~~(ii)~~(B) The president and the governing board of New River Community and Technical College are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(iii)~~(C) Bluefield State College may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided through direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and Bluefield State College. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and Bluefield State College related to program delivery under the terms of this section in effect on July 1, 2008, shall continue in effect until July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by New River Community and Technical College.

~~(iv)~~(D) Bluefield State College may continue the associate of science degree in nursing which is an existing nationally accredited associate degree program in an area of particular institutional strength and which is closely articulated to the baccalaureate program and mission. The program is of a high-cost nature and can best be provided through direct administration by a baccalaureate institution. This program may not be transferred to New River Community and Technical College or any other community and technical college as long as the program maintains national accreditation and is seamlessly coordinated into the baccalaureate program at the institution.

~~(v)~~(E) New River Community and Technical College participates in the planning and development of a unified effort involving multiple providers to meet the documented education and work force development needs in the region. Nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between ~~Mountain State University,~~ West Virginia University Institute of Technology and West Virginia University. The objective is to assure students and employers in the area that there is coordination and efficient use of resources among the separate programs and facilities, existing and planned, in the Beckley area.

~~(F)~~(6) Pierpont Community and Technical College. —

~~(i)~~(A) Pierpont Community and Technical College is an independent state institution of higher education seeking independent accreditation. The president and the governing board of Pierpont Community and Technical College, assisted by the president and governing board of Fairmont State University, are responsible for the community and technical college achieving independent accreditation and adhering to the essential conditions pursuant to sections three and thirteen of this article

~~(ii)~~ Effective July 1, 2023, Pierpont Community and Technical College is a fully integrated division of Fairmont State University. ~~may~~ continue associate degree programs in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of Fairmont State University. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and Fairmont State University related to program delivery under the terms of this section in effect on July 1, 2008, shall continue in effect until July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college

~~(iii)~~ (B) Dual credit course delivery agreements. —

~~(I)~~(i) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between Fairmont State University and Pierpont Community and Technical College relating to delivery of dual credit courses as defined in ~~section two, article one of this chapter~~ §18B-1-2 of this code;

~~(III)~~(iii) Subject to an agreement between the baccalaureate institution and the community and technical college, ~~the~~ latter may deliver early entrance and dual credit courses as defined in ~~section two, article one of this chapter~~ §18B-1-2 of this code to students in high schools. ~~which are not served by the baccalaureate institution.~~

~~(G)~~(7) Southern West Virginia Community and Technical College. — Southern West Virginia Community and Technical College is an independently-accredited~~, free-standing~~ state institution of higher education. The president and the governing board of Southern West Virginia Community and Technical College are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(H)~~(8) West Virginia Northern Community and Technical College. — West Virginia Northern Community and Technical College is an independently-accredited~~, free-standing~~ state institution of higher education. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(I) Kanawha Valley Community and Technical College. --~~

(i) Kanawha Valley State Community and Technical College is an independently accredited state institution of higher education which may maintain an association with West Virginia State University subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.

(ii) West Virginia State University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and West Virginia State University. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and West Virginia State University related to program delivery under the terms of this section in effect on July 1, 2008, shall continue in effect until July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.

~~(iii) Dual credit course delivery agreements. --~~

(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between West Virginia State University and Kanawha Valley Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;

~~(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and~~

(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution

~~(J)~~(9) West Virginia University at Parkersburg. —

~~(i)~~(A) West Virginia University at Parkersburg is an independently accredited state institution of higher education which may maintain an association with West Virginia University subject to the provisions of ~~section twelve of this article~~ §18B-3C-12 of this code. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to ~~section three of this article~~ §18B-3C-3 of this code.

~~(ii)~~(B) Any contract between the community and technical college and West Virginia University related to program delivery under the authority of the council or related to delivery of baccalaureate programs in effect on July 1, 2008 shall continue in effect unless amended or revoked by mutual agreement of the contract parties with approval by the council.

~~(iii)~~(C) In recognition of the unique and essential part West Virginia University at Parkersburg plays in providing education services in its region, the community and technical college may continue delivering baccalaureate degree programs offered at the institution on the effective date of this section, may implement additional baccalaureate programs with the approval of the commission, and is strongly encouraged:

~~(I)~~(i) To continue ~~and~~ to expand its role as a higher education center pursuant to subsection (c) of this section; and

~~(II)~~(ii) To broker from West Virginia University and other higher education institutions, as appropriate, additional baccalaureate level degree programs the community and technical college determines are needed in its service region. ~~and~~

~~(III)~~ (D) Any baccalaureate degree programs offered at the community and technical college shall be delivered under the authority of the commission. The program shall be evaluated according to the benchmarks and indicators for baccalaureate education developed by the commission.

§18B-3C-13. Legislative intent; Pierpont Community and Technical College ~~established as independent state institution of higher education~~ re-established as a division of Fairmont State University; governing board; institutional organization, structure, and accreditation ~~status~~.

(a) The intent of the Legislature in enacting this section is to provide for the most effective education delivery system for community and technical education programs to the entire region to be served by Pierpont Community and Technical College and to focus the institutional mission on achieving state goals, objectives, priorities, and essential conditions as established in articles one, one-d, and three-c of this chapter Effective July 1, 2023, Pierpont Community and Technical College is a fully integrated division of Fairmont State University. The fully integrated division is named the Pierpont College of Community and Technical Education. Any reference in this code to Pierpont Community and Technical College as an independent community and technical college after June 30, 2023, means the Pierpont College of Community and Technical Education of Fairmont State University. All administrative and academic units are consolidated with responsibility for direction and support assigned to Fairmont State University and the Fairmont State University board of governors.

(b) Pierpont Community and Technical College is established as an independent state institution of higher education. Any reference in this code to Fairmont State Community and Technical College or to Pierpont Community and Technical College, a division of Fairmont State University, means the independent state institution of higher education known as Pierpont Community and Technical College.

(c) Effective July 1, 2008, the board of advisors for Pierpont Community and Technical College is the governing board for that institution subject to the provisions of article two-a of this chapter. The administrative head of Pierpont Community and Technical College on June 30, 2008, is the president of the independent community and technical college subject to the provisions of section five of this article

(b) Effective July 1, 2023, the administrative head of the Pierpont College of Community and Technical Education of Fairmont State University shall be a dean who shall be appointed by the president of Fairmont State University. The dean shall not be required to have a terminal degree, but shall possess, at a minimum, the following qualifications:

(1) Five years of experience in community and technical college education;

(2) Three years of experience in workforce development; and

(3) Three years of administrative experience.

(d) In the delivery of community and technical college education and programs, Pierpont Community and Technical College shall adhere to all provisions set forth in this code and rules promulgated by the council for the delivery of education and programs, including, but not limited to, council review and approval of academic programs, institutional compacts, master plans and tuition and fee rates, including capital fees

(c) In the delivery of community and technical college education and programs, Fairmont State University shall adhere to all provisions set forth in this code and rules promulgated by the council. Fairmont State University shall deliver community and technical college education through the Pierpont College of Community and Technical Education and shall support the overall mission of providing workforce and technical training to the entire region served by the unified institution, including the support necessary to fulfill the region’s needs for a skilled workforce in aviation maintenance technology. Fairmont State University shall not discontinue the aviation maintenance technology program until three years after providing notice to the Higher Education Policy Commission and the Legislative Oversight Commission on Education Accountability of its intent to discontinue the program.

(e) Pierpont Community and Technical College shall pursue independent accreditation status and the board of Governors of the community and technical college shall provide through contractual arrangement for the administration and operation of Pierpont Community and Technical College by Fairmont State University while the community and technical college seeks appropriate independent accreditation. The contractual arrangement may not be implemented until approved by the council and shall include provisions to ensure that the programs offered at Pierpont Community and Technical College are accredited while independent accreditation is being sought. Fairmont State University shall continue to provide services to the community and technical college which the community and technical college or the council considers necessary or expedient in carrying out its mission under the terms of an agreement between the two institutions pursuant to the provisions of section twelve of this article

(d) The Fairmont State University Pierpont College of Community and Technical Education shall not maintain independent regional or national accreditation status but may maintain program-specific accreditation. Fairmont State University shall ensure that the programs offered by the Pierpont College of Community and Technical Education are accredited as appropriate pursuant to the provisions of this section and in accordance with the rules of the council.

(e) Notwithstanding any other provision of this section to the contrary, it is the intent of the Legislature that the reunification provisions contained in this section shall begin on July 1, 2022, and be fully implemented in a manner that is in accordance with the policies and procedures of the Higher Learning Commission no later than June 30, 2023. The Board of Governors of Fairmont State University is hereby authorized to begin the change of control, structure, or organization process with the Higher Learning Commission on or after July 1, 2022. Fairmont State University shall seek one unified accreditation from the Higher Learning Commission and shall seek authority and approval to transfer accreditation for individual programs from Pierpont Community and Technical College to Fairmont State University pursuant to the provisions of this subdivision.

(f) The council has the authority and the duty to take all steps necessary to assure that the institution acquires independent accreditation status as quickly as possible. If the community and technical college fails to achieve independent accreditation by July 1, 2011, the council shall sever any contractual agreement between Pierpont Community and Technical College and Fairmont State University and assign the responsibility for achieving independent accreditation to another state institution of higher education

(f) The chair of the Board of Governors of Fairmont State University shall, no later than June 30, 2024, name an advisory board of Pierpont College of Community and Technical Education of no less than five and no more than nine members who shall provide guidance to the Board of Governors in fulfilling the mission of the division. The chair of the advisory board shall be elected annually from among its members and shall serve as an ex-officio, voting member of the Board of Governors of Fairmont State University.

(g) As part of the reunification of Pierpont Community and Technical College as a fully integrated division of Fairmont State University, effective July 1, 2023:

(1) The operating budget of Pierpont Community and Technical College is integrated under the authority and jurisdiction of the Board of Governors of Fairmont State University: Provided, That moneys appropriated by the Legislature to Pierpont Community and Technical College exclusively for community and technical education shall be used for that purpose in the Pierpont College of Community and Technical Education of Fairmont State University;

(2) All financial assets and liabilities, including fund balances, of Pierpont Community and Technical College are transferred to the Board of Governors of Fairmont State University;

(3) All revenue and refunding revenue bonds, the debt service thereon, and the other obligations under the resolutions adopted and any trust agreements entered in connection therewith, and any other capital debt service payments formerly the responsibility of Pierpont Community and Technical College continue in existence and are the responsibility of the Board of Governors of Fairmont State University;

(4) The titles to all real property, facilities, and equipment of, as well as each valid agreement and obligation undertaken by Pierpont Community and Technical College are transferred to the Board of Governors of Fairmont State University, which shall exercise general determination, control, supervision, and management of the financial, business, and education policies and affairs of the Pierpont College of Community and Technical Education as a fully integrated division of Fairmont State University, subject to the provisions of §18B-3C-14 of this code which establishes the advance technology centers to deliver state-of-the-art technical education and training;

(5) The title to all property leased, purchased, or renovated for the use of Pierpont Community and Technical College is vested in the Board of Governors of Fairmont State University;

(6) The faculty, classified employees, and nonclassified employees of Pierpont Community and Technical College become the faculty, classified employees, and nonclassified employees of Fairmont State University;

(7) Fairmont State University shall develop an articulation agreement of course credit transfer of two-year academic programs to four-year academic programs. Fairmont State University shall submit a comprehensive articulation agreement for approval to the Higher Education Policy Commission no later than July 1, 2023.

(8) Fairmont State University shall continue participation in the Advanced Career Education programs and the West Virginia Invests Grant Program by meeting all of the requirements set forth in §18-2E-11 et seq. and §18C-9-1 et seq. of this code.

(9) Notwithstanding any provision of this code to the contrary, including Fairmont State University’s administrative exemption status pursuant to §18B-1-1f of this code, Pierpont College of Community and Technical Education shall remain under the jurisdiction of the council.

(10) Fairmont State University shall submit a report to the Council for Community and Technical College Education and the Legislative Oversight Commission on Education Accountability no later than June 30, 2024, concerning the effectiveness and implementation of the provisions of this section.

(h) Except as otherwise provided in this section, the provisions of this section enacted during the 2022 regular session shall take effect upon passage.

(i) For the 2023 fiscal year only, the Legislature shall continue to appropriate money directly to Pierpont Community and Technical College in the same manner as it would appropriate money to any other independent community and technical college.

ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.