§18B-14-1. Select committee on outcomes-based funding models in higher education.

(a) The Legislature makes the following findings regarding public higher education:

(1) It is in the best interest of the citizens to have an effective and comprehensive system for the delivery of public higher education services. In order to achieve desired goals of economic growth and societal well being, it is critical that more citizens have some level of education beyond high school.

(2) In Senate Bill 595 (Vision 2020), enacted in 2008 regular session, state policymakers established detailed goals and objectives that state institutions are expected to work toward achieving by the year 2020. Vision 2020 also provides mechanisms for measuring success and for holding the state systems of higher education accountable. It establishes clear-cut connections between the budget cycle, the goals and objectives and both positive and negative consequences.

(3) A variety of policy tools are available to influence and direct public higher education behavior, including organizing institutions into functional systems, creating governance structures and mechanisms designed to ensure that these systems and individual institutions focus on the public policy agenda and establishing outcomes-based goals, accountability measures and regulatory devices.

(4) While these policy tools are useful, they are not sufficient to influence institutions, students and employers to behave in ways consistent with achieving the goals and objectives of Vision 2020 the public policy agenda. Resources appropriated to public higher education are used most effectively and efficiently when the attention of state colleges and universities is focused on meeting established priorities. This focus is developed and sustained only when the state financing policy contains a direct connection between the Legislature's power to appropriate money and desired institutional outcomes. Unlike rules which can be bent; law can be creatively interpreted; accountability requirements which can lose their effectiveness as they are filtered through layers of bureaucracy; and responsibility for implementation which is divided among agencies and, ultimately, is totally dependent upon institutional discretion, a financing policy that ties the flow of funds directly to progress on achieving established state goals and objectives commands immediate attention.

(b) It is the constitutional responsibility of the Legislature to determine how to make the best use of available resources to meet state needs and established goals; therefore, the Joint Committee on Government and Finance shall create a select committee for the two-fold purpose of making a specific and detailed analysis of outcomes-based funding models used in higher education and providing recommendations to the Legislature on incorporating one or more of these models as an effective piece of the state's financing policy.

(c) The select committee consists of the following members:

(1) The President of the Senate or designee;

(2) The Speaker of the House of Delegates or designee;

(3) The chairs of the Senate and House of Delegates Committees on Education, who shall cochair the committee;

(4) The vice chairs of the Senate and House of Delegates Committees on Education;

(5) The chairs of the Senate and House of Delegates Committees on Finance or their designees;

(6) The cochairs of the Joint Commission on Economic Development or their designees;

(7) Two members each from the Senate Committees on Finance and Education appointed by the President of the Senate; and

(8) Two members each from the House Committees on Finance and Education appointed by the Speaker of the House.

(d) The select committee shall develop a report with recommendations on implementing a state-level financing plan which includes, but is not limited to, the following items:

(1) A review of existing outcomes-based funding models for institutions and systems of higher education;

(2) Identification of the top three to five public policy objectives that are to be the focus of the financing policy;

(3) A review of outcomes-based funding models implemented in other states, including an evaluation of the degree to which these policies have succeeded in influencing institutional and system behavior;

(4) Recommendations on methods to balance the inherent need of institutions for stability with the demands of the state for services as identified in Vision 2020 and the public policy agenda;

(5) Recommendations on methods to develop a workable balance between addressing the well-being of institutions and the success of students; and

(6) An analysis of the impact of different models on institutions with widely-differing missions, including recommendations on selecting and implementing the appropriate model for each type of institution specifically noting the impact of selected models on community and technical colleges, baccalaureate colleges and regional universities, and research universities.

(e) The committee shall commence its work before May 15, 2012, and shall deliver its report and recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance by December 1, 2012.

§18B-14-2. Transfer of credit for courses completed.

(a) The Legislature finds that:

(1) The state has an increasing need for individuals with a post-secondary credential or degree;

(2) Post-secondary education institutions offering programs primarily below the baccalaureate level often are a more affordable option for students; and

(3) Implementing a seamless education system with uniform transfer of credits among post-secondary institutions in the state would greatly benefit students.

(b) The commission and council jointly shall develop recommendations for implementing course credit transfer among private and public higher education institutions in the state. When developing policy regarding transfer affecting private institutions, the commission and council shall consult with at least two representatives from the private higher education institutions. The commission and council shall report the recommendations on public higher education institutions to the Legislative Oversight Commission on Education Accountability by December 1, 2015. The commission and council shall report the recommendations on private higher education instututions to the Legislative Oversight Commission on Education Accountability by December 1, 2017. The recommendations shall address the following:

(1) Providing a uniform method for transferring credit between institutions for a course successfully completed by a student if:

(A) The course curriculum of the sending institution is at least seventy percent the same or similar to that of the receiving institution;

(B) The sending institution validates that the student successfully competed the course for which credit will be transferred; and

(C) The sending institution is accredited by a regional, national, programmatic or other accrediting body recognized by the U.S. Department of Education under the Higher Education Act of 1965, as amended;

(2) Establishing a uniform method for each institution to provide clear and specific details of course content for each course it offers in a manner that allows a sending institution to determine:

(A) Whether its course is at least seventy percent the same or similar to the receiving institution; and if not,

(B) What changes to its course curriculum is needed to achieve the seventy percent level;

(3) Providing to the student and sending institution clear and specific details regarding:

(A) Reasons that a receiving institution denies course credit transfer; and

(B) Additional information or actions, if any, necessary to permit the transfer; and

(4) Allowing a student to resubmit a course credit transfer request following denial.

§18B-14-3. College credit authorized for learning English as second language.

State Institutions of higher education are authorized to offer college credit hours for English learned as a second language and may accept English learned as a second language to satisfy an institution’s foreign language requirement. To obtain college credit the student must be enrolled in the institution granting credit and be certified as having reached a satisfactory score on the test of English as a foreign language.

The Higher Education Policy Commission and the Council for Community and Technical College Education shall jointly propose rules to set and identify scores required on the test of English as a foreign language for course credit being offered.

§18B-14-4. Dual enrollment pilot program established; definitions; funding; annual reporting.

(a) Definitions. – As used in this section, unless used in a context that clearly requires a different meaning, the term:

"Dual credit course" means a credit-bearing college-level course offered by an eligible institution to secondary school students in which the students receive credit at both the secondary and post-secondary levels.

"Dual enrollment" means the registration of an eligible secondary student in a post-secondary course creditable toward high school completion and a career technical certificate, associate degree, or baccalaureate degree. A student who is enrolled in post-secondary instruction that is not creditable toward a high school diploma may not be classified as a dual enrollment student.

"Eligible course" means any class or program of instruction offered at an eligible institution for which the student receives credit toward both high school completion and a post-secondary certificate or degree. Applied academics for adult education instruction, developmental education, physical education courses, and recreation and leisure studies courses are not eligible courses for dual enrollment purposes.

"Eligible institution" means a state institution of higher education as that term is defined in §18B-1-2 of this code.

"Eligible student" means any secondary school student, including a homeschool, charter school, microschool, learning pod, or private school student, who meets minimum criteria established by the state school board and the commission or the council, as appropriate, for the purpose of enrolling in a dual credit course.

(b) Dual enrollment pilot program established. – In conjunction with the state board and under the supervision of the commission and the council, the chancellor and the state superintendent shall establish a four-year pilot program whereby eligible institutions shall offer dual enrollment courses that will comprise individualized pathways for career and post-secondary educational opportunities for the state’s secondary school students. These students shall be enrolled in eligible courses leading to careers in certain designated career pathways, namely direct care health professions; information technology; science, technology, engineering, and math (STEM) fields; education; advanced manufacturing; welding and fabrication; construction; agriculture; and any other program that meets a workforce need in the state as determined by the Department of Commerce.

(c) Funding. – From appropriations to the commission and the council for the purposes of implementing and administering the dual enrollment pilot program established in this section, the commission or the council, as appropriate, shall pay directly to the eligible institutions from such appropriations the cost of the tuition and academic fees incurred by eligible students taking dual credit courses in accordance with the dual enrollment pilot program established in this section.

(d) Rulemaking. – In consultation with the state board, the commission and council may propose legislative and emergency rules pursuant to §29A-3A-1 et seq. of this code to implement the provisions of this section.

(e) Annual reports. – By December 1, 2024, and annually thereafter for the duration of the pilot program, the chancellor shall report to the Legislative Oversight Commission on Education Accountability on:

(1) The number of students participating in the program;

(2) The number and type of credits and certifications or credentials earned by students who have participated in the program;

(3) The dollar amount expended associated with this program;

(4) Projected growth in the program and funding needs for the next year;

(5) The job status of students who have participated in the program;

(6) Any issues with the program reported by students, parents, secondary schools, and institutions of higher education; how these issues are being addressed; and whether the issues require legislative action; and

(7) A recommendation from the chancellor and the state superintendent on whether the program should continue beyond its four-year pilot period.

§18B-14-5.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-5a.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-6.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-7.

Repealed.

Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-8.

Repealed.

Acts, 2008 Reg. Sess., Ch. 87.

§18B-14-9. Legislative findings; establishment of study committee; membership; recommendations on higher education facilities.

(a) The Legislature finds that it is in the best interest of the state to have an effective and comprehensive system for the delivery of public higher education programs. West Virginia is one of the very few states in the nation which does not address higher education capital project and facilities maintenance needs through a statewide plan. State institutions of higher education vary widely in their ability to incur debt for capital projects and the conditions of their facilities infrastructure. Some institutions have incurred substantial amounts of debt to address capital needs, while other institutions have not.

The Legislature further finds that average tuition and fees for current and former administratively linked community and technical colleges rank well above the national average primarily because of the capital fees that students at those institutions have to pay. The large amount of capital fees that students must pay at the institution level contributes significantly to the poor grade the state receives each year in the category of "Affordability" on "Measuring Up: The National Report Card on Higher Education". Net college costs for state students who come from families in the lowest forty percent of the population in terms of income to attend community and technical colleges and four-year colleges and universities in West Virginia represent about forty-five percent of their family's annual income and there are few low-cost college opportunities.

The Legislature further finds that the high cost of capital fees contributes directly to the amount of debt incurred by students during their college years. The debt load, in turn, severely limits students' career choices and often dictates their place of residence after graduation.

(b) It is the responsibility of the Legislature to determine how to make the best use of available resources and how best to address the problems outlined in subsection (a) of this section. Therefore, the Joint Committee on Government and Finance shall create a committee for the purposes of making a specific and detailed analysis of higher education capital project and facilities maintenance needs and providing recommendations to the Legislature.

(c) The committee consists of the following members:

(1) The President of the Senate or designee;

(2) The Speaker of the House of Delegates or designee;

(3) The chairs of the Senate and House of Delegates Committees on Education, who shall cochair the committee;

(4) The vice chairs of the Senate and House of Delegates Committees on Education;

(5) The chairs of the Senate and House of Delegates Committees on Finance or their designees;

(6) The cochairs of the Joint Commission on Economic Development or their designees;

(7) Two members each from the Senate Committees on Finance and Education appointed by the President of the Senate; and

(8) Two members each from the House Committees on Finance and Education appointed by the Speaker of the House.

(d) The committee shall develop and recommend a state-level facilities plan which includes, but is not limited to, the following:

(1) A review of capital project and facilities maintenance needs of all state institutions of higher education and recommendations for addressing those needs;

(2) Recommendations concerning the appropriate capital debt load that reasonably should be maintained by the commission, council and state institutions of higher education;

(3) Recommendations for a funding mechanism to reduce the obligation of students and parents to bear the cost of higher education capital projects and facilities maintenance;

(4) Recommendations for maximizing changes in bonding capacity that will occur in 2012;

(5) Development of a uniform definition of deferred maintenance;

(6) Recommendations for an appropriate mechanism to target a percentage of state capital contributions to address deferred maintenance needs; and

(7) Recommendations for a transparent methodology to set priorities for funding capital projects.

(e) The committee shall commence its work on or before May 15, 2008, and shall deliver its recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance by December 1, 2008.

§18B-14-10. Credit card solicitation on college campuses; regulation of credit card marketing.

(a) Definitions. -– For the purposes of this section, the following terms have the following meanings:

(1) "College campus" includes the premises and grounds of an institution of higher education;

(2) "Credit card debt education brochure" means the information developed by a college or university, by a registered nonprofit corporation or by other sources as identified and approved by the institution of higher education, that details the appropriate use, benefits and risks of incurring debt through the use of credit cards;

(3) "Credit card marketer" includes a person, corporation, financial institution or business entity that promotes, offers or accepts applications for a credit card;

(4) "Institution of higher education" means any of the following:

(i) A community college or technical college as defined in subsection (e), section two, article one of this chapter; and

(ii) Bluefield state college, Concord college, Glenville state college, Fairmont state college, Marshall university, West Virginia northern community college, West Liberty state college, Potomac state college of West Virginia University, Shepherd college, West Virginia University institute of technology, southern West Virginia community 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; and

(5) "Student" means a person who is at least eighteen years of age and who attends an institution of higher education whether on a full-time or part-time basis.

(b) The governing boards of each institution shall propose rules in accordance with the rule adopted by the Higher Education Policy Commission pursuant to the provisions of section six, article one of this chapter no later than July 1, 2003, to regulate the marketing practices used on campuses by credit card companies. In proposing these rules, the governing boards shall consider the following requirements:

(1) Registering on-campus credit card marketers;

(2) Limiting credit card marketers to specific institutional campus sites designated by the president or administrative head of the institution or his or her designee;

(3) Prohibiting credit card marketers from offering tangible gifts to students in exchange for completing a credit card application;

(4) Requiring that no application for the extension of debt through a credit card may be made available to a student unless the application is accompanied by a credit card debt education brochure;

(5) Whether or not to use or the appropriate use of student lists for the purpose of soliciting applications for credit cards; and

(6) Developing a credit card debt education presentation to be incorporated into orientation programs offered to new students.

(c) Unless a student's parent or guardian has agreed in writing to be liable as a cosigner for credit card debts of the student, no person may initiate a debt collection action against the parent or guardian regarding any credit card debt incurred by the student.

§18B-14-11.

Repealed.

Acts, 2015 Reg. Sess., Ch. 53.