WEST virginia legislature
2019 regular session
Senate Bill 25
By Senators Trump, Boso, Cline, and Swope
January 9, 2019; Referred
to the Committee on Education]
A BILL to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-3C-9 of said code, all relating to authorizing a governing board of a state institution of higher education to eliminate tenure for faculty at the institution under its jurisdiction; and removing prior exemptions.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and duties:
(a) Determine, control, supervise and manage the financial, business and education policies and affairs of the state institution of higher education under its jurisdiction;
(b) Develop a master plan for the institution under its jurisdiction.
(1) The ultimate responsibility for developing and updating each master plan at the institution resides with the governing board, but the ultimate responsibility for approving the final version of each master plan, including periodic updates, resides with the commission or council, as appropriate: Provided, That commission approval is not required for master plans of exempted schools.
(2) Each master plan shall include, but is not limited to, the following:
(A) A detailed demonstration of how the master plan will be used to meet the goals, objectives and priorities of the compact;
(B) A well-developed set of goals, objectives and priorities outlining missions, degree offerings, resource requirements, physical plant needs, personnel needs, enrollment levels and other planning determinates and projections necessary in a plan to assure that the needs of the institution’s area of responsibility for a quality system of higher education are addressed;
(C) Documentation showing how the governing board involved the commission or council, as appropriate, constituency groups, clientele of the institution and the general public in the development of all segments of the master plan.
(3) The plan shall be established for periods of not fewer than three nor more than five years and shall be revised periodically as necessary, including adding or deleting programs. The commission may review and comment upon the master plan of an exempted school. The commission may review, but may not approve or disapprove, additions or deletions of degree programs, except as expressly provided for in §18B-1B-4(a)(39) of this code.
(4) For the exempted schools, the master plan shall be
updated at least bi-annually and include the steps taken to meet the
legislatively established policies contained in §18B-1D-1 et seq. of
this code and reports on each of the data elements identified in
one-d of this chapter that article, including progress that the
exempted schools are making relating to retention and graduation rates for
resident students by organization and each college within the organization.
The exempted schools shall provide copies of their respective master plan to
the Legislative Oversight Commission on Education Accountability and the
(c) Develop a 10-year campus development plan in accordance with §18B-19-1 et seq. of this code;
(d) Prescribe for the institution, under its jurisdiction, in accordance with its master plan and compact, specific functions and responsibilities to achieve the goals, objectives and priorities established in §18B-1-1 et seq., and §18B-1D-1 et seq. of this code to meet the higher education needs of its area of responsibility and to avoid unnecessary duplication;
(e) Direct the preparation of an appropriation request for the institution under its jurisdiction, which relates directly to missions, goals and projections found in the master plan and the compact;
(f) Consider, revise and submit for review and approval to the commission or council, as appropriate, an appropriation request on behalf of the institution under its jurisdiction, including the exempted schools;
(g) Review, at least every five years, all academic programs offered at the institution under its jurisdiction. The review shall address the viability, adequacy, and necessity of the programs in relation to established state goals, objectives and priorities, the master plan, the compact and the education and workforce needs of its responsibility district. As a part of the review, each governing board shall require the institution under its jurisdiction to conduct periodic studies of its graduates and their employers to determine placement patterns and the effectiveness of the education experience. Where appropriate, these studies should coincide with the studies required of many academic disciplines by their accrediting bodies;
(h) Ensure that the sequence and availability of academic programs and courses offered by the institution under its jurisdiction is such that students have the maximum opportunity to complete programs in the time frame normally associated with program completion. Each governing board is responsible to see that the needs of nontraditional college-age students are appropriately addressed and, to the extent it is possible for the individual governing board to control, to assure core course work completed at the institution is transferable to any other state institution of higher education for credit with the grade earned;
(i) Subject to §18B-1B-1 et seq. of this code, approve the teacher education programs offered in the institution under its control. In order to permit graduates of teacher education programs to receive a degree from a nationally accredited program and in order to prevent expensive duplication of program accreditation, the commission may select and use one nationally recognized teacher education program accreditation standard as the appropriate standard for program evaluation;
(j) Involve faculty, students, and classified employees in institution-level planning and decision making when those groups are affected;
(k) Subject to federal law and pursuant to §18B-7-1 et seq., §18B-8-1 et seq., §18B-9-1 et seq., and §18B-9A-1 et seq. of this code and to rules adopted by the commission and the council, administer a system for the management of personnel matters, including, but not limited to, discipline for employees at the institution under its jurisdiction: Provided, That any rules adopted by the commission and the council do not apply to exempted schools: Provided, however, That a governing board is authorized, notwithstanding any state statute or rule to the contrary, to eliminate faculty tenure and any system of tenure previously established for the institution under its jurisdiction;
(l) Administer a system for hearing employee grievances and appeals. Notwithstanding any other provision of this code to the contrary, the procedure established in §6C-2-1 et seq. of this code is the exclusive mechanism for hearing prospective employee grievances and appeals;
(m) Solicit and use or expend voluntary support, including financial contributions and support services, for the institution under its jurisdiction;
(n) Appoint a president for the institution under its jurisdiction, subject to §18B-1B-6 of this code;
(o) Conduct written performance evaluations of the president, §18B-1B-6 of this code;
(p) Employ all faculty and staff at the institution under its jurisdiction. The employees operate under the supervision of the president, but are employees of the governing board;
(q) Submit to the commission or council, as appropriate, any data or reports requested by the commission or council within the time frame set by the commission or council;
(r) Enter into contracts or consortium agreements with the public schools, private schools or private industry to provide technical, vocational, college preparatory, remedial and customized training courses at locations either on campuses of the state institutions of higher education or at off-campus locations in the institution’s responsibility district. To accomplish this goal, the boards may share resources among the various groups in the community;
(s) Provide and transfer funds and property to certain corporations pursuant to §18B-12-10 of this code;
(t) Delegate, with prescribed standards and limitations, the part of its power and control over the business affairs of the institution to the president in any case where it considers the delegation necessary and prudent in order to enable the institution to function in a proper and expeditious manner and to meet the requirements of its master plan and compact. If a governing board elects to delegate any of its power and control under this subsection, it shall enter the delegation in the minutes of the meeting when the decision was made and shall notify the commission or council, as appropriate. Any delegation of power and control may be rescinded by the appropriate governing board, the commission or council, as appropriate, at any time, in whole or in part, except that the commission may not revoke delegations of authority made by the governing board of the exempted schools.
(u) Unless changed by the commission or the council, as appropriate, continue to abide by existing rules setting forth standards for accepting advanced placement credit for the institution under its jurisdiction. Individual departments at a state institution of higher education, with approval of the faculty senate, may require higher scores on the advanced placement test than scores designated by the governing board when the credit is to be used toward meeting a requirement of the core curriculum for a major in that department;
(v) Consult, cooperate and coordinate with the State Treasurer and the State Auditor to update as necessary and maintain an efficient and cost-effective system for the financial management and expenditure of appropriated and nonappropriated revenue at the institution under its jurisdiction. The system shall ensure that properly submitted requests for payment are paid on or before the due date but, in any event, within 15 days of receipt in the State Auditor’s Office;
(w) In consultation with the appropriate chancellor and the Secretary of the Department of Administration, develop, update as necessary and maintain a plan to administer a consistent method of conducting personnel transactions, including, but not limited to, hiring, dismissal, promotions, changes in salary or compensation and transfers at the institution under its jurisdiction. Each personnel transaction shall be accompanied by the appropriate standardized system or forms, as appropriate, which shall be submitted to the respective governing board and the Department of Administration:
(1) Not later than July 1, 2012, the Department of Administration shall make available to each governing board the option of using a standardized electronic system for these personnel transactions.
(2) The Secretary of the Department of Administration may suspend a governing board’s participation in the standardized electronic system if he or she certifies to the Governor that the governing board has failed repeatedly and substantially to comply with the department’s policies for administering the electronic system;
(x) Notwithstanding any other provision of this code to the contrary, transfer funds from any account specifically appropriated for its use to any corresponding line item in a general revenue account at any agency or institution under its jurisdiction as long as the transferred funds are used for the purposes appropriated;
(y) Transfer funds from appropriated special revenue accounts for capital improvements under its jurisdiction to special revenue accounts at agencies or institutions under its jurisdiction as long as the transferred funds are used for the purposes appropriated in accordance with §18B-19-1 et seq. of this code;
(z) Notwithstanding any other provision of this code to the contrary, acquire legal services that are necessary, including representation of the governing board, its institution, employees, and officers before any court or administrative body. The counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the governing board may, but is not required to, call upon the Attorney General for legal assistance and representation as provided by law; and
(aa) Contract and pay for disability insurance for a class or classes of employees at a state institution of higher education under its jurisdiction.
(bb) A governing board under the jurisdiction of the commission may contract and pay for any supplemental employee benefit, at the governing board’s discretion: Provided, That if such supplemental benefit program incurs institutional expense, then the board may not delegate the approval of such supplemental employee benefit program.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-9. Increasing flexibility for community and technical colleges.
(a) Notwithstanding any rules or procedures of the governing boards to the contrary, the community and technical colleges have the authority and the duty to:
(1) Incorporate the most effective and efficient use of technology in accessing and delivering courses and programs in order to make the best use of available resources and to control costs;
(2) Incorporate a model to offer occupational program curricula in smaller modules to accommodate specific student and employer needs and to gain sufficient flexibility in formatting courses;
(3) Serve as a facilitator for education programs from outside delivery sources to meet the needs of the residents and employers of the district; and
(4) Employ faculty in the most effective manner to serve the core mission of the community and technical college.
(A) To that end, the freestanding community and technical
colleges may employ faculty for an indefinite period without a grant of tenure
and shall work toward a staffing goal of no more than 20 percent of the faculty
holding tenure or being tenure track employees.
Tenured faculty employed by
the freestanding community and technical colleges before July 1, 1999, are not
affected by this provision
(B) All community and technical colleges, other than those
set forth in §18B-3C-9(a)(4)(A) of this code, may employ faculty for an
indefinite period without a grant of tenure. The immediate goal is to use this
provision as a tool to assist the community and technical colleges in meeting
the essential conditions provided for in §18B-3C-3 of this code and in gaining
independent accreditation status. The ultimate goal is to provide the
flexibility community and technical colleges need to meet the needs of the
state by working toward having no more than 20 percent of the core faculty
holding tenure or being tenure track employees.
Tenured faculty employed by
community and technical colleges other than freestanding community and
technical colleges on June 30, 2000, may not be affected by this provision.
Tenure may not be denied to a faculty member solely as a result of change in
employing institution necessitated by the change to independently accredited
community and technical colleges
(b) The governing boards shall adopt a model of program approval for the community and technical colleges that permits occupational programs to be customized to meet needs without requiring approval by any governing board or other agency of government. The model shall incorporate a post-audit review of such programs on a three-year cycle to determine the effectiveness of the programs in meeting district needs.
(c) The council shall promulgate rules to implement the provisions of this section and shall file these rules for review and approval with the chancellor no later than December 1, 2004.
NOTE: The purpose of this bill is to authorize the governing board of a state higher education institution to eliminate tenure at that institution.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.