Title 135 W. Va. C.S.R.

Community And Technical College Education Community And Technical College Education

Series 01 Strengthening Career and Technical Education for the 21st Century Act (Perkins V) Funding Formula for WV Council for Community and Technical College Education and WV State Board of Education

W. Va. Code R. § 135-1-1 General

1.1. Scope -- Procedural Rule for the division of Perkins V funds between the West Virginia State Board of Education and the West Virginia Council for Community and Technical College Education for any given fiscal year.

1.2. Authority -- W. Va. Code §18B-2B-6.

1.3. Filing Date -- June 7, 2021.

1.4. Effective Date -- July 7, 2021.

1.5. Repeals and Replaces Title 135, Series 1, dated August 15, 2020.

W. Va. Code R. § 135-1-2 Definitions

2.1. Council: West Virginia Council for Community and Technical College Education.

2.2. Board: West Virginia State Board of Education.

2.3. Strengthening Career and Technical Education for the 21st Century Act (Perkins V): Federal legislation creating funding for career and technical education and guidelines for expenditure of such funds.

2.4. Local educational agency (LEA): As defined in ESEA, a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district,

2.5. CTE Program of Study: coordinated, nonduplicative sequence of academic and technical content at the secondary and postsecondary level that— (A) incorporates challenging State academic standards; (B) addresses both academic and technical knowledge and skills, including employability skills; (C) is aligned with the needs of industries in the economy of the State, region, or local area; (D) progresses in specificity (beginning with all aspects of an industry or career cluster and leading to more occupation-specific instruction); (E) has multiple entry and exit points that incorporate credentialing; and (F) culminates in the attainment of a recognized postsecondary credential. A CTE program of study must demonstrate a complete career pathway into post-secondary or workforce as determined within the Consortia Planning District.

2.6. Consortia Planning District: As defined in West Virginia Code §18B-3C-4 Community and Technical College CTE Consortia Planning Districts.

2.7. Academic Year: Academic year, for the purposes of the Perkins grant, July 1 of one year to June 30 of the following year.

2.8. Local Formula Funds: 85 percent of the total state award is granted to community and technical colleges and LEA’s.

2.9. State Reserve Funds: From amounts made available in Local Formula Funds, up to 15% may be set aside for the Council and Board to any Community and Technical College and LEA partners from the Community and Technical College CTE consortia planning districts (WV §18B-3C-4) to award grants in rural areas; in order to (A) foster innovation through the identification and promotion of promising and proven career and technical education programs, practices, and strategies, which may include programs, practices, and strategies that prepare individuals for nontraditional fields; or (B) promote the development, implementation, and adoption of programs of study or career pathways aligned with State-identified high-skill, high-wage, or in-demand occupations or industries.

2.10. State Leadership Funds: 10% to carry out State leadership activities including:

(A) an amount equal to not more than 2 percent of the amount allotted to the State under section 111 for the fiscal year shall be made available to serve individuals in State institutions, such as State correctional institutions, juvenile justice facilities, and educational institutions that serve individuals with disabilities;

(B) not less than $60,000 and not more than $150,000 shall be available for services that prepare individuals for non-traditional fields; and (C) an amount shall be made available for the recruitment of special populations to enroll in career and technical education programs an amount equal to 1 percent of the total grant award.

2.11. State Administration Funds: 5% for administration of the State plan, which may be used for the costs of:

(A) developing the State plan;

(B) reviewing local applications;

(C) monitoring and evaluating program effectiveness;

(D) assuring compliance with all applicable Federal laws;

(E) providing technical assistance; and (F) supporting and developing State data systems relevant to Perkins.

2.12. CTE Concentrator: at the secondary school level, a student served by an eligible recipient who has completed at least 2 courses in a single career and technical education program or program of study; and at the postsecondary level, a student enrolled in an eligible recipient who has— (i) earned at least 12 credits within a career and technical education program or program of study; or (ii) completed such a program if the program encompasses fewer than 12 credits or the equivalent in total.

2.13. CTE Participant: an individual who completes not less than one course in a career and technical education program or program of study of an eligible recipient.

2.14. West Virginia P-20W Statewide Longitudinal Data System (P-20W SLDS or P20): The information from this system is used for required annual postsecondary Perkins reporting. The P-20W SLDS is a collaboration between the West Virginia Department of Education, the West Virginia Higher Education Policy Commission, the West Virginia Community and Technical College System, and Workforce West Virginia. Data from all agencies are securely matched and combined into one system. FY 21 WVDE uses WVEIS reporting but by FY22 WVDE will transition needed WVEIS indicators to the P-20W SLDS for Perkins reporting too.

2.15. Consolidated Annual Report (CAR): Perkins requires States to submit all three required reporting components of the grant in the CAR by December 31st of each year: Narrative performance report pursuant to 2 CFR 200.328 and 34 CFR 76.720; Financial reports pursuant to 2 CFR 200.327 and 34 CFR 76.720; and Performance data reports pursuant to section 113(b)(3)(C) of Perkins V.

W. Va. Code R. § 135-1-3 Formula Elements

3.1. Fiscal Year: The enrollments used for the State formula and split of Perkins funds for secondary and postsecondary institutions (the secondary/postsecondary split) will be based on the total number of concentrators for each system as indicated in the prior year CAR report that is submitted by Council staff to the US Department of Education.

3.2. Postsecondary elements. A CTE concentrator is a student enrolled in an eligible recipient who has 1) earned at least 12 credits within a CTE program or program of study; or 2) completed such a program if the program encompasses fewer than 12 credits or the equivalent in total.

3.3. Secondary elements. A CTE concentrator is a student served by an eligible recipient who has completed at least two courses in a single career and technical education program or program or study.

W. Va. Code R. § 135-1-4 Formula Calculation

4.1. The Board and the Council collaborate for several activities and those funds will be taken out of Administration and Leadership funds as indicated below before the balance of funds are split based on the number of concentrators as reported in the CAR. After those shared funds are set aside, the Local Formula Funds, State Reserve, Leadership, and Administration funds will be split between the secondary and postsecondary systems based on the prior year enrollment as reported in the concentrators in the CAR.

4.1.1. Leadership - 10% to carry out State leadership activities. For the state leadership funds that are set aside for corrections, individuals with disabilities, non-traditional preparation, and recruitment of special populations the secondary and postsecondary state Perkins Directors will develop a joint strategy with impacted partners so that these leadership activities impact both the secondary and postsecondary systems. For the remaining balance of leadership funds, the state secondary/postsecondary split will be applied and each system will leverage their funds to address unique Perkins leadership needs in each system.

4.1.2. Administration - 5% for administration of the State plan. The state will have 2 shared positions: secondary CTE director (WVDE) and a postsecondary CTE director (CTCS). The salary and fringe for these positions will be drawn from the state administration fund pool. For the remaining balance of administration funds, the state secondary/postsecondary split will be applied, and each system will leverage their funds to address unique Perkins administration needs in each system.

W. Va. Code R. § 135-1-5 Revision of Formula

5.1. The Council is to review the secondary/postsecondary split formula every three fiscal years to determine if changes are needed.

5.2. The Council may change the formula as needed to reflect changes in Federal or State Law.

5.3. Any revisions must be approved by the State Board of Education.

Series 02 Performance-Based Funding Formula

W. Va. Code R. § 135-02 Performance-Based Funding Formula

TITLE 135

LEGISLATIVE RULE

COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION

SERIES 2

PERFORMANCE-BASED FUNDING FORMULA

General.

Scope. -- This rule governs development, implementation, and administration of the performance-based funding formula for community and technical colleges under the jurisdiction of the Council for Community and Technical College Education.

Authority. -- W. Va. Code §§ 18B-1B-4(a)(2).

Filing Date. -- March 16, 2023.

Effective Date. -- April 16, 2023.

Sunset Provision. -- This rule shall terminate and have no further force or effect on April 16, 2028.

Repeal and Replace. -- This legislative rule repeals and replaces Title 135CSR2 filed April 17, 2009 and effective April 20, 2009.

Purpose.

The purpose of this rule is to define the parameters governing the establishment and administration of a performance-based funding formula (funding formula or formula) to be used in the development of annual budget requests, beginning with the 2024 fiscal year budget cycle, for the nine public community and technical colleges under the jurisdiction of the Council.

Definitions.

“Academically Underprepared Student” means a West Virginia resident student enrolled in a community and technical college who has at least one of the following risk factors:

Cumulative high school grade point average below 2.50; or Admitted to the institution based on standardized test scores (ACT, SAT, or ACCUPLACER) that would qualify the student for developmental or remedial placement in mathematics or English based on placement criteria established by 135 C.S.R. 21, Freshman Assessment and Placement Standards.

“Academic/Technical Certificate Degrees Awarded” means the combined total number of students earning a certificate degree, as defined by 135 C.S.R. 11 § 3 (Degree Designation, General Education Requirements, New Program Approval, and Discontinuance of Existing Programs), during an academic year. Students earning multiple degrees within an academic year shall be counted as a single outcome for model calculations. In such cases, the outcome score will be calculated based on the degree that yields the institution the highest possible total score with all premium multipliers applied.

“Adults or Adult Students” means West Virginia Resident students with an approximate age of 25 and older, calculated by subtracting the individual’s year of birth from the submission year for those data used in the calculation of model outcomes.

“Associate and Bachelor’s Degrees Awarded” means the combined total number of students earning associate or bachelor’s degrees, as defined by 135 C.S.R. 11 § 3, during an academic year. Students earning multiple certificates, associate degrees and/or bachelor’s degrees within an academic year shall be counted as a single outcome for model calculations. In such cases, the outcome score will be calculated based on the degree that yields the institution the highest possible total score with all premium multipliers applied.

“Awards per 100 Full-Time Equivalent (FTE) Students” means the combined total number of unique students earning at least one certificate, associate, or bachelor’s degree within an academic year for every 100 full-time equivalent (FTE) degree-seeking students.

“Base Appropriation” means the amount of funding that a community and technical college receives through a state appropriation for its operations and for which there are no significant restrictions on expenditure.

“Chancellor” means the Chancellor for Community and Technical College Education, as that term is defined by W. Va. Code §§ 18B-2-1 and 18B-2B-2(d), or his or her designee.

“Classification of Instructional Programs (CIP) Code” means a numerical identifier assigned by the National Center for Education Statistics to an academic discipline to support tracking and reporting data at the field-of-study level.

“Community and Technical College,” in the singular or plural, means the State’s public community and technical colleges, as that term is defined by W. Va. Code § 18B-2-1.

“Council” means the Council for Community and Technical College Education as defined by W. Va. Code § 18B-2-1 and as created by W. Va. Code § 18B-2B-1, et seq.

“Focus Population” means West Virginia resident students identified as academically underprepared, adults, and/or low-income based on the criteria defined by this Rule.

“Full-Time Equivalent (FTE) Student” is an enrollment metric calculated by dividing the total number of credit hours generated by a degree-seeking student in credit-bearing classes during the summer, fall, and spring semesters of an academic year by 30.

“Higher Education Price Index (HEPI)” is an inflation index designed specifically to track the main cost drivers in higher education and to measure the change in the price of the goods and services purchased by colleges and universities as measured by the Commonfund Institute.

“Hold-Harmless Provision” means a safeguard in the funding formula designed to provide stability and predictability in the formula by preventing an institution’s outcomes-based funding allotment from decreasing by more than five percent (5%) from one academic year to the next.

“Low-Income Student” means a West Virginia resident student who, based on current and historical records, is identified as having received financial assistance through the Federal Pell Grant program for at least one semester at any State institution of higher education.

“Premium” is a mathematical weighting factor applied to certain formula calculations for West Virginia resident students identified as belonging to one or more focus populations or certificates or degrees awarded in fields identified as State Priority Fields.

“Progression Outcomes” means the number of full-time and part-time certificate-, associate degree- and/or bachelor’s degree-seeking students whose cumulative credits earned at the institution at the beginning of a semester are less than the established credit hour threshold benchmarks of 15, 30, or 45 student credit hours and whose cumulative credit hours earned at the end of the semester are equal to or greater than the credit hour threshold benchmarks during the academic year.

“Residual Funds” means funding that is not obligated through formula calculations as a result of a decline from one year to the next in the total number of outcomes across all institutions.

“Scaling Factor” is a mathematically derived value used in formula calculations for the purpose of adjusting outcome values across different metrics to values of comparable magnitude.

“State Priority Programs” means certificate, associate degree, or bachelor’s degree programs identified by the West Virginia Department of Commerce as being aligned with occupations in high or critical demand statewide, or within an institution’s service region as defined by W. Va. Code § 18B-3C-4.

“Transfers to a Four-Year Institution” means the number of certificate, associate, or bachelor’s degree-seeking students who transferred to any West Virginia public baccalaureate institution in an academic year and accumulated at least 15 student credit hours from the originating community and technical college. The student must have been enrolled at the originating community and technical college at any time one academic year or less prior to transferring (i.e., “continuously enrolled”). Students transferring to a baccalaureate institution in the fall after being enrolled at a community and technical college the previous spring, but not the previous summer, are included in this outcome.

“West Virginia Resident” or “Resident” means an individual enrolled at a community and technical college with an in-state tuition and fee status as defined by 135 C.S.R. 25, Residency Classification for Admission and Fee Purposes.

“Workforce Completions” means the number of individuals completing short-term training programs deemed eligible by the Chancellor, within a 12-month period as defined by the Chancellor, generally in programs of study below the one-year certificate level.

“Workforce Outcomes” means the total number of unduplicated graduates completing a certificate, associate, or bachelor’s degree within an academic year who two years after graduation were either enrolled in further higher education or were earning annual reported wages of at least two times the federal poverty level for a single household. Annual wages are based on quarterly earnings reported through the West Virginia Unemployment Compensation Wage Records.

“Workforce Training Contact Hours” means the cumulative total number of instructional hours completed by students enrolled in short-term training programs deemed eligible by the Chancellor, within a 12-month period as defined by the Chancellor, generally in programs of study below the one-year certificate level.

Formula Development, Implementation, and Administration.

The Chancellor shall develop, in consultation with the Funding Formula Advisory Committee, as defined in section 4.3 of this Rule, a funding formula for the community and technical colleges that will serve as a broad framework for efforts to improve student outcomes and institutional efficiency. The Council shall use the funding formula to determine the annual base budget request for each community and technical college, beginning with the fiscal year 2024 budgeting cycle. The formula shall, at a minimum:

Apply to thirty percent (30%) of each institution’s base appropriation, referred to herein as the Outcomes-Based Funding Pool;

Set aside seventy percent (70%) of each institution’s base appropriation, referred to herein as the Base Operating Budget, which shall be exempt from outcomes-based funding calculations;

Hold institutions accountable for increasing the educational attainment levels of West Virginia citizens by addressing the State’s economic development and workforce needs and promoting increased degree production, with a particular emphasis on degrees awarded in academic programs aligned with State Priority Fields;

Acknowledge the unique mission of each community and technical college;

Be based on a set of objective performance metrics that reflect and support the State’s higher education goals and priorities;

Incorporate safeguards to ensure stability of the funding formula, including, but not limited to:

A Hold Harmless Provision; and To the extent possible, employment of a three-year rolling average for all data metrics; and Apply an annual inflation adjustment, calculated utilizing the Higher Education Price Index, to each institution’s Base Operating Budget, Outcomes-Based Funding Pool, and the system-wide rate per weighted outcome.

Nothing in this rule shall be interpreted as prohibiting an institution from submitting requests for special appropriations to support capital projects or other projects or initiatives.

Funding Formula Advisory Committee The Chancellor shall appoint a Funding Formula Advisory Committee (Advisory Committee) whose membership shall be comprised of the president of each community and technical college or a president’s designee and additional members with relevant expertise as deemed appropriate and necessary by the Chancellor.

The Chancellor or his or her designee shall serve as the chair of the Advisory Committee.

The Advisory Committee shall meet at least annually at a time and place determined by the Chancellor.

The Advisory Committee shall review the funding formula components and identify needed revisions, additions, or deletions to the formula.

The Chancellor shall not be bound by the advice of the Advisory Committee.

Amendments or Revisions to the Funding Formula. – The Chancellor, in consultation with the Advisory Committee and upon approval by the Council, may revise the metrics comprising the funding formula outlined in Subsection 4.5 below as necessary based on changes in State priorities.

Funding Formula Elements.

Funding Formula calculations shall, at a minimum, be based on the following data metrics:

Progression outcomes.

Completion Outcomes.

One-year certificate completers;

Associate and bachelor’s degree completers;

Students transferring to a four-year institution;

Workforce training contact hours completed; and Students completing short-term workforce training programs.

Workforce Outcomes Graduates earning wages in West Virginia; and Graduates enrolled in continued postsecondary education.

Efficiency Outcomes, based on the number of students earning certificates and degrees per 100 full-time equivalent (FTE) students.

Other metrics as defined by the Chancellor, in consultation with the Council and the Advisory Committee.

Mission Weighting The Funding Formula shall incorporate mathematical factors to provide for differential weighting of data metrics based on institutional mission.

Mission weights shall be established in consultation with institutional leadership, within parameters established by the Chancellor, and must be approved by each institution’s board of governors. The boards of governors shall notify the Chancellor of such institutional mission weights by letter from the board’s chair or the chair’s designee.

Should a board of governors fail to adopt institutional mission weights and submit notification of the same to the Chancellor prior to the established deadline, the Chancellor shall determine that institution’s mission weights on the board’s behalf.

Mission weights shall be finalized at the beginning of each five-year funding cycle and may not be amended or adjusted prior to the end of the cycle; Provided, that the Chancellor may grant exceptions for good cause shown.

Data Collection Requirements Each institution is responsible for the timely submission to the Council of all data necessary for the administration of the funding formula.

On or before July 1 of each year, the Council shall publish and distribute a calendar specifying due dates for the submission of data elements required for the administration of the funding formula.

Should an institution fail to submit all necessary data prior to the deadline prescribed by the Council, the institution’s budget request shall be based on the recommended funding level from the most recent fiscal year in which all data were provided, with the Outcomes Based Funding Pool amount reduced by five percent (5%) and no adjustment for inflation applied.

Each institutional board of governors shall adopt a policy pursuant to W. Va. Code § 18B-1-6 establishing procedures and internal controls that ensure the integrity and validity of data submitted in support of the funding formula. The boards shall submit their initial policies to the Council no later than June 30, 2023 and any subsequent amendments thereto in accordance with statutory rulemaking procedures.

The Council may conduct periodic audits of institutional data submissions, institutional processes and procedures governing the collection and submission of data, any source data upon which submitted data files are based, and any other funding formula related data determined necessary by the Chancellor. The cost of such audits shall be borne by the Council.

State Priority Degree Fields The funding formula shall incentivize undergraduate certificate, associate degree, and bachelor’s degree production in certain fields identified by the West Virginia Department of Commerce as State Priority Programs.

As the State’s workforce needs are everchanging, the Department of Commerce may recommend designating a new State Priority Program at any point in the funding cycle.

Once identified as a State Priority Program, a program shall maintain the Priority designation for a period of at least five full academic years.

State Priority Programs shall be identified by the Classification of Instructional Programs (CIP) Code associated with the program of study in the Council’s official inventory of degree programs.

An institution may request to change the CIP Code of an existing program to a code on the State Priority Programs list but must provide sufficient documentation demonstrating that the coursework and content delivered through an approved program of study align with the proposed new CIP discipline.

For any new academic program assigned a CIP Code on the State Priority Programs list, the Chancellor may require an institution to submit documentation demonstrating that the coursework and content delivered through an approved program of study align with the proposed new CIP discipline.

The Chancellor may disqualify any new or existing academic program from being identified as a State Priority Program if it is determined that the coursework and content delivered through an approved program of study do not align sufficiently with the proposed new CIP discipline.

An institution may appeal any decision by the Chancellor to disqualify a State Priority Program. Such appeal shall be made in writing to the Council for consideration at the Council’s next regular meeting. Changes to the State Priority Program inventory resulting from an appeal shall have no retroactive effect on model calculations.

Formula Calculations The funding formula shall operate on a five-year cycle, beginning with fiscal year 2024 budgeting cycle.

Benchmarking In the first year of each funding cycle, abbreviated herein as year zero (y0), the Council shall establish baseline values for each metric based on an average of the three most recent full academic years of available data. The baseline data shall provide a basis of comparison upon which institutional performance shall be gauged in subsequent years of the funding cycle (years one through four).

In each year following y0, each institution’s recommended funding level shall be calculated based on the increase or decrease of the institution’s total outcomes score as compared to the y0 benchmark value.

Funding Formula Calculations At the beginning of each annual budget cycle, the following values shall be calculated and used in the determination of each institution’s recommended base appropriation request:

The number of outcomes achieved within each data metric, with weighting factors applied where appropriate for:

Students representing Focus Populations; and Certificates or degrees awarded in State Priority Programs;

The Total Outcomes Score based on an average of the three most current years of data for each of the metrics established in Section 4.5 of this rule;

The net increase or decrease in outcomes score between the current year and the benchmarking year (y0);

The inflation-adjusted rate per outcome;

The Base Operating Budget, adjusted for inflation; and The prior year’s Outcomes Based Funding level, adjusted for inflation.

Each institution’s base appropriation request shall be determined by the following calculations:

The net increase or decrease in outcomes score is multiplied by the system-level rate per outcome to determine the net change in Outcomes Based Funding. This value is added to the inflation-adjusted Outcomes Based Funding level from the prior year.

The prior year’s Base Operating Budget is adjusted for inflation and added to the Outcomes Based Funding pool, calculated in paragraph 5.3.2.a of this rule.

Any annual reduction to an institution’s Outcomes Based Funding pool shall not exceed five percent (5%).

135CSR2

Series 03 Conversion Of Non-Credit Training Activities To College-Level Credit

W. Va. Code R. § 135-3-1 General

1.1. Scope. Rule establishing guidelines and procedures for community and technical colleges to convert non-credit training activities to college-level credit.

1.2. Authority. W. Va. Code §18B-1-6.

1.3. Filing Date. January 30, 2008.

1.4. Effective Date. February 28, 2008.

§133-3-2. Purpose.

2.1. The purpose of this policy is to provide consistency among community and technical colleges in converting non-credit courses to credit. This policy will provide an opportunity for participants in workforce development and other non-credit courses to convert those courses to college-level credit and meet the goal of providing additional options for individuals to pursue a college credential and engage in life-long learning.

W. Va. Code R. § 135-3-3 Options for Awarding Credit

3.1. If non-credit courses are delivered utilizing the same competencies as an existing college-level course, and the competencies have been met, it may be granted that course number.

3.2. Special topic courses with institutional course numbering may be utilized to identify courses to be converted from non-credit to college-level credit.

3.3. The Certificate in Technical Studies, Board of Governors AAS Degree, AAS in Technical Studies, AAS in Individualized Studies or other existing degree programs may be utilized to grant college-level credit for non-credit activity by applying the procedures and guidelines of those programs.

3.4. Competency levels of appropriate non-credit courses may be compared to required general education course competencies to determine academic credit to be awarded through an assessment appropriate for the discipline as determine by the chief academic officer of the community and technical college or designee.

3.5. The actual awarding of college equivalent credit is made by the chief academic officer of the community and technical college or designee.

W. Va. Code R. § 135-3-4 Credit Conversion Formula

4.1. For lecture courses, conversion of non-credit to college-level credit hours will be no less than 15:1 contact to credit hour.

4.2. For laboratory hours, conversion of non-credit to college-level credit hours will be no less than 30:1 contact to credit hour.

4.3. For on-the-job training activity, conversion of non-credit to college-level credit hours will be no less than 160:1 contact to credit hours.

4.4. For those courses delivered through an accelerated format and mastery of equivalent course competencies are documented, the contact to credit hour requirement may be waived.

W. Va. Code R. § 135-3-5 Course Description

5.1. For each non-credit course being considered for college-level credit, the following information will be compiled:

5.1.1. Course title: Listing of the full title of the course

5.1.2. Credit hours: The number of academic credit hours to be awarded

5.1.3. Contact hours: Actual number of course hours

5.1.4. Topic description: Brief overview of the topic

5.1.5. Competencies: Listing of competencies to be taught

5.1.6. Outline: Listing of the content to be covered in the course

5.1.7. Learning Resources: Listing of textbooks, handouts and other instructional material

5.1.8. Suggested Method of Instruction: Instructor’s methodology and mode of instruction

5.1.9. Methods of Evaluation/Grading: Listing of activities, assignments and assessments that will be utilized to determine the grade

5.1.10. An assessment will be used to document prior skill level attainment for the proposed college credit course.

135CSR3

135CSR3

Series 04 Rules and Administrative Procedures

W. Va. Code R. § 135-4-1 General

1.1. Scope. -- Rule establishing process for adoption, amendment, or repeal of rules and posting and publication of rules and administrative procedures by state institutions of higher education.

1.2. Authority. -- West Virginia Code §18B-1-6(c)(3).

1.3. Filing Date. -- April 5, 2013.

1.4. Effective Date. -- May 5, 2013.

1.5. Repeals and replaces previous Series 4 dated February 23, 2006.

W. Va. Code R. § 135-4-2 Definitions

2.1. Rule. Any regulation, guideline, directive, standard, statement of policy or interpretation of general application and future effect that also has institution-wide effect or affects the rights, privileges or interests of employees, students or citizens. The following are not rules:

2.1.a. Regulations, guidelines or policies established for individual units, divisions, departments or schools of the institution that deal solely with the internal management or responsibilities of a single unit, division, department or school; or

2.1.b. Academic curricular policies that do not constitute a mission change for the institution.

2.2. Administrative Procedure. Any regulation, guideline, directive, standard or statement of policy or interpretation of future effect that does not qualify as a “rule.”

W. Va. Code R. § 135-4-3 Application

3.1. This rule shall apply to the adoption, amendment, or repeal of any rule by a governing board of any public higher education institution under the West Virginia Council for Community and Technical College Education’s jurisdiction, as well as to the posting and publication of rules and administrative procedures.

3.2. A governing board may not delegate responsibility for approving a rule to the President.

3.3. The Chancellor shall periodically provide institutions with examples of topics that should be dealt with only through the rule-making process. If the governing board or President of an institution is unsure whether the rulemaking process must be used, the governing board or President shall seek guidance from the Chancellor or his/her designee.

3.4. Each institution’s governing board shall adopt a rule that outlines the rulemaking process at that institution.

3.5. No rule shall be adopted, amended, or repealed by a governing board without the provisions in this rule and its own rule on rules being met.

W. Va. Code R. § 135-4-4 Rulemaking Process

4.1. Consultation. Institution officers are encouraged to consult with interested groups before presenting a proposed rule to the governing board for consideration.

4.2. Approval of Proposed Notice and Rulemaking. If a governing board determines that a rule concerning a subject matter under the governing board’s jurisdiction should be adopted, amended, or repealed, the governing board may approve a notice of proposed rulemaking. A notice of proposed rulemaking shall include:

4.2.a. A brief description of the subject matter of the rule, an explanation of how comments will be received, the deadline for receiving comments, and contact information for the person who has been designated to receive comments; and

4.2.b. A copy of the proposed rule if adoption or amendment is proposed or a copy of the current rule if repeal is proposed.

4.3. Notice of Proposed Rulemaking. Notices of proposed rulemaking shall be provided directly to the Chancellor, those persons representing students, faculty, and classified employees at the institution, and other interested parties. In addition, notices of proposed rulemaking shall be posted prominently at a location or locations identified in the institution’s rule on rules, as well as on the institution’s website, and copies shall be made available at no cost to any requester.

4.4. Comment Period. Except for emergency rules, a notice of proposed rulemaking must provide for a public comment period of at least thirty (30) days during which written comments will be received before final adoption of the rule. A President or governing board may also provide for a public hearing.

4.5. Approval of Final Rule.

4.5.a. If a governing board originally approved a notice of rulemaking at a previous meeting and no comments are received during the comment period, a proposed rule need not be re-approved by the governing board if the board provides so at the time it approves the proposed rule.

4.5.b. If written comments are received or a hearing held during the comment period, the governing board shall summarize the comments received and/or made and make a determination concerning each issue raised. The governing board may amend a proposed rule as a result of the comments or evidence received. All written comments and evidence received and determinations made by the governing board shall be made available in the manner set out in Section 4.3 of this rule at least ten (10) days prior to the meeting in which the governing board gives final approval to the rule and be carefully preserved by the institution and open for public inspection and copying for a period of at least five (5) years from the date of final board action.

4.5.c. The institution shall furnish the Chancellor or his/her designee with a copy of the final rule within thirty (30) days of the governing board’s formal adoption of the final rule.

4.5.d. Any rule adopted by a governing board shall not be effective until approved by the Chancellor or his/her designee. The Chancellor or his/her designee shall notify the governing board of any specific or general objections to the rule and allow the governing board to address the objections. If the governing board disagrees with the objections, it may protest the Chancellor’s decision to the Council. If the Chancellor or his/her designee has not provided any objections to a rule within thirty (30) days of receipt of its final version it shall be deemed approved. Approval by the Chancellor or Council may not be withheld unless the rule is inconsistent with state or federal law or the policies and mission of the Council.

W. Va. Code R. § 135-4-5 Posting and Publication of Approved Rules

5.1. Approved rules shall be posted prominently at a location or locations identified in the institution’s rule on rules, as well as on the institution’s website, and copies shall be made available at no cost to any requester.

5.2. Approved rules shall be enumerated in a manner that makes them easily identifiable.

5.3. No later than October 1 of each year, each institutional governing board shall file with the Council a list of all institutional rules that were in effect on the first day of July of that year, as well as a list of institutional rules repealed during the preceding year.

5.3.a. For each rule listed, the governing board shall identify the most recent date on which each rule was adopted, amended or repealed.

5.3.b. The list shall include a statement by the chair of the governing board certifying that the governing board complied with the provisions of West Virginia Code §18B-1-6 and this rule when each rule was adopted.

W. Va. Code R. § 135-4-6 Emergency Rules

6.1. In the case of an emergency, a governing board may adopt, amend, or repeal a rule without first following the procedure set out in this rule.

6.2. For the purpose of this section, an emergency exists when the adoption, amendment, or repeal of a rule is necessary for the immediate preservation of the public peace, health, safety or welfare, or is necessary to comply with a time limitation established by state or federal law or regulation or a directive or rule of the Council, or to prevent substantial harm to the public interest, or to deal with financial exigency. The facts constituting an emergency shall be communicated in writing in advance to the Chancellor, who shall disapprove the action of the governing board if the Chancellor, or his/her designees, disagrees that an emergency existed.

6.3. Any emergency rule shall remain in effect no longer than three (3) months and shall expire unless a final rule has been approved under the normal process set out in this rule.

W. Va. Code R. § 135-4-7 Administrative Procedures

7.1. This rule contains no restrictions on the adoption, amendment or repeal of administrative procedures. A governing board, however, is free to impose restrictions on this process.

7.2. The institution shall post administrative procedures prominently at places where those subject to the administrative procedures are likely to see them.

W. Va. Code R. § 135-4-8 Enforceability

8.1. Any institution rule that fits within the definition contained in section 2.1 of this rule, but which has not previously been adopted by a formal vote of the governing board, must be adopted, amended or repealed by the governing board on or before July 1, 2006, or it shall be void and may not be enforced.

8.2. Any institution rule adopted, amended or repealed after the effective date of this rule in a manner inconsistent with the provisions of this rule shall be void and may not be enforced.

8.3. Any institution rule or policy statement not posted in a manner consistent with the provisions of this rule may not be enforced.

135CSR4

135CSR4

Series 05 Employing and Evaluating Presidents

W. Va. Code R. § 135-5-1 General

1.1. Scope. -- This rule applies to the search for, hiring, employment, and evaluation of presidents by governing boards of the State’s public community and technical colleges.

1.2. Authority. -- West Virginia Code §18B-2B-6, 18B-1B-6, 18B9-17-3(ll).

1.3. Filing Date. -- May 1, 2025

1.4. Effective Date. -- August 1, 2025

1.5. This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 135-5-2 Presidential Search Committees

2.1. The selection of campus presidents is one of the most important duties of institutional governing boards. The procedures outlined in this rule are intended to assist the governing boards of the State’s public community and technical colleges in fulfilling this duty. The specific search process at an individual college shall be tailored by that college to meet its specific institutional needs; Provided, That the college’s search process must conform with the authorizing statute and this rule.

2.2. Upon the occurrence of a vacancy in the position of president at one of the State’s public community and technical colleges, the governing board of the institution shall undertake a search for a new president. The governing board is responsible for the search, both procedurally and financially. The governing board shall adopt a procedure, consistent with this rule, governing the search. The procedure shall include, but not be limited to, the following:

2.2.1. A statement of characteristics and qualities which the new president should possess.

2.2.2. If the governing board appoints a search committee other than itself, the appointed search committee shall include representation of faculty, students, staff, and other constituencies of the institution. The number and consistency of the membership of the appointed search committee is at the discretion of the governing board.

2.2.3. The governing board shall prepare or cause to be prepared a position announcement detailing the characteristics and qualities sought in a new president and post it on the institution’s primary website, distribute it to newspapers and other media sources, heads of higher education associations and organizations, and other appropriate individuals, groups, or organizations for the purpose of advertising the position.

2.2.4. The governing board shall determine the finalists from the candidate pool and conduct on-campus visits with them at which students, classified employees, non-classified employees, faculty, campus administrators, community leaders, alumni, and other individuals shall be invited to meet with the candidates. The constituent groups shall submit their comments to the governing board, and the governing board shall consider those comments in its evaluation of the finalists.

2.2.5. The governing board may conduct background checks on each candidate prior to the candidate’s interview with the search committee or governing board. The governing board may conduct background checks on finalists prior to any campus visit made at the invitation of the search committee or governing board and shall conduct background checks before any final selection by the search committee or governing board. The governing board or appointed search committee may conduct on-site visits to the candidates’ current and past places of employment. The governing board shall use standard industry practices in conducting background checks and, at a minimum, shall include confirmation of degrees and past employment and criminal and credit checks.

2.3. Candidates may be considered through their own application or by nomination.

2.4. Confidentiality. –

2.4.1. Members of the governing board, or its appointed search committee may not provide information about the names or backgrounds of any candidates without their consent to anyone who is not a member of the governing board, its appointed search committee, or authorized agents or staff of the governing board or its appointed search committee. At the first meeting of the governing board sitting as a search committee or its appointed search committee, the committee shall discuss the importance of confidentiality. All members of the committee shall agree to preserve the confidentiality of the search and the names of all candidates. The chair of the board of governors may dismiss any search committee member if there is evidence that a member of the search committee has breached the committee’s confidentiality. The decision of whether or not to dismiss a search committee member, as well as whether or not to replace the dismissed member, is at the sole discretion of the chair of the governing board; Provided, That if the search committee member proposed for dismissal is a representative of the faculty, staff, or students of the institution, the chair shall replace the member after consultation with the chair or other appropriate representative of the constituent group as to how the individual will be replaced.

2.4.2. When candidates are invited to a preliminary interview with the search committee, the chair of the search committee shall notify them of the conditions under which the candidates may waive confidentiality as to background checks and that in the event they are invited for a campus interview, the search committee shall release, or cause to be released, to the public their names and backgrounds at the time they accept an invitation for a formal campus visit.

2.5. At the request of an institution, the Council may provide the governing board with staff assistance to manage the search process, or the governing board may enter into a contract with a consultant or executive search firm to identify potential candidates in addition to those who have applied or been nominated or to assist in the search.

2.6. The Chancellor or his or her designee shall serve as an ex officio, non-voting member on all search committees or bodies serving in that capacity during the search process. The Council reserves the right to conduct independent interviews of one or more finalists and provide its opinion of the interviewee(s) to the search committee for consideration. Prior to exercising that option, it shall give sufficient notice to the governing board so that any interviews will occur sufficiently close to the final decision of the governing board. In accordance with statute, the Council shall approve all presidential appointments.

W. Va. Code R. § 135-5-3 Presidential Contracts

3.1. The Council shall approve both the appointment of and the total compensation package from all sources for a president or an interim president when the president or the interim president is initially hired and whenever the governing board proposes any subsequent changes in the president’s or the interim president’s total compensation package. Terms of compensation and contracts discussed with or offered to candidates for president or interim president shall be consistent with this rule and its authorizing statute.

3.2. A president is a will and pleasure employee of the governing board. The terms of presidential contracts shall be based on the fiscal year (i.e., June 30 to July 31); those contracts exceeding a term of one fiscal year shall conform to the following:

3.2.1. An initial term of employment as president may not exceed two years, so that the contract expires on June 30 of the following fiscal year. After the initial contract, the governing board may offer contracts of up to five years. A president assigned to an alternative position during a guaranteed term of employment shall perform substantive duties on behalf of the institution in order to collect his or her salary.

3.2.2. All contracts with a term greater than one fiscal year shall be conditioned upon availability of funding.

3.2.3. A governing board may agree to reasonable notice of the president’s intent not to renew a contract. For purposes of this section “reasonable notice” is a period of time that does not exceed one year, but may be increased up to two years after five years of service by the president.

3.3. Provisions in contracts existing on the effective date of this rule that are inconsistent with this rule may remain in effect at the discretion of the governing board unless the provisions are in violation of statute.

W. Va. Code R. § 135-5-4 Compensation

4.1. The Council shall approve the total compensation of a president, from all sources, before the compensation becomes effective. Forms of compensation which require prior approval include annual salary derived from whatever funding source, deferred compensation, and housing or vehicle allowances. The governing board may require approval of other compensation such as non-State funded discretionary funds, compensation from other employment or for service on a corporate board of directors, and payment of dues or assessments for membership in non-professional related clubs or associations. The governing board shall report to the Chancellor any such compensation received by the president. If the governing board and the president are seeking approval of deferred compensation, the institution shall submit an actuarial report to the Council detailing the present cash value of the deferred compensation and conditions for eligibility or receipt of the deferred compensation.

4.2. The governing board shall base the president’s total salary from all funding sources on a comparison of the presidential salaries at comparable institutions or other national data sources, which the governing board may use, as appropriate, to establish salary ranges.

4.3. If the governing board and the president are seeking Council approval of a presidential salary increase in a percentage in excess of the average percentage salary increase for all personnel at that institution within the last calendar year, the governing board shall submit to the Council its detailed rationale justifying the increase. If the percentage increase is exactly in the ratio of compensation increases allocated to all institutional employees, the governing board shall notify the Council of the increase, but the Council is not required to approve it.

4.4. If a governing board provides a president a housing allowance instead of housing, the housing allowance may not be considered as part of the president’s base salary for the purposes of Section 4.2 above.

4.5. The Chancellor, annually, shall make available to the governing boards the most recent College and University Professional Association for Human Resources (CUPA-HR) or other comparable national data applicable to their institutions.

W. Va. Code R. § 135-5-5 Presidential Evaluation

5.1. Each governing board shall conduct a formal and structured written performance evaluation of the institution’s president every third year of the president’s employment. The governing board shall evaluate the president’s performance in relation to the duties and responsibilities assigned to the president by the governing board, the success of the institution in meeting each requirement of its institutional compact, and any other criteria previously established by the governing board.

5.2. The governing board shall appoint a committee of its own members, a visiting team, or any combination thereof, and utilize institutional personnel, including faculty, staff, students, and persons who are knowledgeable of higher education matters to assist in its evaluation of the President.

5.3. The governing board committee, visiting team, or other body chosen by the governing board, shall visit the campus to receive the views of the president, governing board members, administrators, faculty, classified employees, non-classified employees, students, alumni, and community leaders. The governing board or its designee shall arrange a schedule of interviews, meetings, and open forums that will assure a careful assessment of leadership and condition of the campus.

5.4. The governing board shall use the report of its committee, visiting team, or other body chosen by the governing board to assist in its own written evaluation of the president. The governing board shall report its evaluation to the president, the Chancellor, and the Chair of the Council.

5.5. The Chancellor shall provide the governing boards, upon request, with evaluative tools, guidelines, and procedures recommended for the assessment and evaluation of college and university presidents and provide any assistance requested by a governing board in performing the evaluations set out in this rule.

5.6. The governing board shall conduct a written evaluation of its president at the end of the initial contract period. In addition to the formal and structured evaluation every three years and at the end of the initial contract period, the governing board shall conduct a written yearly evaluation of the president in a manner and form decided by the governing board.

5.7. The Council may not approve any request for an increase in compensation of a president prior to receiving an evaluation of that president for the year immediately preceding the requested increase.

135CSR5

135CSR5

Series 06 Higher Education Accountability System

W. Va. Code R. § 135-6-1 General

1.1. Scope. -- This rule sets forth an accountability system for community and technical colleges under the jurisdiction of the West Virginia Council for Community and Technical College Education.

1.2. Authority. -- W. Va. Code §18B-2B-6(b).

1.3. Filing Date. -- February 27, 2024.

1.4. Effective Date. -- February 27, 2024. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 135-6-2 Purpose

2.1. This rule describes the responsibilities of the Council and the public community and technical colleges under its jurisdiction to West Virginia taxpayers for the performance of the State public higher education system.

2.2. The rule sets forth an accountability system for the Council and institutions under its jurisdiction.

2.3. The rule defines requirements for a public reporting system that facilitates the dissemination of higher education accountability data through internet-based data tools and published reports. At a minimum, the public reporting system shall:

2.3.1. Provide thorough and consistent data and other relevant information to be used in assessing progress of the Council and the institutions under its jurisdiction toward the goals and objectives as stated in W. Va. Code §18B-1-1a;

2.3.2. Provide a basis for comparing institutional and system performance with regional and national norms toward accomplishing the goals and objectives as stated in W. Va. Code §18B-1-1a;

2.3.3. Provide information to assist the Council in assessing institutional and system progress toward statewide and institutional higher education goals;

2.3.4. Provide additional information to assist the Council in assessing institutional and system progress relative to historical, regional, and national trends;

2.3.5. Serve students, parents, faculty, staff, policymakers and the public as a neutral and credible source of information about the overall quality and performance of public higher education in West Virginia.

W. Va. Code R. § 135-6-3 Definitions

3.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code § 18B-1-2 apply to this rule in addition to the definitions set forth below.

3.2. “Accountability System.” All research, reports, documents, data, and any other materials the collection, analysis, and dissemination of which are necessary to accomplish the purpose of this rule. The system includes goals, objectives and priorities, public policy agendas, implementation plans, institutional mission statements and master plans, the Statewide Annual Report, and the Statewide data reporting system.

3.3. “Goal.” A long-term public purpose that is a desired and expected result for which public higher education is established.

3.4. “Key Performance Indicator.” A quantifiable measure used to evaluate the success of an organization in meeting objectives for performance.

3.5. “Objective.” End to be accomplished or attained within a specified period of time for the purpose of meeting established goals.

3.6. “Priority.” The order in which objectives are to be addressed for the purpose of achieving state goals.

3.7. “State Compact.” A formal written agreement between the Council and at least one other external entity to achieve State goals and objectives where significant collaboration and commitment of resources between the partners to the agreement is required in order to achieve the desired results.

3.8. “Statewide Annual Report.” A report or series of reports that outlines significant trends, identifies major areas of concern, and assesses the progress of Council and the institutions under its jurisdiction toward achieving state, system or institution goals or objectives.

3.9. “Statewide Data Reporting System.” A collection of information management tools that provide public access to data on the performance of the Council and institutions under its jurisdiction.

3.10. “Council.” The Council for Community and Technical College Education established by W. Va. Code § 18B-2B-3.

3.11. “Chancellor.” The Chancellor for Community and Technical College Education as defined in W. Va. Code § 18B-1-2 or his or her designee.

W. Va. Code R. § 135-6-4 General Guidelines for Data Collection and Reporting

4.1. The following will guide the further development of the existing higher education database and the collection of data which will comprise the Statewide Data Reporting System and the Statewide Annual Report:

4.1.1. All data reported by institutions shall be based on uniform and consistent definitions as established by the Council.

4.1.2. The Council shall minimize, to the extent allowed by statute, institutional requirements for additional record keeping and reporting.

4.1.3. The Council shall establish data element collection procedures and report timelines.

4.2. The Council shall maintain for a reasonable time, as determined by best practices, all detailed background data used in compiling the Statewide Annual Report.

W. Va. Code R. § 135-6-5 Key Performance Indicators and Goal Setting

5.1. The Council shall adopt a set of key performance indicators to measure institutional and system progress toward achieving State, system and institutional objectives. These indicators will focus on institution- and system-level performance in the areas of finance, admissions, enrollment, academics, student outcomes, and other areas as deemed necessary and appropriate by the Council.

5.2. In cooperation with the institutions under its jurisdiction, the Council shall set State, system, and institutional goals for each of the adopted key performance indicators.

5.3. The Council shall develop and update at least annually a public internet-based data tool that will display system and institutional progress toward meeting established goals.

5.4. The Chancellor shall present an annual report to the Council about progress made toward meeting established goals.

W. Va. Code R. § 135-6-6 Statewide Annual Report and Statewide Data Reporting System

6.1. Purpose.

6.1.1. A primary purpose of the Statewide data reporting system and Statewide Annual Report is to make information available to students, parents, faculty, staff, State policymakers, and the public on the quality and performance of public higher education.

6.1.2. A primary purpose of the Statewide Annual Report is to provide a mechanism to evaluate the annual progress of the Council and institutions under its jurisdiction in achieving State and system goals and objectives.

6.2. Contents.

6.2.1. The Statewide Annual Report shall provide information on the performance of community and technical colleges, including health sciences education, in relation to the State and system goals, objectives and priorities.

6.2.2. When possible, the Statewide Annual Report shall be based upon information for the current academic year or for the most recent academic year for which information is available, in which case the year shall be clearly noted.

6.2.3. When possible, the Statewide Data Reporting System shall break down data by institution.

6.2.4. When possible, the Statewide Annual Report shall provide regional and/or national comparison data.

6.2.5. When possible, the information contained in the Statewide Annual Report and the Statewide Data Reporting System shall allow for easy comparison with higher education-related data collected and disseminated by the Southern Regional Education Board, the United States Department of Education, and other education data-gathering and data-disseminating organizations.

6.2.6. The information contained in the Statewide Annual Report and the Statewide Data Reporting System shall be consistent and comparable between and among higher education institutions.

6.2.7. To the extent practicable, the Statewide Annual Report shall be analysis-driven, rather than solely data-driven, and present information in a format that will help inform higher education policymaking.

6.3. Implementation.

6.3.1. The Council shall provide technical assistance to each institution and governing board in data collection and reporting.

6.3.2. The president or chief executive officer of each higher education institution shall prepare and submit all requested data to the Council at the times established by the Council.

6.3.3. The Council is responsible for maintaining the Statewide Data Reporting System and developing the Statewide Annual Report using data and information submitted by each institution.

6.3.4. The Council shall complete the Statewide Annual Report no later than January 1 annually with printed copies provided to the public and the Legislative Oversight Commission on Education Accountability. The Council shall also publish the Report in electronic format to its official website.

W. Va. Code R. § 135-6-7 State Compacts

7.1. The Council may identify important State and system goals, objectives, and priorities that it and institutions under its jurisdiction acting alone will be unable to accomplish. In such cases, the Council may authorize the Chancellor to enter into State compacts, or contracts, with external entities.

7.2. In determining whether a State compact may be appropriate, the Chancellor shall consider:

7.2.1. Whether significant collaboration with an external entity or entities is necessary or advantageous to increase the likelihood of accomplishing a goal, objective, or priority;

7.2.2. Whether an external entity or entities would need to make a significant commitment of resources to accomplish a goal, objective, or priority; and

7.2.3. Whether an external entity is or entities are receptive to entering into a State compact.

7.3. At a minimum, a State compact shall:

7.3.1. Identify the parties to the compact;

7.3.2. Identify the term of the compact;

7.3.3. Set forth measurable outcomes the parties seek to achieve by entering into the compact;

7.3.4. Identify what each party will contribute in terms of resources as part of the compact;

7.3.5. Set forth a system for evaluating the success or failure of the compact to achieve the outcomes sought; and

7.3.6. Provide that the failure of one party to the compact to perform excuses the Council from performance under the compact.

7.4. Before a proposed State compact becomes operative and binding on the Council and the institutions under its jurisdiction, the Council shall approve it.

Series 08 West Virginia Invests Grant Program

W. Va. Code R. § 135-8-1 General

Scope. -- This rule establishes guidelines and procedures that will direct the operation of the West Virginia Invests Grant Program.

Authority. -- West Virginia Code §18B-1-6 and §18C-9-4.

Filing Date. -- April 5, 2022 Effective Date. -- June 5, 2022 Sunset Provision. -- This rule shall be terminated and have no further force or effect on June 5, 2027.

W. Va. Code R. § 135-8-2 Administration

The Vice Chancellor for Administration shall administer the West Virginia Invests Grant Program under the general direction of the Chancellor for Community and Technical College Education and the West Virginia Council for Community and Technical College Education (Council).

The Higher Education Student Financial Aid Advisory Board shall provide financial aid expertise and policy guidance to the Vice Chancellor for Administration.

W. Va. Code R. § 135-8-3 Institution Eligibility

3.1. Only West Virginia public community and technical colleges and West Virginia public baccalaureate institutions that have a signed program participation agreement are eligible to participate in the West Virginia Invests Grant Program.

3.2. Beginning with the 2021 fiscal year, only those eligible institutions in Section 3.1. of this rule that have one or more partnerships that establish Advanced Career Education (ACE) programs and pathways are eligible to participate in the West Virginia Invests Grant Program.

W. Va. Code R. § 135-8-4 Student Eligibility

4.1. To be eligible for a West Virginia Invests Grant Program award, an applicant must:

4.1.1. Be a citizen or legal resident of the United States who meets the residency requirements for Federal Student Aid to receive Title IV funds;

4.1.2. Have been a resident of West Virginia for at least one year immediately preceding the date of application for a grant or renewal of a grant;

4.1.2.a. For dependent students, the legal residence of the parent(s) or legal guardian(s) on the Free Application for Federal Student Aid (FAFSA) shall be prima facie evidence of the student’s legal residence.

4.1.2.b. Students may provide documentation that is approved by the Higher Education Student Financial Aid Advisory Board to determine a student’s eligibility as a resident of West Virginia.

4.1.3. Have earned a high school diploma or passed a state approved high school equivalency exam;

4.1.4. Have not been previously awarded a post-secondary degree; or reached ninety attempted credit hours;

4.1.5. Be enrolled in at least six credit hours per semester in an eligible post-secondary program, as defined by West Virginia Code §18C-9-3 at an eligible institution;

4.1.5.a. Recipients enrolled in an eligible post-secondary program can continue to receive West Virginia Invests Grant Program funds if during the recipient’s program of study, the post-secondary program is no longer considered an eligible post-secondary program, as long as the student maintains all other eligibility criteria and maintains continuous enrollment.

4.1.6. Submit both a completed FAFSA and any application form required by the Council by the deadline established by the Council;

4.1.6.a. Must complete verification if selected on the FAFSA by the U.S. Department of Education or the institution.

4.1.7. Have, prior to the start of each academic year or prior to the initial period for which the student is enrolled if that period for which the student is enrolled is not the beginning of the academic year and in which funds are received, taken an approved drug test that is verified by the Senior Director of Financial Aid, or his/her designee: provided, that the applicant shall be responsible for the actual cost of the drug test;

4.1.7.a. The Council shall approve the drug screening policy and requirements necessary to receive West Virginia Invests Grant Program funds.

4.1.8. Not be in default on a federal student loan;

4.1.9. For initial awards, an applicant must be accepted for enrollment by the institution and meet the institution’s Satisfactory Academic Progress policy. Eligibility for the West Virginia Invests Grant Program does not guarantee admission to an eligible institution or eligible post-secondary program.

W. Va. Code R. § 135-8-5 Awards

5.1. The maximum amount of a West Virginia Invests Grant Program at a West Virginia public community and technical college shall be the cost of tuition and mandatory fees charged to all students and academic fees approved by the Council for an associate or certificate program less all other federal and state scholarships and grants and institutional tuition waivers for which the student is eligible. 5.1.1 Academic fees include fees charged to students for specific courses or programs to support such expenses as, but not limited to, lab, equipment costs, and assessments. Academic fees do not include textbooks, post-graduation expenses, or anything the student would keep or use after the course ends, for example tools, uniforms, or equipment.

5.1.2. A West Virginia public baccalaureate institution shall not charge students who are enrolled in an eligible program more than the average cost of tuition and mandatory fees at West Virginia public community and technical colleges.

5.1.2.a. The maximum amount of a West Virginia Invests Grant at a West Virginia public baccalaureate institution shall be the average cost of tuition and mandatory fees at West Virginia public community and technical colleges less all other federal and state scholarships and grants and institutional tuition waivers for which the student is eligible.

5.1.3. Students are required to apply for and utilize all federal and state scholarships and grants for which they may be eligible before the West Virginia Invests Grant Program award amount is determined.

5.1.4. Federal and state scholarships and grants include the Pell Grant, the Supplemental Educational Opportunity (SEOG) Grant, the PROMISE Scholarship, the West Virginia Higher Education Grant, and the Higher Education Adult Part-Time Student (HEAPS) Grant.

5.1.5. If scholarships and grants exceed tuition, mandatory fees, and academic program fees approved by the Council in any given term, then the student shall not be eligible for a West Virginia Invests Grant Program award in that term.

5.1.6. West Virginia Invests Grant Program funds can only be used toward courses that apply to an eligible post-secondary program.

5.2. No West Virginia Invests Grant Program funds will be disbursed until a signed agreement has been received from the applicant.

5.3. The Council shall establish criteria to be used in award selection each year based on the amount of funding expected to be available to use for awards. In determining to whom to award, the Council may consider applicants’ relative levels of financial need, application filing dates, academic program, and/or state policy priorities.

5.4. If a West Virginia Invests Grant Program recipient transfers from one participating institution to another participating institution, the grant is transferable with the approval of the Vice Chancellor for Administration or his or her designee.

5.5. Awards may be made for summer terms. Any summer award under this provision is dependent upon the availability of funds as determined by the Council.

W. Va. Code R. § 135-8-6 Renewal

6.1. A West Virginia Invests Grant may be renewed until an applicant has met the requirements for an associate degree or until the applicant has reached ninety attempted credit hours as determined by the institution.

6.2. To renew a West Virginia Invests Grant, an applicant must maintain a 2.0 cumulative grade point average at the end of each academic year;

6.3. Meet the institution’s Satisfactory Academic Progress policy;

6.4. Make satisfactory progress in completing at least two hours of verified community service each term for which the student is receiving West Virginia Invests Grant Program funds as approved and verified by the institution;

6.4.1. Recipients who do not complete at least two hours of verified community service in a term will lose funding for that term.

6.5. Must meet all the eligibility criteria in Section 4.1. of this rule.

W. Va. Code R. § 135-8-7 Post Award Changes

7.1. If a West Virginia Invests Grant Program recipient terminates enrollment for any reason during the academic year, the unused portion of the grant shall be returned to the Council by the institution in accordance with the refund policy associated with Title IV funds.

7.2. If a recipient does not meet the renewal requirements for any reason, they may renew as soon as the next term if all eligibility and renewal requirements are met.

W. Va. Code R. § 135-8-8 Monetary Repayment

8.1. Each recipient of the West Virginia Invests Grant Program shall enter into an agreement with the Vice Chancellor for Administration agreeing to the following:

8.1.1. Once a recipient completes their program of study or is no longer enrolled at least half-time, they must provide acceptable documentation as determined by the Council that they are continually residing in West Virginia for at least two years from the time the recipient drops below half-time.

8.1.2. Recipients who are serving as a member of the armed services of the United States and maintaining legal residency in West Virginia while stationed for military purposes will be considered as meeting the residency requirement for the West Virginia Invests Grant Program.

8.2. A recipient will be required to make monetary repayment if:

8.2.1. The recipient does not continually reside in West Virginia for two years upon completion of their program of study and after dropping below half-time enrollment; or

8.2.2. It is determined that the recipient fraudulently obtained West Virginia Invests Grant Program funds; or

8.2.3. The recipient does not provide acceptable documentation of continually residing in West Virginia in a timely manner.

8.3. In addition to the repayment of the grant, interest will be charged at a rate determined by the Vice Chancellor for Administration and will begin to accrue at the time the repayment period begins.

8.4. If a recipient fulfills a portion of the residency obligation, interest will accrue from the day on which the recipient ceased to be a resident of West Virginia.

8.4.1. The monetary repayment may be prorated based upon a percentage of the two years that the recipient resided in West Virginia.

8.5. As permitted by federal law, applicable state regulations, and the terms of the grant agreement, reasonable collection costs, late charges and attorney fees may be assessed in the collection of delinquent accounts.

8.6. Recipients have a ten-year period to repay the West Virginia Invests Grant Program funds. If extenuating circumstances exist, the Vice Chancellor for Administration, upon receipt of appropriate documentation, may extend the period of repayment to fifteen years.

8.7. A recipient may request a deferment for pursuing a half-time course of study at an accredited institution of higher education or while serving on active duty as a member of the armed services of the United States.

8.8. A recipient may request a forbearance due to monetary hardship, sickness, or other acceptable reasons as approved by the Vice Chancellor for Administration if a recipient is unable to make payments but does intend to fulfill the monetary obligation.

8.9. A recipient’s obligation is excused in the event the recipient:

8.9.1. Becomes permanently or totally disabled as established by sworn affidavit of a qualified physician. The Vice Chancellor for Administration may require additional evidence of the disability

8.9.2. Is deceased. A copy of the death certificate must be submitted.

W. Va. Code R. § 135-8-9 Collections

9.1. Institutional and Council staff shall exercise due diligence in collecting monetary repayments from grant recipients.

9.2. Institutional due diligence means:

9.2.1. Conducting counseling with the student both at entrance and exit providing the student with information necessary to carry out the terms of repayment, reminds the recipient of the rights and responsibilities associated with the grant funds, and updates the recipient’s personal information to assist in locating the recipient if he or she fails to keep the institution or the Council informed of his or her address.

9.3. Council due diligence means:

9.3.1. Notifying the grant recipient of his/her obligations annually during any grace or deferment period.

9.3.2. Performing regular billing.

9.3.3. Following up past due payments with a series of documented and reasonably spaced attempts to contact the student before the obligation becomes 120 days past due, provided the Council has a current address for the student.

9.3.4. Referring defaulted grants more than 150 days past due to the Secretary of the Department of Administration or to a collection agent.

W. Va. Code R. § 135-8-10 Appeals

10.1. An applicant may appeal in writing, the decline of an initial award or renewal award or any other decision within fifteen (15) days of receiving notification, to the Senior Director of Financial Aid. The Director, or his/her designee, may consult with the appeals committee comprised of financial aid staff and shall issue a written decision upholding or reversing the initial decision.

10.1.1. An applicant must follow the Council’s policy on drug screening to appeal a failed drug test.

10.1.2. Any applicant appeal of a decision concerning satisfactory academic progress shall be referred to the institution for resolution consistent with the institution procedures established for this purpose.

10.2. The applicant may appeal the Director’s decision to the Higher Education Student Financial Aid Advisory Board. Any appeal to the Advisory Board must be filed within fifteen (15) days of notification to the applicant that his or her appeal was denied. The appeal must be in writing and detail, with specificity, the grounds supporting the appeal. The Advisory Board may require additional evidence or materials be submitted. If the Advisory Board denies the appeal, the reasons for the denial shall be communicated in writing to the applicant with an explanation of the reason for the denial. The decision of the Advisory Board is final.

W. Va. Code R. § 135-8-11 Accounting, Reporting, and Auditing Requirements

11.1. Before the end of each fiscal year, each institution’s financial aid office must reconcile its West Virginia Invests Grant Program records with:

11.1.1. The Council’s records of West Virginia Invests Grant Program awards and disbursements;

11.1.2. The institution’s business office records of West Virginia Invests Grant Program disbursements.

11.2. All participating institutions may be subject to financial aid audits.

11.3. All participating institutions may be required to provide reports, which may include student level data, to the Council on recipients of the West Virginia Invests Grant Program.

Series 09 Academic Freedom, Professional Responsibility, Promotion And Tenure

W. Va. Code R. § 135-9-2 Academic Freedom and Professional Responsibility. 2.1

Academic freedom at public institutions of higher education in West Virginia under the jurisdiction of the Council for Community and Technical College Education is necessary to enable the institutions to perform their societal obligation as established by the Legislature. The Council recognizes that the vigilant protection of constitutional freedoms is nowhere more vital than in the institutions under its jurisdiction.

Faculty members and students must always remain free to inquire, study, and evaluate. 2.2.

Through the exercise of academic freedom, members of the academic community freely study, discuss, investigate, teach, conduct research, and publish, depending upon their particular role at the institution. To all of those members of the academic community who enjoy academic freedom, there are, commensurate with such freedom, certain responsibilities. All faculty members shall be entitled to full freedom in research and in the publication of the results of such research, subject to the adequate performance of their other academic duties, which may include designated instruction, research, public service, and other professional duties.

Activity for pecuniary return that interferes with one's obligations to the institution should be based upon an understanding, reached before the work is performed, with the authorities of the institution. Further, each faculty member is entitled to freedom in the classroom in discussing the subject taught. In addition, when faculty members speak or write as citizens outside the institution, they shall be free from institutional censorship or discipline. 2.3.

The concept of academic freedom is accompanied by an equally important concept of academic responsibility. The faculty member at a public institution of higher education in West Virginia is a citizen, a member of a learned profession, and a representative of an educational institution. As such, a faculty member, together with all other members of the academic community, has the responsibility for protecting, defending, and promoting individual academic freedom for all members of the community. The faculty member has the responsibility of contributing to institutional and departmental missions in teaching, research (as applicable), and service as defined by the institution. The faculty member is responsible also as a teacher for striving to speak with accuracy and with respect for the similar rights and responsibilities of others. In speaking only as an individual or for a limited group, the faculty member should not imply or claim to be a spokesperson for the institution in which he or she holds an appointment. 2.4.

In addition to meeting the primary responsibilities of addressing institutional missions in teaching, research (as applicable), and service as defined by the institution, all faculty have an obligation to foster the quality, viability, and necessity of their programs. The financial stability of a program and recruitment of an adequate number of students depend in

part on the faculty. The common goal of quality must be nurtured and responsibility for it shared by all. Integrity, objectivity, and service to the purposes and missions of the institution are expected. 2.5 Faculty interests and skills change, disciplines evolve, and new professions or fields of study emerge. All faculty members are responsible for remaining current in their disciplines. All are encouraged to explore opportunities for further developing a versatile range of knowledge and skills that are important to the institution. Through individual initiative and faculty development programs, faculty members are encouraged to grow in competency in their own disciplines and strengthen their interests in related fields. 2.6 As members of an academic community, faculty members also are expected to participate in decisions concerning programs and in programreview processes. ### §135-9-3. Faculty: Ranks and Definitions. 3.1.

The faculty at any state institution of higher education shall be those appointees of the institution's designee. The faculty are those so designated by the institution and may include, but are not limited to, such professional personnel as librarians, faculty equivalents, academic professionals, and those involved in off-campus academic activities. 3.2.

Faculty may fall into one of the following classifications:

3.2.1. Tenured: Those faculty members who have attained tenure status as determined by the institution. Normally, tenured appointments are full-time (1.00 FTE or the equivalent, as determined by the institution) for the academic year.

3.2.1.1. Under special circumstances, if requested by the faculty member and approved, a full-time tenured appointment may be converted to a part-time tenured appointment for a specified time period, normally not to exceed one calendar year. At the conclusion of the approved time period or an approved extension thereof, the faculty member will return to a full-time tenured appointment or, if the faculty member chooses not to return to a full-time tenured appointment, the faculty member's employment will cease. This section does not apply to actions associated with phased retirement programs.

3.2.2. Tenure-Track: Those faculty members who have been appointed on a full-time (1.00 FTE or the equivalent, as determined by the institution) basis and have been designated as being in a tenuretrack position.

3.2.2.1. Under special circumstances, if requested by the faculty member and approved, a full-time tenure-track appointment may be converted to a part-time tenure-track appointment for a specified time period, normally not to exceed one calendar year. At the conclusion of the approved time period or extension thereof, the faculty member will return to a full-time tenure-track appointment or, if the faculty member chooses not to return to a full-time tenure-track appointment, the faculty member's employment will cease. Time spent in a parttime tenure-track appointment will not normally apply to the calculation of the years of service for the purposes of tenure nor will it result in any de facto award of tenure.

3.2.3. Clinical-Track: Those faculty members who have been appointed and have been designated as being in a clinical-track position.

Their appointment may be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time. 3.2.4.

4. Librarian-Track: Those faculty members who have been appointed and have been designated as being in a librarian-track position.

Their appointment may be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time.

3.2.5. Term: Those faculty members who have been appointed for a specified term as defined by the institution. The appointment may be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time. While a full-time term faculty member is eligible to receive reappointment to additional terms, no single term may exceed three years. No number of term appointments shall create any presumption of a right to appointment as tenuretrack or tenured faculty.

3.2.6. Instructional Specialist: Those faculty members who have been appointed minimally on a nine-month basis and an hourly workload. The appointment is for a specified term not to exceed three years. The instructional specialist is eligible to receive reappointment to additional terms. No number of term appointments shall create any presumption of a right to appointment as a tenure-track or tenured faculty. In addition to teaching, instructional specialists will have responsibilities for various academic support activities.

3.2.7. Non-Tenure-Track: Those faculty members who have not been appointed in a tenure-track, clinical-track, librarian-track, term, or tenured status. Their appointment may be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time. Nontenure-track faculty may also include faculty equivalents or academic professionals, whose primary duties are noninstructional, but who may hold a secondary appointment that is instructional in character. No number of non-tenure-track appointments shall create any presumption of a right to appointment as tenure-track or tenured faculty. 3.3.

Faculty appointed to tenured, tenure-track, or term positions at any institution shall be appointed in one of the following ranks:

3.3.1. Professor;

3.3.2. Associate Professor;

3.3.3. Assistant Professor; or

3.3.4. Instructor 3.4.

Faculty appointed to clinical-track positions at any institution may be appointed to one of the following ranks:

3.4.1. Professor, with the designation of the appropriate health career program;

3.4.2. Associate Professor, with the designation of the appropriate health career program;

3.4.3. Assistant Professor, with the designation of the appropriate health career program; or

3.4.4. Instructor, with the designation of the appropriate health career program 3.5.

Faculty appointed to librarian-track positions at any institution may be appointed to one of the following ranks:

3.5.1. Librarian or Professor/Librarian;

3.5.2. Associate Librarian or Associate Professor/Librarian;

3.5.3. Assistant Librarian or Assistant Professor/Librarian; or

3.5.4. Staff Librarian or Instructor/Librarian 3.6.

Faculty appointed to instructional specialists at any institution may be appointed to one of the following ranks:

3.6.1. Professor/Instructional Specialist;

3.6.2. Associate Professor/Instructional Specialist;

3.6.3. Assistant Professor/Instructional Specialist; or

3.6.4. Instructor/Instructional Specialist 3.7.

Clinical-track, instructional specialists, librarian-track, and term faculty hold appointments that are not subject to consideration for tenure, regardless of the number, nature, or time accumulated in such appointments. Clinical-track, instructional specialists, librarian-track, and term faculty appointments are only for the periods and for the purposes specified, with no other interest or right obtained by the person appointed by virtue of such appointment. 3.8.

Other appropriate titles that more accurately indicate the nature of the position may be used. 3.9.

Persons assigned full-time or part-time to administrative or staff duties at any institution may be appointed to, or may retain, one of the foregoing faculty ranks in addition to any administrative or staff title, following consultation with appropriate academic units. Such persons will be informed in writing at the time of the appointment whether the faculty rank is as a tenured, tenure-track, clinical-track, librarian-track, term, or non-tenure-track member of the faculty. Administrative or staff personnel who are not appointed to a faculty position are not faculty and therefore are not entitled to the protections provided by this policy. 3.10.

Clinical-track, instructional specialists, librarian-track, term, and nontenure-track faculty at all institutions hold nontenurable appointments, which may be part-time or full-time (except for instructional specialist which are full-time only) and are not subject to consideration for tenure, regardless of the number, nature, or time accumulated in such appointments. These appointments are for a specified period of time as set forth in the notice of appointment. Since the faculty member thus appointed is not on the tenure track, the notice provisions set forth in

Section 10.5 of this policy do not apply.

3.11. Non-tenure-track appointments shall have one of the following titles:

3.11.1. Any of the faculty ranks, but designated visiting, research, clinical, or adjunct, as applicable to describe the connection or function;

3.11.2. Lecturer or senior lecturer;

3.11.3. Assistant, designated as graduate, research, clinical, or adjunct, as applicable to describe the connection or function. .12. Non-tenure-track full-time (1.00 FTE or the equivalent, as determined by the institution) faculty appointments may be used only if one or more of the following conditions prevail:

3.12.1. The position is funded by a grant, contract, or other source that is not a part of the regular and ongoing source of operational funding.

3.12.2. The appointment is for the temporary replacement of an individual on sabbatical or other leave of absence. Such appointments are outside tenure-track status, are subject to annual renewal, and normally may not exceed three years.

3.12.3. The appointment is for the purpose of filling an essential teaching post immediately, pending a permanent appointment through a regular search and screening process. Such appointments are outside tenure-track status, are subject to annual renewal, and normally may not exceed three years.

3.12.4. The position is temporary to meet transient instructional needs, to maintain sufficient instructional flexibility in order to respond to changing demand for courses taught, or to meet other institutional needs. The appointee is to be so notified at the time of the appointment. Such appointments are outside tenure-track status, are subject to annual renewal, and normally may not exceed six years.

3.12.5. The appointee is granted a primary appointment as an administrator or to perform other noninstructional duties, with a secondary appointment that is instructional in character. Any faculty rank or teaching would be considered temporary, renewable on an annual basis. The appointee must be notified in writing of the status of any faculty rank.

3.12.6. Appointment or reappointment to a non-tenure-track full-time faculty position shall create no right or expectation of continued appointment beyond the one-year period of appointment or reappointment.

3.13. The institution shall make all tenured, tenure-track, clinical-track, instructional specialist, librarian-track, term, and non-tenure-track appointments after consultation with appropriate faculty and other collegiate units. 3.14.

Every faculty contract at any institution shall be for one fiscal year, or part thereof, in accordance with and in compliance with the annual budget of the institution, or supplementary actions thereto, as provided by law. 3.15.

Every such contract shall be in writing, and a copy of the document shall be furnished to the person appointed. Such document shall contain the terms and conditions of the appointment, as delineated in Section 17 of this policy. ### §135-9-4. Faculty: Types and Conditions of Appointment. 4.1.

Full-time appointments to the faculty of an institution, other than those designated as clinical-track, instructional specialist, librarian-track, term, or non-tenure-track, shall be either tenured or tenure-track. 4.2.

All clinical-track, instructional specialist, librarian-track, term, and other non-tenure-track appointments, as defined in Section 3 of this policy shall be neither tenured or tenure-track, but shall be appointments only for the periods and for the purposes specified, with no other interest or right obtained by the person appointed by virtue of such appointment.

4.3. The appointment of a person to a full-time position at any institution is made subject to the following conditions:

4.3.1. The appointee shall render full-time service to the institution to which appointed. Outside activities, shall not be restricted unless such activities or employment interfere with the adequate performance of institutional duties. The institution expects its faculty to give full professional effort to assignments of teaching, research (as applicable) and service. It is, therefore, considered inappropriate to engage in gainful employment outside the institution that is incompatible with the faculty member's contractual commitment to the institution. Moreover, it is considered inappropriate to transact personal business from one's institutional office when it interferes with institutional duties and responsibilities. The institution shall establish a program of periodic review of outside services of appointees to guide faculty members.

4.3. 2. If outside employment or service interferes with the performance of the regular institutional duties and responsibilities of the appointee, the institution has a right to (a) require the appointee to cease such outside employment or service that interferes with institutional duties and responsibilities of the appointee, (b) make such adjustments in the compensation paid to such appointee as are warranted by the appointee's services lost to the institution and by the appointee's use of institutional equipment and materials, or (c) dismiss for cause as set forth in Section 12 of this policy.

4.3. 3. Institutions may permit and encourage a reasonable amount of personal professional activity, such as consulting, by a faculty member outside the faculty member's duties and responsibilities of employment by and for the institution, provided such activity (a) further develops the faculty member professionally and (b) does not interfere with duties and responsibilities to the institution. 4.4.

If the status of a faculty member changes from non-tenure-track, clinicaltrack, instructional specialist, librarian-track, or term to tenure-track, the time spent at the institution may, at the discretion of the institution, be counted as part of the tenure-track period. 4.5 The instructional specialist will be employed minimally on a nine-month

basis with an hourly work load as determined by the appropriate department or institutional official. The instructional specialist may be responsible for the delivery of instruction (both credit and noncredit), providing program support, conducting program development, and other administrative tasks determined by the appropriate department or institutional official. ### §135-9-5. Joint Institutional Appointments. 5.1.

Faculty members may be appointed to perform academic duties at two or more public institutions of higher education in West Virginia, which duties may include teaching, research, counseling, or other services. For administrative purposes, one institution shall be designated the faculty member's "home institution," which institution shall be responsible for granting promotions, raises in salary, and tenure: Provided, however, that when cause therefore shall occur, appropriate counseling, disciplinary action, and the like shall be the responsibility of the institution where the occurrence arose. 5.2.

The conditions and the details of the faculty member's joint appointment, including the designation of the "home institution," and any other arrangements, shall be specified in the agreement between the faculty member and the institutions sharing the faculty member's services. A joint appointment will be made only with consent of the faculty member. 5.3.

Full-time faculty members appointed under joint or contractual appointments shall continue to be considered full-time employees of the "home institution." ### §135-9-6. Emeritus Status. 6.1.

Emeritus status is an honorary title that may be awarded to a retiring faculty member or administrator for extended meritorious service. Each institution shall establish a policy regarding emeritus status and file the policy with the Council for Community and Technical College Education.

There is no salary or emolument attached to the status other than such privileges as the institution may wish to extend. ### §135-9-7. Promotion in Rank. 7.1.

Within the following framework, each institution shall establish, in cooperation with the faculty or duly-elected representatives of the faculty, guidelines and criteria for promotion in rank for tenured, tenure-track, clinical-track, instructional specialist, librarian-track, term, and nontenure-track faculty:

7.1.1. There shall be demonstrated evidence that promotion is based upon a wide range of criteria, established by the institution in conformance with this document and appropriate to the mission of the institution. Examples appropriate to some institutions might be excellence in teaching; publications and research; professional and scholarly activities and recognition; professional development; accessibility to students; adherence to professional standards of conduct; effective service to the institution, college, or department; significant service to the community; experience in higher education and at the institution; possession of the earned doctorate, special competence, or the highest earned degree appropriate to the teaching field; continued professional growth; and service to the people of the State of West Virginia. Ultimate authority regarding the application of guidelines and criteria relating to promotion shall rest with the institution. 7.1.2.

There shall be demonstrated evidence that, in the process of making evaluations for promotions, there is participation of persons from several different groups, such as peers from within and without the particular unit of the institution, supervisory administrative personnel such as the department/division chairperson and the dean, and students.

7.1.3. There shall be no practice of granting promotion routinely or solely because of length of service, or of denying promotion capriciously.

7.1.4. The institution shall provide copies of its institutional guidelines and criteria for promotion to the Council for Community and Technical College Education and shall make available such guidelines and criteria to its faculty. 7.2.

Promotion shall not be granted automatically, but shall result from action by the institution, following consultation with the appropriate academic units. ### §135-9-8. Faculty Resignations. 8.1.

A faculty member desiring to terminate an existing appointment during or at the end of the academic year, or to decline reappointment, shall give notice in writing at the earliest opportunity. Professional ethics dictate due consideration of the institution's need to have a full complement of faculty throughout the academic year. ### §135-9-9. Tenure. 9.1.

Tenure is designed to ensure academic freedom and to provide professional stability for the experienced faculty member. It is a means of protection against the capricious dismissal of an individual who has served faithfully and well in the academic community. Continuous selfevaluation, as well as regular evaluation by peer and administrative personnel, is essential to the viability of the tenure system. Tenure should never be permitted to mask irresponsibility, mediocrity, or deliberate refusal to meet academic requirements or professional duties and responsibilities. Tenure applies to those faculty members who qualify for it and is a means of making the profession attractive to persons of ability.

There shall be demonstrated evidence that tenure is based upon a wide range of criteria such as excellence in teaching; publications and research; professional and scholarly activity and recognition; professional development; accessibility to students; adherence to professional standards of conduct; effective service to the institution, college and department; significant service to the community; experience in higher education and at the institution; possession of the earned doctorate, special competence, or the highest earned degree appropriate to the teaching field; continued professional growth; and service to the people of the State of West Virginia. Ultimate authority regarding the application of guidelines and criteria relating to tenure shall rest with the institution. 9.2.

In making tenure decisions, careful consideration shall be given to the tenure profile of the institution, projected enrollment patterns, staffing needs of the institution, current and projected mission of each department/division, specific academic competence of the faculty member, and preservation of opportunities for infusion of new talent. The institution shall be mindful of the dangers of losing internal flexibility and institutional accountability to the citizens of the State as the result of an overly tenured faculty. 9.3.

In order to be fully responsive to the changing needs of their students and clients, the goal in the appointment of faculty is to limit the number of tenured and tenure-track faculty to no more than twenty percent of fulltime faculty employed by the respective community and technical college.

9.3.1. Full-time term faculty are eligible for reappointment, although no number of appointments shall create any presumption of the right to appointment as tenure-track or tenured faculty. A single appointment shall not exceed three years.

9.3.2. The employment standing of tenured and tenure-track faculty holding appointment at each of the community and technical colleges at the time of the implementation of this policy shall not be affected. 9.4.

Tenure shall not be granted automatically, or solely because of length of service, but shall result from action by the institution, following consultation with appropriate academic units. 9.5.

Tenure may be granted at the time of the appointment by the institution, following consultation with appropriate academic units. 9.6.

Tenure may be attained only by faculty who hold the rank of Assistant Professor or above. 9.7.

A faculty member who has been granted tenure shall receive yearly renewals of appointment unless dismissed or terminated for reasons set forth in Sections 12, 13, or 14 of this policy. ### §135-9-10. Tenure-Track Status.

10.1. When a full-time faculty member is appointed on other than a clinicaltrack, instructional specialist, librarian-track, term, non-tenure-track or tenured basis, the appointment shall be tenure-track. 10.2.

During the tenure-track period, the terms and conditions of every reappointment shall be stated in writing, with a copy of the agreement furnished the individual concerned. 10.3.

The maximum period of tenure-track status normally shall not exceed seven years. Before completing the penultimate year (the Acritical year) of a tenure-track appointment, any nontenured faculty member shall be given written notice of tenure, or offered a one-year written terminal contract of employment. During the tenure-track period, faculty members may be granted tenured appointment before the sixth year of service, such appointment to be based upon criteria established by the institution and copies provided to the Council.

10.3.1. Institutions may establish policies to accommodate unusual situations, such policies to be approved by the governing board and reported to the Council. 10.4.

During the tenure-track period, contracts shall be issued on a year-to-year

basis, and appointments may be terminated at the end of the contract year.

During said tenure-track period, notices of nonreappointment may be issued for any reason that is not arbitrary, capricious, or without factual

basis. Any documented information relating to the decision for nonretention or dismissal shall be provided promptly to the faculty member upon request. 10.5.

For those appointed on or before March 8, 2003, after the decision regarding retention or nonretention for the ensuing year has been made by the institution's president or designee, the tenure-track faculty member shall be notified in writing of the decision:

10.5.1. By letter postmarked and mailed no later than December 15 of the second academic year of service; and

10.5.2. By letter postmarked and mailed at least one year before the expiration of an appointment after two or more years of service in the institution.

10.6. For those appointed after March 8, 2003, after the decision regarding retention or nonretention for the ensuing year has been made by the institution's president or designee, the tenure-track faculty member shall be notified in writing of the decision by letter postmarked and mailed no later than March 1.

10.7. Notice of nonretention shall be mailed "Certified Mail-Return Receipt Requested. 10.8.

Failure to provide timely notice of nonretention to tenure-track faculty would lead to the offer of renewal of appointment for an additional year, but would not prejudge further continuation after that additional year. 10.9.

Faculty appointed at times other than the beginning of the academic year may choose to have those periods of appointment equal to or greater than half an academic year considered as a full year for tenure purposes only.

Tenure-track appointments for less than half an academic year may not be considered time in probationary status.

10.10. Following receipt of the notice of nonretention, the faculty member may appeal such nonretention decision by requesting a statement of reasons and then filing a grievance as provided in Section 15 of this policy. The request for a statement of reasons shall be in writing and mailed to the president or designee within ten working days of receipt of the notice of nonretention. ### §135-9-11. Faculty Evaluation.

11.1. All faculty shall receive a yearly written evaluation of performance directly related to duties and responsibilities as defined by the institution.

11.2. Evaluation procedures shall be developed at the institutional level and a copy sent to the Council and filed in the Central Office. Such procedures must be multidimensional and include criteria such as peer evaluations, student evaluations, and evaluations by immediate supervisors. ### §135-9-12. Dismissal.

12.1. Causes for Dismissal: The dismissal of a faculty member shall be effected only pursuant to the procedures provided in these policies and only for one or more of the following causes:

12.1.1. Demonstrated incompetence or dishonesty in the performance of professional duties, including but not limited to academic misconduct;

12.1.2. Conduct that directly and substantially impairs the individual's fulfillment of institutional responsibilities, including but not limited to verified instances of sexual harassment, or of racial, gender-related, or other discriminatory practices;

12.1.3. Insubordination by refusal to abide by legitimate reasonable directions of administrators;

12.1.4. Physical or mental disability for which no reasonable accommodation can be made, and that makes the faculty member unable, within a reasonable degree of medical certainty and by reasonably determined medical opinion, to perform assigned duties;

12.1.5. Substantial and manifest neglect of duty; and

12.1.6. Failure to return at the end of a leave of absence.

12.2. Notice of Dismissal for Cause: The institution shall initiate proceedings by giving the faculty member a written dismissal notice by certified mail, return receipt requested, which dismissal notice shall contain:

12.2.1. Full and complete statements of the charge or charges relied upon; and

12.2.2. A description of the appeal process available to the faculty member.

12.3. Prior to giving the faculty member a written dismissal notice, the institution shall notify the faculty member of the intent to give the written dismissal notice, the reasons for the dismissal, and the effective date of the dismissal. The faculty member shall have an opportunity to meet with the institutional designee prior to the effective date to refute the charges. 12.4.

Faculty who refuse to sign or execute an offered annual contract or notice of appointment or reappointment by the date indicated by the institution for its execution, or who fail to undertake the duties under such document at a reasonable time, shall be deemed to have abandoned their employment with the institution and any rights to tenure or future appointment. Faculty objecting to terms of such document do not waive their objections to such terms by signing or executing the document. ### §-135-9-13 Termination Because of Reduction or Discontinuance of an Existing Program.

13.1. A tenured or tenure-track faculty member's appointment may be terminated because of the reduction or discontinuance of an existing program at the institution as a result of a review of the program, in accordance with the appropriate rule relating to review of academic programs, provided no other program or position requiring equivalent competency exists. If, within two years following the reduction or discontinuance of a program, a position becomes vacant for which the faculty member is qualified, the institution shall make every effort to extend first refusal to the faculty member so terminated.

13.1.1. Every effort should be made to reassign an individual to instructional or noninstructional duties commensurate with the faculty member's training and experience, and offers of release time or leaves of absence should be made to enable such persons to acquire capabilities in areas in which their services would be required by the institution. Faculty development programs and funds should be used to facilitate such reassignments. 13.2.

Institutional policy for accommodating major reduction in, or discontinuance of, an existing program shall be developed through a collaborative assessment by representatives of administration and faculty, approved by the governing board, and reported to the Policy Commission Council prior to implementation. Institutions should utilize appropriate program change policies.

3.3. Notice of Nonretention Because of Program Reduction or Discontinuance:

The institution shall initiate proceedings by giving a faculty member written notice of such nonretention by certified mail, return receipt requested.

13.4. The dates of formal notification for tenured and tenure-track faculty shall be those specified in Section 10 of this policy. ### §135-9-14. Termination Due to Financial Exigency.

14.1. Termination of Employment Due to Financial Exigency: A faculty member's appointment may be terminated because of a financial exigency, as defined and determined by the institution's governing board.

Institutional plans for meeting a financial exigency shall be developed through a collaborative assessment by representatives of administration and faculty, approved by the governing board, and reported to the Policy Commission Council prior to implementation. Institutions should utilize appropriate program change policies. 14.2.

Notice of Termination Due to Financial Exigency: The institution shall initiate proceedings by giving the faculty member written notice of termination by certified mail, return receipt requested, which notice shall contain:

14.2.1. A delineation of the rationale used for the determination of a financial exigency;

14.2.2. A copy of the implementation procedures used by the institution related to the financial exigency and a delineation of the rationale used for the termination of the faculty member; and

14.2.3. A description of the appeal process available to the faculty member.

14.3. To the extent financially feasible, the dates of formal notification for tenured and tenure-track faculty shall be those specified in Section 10 of this policy. ### §135-9-15. Faculty Grievance Procedure.

15.1. A faculty member wishing to grieve or appeal any action of the institution or governing board may utilize the procedures set out in W. Va. Code §29- 6A. ### §135-9-16. Informal Procedures for Conflict Resolution.

16.1. Each institution may provide alternative procedures to those set out in West Virginia Code §29-6A for the resolution of conflicts. ### §135-9-17. Notification of Terms and Conditions of Faculty Appointments.

7.1. Institutions have a large measure of flexibility in determining the form and style whereby faculty are notified each year of the terms of their appointment. When an initial appointment is made, however, or when the conditions of the appointment change, it is crucial that the faculty member be fully informed of the terms and conditions of employment. While a formal contract may not be necessary each year, the institution may choose one of several means of notifying faculty about their appointments: a personal letter, a formal contract, or a combination of a letter with a standard contract attached. 17.1.1 Community and technical colleges may offer each year to their full-time term faculty contracts of up to three years' duration, subject to the conditions stated in Sections 3, 4, and 9 of this policy.

17.2. The letter of appointment or contract should state the following:

17.2.1. That the appointment (to the specified position) is offered in accordance with the provisions of institutional policy, and (if applicable) of the institution's faculty handbook or other publication.

17.2.2. That the appointment is tenured, tenure-track, clinical-track, instructional specialist, librarian-track, term, or non-tenure-track as defined in this policy.

17.2.3. That the rank (in case of a tenured, clinical-track, term, or tenuretrack appointment) is Professor, Associate Professor, Assistant Professor, or Instructor, including a clinical-track designation, as appropriate, or

17.2.4. That the rank (in case of a librarian-track appointment) is Librarian or Professor/Librarian, Associate Librarian or Associate Professor/Librarian, Assistant Librarian or Assistant Professor/Librarian, or Staff Librarian or Instructor/Librarian.

17.2.5. That the rank (in case of an Instructional Specialist appointment) is Professor/Instructional Specialist, Associate Professor/Instructional Specialist, Assistant Professor/Instructional Specialist, or Instructor/Instructional Specialist.

17.2.6. That the appointment is full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time with the FTE identified.

17.2.7. That it is a terminal contract (whenever appropriate).

17.2.8. That it is a joint appointment with another institution (whenever appropriate), with the home institution specified.

17.2.9. The beginning and ending dates of the appointment.

17.2.10. For tenure-track appointments, the academic year in which tenure must be awarded (the "critical year").

17.2.11. The total salary for the appointment.

17.2.12. That, consistent with the provisions of this policy, employment is subject to the fulfillment of the duties and responsibilities of the position.

17.2.13. That the specific assignments of the position will be determined by the institution. 17.2.14.

That any special conditions that are included in the appointment be made a part of the contract only if they are signed by the faculty member and the designated representative of the institution.

17.2.15. That acceptance of the appointment will be specified by the faculty member's signing, dating, and returning a copy of the letter or contract to the designated representative of the institution within a reasonable time, which should be specified.

17.3. Renewal letters, or letters that simply inform the faculty member of a change in salary, need not contain all of the information listed above, but it is appropriate to refer to the earlier letter or contract.

CTCS

COMMUNITY AND TECHNICAL

COLLEGE SYSTEM OF WV ## WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION Nelson B. Robinson Jr., Chair . James L. Skidmore, Chancellor ## SUMMARY Title 135 Procedural Rule WV Council for Community and Technical College Education Series 9 Academic Freedom, Professional Responsibility, Promotion, and Tenure This policy relates to academic freedom and responsibility, appointment, promotion, tenure, non-reappointment or dismissal of faculty, and grievance procedures for matters pertaining to faculty. The policy sets forth the major elements which need to be incorporated by institutional Boards of Governors as they formulate institutional policy relating to faculty issues. Each Board of Governors shall develop a policy on faculty matters for its institution as set forth in this West Virginia Council for Community and Technical College Education statement and shall file its policy with the Chancellor. ## APPENDIX B FISCAL NOTE FOR PROPOSED RULES

Rule Title:

Academic Freedom, Professional Responsibility, Promotion, and Tenure Type of Rule: ☐ Legislative ☐ Interpretive ☒ Procedural Agency:

WV Council for Community and Technical College Education Address: 1018 Kanawha Blvd., East, Suite 700 Charleston, WV 25301 Phone Number: 558-2065 Email: skidmore@wvctcs.org Fiscal Note Summary Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.

None Fiscal Note Detail Show over-all effect in Item 1 and 2 and, in Item 3, give an explanation of Breakdown by fiscal year, including long-range effect.

FISCAL YEAR

Effect of Proposal Current Increase/Decrease (use "-")

Next Increase/Decrease (use "-")

Fiscal Year (Upon Full Implementation)

1. Estimated Total Cost Personal Services Current Expenses Repairs & Alterations Assets Other 2. Estimated Total Revenues

Rule Title: Academic Freedom, Professional Responsibility, Promotion, and Tenure 3.

Explanation of above estimates (including long-range effect):

Please include any increase or decrease in fees in your estimated total revenues.

NA ## MEMORANDUM

Please identify any areas of vagueness, technical defects, reasons the proposed rule would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.

This policy relates to academic freedom and responsibility, appointment, promotion, tenure, nonreappointment or dismissal of faculty, and grievance procedures for matters pertaining to faculty. The policy sets forth the major elements which need to be incorporated by institutional Boards of Governors as they formulate institutional policy relating to faculty issues.

Date: 12/22/18 Signature of Agency Head or Authorized Representative

Series 10 Policy Regarding Program Review

W. Va. Code R. § 135-10-1 General

1.1. Scope. -- This rule delineates the responsibilities of the institutional governing boards and the Council for Community and Technical College Education in the review of existing academic programs.

1.2. Authority. -- W. Va. Code §18B-2B-6, 18B-1-3(h)(2).

1.3. Filing Date. -- August 26, 2005.

1.4. Effective Date -- September 30, 2005.

W. Va. Code R. § 135-10-2 Basis of Program Review Process

2.1. W. Va. Code §18B-2B-6 and 18B-2A-4 delineate responsibilities for the review of academic programs. Each institutional governing board has the responsibility to review at least every five years all programs offered at the institution(s) of higher education under its jurisdiction and in the review to address the viability, adequacy, necessity, and consistency with mission of the programs to the institutional master plan, the institutional compact, and the education and workforce needs of the responsibility district. Additionally, each governing board as part of the review is to require the institution(s) under its jurisdiction to conduct periodic studies of graduates and their employers to determine placement practices and the effectiveness of the education experience. The Council for Community and Technical College Education has the responsibility for review of academic degree programs, including the use of institutional missions as a template to assure the appropriateness of existing programs and the authority to implement needed changes.

2.2. For the purpose of this document, a "program" is defined as curriculum or course of study in a discipline specialty that leads to a certificate or degree.

W. Va. Code R. § 135-10-3 Assumptions Used in Developing the Review Process

3.1. A rational and comprehensive program review process requires differentiation among levels of degrees. The process, criteria, and standards for associate degree programs will differ significantly from those applied to graduate programs.

3.2. The program review process must be accomplished within the limits of available staff and resources.

3.3. A continuous auditing process allowing for early identification of programs that need particular scrutiny is required to permit changes to be anticipated, appropriate intervention to take place, and corrective action to be accomplished within normal institutional planning efforts.

3.4. A readily accessible computerized data base should be available to support the program review process.

W. Va. Code R. § 135-10-4 Program Review Levels

4.1. The program review process will provide for a review and evaluation of all programs leading to a certificate or degree at the institution. The institutional governing board will constitute a committee or committees to review appropriate programs during a given year. The institution will draft, in accord with the appropriate governing boards’ guidelines, a self-study. The governing board will report to the Chancellor, by May 31, the results of the program reviews conducted each academic year. The Council for Community and Technical College Education, through its staff or other appropriate entities, shall review annually the program review actions reported by each institution. The Council may modify any institutional action consistent with its authority for review of academic programs.

4.1.1. Program Review by the Institutional Board of Governors - The purpose of the appropriate Board review, conducted on a regular five-year cycle, will be to conduct an in-depth evaluation of the viability of, adequacy of, necessity for each academic program, consistent with the mission of the institution. Comprehensive institutional self-studies conducted in compliance with accreditation or institutional processes and completed within the previous 60 months may be used to provide the base line data for the review, with any necessary updating of factual information or interim reports to the accrediting body.

Programs that are accredited by specialized accrediting or approving agencies (for disciplines for which such agencies exist) recognized by the Federal Government and/or the Council on Higher Education Accreditation shall be considered to have met the minimum requirements of the review process with respect to adequacy. For programs so accredited or approved, institutions shall submit: the comprehensive institutional self-study conducted in compliance with the accreditation or approval process, a copy of the letter containing the conferral of accreditation or approval and a documented statement from the chief academic officer regarding program consistency with mission, viability and necessity. In preparing the institutional self-study, each institution will utilize a collaborative process which includes faculty, students and administrators.

4.1.2. Program Review by the Council - The Council has the responsibility for review of academic programs including the use of institutional missions as a template to assess the appropriateness of existing programs and the authority to implement needed changes. The reports on actions resulting from program review at each institution shall be reviewed by the staff of the Council. The review will focus on the appropriateness of the institutional action, particularly as the actions relate to adequacy, viability, necessity and consistency with institutional mission for each program. The Council staff may request a copy of the self-study or other supporting materials, if deemed essential. If the Council staff concludes that the institutional program review action should be modified, the staff shall consult with the president or designee to reach consensus on the appropriate steps. Should a consensus and agreement not be reached, the matter would be referred to the Council for resolution.

4.1.3. Institutional personnel, external consultants, and the staff of the appropriate Board of Governors will be involved in establishing the criteria, standards, and process of evaluation, and in interpreting the information resulting from the review. It is the responsibility of the institution to assure that the program review process is carried out objectively and that persons external to the academic unit in which the program is housed and/or external to the institution participate in the review. To ensure that each program is reviewed at least once every five years, consistent with statutory requirements, the appropriate Board of Governors will select approximately 20 percent of all programs for review each year. For each program identified for review, the institution will develop a self-study statement addressing the following items.

4.1.3.1. Viability - Viability is tested by an analysis of unit cost factors, sustaining a critical mass, and relative productivity. Based upon past trends in enrollment, patterns of graduates, and the best predictive data available, the institution shall assess the program's past ability and future prospects to attract students and sustain a viable, cost-effective program.

4.1.3.2. Adequacy - The institution shall assess the quality of the program. A valuable (but not the sole) criterion for determining the program's adequacy is accreditation by a specialized accrediting or approving agency recognized by the Federal Government or the Council for Higher Education Accreditation. The institution shall evaluate the preparation and performance of faculty and students, and the adequacy of facilities.

4.1.3.3. Necessity - The dimensions of necessity include whether the program is necessary for the institution's service region, and whether the program is needed by society (as indicated by current employment opportunities, evidence of future need, rate of placement of the programs' graduates). Whether the needs of West Virginia justify the duplication of programs in several geographic service regions shall also be addressed.

4.1.3.4. Consistency With Mission - The program shall be a component of, and appropriately contribute to, the fulfillment of the institutional and system missions. The review should indicate the centrality of the program to the institution, explain how the program complements other programs offered, and state how the program draws upon or supports other programs. Both institutional aspects of the program should be addressed. The effects (positive or negative) that discontinuance of the program might have upon the institution's ability to accomplish its mission should be stated.

4.1.4. Special Program Review - Either the Council or the appropriate Board of Governors may request at any time that special program reviews be conducted for a given purpose. Formal strategies for conducting such reviews will be developed, consistent with the purpose of the review.

W. Va. Code R. § 135-10-5 Possible Outcomes

5.1. Institutional Recommendation - The appropriate Board of Governors’ five-year cycle of program review will result in a recommendation by the institution for action relative to each program under review. The institution is clearly obligated to recommend continuation or discontinuation for each program reviewed. If recommending continuation, the institution should state what it intends:

5.1.1. Continuation of the program at the current level of activity, with or without specific action;

5.1.2. Continuation of the program at a reduced level of activity (e.g., reducing the range of optional tracks) or other corrective action.

5.1.3. Identification of the program for further development; or

5.1.4. Development of a cooperative program with another institution, or sharing of courses, facilities, faculty, and the like.

5.1.5. If it recommends discontinuance of the program, then the provisions of Council policy on approval and discontinuance of academic programs will apply.

5.1.6. For each program, the institution will provide a brief rationale for the observations, evaluation, and recommendation. These should include concerns and achievements of the program. The institution will also make all supporting documentation available to the Council upon request.

5.2. Committee Recommendation - The appropriate Institutional Program Review Committee will develop a recommendation for action and present it to the institutional Board of Governors for action and referral to the Council.

5.2.1. The committee may make recommendations that go beyond those also. The committee may request additional information and may recommend continuance on a provisional basis and request progress reports.

5.3. Appeals Committee and the Appeals Process - Any disagreement between a final recommendation of the Institutional Program Review Committee and the recommendation of the academic unit may be appealed to an institutional Program Review Appeals Committee.

135CSR10

135CSR10

Series 11 Degree Designation, General Education Requirements, New Program Approval, and Discontinuance of Existing Programs

W. Va. Code R. § 135-11-1 General

1.1. Scope. -- This rule establishes standards for community and technical colleges to determine the appropriate degree designation for academic programs and the general education requirements for the respective degrees. Additionally, this rule delineates the responsibilities of the West Virginia Council for Community and Technical College Education in the approval and discontinuance of academic programs and establishes processes for institutions in seeking Council approval of new academic programs.

1.2. Authority. -- W. Va. Code §18B-2B-6.

1.3. Filing Date. -- January 15, 2020.

1.4. Effective Date. -- February 15, 2020.

W. Va. Code R. § 135-11-2 Purpose

2.1. Certificate and associate degree programs are central to the mission of community and technical colleges. They are a means through which the institution develops and maintains integrity in its educational programs. Appropriately defined, these degrees become an integrating force for the institution, set academic standards and goals for achievement of students, and establish the relationship between the college and other institutions at community college and baccalaureate college levels.

The associate degree program establishes the community college vision of what it means to be an educated person and affirms the college’s commitment to program coherence, continuity, and student success. Awarding the associate degree is a way by which an institution indicates the student has completed a program of academic development and has achieved a level of performance reflected in student learning outcomes sufficient to progress to upper division collegiate work or to enter directly into specific occupations in the workplace. The associate degree is recognized by baccalaureate degree-granting institutions and by employers as a critical indicator a student has demonstrated proficiencies at levels deemed appropriate to enter upper-division college programs or to enter a field of work. Certificate and associate degree programs must consist of a coherent and sequenced set of courses, including an evaluation procedure that assesses the outcomes of the learning process.

All degree programs must include a complement of general education requirements appropriate to the level of the degree. Therefore, it is the purpose of this policy to adopt and require the use of nationally standardized nomenclature regarding certificate and associate degrees and the nationally promulgated standards for the general education components of the respective degrees. It is the goal of this policy to ensure a common understanding of the associate degrees awarded by West Virginia community and technical colleges; to promote the transferability and portability of degrees among the colleges and with baccalaureate degree granting institutions; and to foster recognition of the degrees as a respected credential for employment.

The West Virginia Council for Community and Technical College Education is charged by statute with general authority for academic program approval for West Virginia community and technical colleges. To facilitate the discharge of these responsibilities, the procedures and format included within this rule shall be followed by each institution in submitting to the chancellor for consideration by the Council proposals to establish academic programs.

W. Va. Code R. § 135-11-3 Degree Designations

3.1. Degree program: A degree program is an area of study approved as such by the institution and the Council and listed on the official Council inventory of degree programs, e.g. Business, Criminal Justice, and General Studies. The degree, which is an award signifying a rank or level of educational attainment and which is conferred on students who have successfully completed a degree program, is represented by the official degree designation, e.g. A.A. - Associate in Arts, A.S. - Associate in Science, A.F.A. - Associate in Fine Arts, or A.A.S. - Associate in Applied Science. The degree program completed would be listed on the student’s diploma.

There are nationally recognized associate degree designations adopted for use. Each has a specific purpose and declares the specific intent of those who framed the academic program requirements. The respective degree designations communicate clearly the primary, predetermined goal for the preparation of the student. Associate degrees require a maximum of sixty-credit hours unless otherwise required by accrediting agencies for completion of the degree and the certificate degree requires a maximum of thirty-credit hours for completion unless otherwise required by accrediting agencies.

The curriculum is the foundation of certificate and associate degree programs. For students to earn the degrees, the program must consist of a coherent and sequenced set of courses, including an evaluation procedure that assesses the outcomes of the learning process. The program must state the proficiency outcomes required for the students to transfer to baccalaureate institutions and/or achieve career goals.

Certificate and associate degree programs must include a full complement of general education requirements appropriate to the level of the degree, including essential communication and computation skills.

3.1.1. The Associate in Arts (AA) degree. The purpose and intent of this degree are to prepare the student to transfer to an upper division baccalaureate degree program. It gives emphasis to those majoring in the arts, humanities, social sciences, and similar areas. While a student may enter directly into employment upon attainment of this degree, the goal of programs that award this degree is successful transfer with junior status.

3.1.1.a. General Education. For successful transfer with program emphasis in arts, humanities, social sciences, and similar areas, a substantial component of this degree, at least 24 semester hours of coursework, shall be in general education.

3.1.2. The Associate in Science (AS) degree. The purpose and intent of this degree are to prepare the student to transfer to an upper division baccalaureate degree program. It gives emphasis to those majoring in the areas with substantial undergraduate requirements in mathematics, natural sciences, and similar areas. While a student may enter directly into employment upon attainment of this degree, the goal of programs that award this degree is successful transfer with junior status.

3.1.2.a. General Education. For successful transfer with program emphasis in agriculture, engineering and technology, and the sciences with a substantial undergraduate requirement in mathematics and the natural sciences, a large component of this degree, at least 24 semester hours of coursework shall be in general education.

3.1.3. The Associate in Fine Arts (AFA) degree. The dual purpose and intent of this degree is to prepare students to enter directly into employment in a specific art-related career while also preparing students for transfer to an upper division baccalaureate program. It gives emphasis to those majoring in areas with substantial emphasis in the arts. While a student may enter directly into employment upon attainment of this degree, the goal of programs that award this degree is successful transfer with junior status.

3.1.3.a. General Education. For successful transfer with program emphasis in art-related areas, a large component of this degree, at least 24 semester hours of coursework shall be in general education.

3.1.4. The Associate in Applied Science (AAS) degree. The purpose and intent of this degree are to prepare the student to enter directly into employment in a specific career. It gives emphasis to those majoring in occupational programs designed with and through employer advisory committees. It is the goal of this degree to achieve acceptance as an employment credential. While a student may be able to achieve successful transfer of some or all the courses within this degree, the goal of programs that award this degree is successful employment.

3.1.4.a. General Education. For successful entry directly into employment in a specific career and to provide a basic foundation for life-long learning and future career changes, at least 15 semester hours of coursework for this degree shall be in general education unless otherwise required by the accrediting agency. General education shall include communication and computational skills and other general education coursework related to the specific occupational career area.

3.1.5. Certificate in Applied Science Degree [CAS] program. A certificate program in applied science is a coherent, specialized curriculum designed for students in search of a specific body of knowledge for personal/career development or professional continuing education. The purpose and intent of the certificate degree program are to prepare the student to enter directly into employment in a specific career and meet the documented workforce needs of local employers. Generally, certificate programs provide the foundation for the associate in applied science (AAS) degree for occupational programs. Like the AAS degree, the goal of certificates is to achieve acceptance as an employment credential.

3.1.5.a. General Education. As the foundation of the Certificate in Applied Science degree and for successful entry into employment in a specific career, at least 6 semester hours of coursework for the certificate shall be in general education, including essential communication and computation skills.

3.2. Program of Study: A program of study is a defined curriculum within an approved degree program. An institution should include the program of study on the student’s transcript. The program of study is identified by a distinct Classification of Instructional Programs (CIP) code.

3.3. Concentration: Concentrations provide a thematic focus of study that enable the student to spend the time and effort to acquire depth in a particular discipline, in addition to meeting the normal breadth of requirements for the associate degree. A student might choose a concentration to begin early preparation for a specific academic area that they might wish to later pursue in a bachelor degree program. Typically, approximately 12-18 credit hours would be expected for a concentration within an associate degree program. Concentrations should appear on the student’s transcript.

3.4. Advanced Skill Set Certificate: A series of courses or competencies that prepare individuals for a specific skill and carry value of 12 or more but less than 30 credit hours or non-credit contact hours equivalent to 12 or more but less than 30 credit hours.

3.5. Skills Set Certificate: A series of courses or competencies that prepare individuals for a specific skill and carry value fewer than 12 credit hours or non-credit contact hours equivalent to fewer than 12 credit hours.

W. Va. Code R. § 135-11-4 Submission Procedures

4.1. Associate in Arts, Associate in Science, and Associate in Fine Arts academic degree programs with distinct CIP codes: Proposals for approval of new Associate in Arts, Associate in Science, and Associate in Fine Arts academic degree programs require approval from the appropriate Board of Governors and the Council. These associate degree programs are primarily designed as transfer programs. Decisions to establish concentrations or certificate programs within existing associate degree academic programs may be made at the institutional Board of Governors level or may be delegated to the institutional president and do not require external approvals. All changes to existing programs and addition of new programs should be reported to the chancellor.

4.1.1. Timelines for new degree programs: Proposals to add new degree programs shall be submitted to the chancellor at least 60 days prior to the date the Council considers program approval for associate level programs.

4.2. Associate in Applied Science and Certificate in Applied Science programs: New occupational programs may be implemented by the community and technical colleges and do not require the approval of either the institutional governing board or the Council. While the approval of the institutional governing board is not required, it is recommended that the appropriate institutional governing board be consulted. An occupational program may either be an applied associate degree program, certificate program, advanced skill set certificate, or skills set certificate delivered by a community and technical college with the primary intent of preparing the student to enter employment on completion of the program. Institutions shall notify the Office of Academic Affairs a minimum of 45 days prior to implementation of the program with a Notice to Implement letter. The letter shall specify the name of the degree or certificate, list the curriculum and the credentials of the faculty to teach the program. The letter shall also state whether the degree or certificate is deemed eligible for the West Virginia Invests program with an explanation as to how the program qualifies. All changes to existing programs shall be reported to the chancellor.

4.3. Delivery outside of the community and technical college consortia planning district: If a community and technical college desires to offer a program or courses outside its assigned community and technical college consortia planning district, the CTC must first contact the community and technical college(s) assigned to that consortia planning district. If it is not the desire of the assigned community and technical college(s) to offer the requested program or courses, the CTC may offer the specific program or courses. However, if any of the community and technical college(s) assigned to that consortia planning district desires to offer the program or courses, the requesting CTC may not offer the program or courses in that district. Once a decision is made to offer a program or courses outside of the assigned consortia planning district, the community and technical college should notify the chancellor of the agreement reached between the relevant colleges.

4.4. Delivery outside of West Virginia: An institution planning to offer existing academic courses and/or programs at sites outside West Virginia must have the approval of the appropriate out-of-state agency which regulates such offerings, as well as the approval of the Council.

W. Va. Code R. § 135-11-5 Accountability Process

5.1. General Education Curriculum Policy: Each community and technical college shall file with the Council their institutional policy on general education as approved by the respective Board of Governors. Such institutional policy shall address the college’s vision for the common core of learning outcomes that are essential to the definition of an educated person regardless of the field of study undertaken. Such institutional policy shall include the institutional minimum requirements for general education for each certificate and associate degree designation.

5.2. Program Review Component: During the established five-year program review cycle for certificate and associate degrees, each community and technical college shall demonstrate compliance with this Council policy regarding degree designation and general education requirements. Specifically, the institution shall document that the purpose, intent and goals of the program are consistent with the degree designation and the full complement of general education courses support the program learning outcomes.

W. Va. Code R. § 135-11-6 Intent to Plan

6.1. Intent to Plan: An institution must express to the chancellor by a statement of intent to plan a new Associate in Arts or Associate in Science degree program at least 120 days prior to the date when the Council considers approval of the new program. Early consultation allows exploration of such fundamental concerns as needs analyses, consistency with institutional mission, resource requirements, and other issues prior to engaging in extensive and detailed planning. Since community and technical college occupational programs or certificates do not require external approvals, no intent to plan request should be filed for these occupational programs or certificates.

The chancellor and staff will review the statement of intent to plan. Consultants may be used when deemed necessary. Approval of requests to plan shall be made by the chancellor.

Authorization to plan a new academic program does not, however, in any way constitute a commitment on the part of the Council to approve the program at such time as the planning is completed and the program approval request is submitted. The authorization indicates that the program is consistent with the mission of the institution. Planning authorization allows the institution to formulate a proposal for establishment of the new program.

6.2. A request to develop a plan should indicate the projected date of submission of the full proposal and the projected date of implementation. It should also include the following:

6.2.1. A statement describing the educational objectives, the relationship of the objectives to the mission of the institution, and any special features or conditions that make the institution a desirable or unique place to initiate such a program.

6.2.2. A brief description of the program.

6.2.3. A statement describing how the institution will assure high quality standards for the program and maintain a continuing assessment of quality.

6.2.4. A statement listing other institutions in West Virginia that offer similar programs.

6.2.5. A statement on what societal, occupational, research, or public service needs will be met, as well as anticipated student demand for the program.

6.2.6. A statement on what additional resources will be needed to offer the program.

W. Va. Code R. § 135-11-7 Submission Requirements for New Program Proposals

7.1. Once the institution has received notification that the Intent to Plan has been approved, an institution may develop the program proposal. The format of the proposal should follow the sequence of items as they appear on the following pages. Please respond to each item if only to indicate that it is not applicable. Information may be presented in narrative or in outline form or in a combination of the two. Supporting materials such as charts and tables may be included or attached.

The cover page should include the following:

Name of Institution Date Category of Action Required Title of Degree or Certificate Location Effective Date of Proposed Action Brief Summary Statement

7.2. Program Description.

7.2.1. Program Objectives: State the program objectives so that they can be related to the criteria in the evaluation plan.

7.2.2. Program Identification: Each proposal shall include an appropriate program identification as provided in the Classification of Instructional Programs (CIP) developed and published by the U.S. Department of Education Center for Education Statistics.

7.2.3. Program Features: Summarize the important features of the program and include a full catalog description. This section should contain:

7.2.3.a. Admissions and Performance Standards: Describe admissions and performance standards and their relationship to the program objective.

7.2.3.b. Program Requirements: Describe course requirements (indicating new courses with asterisks), areas of emphasis or concentrations, credit-hour requirements, research-tool requirements, examination procedures and other requirements. Also include field work or similar requirements and any other information that helps to describe the program of study.

7.2.4. Program Outcomes: Indicate the expected results of the program and, if this is a proposal for an expanded or modified program, specify how the proposed change may achieve results different from those produced by the current program.

7.2.5. Program content. The proposed educational programs shall be compatible with the institutional mission. The relationship shall be described in documents provided to the Council.

7.2.5.a. The content and length of the proposed academic program shall follow practices common to institutions of higher education. The commonly accepted program length is: 60 semester credits for associate degrees unless otherwise required by the accrediting agency.

7.2.5.b. All proposed A.A. and A.S. undergraduate degree programs shall include a coherent general education component that is consistent with the institution's mission and appropriate to its educational programs. The undergraduate general education component shall be documented.

7.2.5.c. The minimum requirement for general education for all undergraduate programs delivered through the traditional distributed curricula is 15 semester credits for technical associate’s degrees unless otherwise required by the accrediting agency and 24 semester credits for transfer associate’s degrees such as the Associate in Arts, the Associate in Science, and the Associate in Fine Arts, unless otherwise required by the accrediting agency. If the general education component is delivered through integrated, embedded, interdisciplinary, or other accepted models, institutions must demonstrate that the program meets minimum requirements equivalent to the distributed model.

7.2.6. Program Delivery: Describe any instructional delivery methodologies to be employed such as distance education, on-line course delivery, weekend course delivery, or compressed time delivery, etc. Indicate costs associated with distance education or technology-based delivery.

7.3. Program need and justification.

7.3.1. Relationship to Institutional Goals/Objectives: Relate this program to the institution's goals and objectives and the statewide master plan.

7.3.2. Existing Programs: List similar programs (and their locations) offered by other institutions (public or private) in West Virginia. State why additional programs or locations are desirable.

7.3.3. Program Planning and Development: Indicate the history to date of the development and submission of this program proposal. What resources (e.g., personnel, financial, equipment) have already been invested in this program? What planning activities have supported this proposal?

7.3.4. Clientele and Need: Describe the clientele to be served and state which of their specific needs will be met by the program. Indicate any special characteristics, such as age, vocation, or academic background. Indicate manpower needs, interest on the part of industry, research and other institutions, governmental agencies, or other indicators justifying the need for the program.

7.3.5. Employment Opportunities: Present a factual assessment of the employment opportunities that are likely to be available to program graduates. Include data and references supporting this assessment. Indicate the types and number of jobs for which such a curriculum is appropriate.

7.3.6. Program Impact: Describe the impact of this program on other programs that it will support or that will be supported by it.

7.3.7. Cooperative Arrangements: Describe any cooperative arrangements (including clinical affiliations, internship opportunities, personnel exchanges, and equipment sharing) that have been explored.

7.3.8. Alternatives to Program Development: Describe any alternatives to the development of this program that have been considered and why they were rejected.

7.4. Program implementation and projected resource requirements.

7.4.1. Program Administration: Describe the administrative organization for the program and explain what changes, if any, will be required in the institutional administrative organization.

7.4.2. Program Projections: Indicate the planned enrollment growth and development of the new program during the first five years (FORM 1). If the program will not be fully developed within five years, indicate the planned size of the program in terms of degrees and majors or clients served over the years to reach full development of the program.

7.4.3. Faculty Instructional Requirements: Indicate the number, probable rank, experience, and cost of faculty required over the five-year period.

7.4.4. Library Resources and Instructional Materials: Evaluate the adequacy of existing library resources and instructional materials for the proposed program. Estimate the nature and probable cost of additional resources necessary to bring the proposed program to an accreditable level.

7.4.5. Support Service Requirements: Indicate the nature of any additional support services (e.g., laboratories, computer facilities, equipment, etc.) likely to be required by the proposed program. Include the expected costs and describe how such expansions will be incorporated into the institutional budget. Describe any student support services that will be put in place to enhance student retention and successful completion for this new program.

7.4.6. Facilities Requirements: Indicate whether the program will require the addition of new space or facilities or the remodeling or renovation of existing space. If so, provide a statement detailing such plans and space needs and their estimated funding requirements. Describe the impact of this new program on space utilization requirements.

7.4.7. Operating Resource Requirements: Using FORM 2, provide a summary of operating resource requirements by object of expenditure.

7.4.8. Source of Operating Resources: Indicate the source of operating resource requirements if the service levels are to reach those projected in FORM 1. Describe any institutional plans to reallocate resources to the program in each year of the five-year period. Describe the supplementary resource needs that are beyond the usual or expected institutional allocations that are derived through the regular budget request process.

7.5. Program evaluation.

7.5.1. Evaluation Procedures: Indicate the evaluation or review guidelines, procedures, schedule, and assessment measures that will be used for this program. Criteria and standards for program evaluation will vary according to the purpose of the program. The evaluation should address the viability, adequacy, and necessity of the program in relation to the mission of the institution. Both qualitative and quantitative indicators are important. Among the measures may also be the value of the program to the State and its people, its roles in contributing to human development, and its social utility in contributing to the further development of West Virginia.

7.5.2. Accreditation Status: Indicate the accrediting agency for the proposed program, the schedule for initiating and receiving accreditation, and the costs of each stage of the process. Attach to the proposal the statement of standards used by the accrediting agency for such a program and how each accreditation standard will be addressed within the proposed program.

W. Va. Code R. § 135-11-8 Council Review of New Program Proposals

8.1. Review of New Program Proposals: The chancellor's staff will review the proposal and contact the institution if additional information or consultation is required. Any requests for financial support of the program shall be integrated into budget requests for the appropriate year. Questions about the proposal may be raised at the institutional budget hearing.

8.2. Following the review of submitted documentation, Council staff will develop a recommendation for the Council regarding the new program proposal. Only those programs which meet state standards of quality will be recommended for approval. The Council will make the decision as to whether or not to approve the new program.

8.3. All associate degree program proposals and Certificate of Applied Science program proposals implemented under the provisions of Section 4.1 and Section 4.2 of this rule shall be reviewed via a post-approval audit three years after the initial approval was received. The structure of the audit will be determined by Council staff and will include review of such issues as enrollment, retention, adequacy, necessity, viability and consistency with mission.

8.4. Once implemented, per Council for Community and Technical College Education policy, Series 10, Policy Regarding Program Review, the new program must be reviewed at least every five years at the institution(s) of higher education where implemented. In the review process, the following must be addressed: the viability, adequacy, necessity, and consistency with mission of the program to the institutional master plan, the institutional compact, and the education and workforce needs of the responsibility district. Additionally, periodic studies of graduates and their employers to determine placement practices and the effectiveness of the education experience should be conducted.

W. Va. Code R. § 135-11-9 Termination of a Program

9.1. An institution with the approval of its Board of Governors may discontinue a degree or certificate program. In seeking the Board of Governors approval, the president should explain the reason for the proposed action (e.g. lack of enrollment, high cost) and indicate the institution’s plan for assigning the positions and workload of faculty who are involved in the program and the impact on students who are already enrolled. The request to the Board of Governors should describe any plans that may have been made to transfer students, library holdings, equipment, etc. to another institution and indicate any financial savings that would accrue to the institution as a result of the termination. The institution shall also report to the chancellor any termination that is approved by the Board of Governors.

9.2. The West Virginia Council for Community and Technical College Education through the program review process also has the authority to recommend that an academic program be terminated. Per Series 10, Policy Regarding Program Review, every institution is to establish a five-year review cycle that includes all academic programs offered by the institution. At the conclusion of the annual institutional evaluation cycle, which examines such things as the viability, adequacy, necessity and consistency of the program with the institutional mission, the Board of Governors will report to the Chancellor, by May 31, the results of the program reviews conducted each academic year. The Council, through its staff or other appropriate entities, shall review annually the program review actions reported by each institution. The Council has the responsibility for review of academic programs including the use of institutional missions as a template to assess the appropriateness of existing programs and the authority to implement needed changes. The Council may modify any institutional action consistent with its authority for review of academic programs. Accredited programs that meet productivity guidelines will not be subject to further review by the Council.

W. Va. Code R. § 135-11-10 Guidelines for Joint Degree Programs

10.1. Joint degree programs are one common degree program offered jointly by two participating institutions. The student takes courses from both institutions and, upon graduation receives a degree listing both institutions on the diploma or certificate.

10.2. Institutions desiring to offer a joint degree are to contact the Division of Academic Affairs in the Council office prior to beginning negotiations to offer the degree. Negotiations should begin at a minimum of 120 days from planned implementation. Working with the Council office, a memorandum of agreement (MOA) is generated by the two institutions. The MOA should cover topics such as the courses to be offered by each institution, facilities to be provided by each institution, the administrative structure of the program, the financial obligation of each institution and other details necessary for the successful implementation of the joint degree.

10.3. For reporting purposes, the MOA shall denote the percentage of credit for program completers each institution shall receive in state generated graduation reports. It is presumed institutions will split the number of completers in a 50/50 reporting split. However, should there be a significant enrollment disparity between the institutions, the institutions may agree to other mutually agreeable reporting percentages. Each institution shall use enrollment numbers in their own courses as part of their headcount reporting.

10.4. Each institution must contribute coursework to the degree/certificate program with the minimum curricular contribution being 25 percent of the total number of credit hours necessary for completion of the degree/certificate.

10.5. The student shall be admitted to both institutions. However, a “home institution” shall be identified for the student and is responsible for advising, fee and tuition collection, course registration, and administrating other processes necessary to allow the student to successfully complete the course requirements.

10.6. Once the MOA has been signed, it is attached to a program proposal as outlined in section 7 of this document and submitted for approval to the Council.

FORM 1

Page 1 of 1 FIVE-YEAR PROJECTION OF PROGRAM SIZE First Second Third Fourth Fifth Number of Students Served through Course Offerings of the Program:

Headcount:

FTE:

Number of student credit hours generated by courses within the program (entire academic year):

Number of Majors:

Headcount:

FTE majors:

Number of student credit hours generated by majors in the program (entire academic year):

Number of degrees to be granted (annual total):

FORM 2

Page 1 of 2 FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS* First Second Third Fourth Fifth A. FTE POSITIONS 1. Administrators 2. Full-time Faculty 3. Adjunct Faculty 4. Graduate Assistants 5. Other Personnel:

a. Clerical Workers b. Professionals Note: Include percentage of time of current personnel B. OPERATING COSTS (Appropriated Funds Only)

1. Personnel Services:

a. Administrators b. Full-time Faculty c. Adjunct Faculty d. Graduate Assistants e. Non-Academic Personnel:

Clerical Workers Professionals Total Salaries FORM 2 Page 2 of 2 FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS* First (20___)

Second Third Fourth Fifth 2. Current Expenses 3. Repairs and Alterations 4. Equipment:

Educational Equipment Library Books 5. Nonrecurring Expense (specify)

Total Costs C. SOURCES 1. General Fund Appropriations (Appropriated Funds Only) __Reallocation ___New funds (check one)

2. Federal Government (Non-appropriated Funds Only)

3. Private and Other (specify)

Total All Sources Note: Total costs should be equal to total sources of funding *Explain your Method for Predicting the Numbers (Use additional sheet if necessary)

135CSR11

135CSR11

Series 12 Capital Project Management

W. Va. Code R. § 135-12-1 General

1.1. Scope. This rule establishes the policy for the strategic planning, financing, development, and maintenance of public higher education capital assets.

1.2. Authority. -- W. Va. Code §18B-1-6 and §18B-19-17.

1.3. Filing Date. -- March 16, 2023.

1.4. Effective Date. -- April 16, 2023.

1.5. Sunset Date. -- This rule shall terminate and have no further force or effect on April 16, 2028.

W. Va. Code R. § 135-12-2 Purpose

2.1. The purpose of this rule is to provide the West Virginia Council for Community and Technical College Education (Council) and the West Virginia Higher Education Policy Commission (Commission) authority to establish policies and procedures to meet the legislative objective stated in West Virginia Code §18B-1D-3 for the development of a state-level facilities plan and funding mechanism except for the exempt institutions that are not subject to this rule. The plan and funding mechanism must reduce the obligation of students and parents to bear the cost of higher education capital projects and facilities maintenance. The implementation of the plan must result in the following outcomes:

2.1.1. Development by the Council and Commission of a compact with elected state officials to fund a significant portion of higher education capital project needs from dedicated state revenues;

2.1.2. Development by the Council and Commission of a system to establish priorities for institution capital projects in a manner that is consistent with state public policy goals for higher education;

2.1.3. Implementation of facilities maintenance plans by institutions to ensure that maintenance needs are not deferred inappropriately;

2.1.4. Efficient use of existing classroom and other space by institutions, while maintaining an appropriate deference to the value judgments of the institutional governing boards;

2.1.5. New capital funding is applied effectively to projects that have a demonstrated need for new facilities or major renovations;

2.1.6. The cost of operating and maintaining the facilities and physical plants of institutions are appropriate for the size and mission of the institution; and

2.1.7. Capital and facilities maintenance planning that gives careful consideration to the recommendations arising from the committee established by the Joint Committee on Government and Finance for the purpose of making a specific and detailed analysis of higher education capital project and facilities maintenance needs.

W. Va. Code R. § 135-12-3 Definitions

3.1. ADA. Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq.

3.2. Alteration. Projects addressing changing use of space.

3.3. Asset preservation. Projects that preserve or enhance the integrity of building systems or building structure, or campus infrastructure.

3.4. Auxiliary enterprise. An entity that exists to furnish goods or services to students, faculty, staff or others; charges a fee directly related to, although not necessarily equal to, the cost of the goods or services; and is managed as essentially self-supporting.

3.5. Auxiliary facility. A building or structure that is used for an auxiliary enterprise including, but not limited to, residence halls, food services, parking, intercollegiate athletics, faculty and staff housing, student unions, bookstores and other service centers.

3.6. Auxiliary fees. Funds derived from, but not limited to, the following sources:

3.6.1. Parking fees received from any source;

3.6.2. Revenues received from athletic events, including ticket sales, television revenues and skybox fees;

3.6.3. Bookstore revenues except revenues from bookstore commissions from a private entity, which must be set aside for non-athletic scholarship funds;

3.6.4. Student union vendor and user fees;

3.6.5. Donations or grants from any external source;

3.6.6. Facility rental fees; and

3.6.7. Fees assessed to students to support auxiliary enterprises.

3.7. Board of Governors. The board of governors of public higher education institutions not defined as “exempt schools” as defined in this rule.

3.8. Building envelope. Any work done to the exterior of an individual building, including windows, brick repointing, exterior doors and other exterior components.

3.9. Building systems. Any work done on the mechanical, HVAC, electrical, plumbing, and other building systems within individual buildings.

3.10. Capital planning. A purposeful activity that focuses attention on long-term physical plant objectives which should be accomplished in a logical sequence over time as opportunities arise and resources become available.

3.11. Capital project management. Planning, designing, bidding and providing construction administration and oversight of architectural, engineering and construction contracts and projects.

3.12. Capital projects. The construction or renovation of a fixed asset, including buildings, fixed equipment and infrastructure.

3.13. 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.

3.14. Cost. The total dollar amount of a capital improvement including real property acquisition, legal fees, construction and labor, whether consisting of state dollars or alternative third party financing.

3.15. Debt structure. The mix of an institution’s long-term debt. Debt includes bond issues, notes payable and capital leases payable.

3.16. Deferred maintenance. Repair, maintenance and renewal of capital facilities which should be part of normal maintenance management, but which have been postponed to a future budget cycle or until funds become available.

3.17. Economic operations. Projects that result in a reduction of annual operating costs or capital savings.

3.18. Educational and general capital fees. The fees collected from students to pay debt service for capital improvement bonds issued by the Commission and governing boards for educational and general facilities, for the maintenance of those facilities and to fund capital improvements in those facilities on a cash basis.

3.19. Educational and general facility. A building or structure used for instruction and instructional support purposes, and includes classroom, laboratory, library, computer laboratory, faculty and administrative office and other academic support spaces.

3.20. Exempt Schools. 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.

3.21. Extraordinary circumstance. A situation involving life-safety issues, issues that would result in extensive damage to a facility if not addressed immediately, any unforeseen opportunity to use external funds, or any other situation the Council or Commission determines should warrant special consideration.

3.22. Facilities maintenance expenditures. The expenditures for activities related to routine repair and maintenance of buildings and other structures, including normally recurring repairs and preventive maintenance.

3.23. Facilities maintenance to capital expenditure ratios. The annual facilities maintenance expenditures divided by the capital expenditures reported in the institution’s annual financial statements capital assets footnote.

3.24. Grounds infrastructure. Any work done to the hardscape and softscape on campus. Examples include signage, sidewalks, roads and flower beds.

3.25. Governing board, state institution of higher education, and institution under the jurisdiction of the Council or Commission. All state institutions of higher education including Marshall University and West Virginia University and their respective governing boards.

3.26. Life-safety. A condition existing on a campus that, if not corrected immediately, would jeopardize the safety and property of students, faculty, staff and the visiting public.

3.27. Life/Safety/Code. Code compliance issues and institutional safety priorities or items that are not in conformance with current codes, even though the system is “grandfathered” and exempt from current code.

3.28. Maintenance. The work necessary within a budget cycle to realize the originally anticipated life of a fixed asset, including buildings, fixed equipment and infrastructure.

3.29. Modernization. The replacement of components before the end of their life expectancy.

3.30. New construction. The creation of new stand-alone facilities or the creation of an addition to an existing facility.

3.31. Physical plant age ratio. The annual financial statement’s accumulated depreciation divided by depreciation expense. The ratio estimates institutional deferred maintenance as well as the operating efficiency of the existing plant facilities.

3.32. Physical plant package. The type of renovation or improvement.

3.33. Program improvement. Projects that improve the functionality of space, primarily driven by academic, student life and athletic programs or departments. These projects are also issues of campus image and impact.

3.34. Project backlog. The list of capital projects that have not been funded.

3.35. Reliability. Issues of imminent failure or compromise to the system that may result in interruption to program or use of space.

3.36. Repair/Maintenance. The replacement of components that have failed or are failing, or planned replacement at the end of a component’s life expectancy.

3.37. Replacement value. The cost to replace an item on the present market.

3.38. Renovation. Enhancements made to restore or renew a building or building component.

3.39. Space renewal. Any work done on interior spaces that does not impact any of the building’s core systems. This would include painting, carpet replacement, fixture replacement and furniture renewal.

3.40. Staffing ratios. The facilities management staffing ratios defined by the American Association of Physical Plant Administrators to calculate facilities performance indicator.

3.41. State capital funding. Financial resources provided from state government revenues or debt financing exclusive of funds from higher education sources.

3.42. Synthetic financial products. Financial products that are primarily used to manage interest rate risk or asset/liability balance.

3.43. Transitional. Physical facilities that require a full renovation, adaptive reuse or demolition.

3.44. Utility infrastructure. Projects completed on components of the energy distribution systems outside of the building. This would include steam lines, central plant, water lines and electrical lines and other utility components.

W. Va. Code R. § 135-12-4 System Capital Development Planning

4.1. By December 31, 2017, the Council and Commission shall, jointly or separately, develop a system capital development oversight policy for approval by the Legislative Oversight Commission on Education Accountability. This oversight policy must include the following constraints:

4.1.1. State capital funding will focus on educational and general capital improvements, not capital projects.

4.1.2. Renovations of existing buildings will generally receive greater consideration for state funding than new construction.

4.1.3. Institutions will fund maintenance and deferred maintenance needs as the Legislature increases funding for new education and general capital improvements and major renovations and supplants existing educational and general debt.

4.1.4. The effect of additional debt loads on students and the financial health of institutions will be considered.

4.1.5. State capital funding and institutional capital fees will be used primarily for maintenance and deferred maintenance needs.

4.1.6. Institutions will not be rewarded with state capital funding if they neglect to address facilities maintenance needs or do not prudently manage their capital resources.

4.2. At a minimum, the system capital development oversight policy will include the following:

4.2.1. System goals for capital development.

4.2.2. An explanation of how system capital development goals align with established state goals, objectives and priorities and with system master plans.

4.2.3. A description of how the Council and Commission will prioritize their recommendations for prioritizing capital projects for state funding based on their ability to further state goals, objectives and priorities and system capital development goals. The following data elements will be used for this process:

4.2.3.a. Physical plant needs segregated by the following asset groups:

4.2.3.a.1. Education and General.

4.2.3.a.2. Auxiliary.

4.2.3.a.3. Transitional.

4.2.3.b. Physical plant needs by project category:

4.2.3.b.1. Repair/Maintenance.

4.2.3.b.2. Modernization.

4.2.3.b.3. Alteration.

4.2.3.b.4. New Construction.

4.2.3.c. Physical plant investment needs segregated by the following categories:

4.2.3.c.1. Reliability.

4.2.3.c.2. Asset Preservation.

4.2.3.c.3. Program Improvement.

4.2.3.c.4. Economic Operations.

4.2.3.c.5. Life/Safety/Code.

4.2.3.c.6. New Construction.

4.2.3.d. Physical plant package needs segregated by the following categories:

4.2.3.d.1. Building Envelope.

4.2.3.d.2. Building Systems.

4.2.3.d.3. Life/Safety/Code.

4.2.3.d.4. Space Renewal.

4.2.3.d.5. Utility Infrastructure.

4.2.3.d.6. Existing Grounds Infrastructure.

4.2.c.4.G. New Construction.

4.2.4. A building renewal formula to calculate a dollar benchmark that shall be collected annually and invested in facilities to minimize deferred maintenance and to provide the Council and Commission objective information to determine if the investments in maintenance are occurring. The following components will be included in the formula:

4.2.4.a. A net asset value for each building determined by using the following formula:

4.2.4.b. Space utilization percentage.

4.2.4.c. Square feet.

4.2.4.d. Needs segregated by:

4.2.4.d.1. Asset Group.

4.2.4.d.2. Project Category.

4.2.4.d.3. Investment Needs.

4.2.4.e.4. Physical Plant Package.

4.2.4.e. Funding will be prioritized for each institution in accordance with institutional plans confirmed by the Commission or approved by the Council.

4.2.4.f. Facility utilization rates will be an important factor in prioritizing capital projects across the systems.

4.2.4.g. Institutions with overall net asset values and capacity utilization rates that exceed or equal thresholds set annually by the Council and Commission are the presumptive priority for new facilities. If these projects do not replace an existing facility, they would be included in the Program Improvement category.

4.2.4.h. Capital project funds will be distributed to institutions for capital projects in the following investment category order:

4.2.4.h.1. Reliability.

4.2.4.h.2. Life/Safety/Code. 4.2.4.h 3. Asset Preservation.

4.2.4.h.4. Program Improvement.

4.2.4.h.5. Economic Operations.

4.2.4.h.6. New Construction.

4.2.4.i. Institutions may request funding for new facilities that replace aged and obsolete structures. The investment categories will be used to analyze the cost of the improvements resulting from the new construction.

4.2.4.j. An aggregate net asset value percentage change resulting from the proposed funding will be calculated for each institution.

4.2.5. A process for governing boards to follow in developing and submitting campus development plans to the Council for approval and confirmation by the Commission; and

4.2.6. A process for governing boards to follow to ensure that sufficient revenue is generated for and applied toward facilities maintenance. This process will incorporate the following benchmark comparisons:

4.2.6.a. Facilities maintenance expenditures.

4.2.6.b. Facilities maintenance to capital expenditure ratios.

4.2.6.e. Net Asset Value.

4.2.6.f. Facility staffing ratios.

4.2.6.g. Physical plant age ratios.

4.3. The system capital development plan shall be created in consultation with governing boards and appropriate institution staff. Before approving the system capital development plan, the Council and Commission shall afford interested parties an opportunity to comment on the plan through a notice-and-comment period of at least thirty days.

4.4. The Council and Commission shall update its system capital development plan at least once in each ten-year period.

W. Va. Code R. § 135-12-5 Campus Development Plan

5.1. Each governing board shall update its current campus development plan and submit the updated plan to the Council for approval or the Commission for confirmation. A campus development plan shall be developed for a ten-year period and shall align with criteria specified in the following sources:

5.1.1. The system capital development oversight policy;

5.1.2. The institution's approved master plan and compact; and

5.1.3. The current campus development plan objectives.

5.2. Campus development plans are intended to be aspirational; however, an institution's plan shall be appropriate to its size, mission, and enrollment and to the fiscal constraints within which the institution operates. At a minimum the campus development plan shall include the following:

5.2.1. The governing board's development strategy;

5.2.2. An assessment of the general condition and suitability of buildings and facilities using the following data elements:

5.2.2.a. Physical plant needs segregated by the following asset groups:

5.2.2.a.1. Educational and general.

5.2.2.a.2. Auxiliary.

5.2.2.a.3. Transitional.

5.2.2.b. Physical plant package needs segregated by the following by project categories:

5.2.2.b.1. Repair/Maintenance.

5.2.2.b.2. Modernization.

5.2.2.b.3. Alteration.

5.2.2.b.4. New Construction.

5.2.2.c. Physical plant package investment needs segregated by the following categories:

5.2.2.c.1. Reliability.

5.2.2.c.2. Asset Preservation.

5.2.2.c.3. Program Improvement.

5.2.2.c.4. Economic Operations.

5.2.2.c.5. Life Safety/Code.

5.2.2.c.6. New Construction.

5.2.2.d. Physical plant package needs segregated by the following categories:

5.2.2.d.1. Building Envelope.

5.2.2.d.2. Building Systems.

5.2.2.d.3. Life/Safety/Code.

5.2.2.d.4. Space Renewal.

5.2.2.d.5. Utility Infrastructure.

5.2.2.d.6. Grounds Infrastructure.

5.2.3. An assessment of the impact of projected enrollment and demographic changes on building and facility needs;

5.2.4. A comprehensive list of deferred maintenance projects individually exceeding $75,000 that need to be addressed for each campus by building or facility including an estimated cost for each;

5.2.5. An analysis as to all buildings and facilities as to the need for renovations, additions, demolition or any combination thereof;

5.2.6. A list of major site improvements that are needed, including vehicular and pedestrian circulation, parking and landscaping;

5.2.7. An analysis of telecommunications, utilities and other infrastructure improvements that are needed;

5.2.8. A delineation of clear property acquisition boundaries that are reasonably appropriate for campus expansion;

5.2.9. A list of proposed new facilities and building sites;

5.2.10. A list of capital projects in priority order;

5.2.11. Estimates of the timing, phasing and projected costs associated with individual projects;

5.2.l2. If an institution has multiple campuses within 50 miles of each other, a delineation of how the campuses should interact and support each other to minimize duplication of facilities, improve efficiency and be aesthetically compatible;

5.2.13. A statement of the impact of the plan upon the local community and the input afforded local and regional government entities and the public with respect to its implementation;

5.2.14. An estimate of the plan’s impact on the institution’s capacity utilization, operating costs including depreciation, and projected financial status; and

5.2.15. Any other requirement established by the Council and Commission in these rules.

5.3. Campus development plans shall incorporate all current and proposed facilities, including educational and general and auxiliary facilities.

5.4. Not later than the next regularly scheduled meeting of the Council or Commission following the fifth anniversary date after the Commission confirms or the Council approves, as appropriate, the development plan of a governing board, the governing board shall report on the progress made in the first five years to implement the campus development plan for each campus under its jurisdiction. In addition, the governing board shall report on its plans to implement the remaining five-year period of its campus development plan.

5.5. Each governing board shall update its campus development plan at least once during each ten-year period and any update is subject to the confirmation of the Commission or approval by the Council.

5.6. A governing board may not implement a campus development plan or plan update that has not been approved by the Council and confirmed by the Commission, as appropriate. The purchase of any property for the construction of a facility that is not included in the campus development plan creates an update to the campus development plan that must be approved by the Council or confirmed by the Commission, as appropriate, prior to its purchase. In the case of institutions governed by the Council, this provision applies equally to property acquired by any means, whether by purchase or otherwise.

W. Va. Code R. § 135-12-6 Capital Appropriation Requests

6.1. The Council and Commission each shall submit a prioritized capital appropriation request annually to the state budget office in accordance with state law consisting of major capital projects and maintenance projects. The dollar value threshold distinguishing major projects from other projects will be set annually by the Council and Commission for their respective institutions.

6.2. The Council and Commission, and governing boards shall use the following process in reviewing and submitting a list of major educational and general capital projects so that a prioritized major capital project list, prepared by the Commission in conjunction with the Council may be submitted to the state budget office by the applicable deadline:

6.2.1. The governing board's major capital project list shall be submitted in accordance with timelines established by the Council and Commission and include the following items:

6.2.1.a. Projects identified in the governing board's approved campus development plan or plans. A project may not be included which is not contained in the approved plan, except when extraordinary circumstances otherwise warrant;

6.2.1.b. A current estimate of each project's estimated cost accounting for inflation since completion of the campus development plan and the estimated cost of operation and maintenance and if an existing facility, the estimated cost of repair and renovation, if applicable, of the facility. The size and scope of the project may not change unless the campus development plan has been updated and confirmed or approved as provided in accordance with West Virginia Code §18B-19-4 and section four of this rule; and

6.2.1.c. Any additional information required to be provided by the Council and Commission, or state budget office.

6.2.2. The Council and Commission each shall rank the major capital projects submitted by the governing boards according to priority consistent with the criteria outlined in the system capital development plan. Such criteria shall include but not be limited to the cost of the project, its conformity to the mission of the institution, the future maintenance and operational costs, the cost of any renovation or repair if an existing facility, and other criteria as determined by the Council and Commission.

6.3. The Council and Commission, and governing boards shall adhere to the following process in submitting a list of major maintenance projects so that a prioritized maintenance project list, approved by the Council and Commission may be submitted to the state budget office by the applicable deadline.

6.3.1. The Council and Commission shall provide each governing board annually a recommended building renewal calculation that identifies the funds that should be collected and invested in its buildings and facilities during the next fiscal year to maintain them and minimize deferred maintenance.

6.3.2. As soon as the governing board receives the building renewal calculation, each governing board shall make realistic revenue estimates of the funds available for maintenance projects from educational and general capital fees, from auxiliary and auxiliary capital fees and from any other revenue that may be used for maintenance projects, as well as any anticipated reserves. The governing boards then shall identify and submit to the Council or Commission, proposed major maintenance projects, consistent with its campus development plan or plans, to be funded from these revenues for projects more than $3 million for institutions subject to oversight by the Commission and $500,000 for those subject to oversight by the Council.

6.3.3. The Council and Commission each shall report to the Legislative Oversight Commission on Education Accountability on the revenue available to governing boards for educational and general and auxiliary maintenance projects, as well as any shortfalls based on building renewal formula calculation, and major maintenance projects that institutions propose to undertake during the upcoming fiscal year.

6.3.4. The Council and Commission shall work with institutions under their respective jurisdiction to ensure that adequate funds are generated to fund maintenance and build adequate reserves from educational and general and auxiliary capital fees and other revenue consistent with the building renewal formula.

W. Va. Code R. § 135-12-7 Capital Project Financing

7.1. The Commission and governing boards, jointly or singly, may issue revenue bonds for capital project financing in accordance with West Virginia Code §18B-10-8.

7.2. A governing board may seek funding for and initiate construction or renovation work only for projects contained in confirmed or approved campus development plan.

7.3. A governing board may fund capital improvements on a cash basis, through bonding or through another financing method that is approved by the Council or Commission.

7.3.1. If the cost of an improvement project for an institution subject to oversight by the Council exceeds $1 million, the governing board first shall obtain the approval of the Council, as appropriate. If the cost of an improvement project for an institution subject to the oversight of the Commission and the provisions of this rule exceeds $3 million, the governing board shall first obtain the approval of the Commission. In determining cost, all dollars associated with the project, whether state or private funds, will be calculated. Subject to the provisions of this section, the governing board will submit a completed Financial Feasibility Study in the format required by the Council or Commission sixty days in advance of the deadline for submitting agenda items to the Council or Commission (Appendix A).

7.3.2. Each institution will establish a Debt Policy to ensure that debt is prudently used to meet the goals of institutional strategic and capital plans. The policy will include the following components:

7.3.2.a. Debt Structure.

7.2.2.b. Debt Ratios.

7.2.2.c. Synthetic Financial Products.

7.3.3. Prior to approving bonding or any alternative financing method, the Council or Commission, as appropriate, shall evaluate the following issues:

7.3.3.a. The institution's debt capacity and ability to meet the debt service payments for the full term of the financing;

7.3.3.b. Compliance with the institution’s debt policy;

7.3.3.c. The institution's capacity to generate revenue sufficient to complete the project;

7.3.3.d. The institution's ability to fund ongoing operations and maintenance;

7.3.3.e. The impact of the financing arrangement on students; and

7.3.3.f. Any other factor considered appropriate.

7.4. A governing board shall notify the Joint Committee on Government and Finance at least thirty days before beginning construction or renovation work on any capital project in excess of $1 million.

7.5. The Council and Commission may pledge all or part of the fees of any or all state institutions of higher education as part of a system bond issue.

7.6. Any fee or revenue source pledged prior to the effective date of this section for payment of any outstanding debt remains in effect until the debt is fully repaid or refunded.

W. Va. Code R. § 135-12-8 Capital Project Management

8.1. The Council and Commission, and governing boards shall ensure that capital funds are spent appropriately and that capital projects are managed effectively. Project management shall be conducted in all respects according to sound business practices and applicable laws, and rules.

8.2. The Commission shall employ a sufficient number of competent facilities staff experienced in capital project development and management that is suitable for the number, size and complexity of the capital projects being managed. By December 31, 2013, and continuing thereafter, at least one employee shall be Leadership in Energy and Environmental Design (LEED) certified.

8.3. A governing board under the jurisdiction of the commission is exempt from the provisions of subsections 8.5 and 8.6 of this rule, and its capital projects management shall be governed by the provisions of subsection 8.4 of this section regardless of the rolling five year construction expenditures, if it meets each of the following criteria:

8.3.1. Employs at least one Leadership in Energy and Environmental Design (LEED) certified administrator; and

8.3.2. Employs at least one Certified Facilities Manager (CFM) as credentialed by the International Facility Management Association or employs at least one Project Management Professional (PMP) as certified by the Project Management Institute.

8.4. An institution that has entered into construction contracts averaging more than $50 million over the most recent rolling five-year period is responsible for capital project management at that institution if it meets the following additional conditions:

8.4.1. The governing board shall employ a facilities staff experienced in capital project development and management that is suitable for the number, size and complexity of the capital projects being managed and, by December 31, 2013, and continuing thereafter, at least one of these employees shall be Leadership in Energy and Environmental Design (LEED);

8.4.2. The governing board shall promulgate and adopt a capital project management rule in accordance with West Virginia Code §18B-1-6. The capital project management rule shall include at least the following items:

8.4.2.a. Delineation of the governing board's responsibilities with respect to capital project management and the responsibilities delegated to the institution's president;

8.4.2.b. A requirement for the use of the state's standard contract documents for architectural, engineering, construction, construction management and design-build services as appropriate to a particular project;

8.4.2.c. The governing board's requirements for the following procedures:

8.4.2.c.1. Monitoring and approving project designs to ensure conformance with the state and system goals, objectives and priorities and the governing board's master plan, compact and campus development plan;

8.4.2.c.2. Approving project budgets, including a reasonable contingency reserve for unknown or unexpected expenses and for bidding;

8.4.2.c.3. Approving architectural, engineering and construction contracts exceeding an amount to be determined by the governing board;

8.4.2.c.4. Approving contract modifications and construction change orders; and

8.4.2.c.5. Providing a method for project closeout and final acceptance of the project by the governing board.

8.4.3. The institutional capital project management rule shall be filed with the Commission no later than one hundred eighty days following the effective date of this rule required of the Commission and Council in West Virginia Code §18B-19-17.

8.4.4. The Commission may review or audit projects greater than $5 million periodically to ascertain that appropriate capital project management practices are being employed.

8.5. For institutions that have entered into construction contracts averaging at least $20 million, but not more than $50 million, over the most recent rolling five-year period:

8.5.1. The governing board, with assistance as requested from the Commission, shall manage all capital projects if the governing board meets the following conditions:

8.5.1.a. Employs at least one individual experienced in capital project development and management; and

8.5.1.b. Promulgates and adopts a capital project management rule in accordance with West Virginia Code §18B-1-6 that is approved by the Commission. The capital project management rule may be amended at the discretion of the governing board, but amendments shall be submitted to the Commission for review and approval before becoming effective.

8.5.2. The capital project management rule of the governing board shall include at least the following items:

8.5.2.a. Delineation of the governing board's responsibilities with respect to capital project management and the responsibilities delegated to the institution's president;

8.5.2.b. A requirement for the use of the state's standard contract documents for architectural, engineering, construction, construction management and design-build services as appropriate to a particular project; and

8.5.2.c. The governing board's requirements for the following procedures:

8.5.2.c.1. Monitoring and approving project designs to ensure conformance with the state and system goals, objectives and priorities and the governing board's master plan, compact and campus development plan;

8.5.2.c.2. Approving project budgets, including a reasonable contingency reserve for unknown or unexpected expenses and for bidding;

8.5.2.c.3. Approving architectural, engineering, construction and other capital contracts exceeding an amount to be determined by the governing board;

8.5.2.c.4. Approving contract modifications and construction change orders; and

8.5.2.c.5. Providing a method for project closeout and final acceptance of the project by the governing board.

8.5.3. If an institution does not meet the provisions of this subsection, the Commission shall manage all capital projects exceeding $1 million.

8.5.4. The Commission staff shall review and audit periodically all projects greater than $1 million to ascertain that appropriate project management practices are being employed. If serious deficiencies are identified and not addressed sufficiently within ninety days, Commission staff may assume management of all projects. Institutions must inform the Commission of any decisions to undertake a capital project in excess of $1 million.

8.6. For institutions that have entered into construction contracts averaging less than $20 million over the most recent rolling five-year period and for all community and technical colleges, the Council and Commission shall manage capital projects exceeding $1 million. The following procedures shall be utilized in the planning, development and execution of capital projects:

8.6.1. After review and recommendation by the governing board, the Council and Commission shall monitor and if acceptable, approve project designs to ensure conformance with the state and system goals, objectives and priorities and the governing board's master plan, compact and campus development plan;

8.6.2. After review and recommendation by the governing board, the Council and Commission shall, if acceptable, approve project budgets, including a reasonable contingency reserve for unknown or unexpected expenses and for bidding;

8.6.3. After review and recommendation by the governing board, the Council and Commission shall, if acceptable, approve architectural, engineering, construction and other capital contracts;

8.6.4. After review and recommendation by the governing board, the Council and Commission shall, if acceptable, approve contract modifications and construction change orders; and

8.6.5. After review and recommendation by the governing board, the Council and Commission shall, if acceptable, provide a method for project closeout and final acceptance of the project by the governing board.

W. Va. Code R. § 135-12-9 Maintenance

9.1. Each governing board shall ensure that facilities under its jurisdiction are maintained and that a listing of any major deferred maintenance projects is provided annually to the Council and Commission.

9.2. Each governing board shall strive to invest annually an amount for maintenance that is consistent with the building renewal formula developed and approved by the Council and Commission and to generate a reserve sufficient to address unexpected maintenance needs.

9.3. The Council and Commission shall determine whether a governing board is devoting sufficient resources for maintenance based on the following criteria:

9.3.1. The amount of maintenance expenditures compared to building renewal formula estimates of appropriate expenditures; and

9.3.2. Periodic evaluations of the conditions of facilities at the institution and its performance and effectiveness in maintaining its facilities.

W. Va. Code R. § 135-12-10 Higher Education Facilities Information System

10.1. The Council and Commission shall develop and maintain a higher education facilities information system. The higher education facilities information system shall serve as a vehicle for carrying out the following functions:

10.1.1. Acquisition of statewide data;

10.1.2. Statewide analysis of space use and classification based on nationally recognized standards and measurements to facilitate comparisons among postsecondary education institutions within the state and in the region and nation; and

10.1.3. Other purposes as determined by the Council and Commission without burdening or interfering unnecessarily with the governance responsibilities which are placed upon the governing boards.

10.2. At a minimum, the higher education facilities information system shall serve the following purposes:

10.2.1. Develop and maintain a statewide inventory of higher education facilities, including those acquired by long-term lease, lease-purchase or other arrangement whereby the institution has long-term beneficial use. The inventory shall include, but is not limited to, the institution and campus location of the facility, the construction date, the original cost, square footage, floor plans, type of construction, ownership status, the purposes for which it is used, the current replacement cost and any other data the Council and Commission considers appropriate;

10.2.2. Develop and maintain an inventory of all rooms within each facility, which includes, but is not limited to, the room number, the square footage, room usage, number of student stations and any other data the Council and Commission considers appropriate;

10.2.3. Provide a vehicle for institutions to submit capital appropriation requests to the Council and Commission;

10.2.4. Provide a vehicle to track the status and cost of institution capital projects from inception to completion, including major maintenance and deferred maintenance projects; and

10.2.5. Provide information on facilities needed to calculate the building renewal formula.

10.3. The Council or Commission, as appropriate, shall establish benchmarks for space use including an analysis of utilization for the fall of each academic year. The benchmarks will calculate density by measuring the number of occupants per 100,000 gross square feet. This calculation will include faculty, staff, students and visitors. Separate calculations will be made for education and general and auxiliary facilities.

10.4. Each governing board and any institution under its jurisdiction shall participate and cooperate with the Council and Commission in all respects in the development and maintenance of the higher education facilities information system.

10.5. The higher education facilities information system may be used for other purposes set forth by the Council and Commission as specified by these rules.

W. Va. Code R. § 135-12-11 Authorization to Sell Property; Use of Proceeds

11.1. The Council, Commission and governing boards each may sell all or part of any real property that it owns, either by contract or at public auction, and retain the proceeds of the transaction provided the following steps are taken:

11.1.1. Providing for property appraisal by two independent licensed appraisers. The property may not be sold for less than the average of the two appraisals;

11.1.2. Providing notice to the public in the county in which the real property is located by a Class II legal advertisement pursuant to West Virginia Code §59-3-2;

11.1.3. Holding a public hearing on the issue in the county in which the real property is located;

11.1.4. For real property with a proposed sale price of $50,000 or greater, ten days prior to the placement of the Class II legal advertisement, providing written notice to the county commission and municipalities in the county in which the real estate property is located and all members of the legislature; and

11.1.5. In case of the Commission, notifying the Joint Committee on Government and Finance.

11.2. The Council, Commission or a governing board may not lease real property for an annual amount of greater than $50,000 without satisfying the obligations of 11.1.b. through 11.1.e.

11.3. The Council, Commission or a governing board shall deposit the net proceeds from the sale, lease, conveyance or other disposal of real property into a special revenue account in the State Treasury to be appropriated by the Legislature in the annual budget bill for the purchase of additional real property, equipment or technology, or for capital improvements or maintenance at the institution that sold the surplus real property.

11.4. For purposes that further the state goals, objectives and priorities for higher education set out in State code, the Council, Commission and each governing board may lease, as lessor, any real property that it owns, either by contract or at public auction, and retain the proceeds of the lease. The Council, Commission and each governing board may convey, transfer or exchange any real property it owns to any other public body.

W. Va. Code R. § 135-12-12 Authorization to Lease-Purchase

12.1. The Council and Commission may enter into lease-purchase agreements for capital improvements, including equipment, on behalf of, or for the benefit of, a state institution of higher education or the Council or Commission.

12.2. After the Council or Commission has granted approval for a lease-purchase agreement, which is $1.5 million or higher for institutions subject to oversight by the Commission and $500,000 or higher for those subject to oversight by the Council, to a governing board, the board may enter into a lease-purchase agreement for capital improvements, including equipment.

12.3. A lease-purchase agreement constitutes a special obligation of the State of West Virginia. The obligation may be met from any funds legally available to the Council, Commission or the institution and shall be cancelable at the option of the Commission, Council, or governing board at the end of any fiscal year. The obligation, or any assignment or securitization of the obligation, never constitutes an indebtedness of the State of West Virginia or any department, agency or political subdivision of the state, within the meaning of any constitutional provision or statutory limitation, and may not be a charge against the general credit or taxing powers of the state or any political subdivision of the state. The facts shall be plainly stated in any lease- purchase agreement.

12.4. A lease-purchase agreement shall prohibit assignment or securitization without consent of the lessee and the approval of the agreement as to form by the Attorney General. Proposals for any agreement shall be requested in accordance with the requirements of this section and rules of the Commission. In addition, any lease-purchase agreement that exceeds $100,000 total shall be approved as to form by the Attorney General.

12.5. The interest component of any lease-purchase obligation is exempt from all taxation of the State of West Virginia, except inheritance, estate and transfer taxes. It is the intent of the Legislature that if the requirements set forth in the Internal Revenue Code of 1986, as amended, and any regulations promulgated pursuant thereto are met, the interest component of any lease- purchase obligation also is exempt from the gross income of the recipient for purposes of federal income taxation and may be designated by the governing board or the president of the institution as a bank-qualified obligation.

W. Va. Code R. § 135-12-13 Authorization to Lease

13.1. The Council, Commission and governing boards may lease, or offer to lease, as lessee, any grounds, buildings, office or other space in the name of the state.

13.2. The Council, Commission and governing boards have sole authority to select and to acquire by contract or lease all grounds, buildings, office space or other space, the rental of which is required necessarily by the Council, Commission or institutions.

13.3. Before executing any rental contract or lease, the Council, Commission or a governing board shall determine the fair market value for the rental of the requested grounds, buildings, office space or other space, in the condition in which they exist, and shall contract for or lease the premises at a price not to exceed the fair market value.

13.4. The Council, Commission and each governing board may enter into long-term agreements for buildings land and space for periods longer than one fiscal year but not to exceed forty years.

13.5. Any lease shall contain, in substance, all the following provisions:

13.5.1. The Council, Commission or governing board, as lessee, has the right to cancel the lease without further obligation on the part of the lessee upon giving thirty days' written notice to the lessor at least thirty days prior to the last day of the succeeding month;

13.5.2. The lease is considered canceled without further obligation on the part of the lessee if the Legislature or the federal government fails to appropriate sufficient funds for the lease or otherwise acts to impair the lease or cause it to be canceled; and

13.5.3. The lease is considered renewed for each ensuing fiscal year during the term of the lease unless it is canceled by the Council, Commission, or governing board before the end of the then current fiscal year.

13.6. The Council, Commission or institution that is granted any grounds, buildings, office space or other space leased in accordance with this section may not order or make permanent changes of any type thereto, unless the Council, Commission or governing board has first determined that the change is necessary for the proper, efficient and economically sound operation of the institution. For purposes of this section, a "permanent change" means any addition, alteration, improvement, remodeling, repair or other change involving the expenditure of state funds for the installation of any tangible thing that cannot be economically removed from the grounds, buildings, office space or other space when vacated by the institution.

13.7. Leases and other instruments for grounds, buildings, office or other space, once approved by the Council, Commission or governing board, may be signed by the chief executive officer, or designee, of the Council, Commission or institution.

13.8. Any lease or instrument exceeding $100,000 annually shall be approved as to form by the Attorney General. A lease or other instrument for grounds, buildings, office or other space that contains a term, including any options, of more than six months for its fulfillment shall be filed with the State Auditor.

W. Va. Code R. § 135-12-14 Real Property Contracts and Agreements

14.1. Except as provided elsewhere in the capital projects law, any purchase of real estate, any lease-purchase agreement and any construction of new buildings or other acquisition of buildings, office space or grounds resulting from these transactions, shall be approved by the Council or Commission, and provided to the Joint Committee on Government and Finance for prior review, if the transaction exceeds $1 million.

14.2. Notwithstanding any provision of this rule to the contrary, any acquisition, bequest, donation or construction of new buildings, office space or grounds exceeding $1 million in appraised value or requiring $1 million in repairs and renovation or lease payments over the life of the lease, made or accepted by an institution’s research corporation established by §18B-12 of the West Virginia Code or an affiliated foundation of an institution under the jurisdiction of the Council, shall receive prior approval by the Council.

14.3. The Council, Commission and each governing board shall provide the following to the Joint Committee on Government and Finance:

14.3.1. A copy of any contract or agreement to which it is a party for real property if the contract or agreement exceeds $1 million; and

14.3.2. A report setting forth a detailed summary of the terms of the contract or agreement, including the name of the property owner and the agent involved in the sale.

14.4. The copy and report required by 14.3.b. of this section shall be provided at least thirty days before any sale, exchange, transfer, purchase, lease-purchase, lease or rental of real property, refundings of lease-purchases, leases or rental agreements, construction of new buildings, and any other acquisition or lease of buildings, office space or grounds.

14.5. A contract or agreement that is for the lease purchase, lease or rental of real property, where the costs of real property acquisition and improvements are to be financed, in whole or in part, with bond proceeds, may contain a preliminary schedule of rents and leases for purposes of review by the committee.

14.6. For renewals of contracts or agreements required by this section to be reported, the Council, Commission, or governing board shall provide a report to the Joint Committee on Government and Finance setting forth a detailed summary of the terms of the contract or agreement, including the name of the property owner.

14.7. The Joint Committee on Government and Finance shall meet and review any contract, agreement or report within thirty days of receipt.

14.8. Each governing board shall provide to the Commission or Council a copy of any contract or agreement submitted to the Joint Committee on Government and Finance pursuant to this section.

W. Va. Code R. § 135-12-15 Authorization for Sale Lease-Back

15.1. A governing board may sell any building that is on unencumbered real property to which the board holds title and may lease back the same building if the governing board obtains approval of the Council or confirmation of the Commission before incurring any obligation. The board shall deposit the net proceeds of the transaction into a special revenue account in the State Treasury to be appropriated by the Legislature for the use of the institution at which the real property is located. Prior to such action, the board shall take the following steps:

15.1.1. Provide for the property to be appraised by two licensed appraisers. The board may not sell the property for less than the average of the two appraisals; and

15.1.2. Providing notice to the public in the county in which the real property is located by a Class II legal advertisement pursuant to section two, article three, chapter fifty-nine of this code;

15.1.3. Holding a public hearing on the issue in the county in which the real property is located;

15.1.4. For real property with a proposed sale price of $50,000 or greater, ten days prior to the placement of the Class II legal advertisement, providing written notice to the county commission and municipalities in the county in which the real estate property is located and all members of the legislature, and

15.1.5. Retain independent financial and legal services to examine fully all aspects of the transaction.

15.2. The sale may be made only to a special purpose entity that exists primarily for the purpose of supporting the institution at which the building is located.

W. Va. Code R. § 135-12-16 Construction and Operation of Auxiliary Facilities; Fees for Auxiliary Enterprises

16.1. A governing board may provide, construct, erect, improve, equip, maintain and operate auxiliary facilities, as defined in section three of this rule for students, employees and visitors on land it owns or leases.

16.2. The cost of construction, erection, improvement or equipment may be paid with the proceeds of revenue bonds authorized by this code or by any other financing method provided in law and approved by the Council or Commission. The issuance of revenue bonds is subject to the approval of the Council or Commission.

16.3. A governing board may engage experts in engineering, architecture and construction and other experts as it considers necessary and may specify the payment and contract terms which are included in the cost of the project.

16.4. A governing board may promulgate and adopt rules and charge fees for use of its facilities. The fees and other amounts charged shall be structured so as to generate funds sufficient for the following purposes:

16.4.1. To maintain payment of the principal of and interest on any revenue bonds, and for reserves for the revenue bonds;

16.4.2. To operate the auxiliary enterprise;

16.4.3. To satisfy annual building renewal formula requirements; and

16.4.4. To build a reserve for major renovation or replacement.

16.4.5. All moneys collected for the use of auxiliary facilities shall be paid to the credit of and expended by the governing board of that institution in accordance with West Virginia Code §18B-10-13.

W. Va. Code R. § 135-12-17 Condemnation Generally

17.1. The Council, Commission, and governing boards each may acquire land or buildings by condemnation for the use and benefit of any state institution under its jurisdiction. A condemnation proceeding conducted pursuant to this section is governed by Chapter 54 of the West Virginia Code.

17.2. The Council, Commission, and governing boards each may condemn any interest, right or privilege, land or improvement, which in its opinion is necessary, in the manner provided by law for the acquisition by this state of property for public purposes. The state is under no obligation to accept and pay for any property condemned and may pay for the property only from the funds provided for that purpose.

17.3. In any proceeding to condemn, the order shall be made by the court having jurisdiction of the suit, action or proceedings. A bond or other security may be required by the court securing the property owner against any loss or damage to be sustained by reason of the state's failure to accept and pay for the property. The bond or security may not impose liability or debt on or of the state as contemplated by the Constitution of the State in relation to state debt.

W. Va. Code R. § 135-12-18 Reporting

18.1. The Council and Commission shall annually provide a general status report to the Legislative Oversight Commission on Education Accountability on the progress being made in implementing the state-wide capital development plan and on the progress of the governing boards in implementing the objectives of institutions' campus development plans. The report will include current and proposed projects.

18.2. The governing boards shall report to the Council or Commission on an annual basis their progress in implementing the objectives of institutions' campus development plans. Said reports shall include a copy of the campus development plan and their specific progress in meeting the objectives of the plan. For objectives not met, the institution shall provide a reasonable timeline to meet said objectives and a method to measure their progress in the future toward meeting the objectives.

Appendix A West Virginia Higher Education Policy Commission West Virginia Council for Community and Technical College Education FINANCIAL FEASIBILITY STUDY This Financial Feasibility Study is being submitted for the following project (must be submitted 60 days in advance of the deadline for submitting agenda items to the Commission or Council):

Submission Date Name of Institution Project Name Project Amount $ Project Type (check one):

Education & General (E&G) Project Auxiliary Enterprise Project Property Acquisition Public/Private Development or Design/Build Other(specify):

Proposed Financing Arrangement (check one):

No Debt - Paid from Institution Cash On-Hand or from Reserves Revenue Bond by Institution Capital Lease Alternative Financing Method Other(specify)

Requested Type of Financing (should not exceed 30 years):

Educational & General (E&G) Capital Fee Financing Amount: $ Auxiliary & Auxiliary Capital Fees Financing Amount: $ Debt secured by revenue stream – identify source and provide Code citation that authorizes the pledge of this revenue stream for issuance of revenue bonds or to incur debt.

Amount: $ Prepared by:

Name:

Title:

E-mail:

Telephone No.:

Fax No.:

The attached Financial Feasibility Study has been prepared using information and projections believed to be reliable and accurate for the purpose of estimating the demand and affordability of the proposed capital project.

Signature (Chief Financial/Fiscal Officer)

Forward original to:

WV Council for Community and Technical College Education 1018 Kanawha Boulevard, East, Suite 700 Charleston, WV 25301 Attn: Richard Donovan Email: Rich.Donovan@wvhepc.edu

Section 1 - General Information – To be completed for all projects.

Describe the project in sufficient detail so that an uninformed reader has a clear understanding of the project. Indicate whether the project is new construction, renovation/addition to an existing facility or is property acquisition.

Describe how the project is essential to fulfilling the institution's mission. Address the alternatives available if the project is not undertaken.

Is the project identified in the institution’s capital appropriation request for this fiscal year? If yes, what is its priority in relation to the other projects? If no, why was it not included and why is being proposed now?

Is the project included in the institution’s approved Ten Year Campus Masterplan? If so, what is the priority in relation to other projects in Masterplan and what is the estimated project cost identified in the Masterplan? If it is not included in the Masterplan, why is it being proposed ahead of the projects in approved in the Masterplan?

Describe the effect the project will have on those students or users who will financially support the project.

Explain how the project will affect the institution's need for student financial aid.

Describe the probable effects of the project on the community and environment, including changes to the value of property as a result of the project.

Explain how the project and its impact have been conveyed to local officials and their reaction/response.

Describe any other positive or negative effects the project may have.

Briefly describe the financing proposal. Indicate if this proposal is for a revenue bond financing, a capital lease or lease purchase, or some other less traditional financing arrangement. Indicate anticipate closing date.

Are specific revenues planned to support debt service or lease payments? (If so, please complete Section 3.)

What impact does the construction of this project have on the institution’s compliance with federal Title IX requirements?

Private Use Will any person or entity other than the institution provide (directly or indirectly) any part of debt service on the portion of the bonds issued for the project? For example, will a private business entity, private foundation or federal agency be required (or expected) to make an annual contribution toward the payment of debt service. ___ Yes ___ No. If yes, please identify the person or entity and the percent of debt service to be provided.

Do you anticipate that any person or entity other than the institution will have a contractual right, different from the rights available to the general public or students, to use any part of the project or to use or buy goods or services produced at the project? For instance, have you contracted parking spaces in a parking deck to a nearby corporate office? ___Yes ___No. If yes, briefly summarize the planned contractual agreement.

Do you contemplate any part of the project being managed or operated by any person or entity other than the institution under a management or service contract, incentive payment or other “privatized” arrangement? Examples include contracts for food service, parking service, dormitory management, bookstore management, etc. ___Yes ___No. If yes, summarize the anticipated contractual arrangement (i.e., contract term, renewal options, compensation arrangements, etc.).

Note: These arrangements may impact whether the project is eligible for tax-exempt financing. Once tax-exempt bonds have been issued, entering into this type of contract or arrangement may affect the bond’s tax-exempt status and as a result, could have an adverse affect on the bondholders. So long as the bonds are outstanding, the terms of any such arrangement must be reviewed and approved by the Bond Counsel and the Policy Commission staff prior to the execution of any contract.

Property Acquisition by Purchase, Lease or Lease Purchase Property acquired by purchase, lease or lease/purchase exceeding $1 million ($15 million for Marshall University and West Virginia University) must be approved in advance by the Commission or Council as applicable.

What is the purchase price of the property? What is the appraised value of the real property and improvements? The institution must engage a licensed appraiser experienced and certified for the property being appraised. Attach a copy of the appraisal.

Does the institution have a Phase 1 Environmental Study for the property? If so, please provide a copy. Does the Phase 1 Study identify the need for a Phase 2 Environmental Study? If so, please provide a copy to the Phase 2 Study. ___Yes ___No. If yes, please provide a copy. If no, this study must be performed by a firm experienced and qualified to perform this study prior to purchase. Include contact person with WV DEP.

Has a title search been performed? If so, are there any issues preventing the institution obtaining a general warranty deed? Are there any easements, encroachments, or encumbrances affecting the property? A title search must be preformed prior to purchase. ___Yes ___No. If yes, please provide a copy. If no, a title search must be performed prior to purchase.

Is the property within the property acquisition boundaries of the approved Ten Year Campus Masterplan? ___Yes ___No. If no, the acquisition must be approved in advance by the Commission or Council as applicable no matter the dollar value.

Has there been an architectural/engineering firm retained for any portion of the project (feasibility study, site selection, schematic drawings)?

If so, was the firm selected and retained following West Virginia Code §18B-19-7?

If a firm has been selected, will this firm be retained as the project continues?

If a selected firm will not be retained as the project continues, will there be a separate RFP distributed to select an Architectural /Engineering firm for the next phase?

If a design firm has been selected for schematic design and/or feasibility study and/or site selection are they aware of their role, and that they will have their responsibility either fulfilled or will continue upon completion of this phase? Explain if necessary.

If a firm has been retained, have the necessary drawings and specifications been submitted to the HEPC Central Office?

Does this project fall under West Virginia Code §18B-19-8 and was it submitted as required?

If this project is taking precedent over a deferred maintenance project submitted previously, explain here.

Section 2 – Cost Information (complete for all projects)

Do you anticipate the need for capitalized interest on any bond financing (i.e., to pay interest during construction)? If so, for how many months? When is construction to begin and completed? (Interest cannot be capitalized more than six moths post construction)

Itemize the capital costs of the project. Estimate the costs of issuance at 2% of the cost of the project if it is to be financed by a bond issue. Please subtotal project costs net of the 2% cost of issuance and then show a gross cost of project including the cost of issuance. Note that the total cost should be used as the AMOUNT BORROWED field of the worksheet. Attach the CO-2 estimate or further estimate of project cost, if available. (Note: The term of any financing plan or arrangement should be for 30 years or less.)

What is the anticipated useful life of the project?

Discuss the need for a Reserve Fund to support the proposed project, any anticipated uses of the reserve during the life of the bonds, and the plan for replenishment of the reserve. The Reserve Fund Limit in the spreadsheet should be approximately 10% of the project cost.

List and describe any initial Non‑Recurring Costs related to the project and the source of funding for each of these items.

List and estimate the Incremental Annual Operating Expenses. Provide any supporting documentation and illustrate how your estimate was made. These expenses include personnel costs, utilities, contractual services, supplies and materials, indirect costs, equipment, etc.

Section 3 - Revenue Information. (Complete for all revenue-producing projects)

Describe the Revenue Sources that will be used for payment of debt service and the expenses associated with these revenues. Consider what other expenses are planned to be supported by the revenues, and how much revenue will actually be available for debt service. (Note: The term of any financing plan or arrangement should be for 30 years or less.)

If revenues will be derived from a group of similar facilities (a system) and an increase in system revenues will be used to support the debt, provide justification for any system contribution and any marginal increase in system‑wide fees. f revenues will be derived from just one facility of several similar facilities in a campus system, show all fees for all similar facilities and justify any differential in pricing between the facilities.

Will project revenues or revenues pledged to the payment of debt service be available prior to completion of the project? Describe the timing of revenues and when they will be available and sufficient to begin servicing the debt.

What studies have been completed to demonstrate the demand for the facility and the reliability of the revenue stream? (Attach copies if available.)

If any portion of the revenues are already pledged or otherwise committed to other debt service payments, provide a schedule of debt service payments (by issue) and cumulatively. Clearly identify the portion of the revenue source that is committed or being used to pay debt service.

If any revenues are projected to increase, explain how the projections were calculated. Do not use an automatic growth rate.

If institutional reserves are to be used to service the debt, include the source of funds, balances for the last five years, and impact on future balances. Identify the authorization for using these funds to pay debt service and other costs.

If any amounts currently used for debt service are expected to be available and used for debt service on this project (i.e., the existing debt will be retired), provide the name(s) of the existing project(s), the bond series, and the annual amount to be available. Address the status of the existing facility's physical condition and plans for repair or maintenance. Conversely, explain why any such amounts scheduled to be available are not planned for use for debt service on this project.

Provide a copy of the institution’s debt policy approved by the Board of Governors Using the information described above, complete Spreadsheet #2 – Revenue Components

Section 4 - General Financial Condition - Complete this section for all projects.

Provide the following FTE enrollment and admissions information What is the estimated enrollment change resulting from this project?

Provide the following ratios and Composite Financial Index for the current year budget as adjusted for the project, the current year budget excluding the new project, and the two preceding fiscal years.

Adjusted Budget Budgeted Actual Actual FY 20__ FY 20__ FY 20__ FY 20__ Ratios (Excluding OPEB liability):

Primary Reserve Ratio Net Operating Revenue Ratio Return on Net Assets Viability Ratio Composite Financial Index 0.00 0.00 0.00 0.00

Section 5 - Capital Lease Projects – Complete only if the financing involves a capital lease.

Discuss the alternatives that were considered before deciding that the capital lease structure was the best option.

Who is the Lessor (full name and address)? Who is the Lessee (full name and address)?

Who will manage the facility during and after construction?

Who will be issuing bonds or otherwise financing the project? Will it be tax-exempt debt?

If debt is issued, what portion will not be tax-exempt?

Section 6 - Public/Private Partnership & Design Build – Complete this section only if the financing involves a public/private partnership or is a design build project.

Discuss the alternatives that were considered before deciding on a public/private partnership or design build as the best option.

Design build projects are subject to the “Design Build Procurement Act,” West Virginia Code §5-22A. The provisions of this Act must be used to select design-builders for authorized projects that are constructed and owned, potentially owned, or ultimately owned by any agency/state institution of higher education. Please describe your plans for complying with the Design Build Procurement Act.

If this is a public/private partnership, please describe the nature of the arrangement and the parties involved.

What type of financing vehicle will be used to fund the project? (Please describe in detail)

Section 7 - Sustainability and Energy Efficiency Do you have access to the most current version of the HEPC’s standards for sustainability and energy efficiency?

Will this project be proposed as a LEED project?

If it is to be a LEED project, have you engaged with the necessary professionals to enter the process?

If you have not engaged the necessary professionals, do you need assistance?

If is not proposed as a LEED project are you aware of the minimal guidelines required to insure the project is completed using the most current guidelines and standards? (ASHRE 90.1, LEED – see USGBC.org website)

Have you explored any potential existing energy rebates available from your local utilities specific to this project?

Do you need further assistance in proceeding with any of the answers required in this application?

Definitions of Terms Auxiliary and Auxiliary Capital Fees Bonds (W. Va. Code §18B-10): Revenue bonds issued to finance the planning, design, construction and equipping of an auxiliary facility i.e., Student Unions and Recreation Facilities, Residence Halls, Dining Halls, Athletic Facilities, Bookstores, Faculty and Staff Housing and other facilities not considered E&G Facilities. Auxiliary fees are pledged to pay debt service for these revenue bonds.

Capital Lease: In accordance with the Financial Accounting Standards Board (FASB), capital leases are defined as leases which meet any one (or more) of the following criteria:

Transfer of ownership of the property to the lessee at the end of the lease term;

Bargain purchase option at the end of the lease term;

Lease term equal to 75% or more of the estimated economic life of the leased property; and Present value of the net minimum lease payments equal to or exceeding 90% of the fair market value of the property.

Capital leases are considered long-term obligations for accounting purposes.

Capitalized Interest: Interest to be paid on the bonds during the period of construction that is financed as part of the bond issue (i.e., paid with bond proceeds). Capitalizing interest increases the overall cost of borrowing, but may be necessary in cases where project revenues are to be used to pay debt service. Conversely, where revenues are already being collected (i.e., a fee or fee increase has already been implemented), the use of capitalized interest may not be appropriate.

Educational and General (E&G) Capital Fees Bonds (W. Va. Code §18B-10): Revenue bonds issued to finance the planning, design construction and equipping of E&G facilities Fees collected by the institutions to support existing and future system-wide debt and institutional debt, capital projects funded on a cash basis, campus and building renewal, and repairs and alterations of E&G Facilities.

Educational and General (E&G) Facility: A building or structure used for instruction and instructional support purposes, and includes classroom, laboratory, library, computer laboratory, faculty and administrative office and other academic support spaces.

Incremental Annual Operating Expenses: The increase in operating costs attributable to the project. For example, a new dormitory added to a dormitory system would presumably increase system operating costs (e.g., supplies & material, utilities, personnel (janitorial, maintenance), equipment, etc.)

Non-recurring costs: One-time project costs (e.g., land acquisition, special utility fees, etc.) required for project completion.

Other: Debt secured by another revenue stream than those identified above. Please identify source and provide Code citation that authorizes the pledge of this revenue stream for issuance of revenue bonds or to incur debt.

Private Use: Private use means any use (directly or indirectly) by a trade or business that is carried on by persons or entities other than state or local governmental entities. Such use could involve ownership, management, service or incentive payment contracts, research agreements, leases, subleases, loans, or any other arrangement that conveys special legal entitlements or economic benefit to the non-governmental entity from the beneficial use of the project.

Reserve Fund: An amount set aside, usually from project revenues or bond proceeds, to mitigate the impact of interruptions in the ability of the project to generate sufficient net revenues to pay debt service (e.g., debt service reserve, repair and replacement reserve). In certain circumstances, the presence of a reserve can enhance the credit. For the purposes of the feasibility study, reserve funds are generally for debt service and are funded from project or institutional revenues. 9(c) projects are expected to generate sufficient revenues to fund a reserve at an amount equal to approximately 10% of the amount financed.

Series 13 Change In The Organization Of Colleges Or Schools

W. Va. Code R. § 135-13-1 General

1.1. Scope. -- This rule establishes a process to change administrative organization within an institution.

1.2. Authority. -- West Virginia Code §18B-1-6, §18B-2B-6.

1.3. Filing Date. -- August 26, 2005.

1.4. Effective Date. -- September 30, 2005.

W. Va. Code R. § 135-13-2 Policy

2.1. The governing board of an institution may implement changes, without approval of the Council in the organization of colleges, or schools, within the institution, for organizational efficiency or administrative purposes, but not to implement a major new program, service or structure. The president of the institution shall inform the Chancellor of any such change at least thirty (30) days prior to its implementation. The Council reserves the right to consider and take action, up to and including disapproval, on any change which changes the mission of the institution or affects the statewide master plan.

2.2. The president’s written notification to the Chancellor shall confirm that appropriately elected faculty, classified employees, student representatives and/or organizations were consulted prior to implementing any organizational change to which this provision applies.

2.3. The organizational changes to which this provision applies do not include staff changes for existing positions within the institution or organizational changes below the college or school level.

135CSR13

135CSR13

Series 14 Holidays

W. Va. Code R. § 135-14-1 General

Scope. -- Rule regarding holidays in the state system of higher education

Authority. -- W. Va. Code §18B-1-6, 18B-1-3(h)(2)

1.3. Filing Date. -- December 9, 2019

1.4. Effective Date. -- January 13, 2020

W. Va. Code R. § 135-14-2 Granting Power

2.1. The West Virginia Council for Community and Technical College Education, (Council), hereby directs that the governing board or president of each institution shall determine six holidays which will be observed by the employees of that institution in addition to the six holidays specified in Section 3.1 of this rule.

W. Va. Code R. § 135-14-3 Number of Full Holidays

3.1. The number of full holidays shall be twelve, plus additional days for any statewide, primary or general election. Specified holidays shall include Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, and Martin Luther King’s Birthday. Six additional days determined by the governing board or president as provided in Section 2.1 shall also be taken. If a specified holiday falls on a Saturday or Sunday, the preceding Friday or the following Monday will be observed as the legal holiday.

3.2. Proclamation of additional legal holidays by the president of the United States, governor, or other duly constituted authority may be observed by employees as determined and communicated by the president of the institution. The president of the institution may determine that any such additional legal holidays shall be observed at a future date, if operational needs of the institution require the holiday not be observed on the date proclaimed.

W. Va. Code R. § 135-14-4 Half Holidays

4.1. As specified in the regulations of the division of personnel for agencies of the executive branch of state government, one-half day preceding Christmas or New Year’s Day shall be a holiday when Christmas or New Year’s Day falls on Tuesday, Wednesday, Thursday, or Friday.

W. Va. Code R. § 135-14-5 Schedules

5.1. Holiday schedules are to be established and used on a fiscal year basis.

5.2. The president of each institution shall prepare a list of holidays to be observed at that institution for the upcoming fiscal year and shall assure that the list is posted in appropriate locations on campus including, but not limited to, the institution’s website.

135CSR14

Series 17 Transferability of Credits and Grades at West Virginia Public Colleges and Universities

W. Va. Code R. § 135-17-1 General

1.1. Scope. -- This rule establishes guidelines for the transferability of credits and grades at West Virginia public and private post-secondary colleges and universities.

1.2. Authority. -- West Virginia Code §§18B-1-6, 18B-2B-6, 18B-14-2.

1.3. Filing Date. -- October 26, 2015

1.4. Effective Date. -- November 30, 2015

1.5. Repeal of Former Rule. -- Repeals and replaces Title 135, Series 17 which had an effective date of March 13, 2015

W. Va. Code R. § 135-17-2 Definitions

2.1. Private higher education institutions. Post-secondary institutions which have been state approved to operate in West Virginia but are not public higher education institutions.

W. Va. Code R. § 135-17-3 Transfer Guidelines

3.1. It is the policy of the West Virginia Council for Community and Technical College Education (Council) and the West Virginia Higher Education Policy Commission (Commission) that the transfer of credits among public institutions of higher education and with West Virginia private institutions will be completed consistent with appropriate and legitimate academic program integrity. Institutional practice is to ensure that students may transfer and apply toward the requirements for a degree the maximum number of credits earned at an institution that is accredited by a regional, national, programmatic or other accredited body recognized by the U.S. Department of Education with no additional requirements or as few requirements to repeat courses or to take additional courses above those required by a native student to complete the degree, as is consistent with sound academic policy.

3.2. To this end, the following policy guidelines are hereby promulgated:

3.2.a. Undergraduate level credits and grades earned at any public or private post-secondary institution in West Virginia shall generally be transferable to any other such institution. Use of grades for institutional purposes, such as, without limitation, criteria for academic probation, recognition for graduation with honors or other institutional purposes, shall be subject to the policy of the receiving institution.

3.2.b. Each post-secondary institution, both private and public, must make the course objectives for every credit-bearing course available to the public. These course objectives may be posted on an easily accessible location on the institution’s web site or may be made available through college catalog or other easily accessible format.

3.2.c. Institutions shall use a 70 percent standard for determining if the earned course credit is equivalent to the receiving institution’s comparable course. That, if 70 percent of the learning objectives are in alignment, then the receiving institution must accept the course credit.

3.2.d. Once the receiving institution has reviewed the course objectives of the course requested for alignment and transfer, the receiving institution must notify the student of the course credits awarded. If requested transfer course credit is not awarded, the receiving institution must provide clear and specific details to the student and sending institution in regard to:

3.2.d.1. The changes to the course curriculum that are needed to achieve 70 percent alignment;

3.2.d.2. Reason(s) that the receiving institution has denied course credit transfer;

3.2.d.3. Additional information or actions, if any, necessary to permit the transfer;

3.2.d.4. Information about resubmitting a course credit transfer request that has been denied.

3.2.d.5. The institutional process for transfer appeal and the process for appealing the decision to the Joint Recommending Committee for Transfer and Articulation

3.2.e. Each post-secondary institution, both public and private, shall establish an appeals process for the denial of transfer credit. At the completion of the second-to-final stage of the appeals process, the student may request review by an outside committee. The Council and the Commission shall establish a Joint Recommending Committee for Transfer and Articulation and establish procedures for operation. With private institution committee representation on the Committee, this committee hears such appeals and sends a recommendation to the president of the institution. The president or his or her designee at the institution issues the final decision. Each institution is required to publish procedures for appeal of denial of transfer credit in all appropriate catalogs and webpages. In an instance where an institution has not developed a transfer appeals process, the student may appeal directly to the Joint Recommending Committee for Transfer and Articulation.

3.2.f. Provided all other provisions of this rule are met, at least 60 and no more than 72 hours of credits and grades completed at public or private post-secondary institutions in West Virginia and, if applicable, validated through a West Virginia community and technical college, shall be transferable to any public or private baccalaureate degree-granting institution in West Virginia. Course credit earned at any public or private baccalaureate degree-granting institution, may be forwarded directly to another baccalaureate degree-granting institution for review, validation, and award of transfer credit. Exceptions to the 72 hour transfer limit may be made by the chief academic officer of the baccalaureate institution receiving the credits and grades.

3.2.g. With the exception of those enrolling in specialized four-year programs which have demonstrable and bona fide externally imposed requirements making such a goal impossible, students completing two-year associate degrees at public institutions in West Virginia shall generally, upon transfer to a baccalaureate-level degree-granting institution, have junior level status and be able to graduate with the same number of total credit hours as a non-transfer student at the same institution and in the same program. An exception may exist in any instance where the associate degree is a technical type designed for occupational/career purposes and the general education component is substantially of a markedly different nature than that required for a student at the same two-year institution enrolled in a college transfer associate degree program, or where requirements of the major have not been met.

3.2.h. In an effort to meet the needs of students enrolled in occupational/career associate degree programs at West Virginia public community and technical colleges who seek to complete baccalaureate-level education, the public baccalaureate institutions are encouraged to provide opportunities for students to enroll in applied baccalaureate-completion programs.

3.2.i. The Council and the Commission recognize the Regents Bachelor of Arts degree program as a degree completion program that serves graduates of the Board of Governors Associate in Applied Science degree program.

3.2.j. Each institution with baccalaureate-completion programs is encouraged to make full utilization of distance education, including on-line courses, to provide transferring students with associate degree credits the maximum opportunities to complete a baccalaureate degree.

3.2.k. In response to the statutory charge that undergraduate core coursework completed at a state institution is transferable as general studies credit to all other state institutions of higher education in West Virginia for credit with the grade earned, the Council and the Commission maintains a core coursework transfer agreement. The core coursework transfer agreement lists the general studies courses at each institution which have been approved for inclusion in the agreement and is updated annually. Under the terms of the agreement, a student may transfer up to thirty five credit hours of undergraduate coursework in the areas of English composition, communications and literature, fine arts appreciation, mathematics, natural science, and social science as general studies credits. The agreement establishes hours of coursework acceptable for transfer that will count toward fulfillment of general studies requirements. Since coursework is generally transferable among institutions in the state colleges and universities, a student could conceivably transfer more than thirty five hours of general studies credit from one institution to another that are provided for in this agreement. Each institution is to create internal processes to guarantee that courses listed on the Core Coursework Transfer Agreement, up to the 35 credit hour limit, are accepted at the receiving institution as general studies credit. Once an incoming student’s general studies requirements have been fulfilled, or the maximum credit limit reached, the institution is to make a good faith effort to accept additional incoming credits listed on the Core Coursework Transfer Agreement. Any private post-secondary institution which wishes to participate in this core coursework transfer agreement may do so as the agreement is updated annually in the spring of each year.

3.2.l. There shall be developed and maintained specific detailed articulation agreements between appropriate public and private institutions in West Virginia. Information on articulation agreements between private post-secondary institutions, community and technical colleges and baccalaureate institutions in West Virginia, including specific courses that are part of the agreement, must be published in official campus materials and widely disseminated to students.

3.2.m. While each institution is encouraged to maintain high quality standards in its undergraduate transfer policy, it is also the expectation that each institution will be flexible in the establishment of any residence requirement. With the advent of instructional communications technology, particularly web-based instruction, and the emerging pattern of many students completing credits from a number of institutions, institutions may wish to eliminate or curtail substantially the imposition of a residency requirement for credits completed at the degree-granting institution. An institution may maintain, however, requirements for an appropriate minimum grade point average on previous work attempted and the grade point average for admission to a particular program.

3.2.n. Credits for graduate coursework at the master’s level earned at a regionally accredited institution are generally transferable to a West Virginia college or university authorized to offer master’s degree programs. The receiving institution may limit transfer credits to twelve hours and to those credits that meet master’s degree program requirements.

3.2.o. Each West Virginia public and private post-secondary institution shall file its policy on transfer of academic credits including the appeals process with the Chancellor’s office.

Series 18 Assignment of Academic Credit and Financing Noncredit Instruction

W. Va. Code R. § 29A-3A-1 thru 18 THE ABOVE RULE IS HEREBY ADOPTED AND FILED WITH THE SECRETARY OF STATE, THE EFFECTIVE DATE OF THIS RULE IS Monday, September 26, 2016 BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENTS ARE TRUE AND CORRECT

Yes Angela S Kerns -- By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §394-3-2.

Title-Series: 135-18

Rule Id: 10235 # TITLE 135 PROCEDURAL RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION ## SERIES 18 ASSIGNMENT OF ACADEMIC CREDIT AND FINANCING NONCREDIT INSTRUCTION ### §135-18-1. General.

1.1. Scope. This rule governs assignment of academic credit and financing noncredit instruction.

1.2. Authority. West Virginia Code § 18B-2B-6

1.3. Filing Date. August 24, 2016.

1.4. Effective Date. September 26, 2016.

1.5. Repeal of Former Rule. -- Repeals and replaces Title 135, Series 18 which had an effective date of January 12, 2006. ### §135-18-2. Policy.

2.1. All courses and classes offered for academic credit must be acceptable toward an associate degree, certificate program and/or the institutionally-adopted general education program(s) as set forth in the college catalog(s) as approved by the institutional governing board, and if required, also approved by the Council for Community and Technical College Education. Courses and classes offered by an institution in a partnership arrangement with another West Virginia public state college or university must also count for academic credit toward a degree or certificate program(s) at the receiving institution.

2.2. Two exceptions may be made to this general policy:

2.2.a. Those courses offered for remedial purposes in the basic academic skills areas (foundation programs);

2.2.b. Certain specialized courses designed to meet the continuing education needs of public and private school personnel.

2.3. Courses and classes not qualifying for academic credit may be assigned Continuing Education Unit (C.E.U.) value in accordance with standards established by the institutional governing board.

2.4. To fulfill the system master plan goal of meeting the workforce demands of employers and enhance economic development efforts in the state, institutions are encouraged and expected to utilize all sources of funding including but not limited to a) course and class fees, b) contract or gift funds, and c) state appropriated funds and grants.

Series 19 Dual Enrollment Pilot Program

W. Va. Code R. § 135-19-1 General

1.1. Scope. This rule details the responsibilities of West Virginia’s public community and technical colleges regarding the dual enrollment pilot program in matters of curriculum, selection of faculty, quality control, admission, setting tuition and fees, and reporting requirements.

1.2. Authority. West Virginia Code §18B-14-4(d).

1.3. Filing Date. February 27, 2024

1.4. Effective Date. February 27, 2024

1.5. Sunset Date. – This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 135-19-2 Purpose

2.1. The dual enrollment pilot program is designed to help high school students earn college and high school credits at the same time by taking courses from the State’s public institution of higher education. The purpose of this program is to promote rigorous academic pursuits while providing more opportunities for high school students to obtain college credit prior to high school graduation.

W. Va. Code R. § 135-19-3 Definitions

3.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§18B-1-2 and 18B-14-4(a) apply to this rule in addition to the definitions set forth below.

3.2. “Accreditation” means a status attained by the community and technical college through voluntarily meeting standards established by a nongovernmental entity recognized by the U.S. Department of Education to assess and evaluate the quality of the instruction and its programs. In this rule, such entity is referred to as “accreditor.”

3.3. “Chancellor” means the chief executive officer of the West Virginia Council for Community and Technical College Education employed pursuant to W. Va. Code § 18B-2B-3 or his or her designee.

3.4. “Fees” means the costs charged by the institution of higher education for the enrollment application, activities required by the institution that may enhance a student’s likelihood of academic success, or course-related or laboratory fees.

3.5. “Secondary school” or “high school” includes traditional public or private high school, charter school, home school, learning pod, microschool, or other educational program authorized by the Legislature that encompasses education commonly received in grades 9 through 12.

3.6. “State Board” means the West Virginia Board of Education created by W. Va. Const. Art. XII, § 2 and defined in W. Va. Code § 18-1-1.

3.7. “State Superintendent” means the State Superintendent of Free Schools as defined in W. Va. Code § 18-1-1 or his or her designee.

3.8. “Textbooks” include traditional books, digital courseware, course material, and open educational resources as defined in W. Va. Code §§ 18B-10-14 and 18B-10-14a respectively.

W. Va. Code R. § 135-19-4 Courses

4.1. Any dual enrollment course shall meet the same academic standards as those required for on-campus instruction by the community and technical college’s accreditor.

4.2. The community and technical college shall limit dual enrollment courses to lower division undergraduate courses which are jointly agreed upon by the cooperating college and high school, and such courses shall be transferable between the State’s institutions of higher education.

4.3. The following college credit opportunities are not part of the dual enrollment pilot program:

4.3.1. The State Department’s Earn a Degree, Graduate Early (EDGE) program;

4.3.2. The College Board’s Advanced Placement (AP) classes;

4.3.3. The College Board’s College Level Examination Program (CLEP); and

4.3.4. Articulated credit.

4.4. Each institution offering dual enrollment courses shall establish policies for the routine evaluation of instructors and courses. College personnel shall evaluate dual enrollment faculty using the same processes as are used for other faculty.

4.5. Wherever and to the extent practicable, the community and technical college shall offer open educational resources for dual enrollment courses.

W. Va. Code R. § 135-19-5 Faculty

5.1. Faculty teaching dual enrollment courses shall meet the minimum faculty credential requirements as specified by the college that will grant the credit and the college’s accreditor.

5.2. The college shall assign adjunct/part-time faculty status to high school teachers who teach college courses in the high school, whose employment as such shall be consistent with any accreditation standards for employment of adjunct/part-time faculty.

W. Va. Code R. § 135-19-6 Admissions

6.1. The dual enrollment pilot program is limited to secondary students who are in their junior and senior years of instruction unless the approved pathway requires students to start earlier.

6.2. A participating community and technical college shall apply its established admission criteria for secondary school students participating in the dual enrollment pilot program, which may not do either of the following:

6.2.1. Be set at a higher standard than the admission criteria established for other students attending the institution; or

6.2.2. Require different standards among students participating in the dual enrollment pilot program based on secondary grade level or student age.

6.3. A community and technical college is not required to give priority to students participating in the dual enrollment pilot program over other students regarding admission or enrollment into courses: Provided, That once a secondary student is enrolled in a dual enrollment course, the college may not displace that student from the course unless he or she voluntarily drops the course or fails to meet student conduct or academic rules established by the college.

6.4. Alternative admission requirements may be applicable for specific approved pathways.

6.5. The community and technical college shall afford dual enrollment students the same rights and responsibilities as on-campus students and provide them the same level of access to learning resources such as libraries, laboratories, and databases.

W. Va. Code R. § 135-19-7 Tuition/Fees

7.1. Participation in the dual enrollment pilot program shall be at no cost to the participating student. The Council shall reimburse institutions participating in the dual enrollment pilot program at a rate of $75 per credit hour as long as funds are available for that purpose.

7.2. In order to receive the reimbursement provided for in Section 7.1., the community and technical college shall submit data on a form and by deadlines prescribed by the Chancellor that, at a minimum, identifies the students enrolled and the hours completed at the college.

W. Va. Code R. § 135-19-8 Academic Support Services

8.1. Each community and technical college shall provide the following academic support services for students enrolled in the dual enrollment pilot program:

8.1.1. Assign an academic advisor who is employed by the college to each student enrolled at that college in the dual enrollment pilot program and ensure that the following occur:

8.1.1.a. Prior to the first day of the term of enrollment at the college, provide to each participating student the name and contact information of the academic advisor assigned to the student, along with the advisor’s office hours and meeting scheduling process; and

8.1.1.b. Require a meeting between the assigned academic advisor and each student enrolled in the dual enrollment pilot program, which meeting shall occur, either virtually or in person, prior to the established college withdrawal date to allow the participating student the opportunity to consider withdrawing from the course before a poor grade would negatively affect his or her grade point average. The mandatory meeting shall provide information including, but not limited to, the following:

8.1.1.b.1. Academic resources available to assist students;

8.1.1.b.2. Availability of the academic advisor to assist students after the meeting;

8.1.1.b.3. Process for engaging faculty and other campus resources for academic assistance;

8.1.1.b.4. The college’s student handbook and code of conduct; and

8.1.1.b.5. The academic impact of dropping a course after the prescribed no-fault withdrawal date and the impact of failing a course on eligibility for State-sponsored financial aid programs.

8.2. Prior to the first day of the college’s term of enrollment, each college enrolling a student in the dual enrollment pilot program shall provide to each secondary school counselor or other identified secondary school staff designated to provide counseling services to the students of the secondary school the following information:

8.2.1. A roster of participants from that secondary school who are enrolled at the college and a list of course enrollment for each student participant; and

8.2.2. The date signifying when withdrawal from a course would negatively affect a student participant’s grade.

8.3. The community and technical college shall provide each student a comprehensive course syllabus that follows best academic practices and includes, but is not limited to, the following information: learning objectives, course and assignment deadlines, links to college services, contact information for faculty and academic advisors, and any other information necessary to ensure student success.

W. Va. Code R. § 135-19-9 Reporting

9.1. Each institution participating in the dual enrollment pilot program shall maintain a records regarding its dual enrollment program as required by W. Va. Code §18B-14-4(e)(1) through (6).

9.2. Each institution shall submit a report regarding the immediately preceding academic year to the Council by May 31 each year, on a form and in a manner prescribed by the Chancellor, detailing the information specified in Section 9.1. above.

9.3. If a community and technical college fails to submit required information, the Chancellor may withhold payment to, demand repayment from, or suspend the college’s eligibility to continue participating in the dual enrollment pilot program.

9.3.1. If the decision is to suspend a college’s eligibility, prior to such suspension, the Chancellor shall send written notice of noncompliance providing the college with 30 days to submit the data before the suspension goes into effect.

9.3.2. If the decision is to withhold payment, the Chancellor shall send written notice of noncompliance stating that the Council is withholding funding until the college submits the required data.

W. Va. Code R. § 135-19-10 Notice to Students, Parents or Guardians, and Secondary Schools

10.1. Participating community and technical colleges shall post notice of their participation in the dual enrollment pilot program and criteria for student participation in the program on their websites and in all general material and other media they use to advertise participation in postsecondary opportunities to secondary school students. The posting shall include the following:

10.1.1. The courses offered at the secondary schools;

10.1.2. A link to where students can get information regarding academic program requirements;

10.1.3. The criteria for student admission;

10.1.4. The timeline for student application submission;

10.1.5. The timeline for course registration for summer, fall, and spring terms;

10.1.6. Current rate of tuition and fees to be paid by the dual enrollment program; and

10.1.7. The cost of textbooks and other course materials.

10.2. A partnering community and technical college shall coordinate with a partnering secondary school to present an informational session for interested students and their parents or guardians. The college shall provide appropriate representative(s) who are able to answer questions regarding admission standards and procedures, program and degree requirements, and the costs covered and not covered by the dual enrollment pilot program.

10.3. Each community and technical college admitting and enrolling a student in the dual enrollment pilot program shall issue the following to the student participant and the student participant’s secondary school:

10.3.1. Upon enrollment, a preterm notice of admission;

10.3.2. Not later than 21 calendar days after the first day of classes for a term of enrollment, a confirmation of course enrollment listing the courses and hours of enrollment;

10.3.3. No later than 21 calendar days after the last day of classes for a term of enrollment, a notice of course completion listing grade and hours earned. The college shall provide students an official copy of their transcript upon request; and

10.3.4. Information on how a student may participate in the college’s course evaluation process upon completion of the dual enrollment course.

135CSR19

Series 20 Initial Authorization of Degree-Granting Institutions

W. Va. Code R. § 135-20-1 General

1.1. Scope. -- This rule establishes the policy and procedure regarding the Council’s approval of degree-granting institutions which offer degrees or other postsecondary credentials at or below the associate level.

1.2. Authority. -- West Virginia Code §18B-4-7

1.3. Filing Date. -- February 28, 2024

1.4. Effective Date. -- February 28, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 135-20-2 Purpose

2.1. The West Virginia Council for Community and Technical College Education is charged by the Legislature with authorizing independent non-profit and for-profit institutions and out-of-state institutions to provide postsecondary academic credit or to confer degrees in this State. Authorization is required for all postsecondary providers that offer degrees and postsecondary credentials at or below the associate degree level regardless of whether they use the term “academy,” “college,” “institution,” “university” or similar verbiage in the name of the operation.

2.2. This rule provides institutions of higher education with guidelines and procedures for establishing operations and obtaining authorization to confer degrees in West Virginia. Compliance with the standards ensures that each institution operating in this State meets basic expectations for conferring postsecondary degrees or credentials or delivering instruction creditable toward such postsecondary degrees or credentials.

2.3. This rule is designed to prevent deception of the public resulting from the offering, conferring, or use of fraudulent or substandard degrees and to protect legitimate institutions and those holding degrees from them.

W. Va. Code R. § 135-20-3 Definitions

3.1. “Academic credit” means the certification of a student’s successful completion of a unit of a course of study leading to a formal award granted by an institution approved to offer a postsecondary credential or degree at or below the associate degree level.

3.2. “Accreditation” means a status attained by the institution through voluntarily meeting standards established by a nongovernmental entity recognized by the U.S. Department of Education to assess and evaluate the quality of the institution and its programs. In this rule, such entity is referred to as “accreditor.”

3.3. “Authorization” means the status granted by the Council that allows the institution to offer programs and courses within the State of West Virginia that lead to conferral of a degree, earned when the institution demonstrates compliance with the requirements of this rule.

3.4. “Chancellor” means the Chancellor for Community and Technical College Education as that term is defined by W. Va. Code § 18B-1-2 or his or her designee.

3.5. “Contact hours” or “clock hours” means the amount of time in actual hours students spend in class under the instruction of and in the physical presence of faculty or instructional staff or in an interactive distance learning course.

3.6. “Council” means the West Virginia Council for Community and Technical College Education as defined by W. Va. Code § 18B-2-1 and as created by W. Va. Code § 18B-2B-1, et seq.

3.7. “Course” means a formally organized, structured series of instructional activities open to the general public for which a fee is charged, and for which credit toward a degree either is awarded or may reasonably be understood to be applicable to a degree with the intent of imparting information or understanding at a level appropriate to a postsecondary audience. Instruction may be in face-to-face meetings or delivered electronically or by other means.

3.8. “Degree” means any designation, appellation, series of letters or words, or other symbol that signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic program of study beyond the secondary school level.

3.9. “Degree program” means a defined, integrated curriculum or course of study that leads to a degree in a discipline or interdisciplinary specialty.

3.10. “Distance education” means the delivery of any course or degree programs by synchronous or asynchronous technology. Asynchronous or synchronous technology via distance delivery includes all forms of internet, electronic, digital, online, video, and any other technology driven delivery system.

3.11. “Institution” means an educational facility maintained by any person, partnership, firm, public or private corporation, association, agency, institute, trust or other entity of any nature whatsoever operating as a school, academy, institute, private junior college, college, university, or entity of whatever kind that furnishes or offers to furnish instruction leading toward or prerequisite to a credential or degree beyond the secondary school level, but below the baccalaureate level, and that requires that, in order to obtain a degree, the recipient thereof satisfactorily complete a degree program. For purposes of this rule, this definition does not apply to any State institution of higher education, as that term is defined in W. Va. Code § 18B-1-2.

3.12. “Physical Presence” means an actual presence in this State, online or on-site, for the purpose of conducting operations as an institution, including enrollment, solicitation or advertising. Physical presence also includes, but is not limited to:

3.12.1. A physical site located within the State from which instruction originates or in which instruction is delivered;

3.12.2. Dissemination of an educational credential from a location within the State;

3.12.3. An agent, whether compensated or not, who is utilized for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or any other activity on behalf of the institution;

3.12.4. Advertising, promotional material, or public solicitation in any form specifically directed to West Virginia residents through distribution or advertising in the State;

3.12.5. Instructional delivery that receives assistance from any other organization within the State to facilitate or provide such delivery.

3.12.6. Clinical experiences, internships, or other similar curricular activity. This subsection does not apply to online instructors residing in West Virginia but having no direct, in-person contact with students, or individuals participating in college fairs coordinated by the Council, local school districts, or other providers of primary or secondary education.

3.13. “Preliminary status” means a six-month period of time that the Council grants to an institution to satisfactorily complete preliminary information as required by accreditor. During this time period, the institution may not accept students, offer instruction, award credits toward a degree, or award a degree until granted further authorization by the Council.

3.14. “Probationary status” means that the Council has authorized an institution to enroll students, offer instruction, graduate students, and award degrees or postsecondary credentials under the condition that the institution is continuously seeking and making satisfactory progress toward acquiring full accreditation and full State authorization.

3.15. “Reauthorization” is the process by which an institution annually renews its authorization by the Council. This process is governed by 135 C.S.R. 52, Annual Reauthorization of Degree-Granting Institutions.

3.16. “Religious, theological, or faith–based institution” means a postsecondary institution that offers no general degree programs and limits its course of instruction to religion, theology, or preparation for a religious vocation or is operated by a church or religious organization and limits its instruction to preparation for service to churches or other religious organizations.

3.17. “Unearned Tuition” means the portion of tuition paid for which the institution has not fulfilled its contractual agreement.

W. Va. Code R. § 135-20-4 Authorization Required; Exceptions

4.1. No institution may advertise, solicit, recruit, enroll, or confer a degree or postsecondary credential or any object in evidence thereof in this State unless and until authorized by the Council to do so.

4.2. Religious, theological, or faith-based institutions are excepted from the requirement of Council authorization. However, any such institution that offers general degree programs shall seek authorization in accordance with this rule.

4.3. The following out-of-state institutions are excepted from the requirement of Council authorization:

4.3.1. Those offering courses through brokering a partnership or other collaborative arrangement with a State institution of higher education through which it provides support for the State institution’s programmatic offerings;

4.3.2. Those offering a short course or seminar in which the instruction takes no more than 20 clock (contact) hours and is not for college credit; or

4.3.3. Those offering courses or programs on a military installation solely for military personnel or civilians employed on such installation.

4.4. Non-degree granting institutions whose programs are designed primarily for direct job entry or upgrading job skills and are described in clock (contact) hours are excepted from the requirement of Council authorization. These programs typically prepare individuals for employment and do not require courses beyond those specific to the job or its field with program length sufficient to achieve outcomes.

4.5. Each institution that claims to be excepted from authorization by this section shall provide to the Council any information requested by the Council to determine whether the exception applies. The Council shall receive the institution’s written request for such determination at least 30 days prior to the date the institution proposes to begin offering a course of instruction. The Council shall notify the institution of its determination in writing.

W. Va. Code R. § 135-20-5 Institutional Titles

5.1. An institution shall use a title appropriate to the program and degree it offers in this State.

5.2. No person, firm, association, institution, trust corporation or other entity shall use in any manner the term “college” or “university” or any abbreviation thereof, or any words or terms tending to designate it as, or create the impression that it is, an authorized institution, unless and until it obtains authorization as provided in this rule.

5.3. This section does not apply to any institution which used the term “college” or “university” prior to July 1, 2006.

5.4. This section does not apply to individual proprietorships, associations, co-partnerships, or public or private corporations which use the words “college" or "university” in their branding of training programs the delivery of which is limited to their employees or customers, which do not offer degree programs, and whose name includes the word “college” or “university” in a context from which it clearly appears that such entity is not an educational institution.

W. Va. Code R. § 135-20-6 Authorization to Operate

6.1. An institution locating in West Virginia must register with the Secretary of State’s office prior to making any application to the Council for authorization.

6.2. All institutions not excepted per Section 4 and offering any degree or postsecondary credential at or below the associate degree level shall apply for and receive from the Council initial authorization prior to offering any program of instruction, credit, or degree; opening a place of business; soliciting students or enrollees; or offering educational support services.

6.3. Applicants for initial authorization shall demonstrate compliance with the Council’s standards for academic programs, which encompass institutional accreditation, mission and governance, institutional and program resources and facilities, academic policies, student support services, curriculum, faculty capacity, and credentialing and assessment as set forth in this rule.

6.4. Institutions seeking to exceed or change their approved programmatic mission shall receive approval from the Council to offer each program that exceeds the level of academic degrees that the institution is authorized to grant. Such institution shall submit documentation to the Council, signed and verified by the chief executive officer of the institution, that specifies the scope of the proposed change, including long-range plans for new degree programs and programs that exceed the level of academic degrees currently authorized for the institution. The Council shall evaluate requests to exceed an institution’s programmatic mission based on the following criteria: objectives of proposed program; demonstration of need; effect of new program on existing programs at other institutions; resource availability; qualified faculty and administrators; library holdings and support; facilities and equipment; and evidence of strength to offer the proposed program.

6.5. Proprietary schools seeking initial authorization shall post a surety bond in accordance with W. Va. Code § 18B-2B-9 and 135 C.S.R. 35, Business, Occupational, and Trade Schools.

6.6. Institutions with a physical presence in West Virginia shall meet all applicable health, safety, fire, and sanitation laws, including the Americans with Disabilities Act and provide documentation of such compliance to the Council upon request.

6.7. Institutions seeking West Virginia authorization may withdraw from the authorization process at any time upon written notification to the Chancellor.

W. Va. Code R. § 135-20-7 Procedures for Applying for Initial Authorization

7.1. Newly established institutions in West Virginia and those seeking accreditation by an accreditor shall seek Council authorization to offer courses and/or academic programs within West Virginia by submitting an application on a form prescribed by the Council, signed and verified by the chief executive officer of the institution, and accompanied by an application fee of $6,000, which fee the Council may adjust from time to time as it deems necessary. Following are the steps to be taken by the institution and the Council to initially authorize an institution:

7.1.1. The applying institution shall contact the Secretary of State’s office to determine compliance with its requirements for starting or operating a business in West Virginia.

7.1.2. The applying institution shall attend a preliminary conference between the institution’s chief executive officer or designee and the Chancellor. The agenda shall include a discussion of criteria the institution must meet and procedures it must follow to obtain authorization.

7.1.3. The applying institution shall submit a self-study report following the preliminary conference that includes all requested documents and materials related to initial authorization, including complete and accurate documentation demonstrating fulfillment of the essential conditions in Section 9 of this rule, including evidence of a critical and compelling regional or Statewide need or demand for the specific academic degree program(s) in West Virginia.

7.1.4. The applying institution shall facilitate and participate in the Chancellor’s visit to the site(s) of the institution seeking state authorization and any follow-up meetings requested by the Chancellor. At the discretion of the Chancellor, the Chancellor may form a compliance review committee, which may participate in the Chancellor’s site visit. The principal task of the compliance review committee is to verify that the institution meets the Council’s standards for preliminary authorization and to report its findings to the Council. The compliance review committee may be composed of any or all of the following:

7.1.4.a. Persons who are qualified by academic training or professional experience to verify the institution’s compliance with Council standards for approval.

7.1.4.b. Members of the Council staff as directed by the Chancellor.

7.1.5. Following the site visit and review of submitted documentation, the Chancellor shall prepare an analysis of the findings and develop a recommendation for the Council regarding the institution’s application.

7.1.6. The Chancellor shall provide to the applying institution a draft of the report prepared in accordance with this section for correction of factual errors and comment. The institution may respond to the draft report within 10 working days of receiving it. The Chancellor shall include the institution’s comments in the report presented to the Council.

7.1.7. Upon receipt and review of the Chancellor’s recommendation, the Council may grant the institution Preliminary State Authorization effective for up to six months. Within that period of time the institution shall satisfactorily complete the preliminary process required by the accreditor. During this time, the institution may not accept students, offer instruction, award credits toward a degree, or award a degree until the Council grants full authorization. If the applying institution does not satisfactorily complete the preliminary accreditation process during its six-month Preliminary Authorization period, the Council may suspend or revoke its authorization.

7.1.8. If, at the time of applying for initial authorization, the institution is not fully accredited by an accreditor, the Chancellor shall request the institution to submit information verifying its accreditation status and/or evidence of “reasonable and timely progress” toward achieving accreditation. “Reasonable and timely progress” toward accreditation means a status with an accreditor, which status shall be documented, indicating that the accreditor has determined that the institution has the potential for accreditation and is actively pursuing accreditation within the timetable established by the accreditor: Provided, That the institution may submit an alternative timetable to the Council for approval.

7.1.9. Once the institution has been accepted for consideration for candidacy by the accreditor and has submitted documentation of the same to the Council, the Council may grant the institution Probationary Authorization status: Provided, That the institution has met all other criteria for initial authorization. The institution shall remain on Probationary Authorization status no longer than six years.

7.1.9.a. An institution holding Probationary Authorization status shall continuously pursue accreditation and shall comply with all accreditation requirements and procedures to achieve full accreditation. If the applying institution does not continuously pursue accreditation during its period of Probationary Authorization, the Council may suspend or revoke its authorization.

7.1.9.b. Each institution holding Probationary Authorization status shall submit an annual report to the Council along with a nonrefundable fee of $500, which fee the Council may adjust from time to time as it deems necessary. The annual report shall be in a form prescribed by the Council, signed and verified by the chief executive officer of the institution, and include the following:

7.1.9.b.1. Any changes or additions to information previously submitted as part of the application for Preliminary Authorization;

7.1.9.b.2. A copy of or link to the institution’s current catalog with major changes cited;

7.1.9.b.3. The institution’s financial statement from the most recent fiscal year;

7.1.9.b.4. The institution’s enrollment report from the most recent academic year;

7.1.9.b.5. A list of all institutional personnel including staff, instructors, administrators, and agents;

7.1.9.b.6. Summary data on student State and federal financial aid;

7.1.9.b.7. Data on student retention;

7.1.9.b.8. Program completion data, as applicable;

7.1.9.b.9. Status of progress toward receiving full accreditation the accreditor; and,

7.1.9.b.10. Any other information or clarification requested by the Chancellor for determination of authorization recommendation.

7.1.9.c. Following the accreditor’s site visit and action granting the institution accreditation status, the institution shall immediately notify the Council, which may then authorize the institution as follows:

7.1.9.c.1. Full Authorization, as a result of the decision by the accreditor to accredit the institution and the institution having demonstrated compliance with the essential conditions for Authorization as set forth in Section 9 below.

7.1.9.c.2. Continued Probationary Authorization pending the institution’s appeal of an accreditor’s denial of accreditation. The Council may only grant Continued Probationary Authorization upon a showing of good cause by the institution in its annual report or other submission to the Council that it is continuing to pursue accreditation and that it continues to meet the criteria for initial authorization set forth in this rule.

7.1.9.c.3. Not Authorized as a result of denial of accreditation by the accreditor and the institution’s loss of all available appeals of that denial or the institution’s failure to meet the criteria for initial authorization set forth in this rule.

7.1.10. An institution that changes ownership while its application for initial authorization is pending shall immediately notify the Council of such change and update its application accordingly. Within six months of receiving written notification of such change of ownership, the Council shall reassess the institution’s authorization status.

7.2. Accredited, institutions having their principal places of operation outside West Virginia and seeking to offer courses or degree programs at a physical location in West Virginia shall consult with the Secretary of State as required by Subsection 7.1.1. above. These out-of-state institutions shall also meet the following requirements:

7.2.1. The institution shall submit an application on a form prescribed by the Chancellor for each course or degree program to be offered at the site and an application fee not to exceed $500. The application shall certify that:

7.2.1.a. Each course or program of study proposed to be offered in West Virginia has been approved by the governing board of the institution, and if applicable, by the appropriate state agency in the state where the main campus of the institution is located.

7.2.1.b. The institution has been authorized to operate as necessary by the appropriate agency, if any, in the state where the main campus of the institution is located.

7.2.1.c. The institution offers degree programs at the level for which credit is proposed to be awarded in those programs in West Virginia.

7.2.1.d. The out-of-state institution is authorized by its accreditor to offer degree programs outside the state where the main campus is located.

7.2.1.e. Any credit earned in West Virginia can be transferred to the institution’s principal location outside West Virginia as part of an existing degree program offered by the institution.

7.2.1.f. The institution offers the same program at the same level at its principal location outside West Virginia that it seeks to offer at a physical location in West Virginia.

7.2.1.g. The institution provides data that projects market demand and availability of openings in the job market to be served by the new program that the institution is seeking authorization to offer in West Virginia.

7.2.2. In making its determination, the Council shall consider whether the proposed degree programs or courses duplicate existing offerings of other institutions of higher education at the locations for which approval is requested.

7.2.3. The Council may authorize degree programs for a period of up to four years at a specified location: Provided, That the institution submits an application for renewal of the authorization with the Council at least 90 days prior to the initial authorization’s expiration. The Council may authorize courses for a period of one year at a specified location: Provided, That the institution annually submits an application for renewal of the authorization with the Council at least 90 days prior to the initial authorization’s expiration.

7.2.4. Accredited, out-of-state institutions authorized to deliver programs and/or courses in West Virginia for a specified period of time are not subject to the annual reauthorization provision of Section 14 of this rule.

7.2.5. The Council may waive or modify any or all of the reporting requirements established in this rule.

7.2.6. The Council shall notify in writing all institutions of its final decision on their applications for authorization. The Council shall assess such institutions an initial authorization fee not to exceed $500.

7.3. Religious, theological or faith-based institutions. -- To qualify as a religious, theological, or faith-based college excepted from initial authorization by the Council, an institution shall submit an application for such exception on a form prescribed by the Chancellor, which shall be signed and verified by the chief executive officer of the institution. The application shall include documentation that the operation meets the definition of religious, theological or faith-based institution provided in Section 3 of this rule and that it meets each of the following criteria:

7.3.1. The operation is a non-profit institution owned, controlled, operated, and maintained by a bona fide church or religious denomination, lawfully operating as a non-profit religious corporation.

7.3.2. The operation limits its educational program to the principles of that church or denomination, and the diploma or degree is limited to evidence of completion of that education.

7.3.3. The operation grants degrees or diplomas only in areas of study that contain on their face, in the written description of the title of the degree or diploma being conferred, a reference to the theological or religious aspect of the degree’s subject area.

7.3.4. The operation does not market, offer, or grant any general academic degrees or diplomas, but instead confers only degrees, diplomas, and other written evidence of proficiency or achievement that bear titles clearly signifying the religious, theological, or faith-based nature of the instruction offered by the institution.

7.3.5. The institution is exempt from ad valorem property taxation under State law.

7.3.6. The operation may submit additional evidence substantiating that it is religious, theological, or faith-based, including:

7.3.6.a. Documentation that the institution holds at least pre-accreditation status with an accreditor;

7.3.6.b. A statement of institutional mission clearly establishing the mission of the institution as solely religious, theological, or faith-based and curricula and degree, diploma, or certification programs that clearly support that mission singularly; and

7.3.6.c. Other documentary evidence of qualification for exception from the requirements of initial authorization as a religious, theological, or faith-based institution.

7.3.7. An institution is not excepted from the requirement of initial authorization as a religious, theological, or faith-based institution if it offers degrees appropriate for academic institutions, such as, but not limited to, Associate of Arts, Associate of Science, or other degrees typically offered by academic institutions, regardless of curriculum of course content, unless the degree title includes the religious field of study (e.g., “Associate of Arts in Religious Studies”). Institutions operating as religious, theological, or faith-based also may not offer degrees associated with specific professional fields or endeavors not clearly and directly related to religious studies or occupations.

7.3.8. A religious, theological, or faith-based institution shall prominently disclose on any of its transcripts, degrees and diplomas, honorary degrees, or other written evidence of proficiency or achievement, and include in any promotional materials or other literature intended for the public the statement: “This institution is not authorized by the West Virginia Council for Community and Technical College Education or the State of West Virginia.”

7.3.9. An institution operating as a religious, theological, or faith-based institution pursuant to this rule is not subject to annual reauthorization governed by 135 C.S.R. 52, Annual Reauthorization of Degree-Granting Institutions, so long as it continues to meet the criteria established herein: Provided, That if, at any time after the Council’s written determination that the institution is excepted from the requirement of initial authorization, the operation or mission of any religious, theological, or faith-based institution changes and it begins offering general academic degree programs or courses of study, such institution shall notify the Council immediately and submit an application for initial authorization in accordance with Subsection 7.1. or 7.2. of this rule.

W. Va. Code R. § 135-20-8 Authorization Procedures for Out-of-State Institutions with Physical Presence in West Virginia

8.1. An out-of-state institution with physical presence in West Virginia, as defined in Section 3, but no physical location within the State shall apply to the Council for initial authorization by submitting a written application on a form prescribed by the Chancellor that is signed and verified by the chief executive officer of the institution and includes the following:

8.1.1. Documentation that the institution has established a “physical presence” in West Virginia, as that term is defined in Section 3 of this rule;

8.1.2. Documentation of accreditation by an accreditor;

8.1.3. An initial application fee of $500, which the Council may adjust or waive as it deems appropriate;

8.1.4. Documentation that the institution is authorized to operate by the appropriate agency in its home state; and

8.1.5. Any additional information required by the Chancellor to determine whether to grant the institution’s application for initial authorization.

8.2. The Council may authorize an institution with a physical presence, but not a physical location, in West Virginia for up to four years: Provided, That the institution submits an application for renewal of the authorization to the Council at least 90 days prior to the expiration of the initial authorization.

8.3. Institutions authorized under this section are not subject to the reauthorization process established in 135 C.S.R. 52, Reauthorization of Degree-Granting Institutions.

W. Va. Code R. § 135-20-9 Criteria for Authorization Essential Conditions

9.1. Essential Conditions. -- An institution seeking initial authorization shall meet the following essential conditions.

9.1.1. The institution shall provide evidence that it is familiar with and understands its accreditor’s accreditation procedures and State authorization rules and procedures. The statement shall indicate perceived strengths and weaknesses with respect to accreditation criteria and assess the institution’s ability to achieve accreditation status. It shall state the name of the accreditor from which the institution is seeking accreditation. If the institution has secured full accreditation, it shall submit a copy of the final accreditation report to the Council.

9.1.2. The institution shall provide a copy of its mission statement, which has been formally adopted by the institution’s governing body and made public, and which defines the basic character of the institution, including a brief description of the educational programs to be offered and their purposes, the students for which the programs are intended, the geographical area served by the institution (or the particular constituency it serves), and a description of how the institution will fit within the broader higher education community. The mission shall be appropriate to an institution and the institution must plan to award degrees.

9.1.3. Institutional organization, administration, and delivery sites.

9.1.3.a. The institution shall have an established governing board that possesses and exercises necessary legal power to enact and review basic policies that govern the institution. The board shall include among its members people who represent the public interest and are sufficiently autonomous from the administration and ownership to assure the integrity of the institution. The institution shall submit a list of the members of the board with a brief resume of each.

9.1.3.b. Documentation that the governing board has designated a chief executive officer to provide administrative leadership for the institution, including the chief executive officer’s name, title, current vita, and the physical and mailing address of the administrative office, if different.

9.1.3.c. If faculty members are employed at the time of application, the institution shall submit their names, their academic credentials (degrees, previous experience, etc.), and their teaching fields. If no faculty members have been employed, the institution shall describe the qualifications of the faculty it is recruiting and the procedures it is using to find and contract with faculty members.

9.1.3.d. The institution shall provide a description of the method of program delivery and/or the physical location of course delivery. If a program is designed for online delivery, it shall meet best practice guidelines for distance education delivery as outlined by the accreditor. If the program is designed for traditional classroom delivery, the institution shall identify the proposed physical location.

9.1.3.e. To assure that instructional delivery sites meet applicable State standards for health and safety, institutions shall secure a certificate of occupancy and recent fire inspection report from the State Fire Marshal’s office for each instructional delivery site. If delivery is in a public building that already has regular health, safety, and fire inspections, the institution may instead submit a copy of the building’s last approved inspection report. If the nature of the building changes, the institution shall submit updated inspection reports.

9.1.3.f. Instructional delivery sites shall comply with the Americans with Disabilities Act.

9.1.4. Degrees and academic programs. – The institution shall provide:

9.1.4.a. A list of the degrees it proposes to award;

9.1.4.b. A description of how the planned educational programs are compatible with the proposed institutional mission;

9.1.4.c. A description of how the fields of study upon which the academic programs are to be based are recognized as appropriate for a postsecondary institution and appropriately named. This may be demonstrated by the existence of professional literature in the field; the offering of similar programs in already-accredited institutions, generally; and by the existence of professional organizations related to the field;

9.1.4.d. Documentation that the content and length of the proposed academic program follows practices common to institutions of higher education. The maximum program length is 60 semester credit hours for associate degrees, unless institutional or program accreditation requires otherwise;

9.1.4.d.1. Certification that the institution shall award academic credit upon the student’s completion of each unit of the course of study and grant a formal postsecondary credential upon the student’s successful completion of the academic program;

9.1.4.d.2. A list of requirements for each degree program, including representative course syllabi specifying goals and requirements, course content, methods of evaluation, and bibliography;

9.1.4.d.3. Documentation that the student-teacher ratio is reasonable at all times in keeping with generally accepted teaching modes for the subject matter and that the institution will employ at least one full-time faculty for each degree program.

9.1.4.e. Documentation that any proposed associate degree program includes a coherent general education component that is consistent with the institution’s mission and appropriate to its educational programs. General education is defined as follows:

9.1.4.e.1. General education curriculum may not be directly related to a student's formal technical, vocational, or professional preparation; it is a component of every student’s course of study, regardless of the area of emphasis the student is pursuing; and it is intended to impart common knowledge, intellectual concepts, and a diverse range of perspectives that every educated person should possess.

9.1.4.e.2. The minimum requirement for general education for all undergraduate programs delivered through the traditional distributed curricula is 15 semester credits for technical and applied associate degrees and 24 for academic associate degrees. If the general education component is delivered through integrated, embedded, interdisciplinary, or other accepted models, institutions shall demonstrate that the program meets minimum requirements equivalent to the distributed model.

9.1.4.f. A description of the learning resources and support services that the institution will provide to students on a regular, dependable basis, including access to library and online resources; laboratories; and academic advising, financial aid counseling, and support for special, targeted constituencies;

9.1.4.g. Documentation demonstrating that academic standards for all programs or courses offered electronically or by other distance learning methods are the same as those for other courses delivered at the institution and that any programs offered primarily through asynchronous or synchronous technology meet the standards of good practice for distance education delivery as prescribed by the accreditor.

9.1.5. Admission policies. -- Documentation that the institution’s admission policies are consistent with its mission and appropriate to the educational program, including a copy of the institution’s admission policies (which shall require at least a high school diploma for equivalent for associate degree programs), tuition and fees, and refund policies. The policies shall define the minimum requirements for eligibility for admission to the institution and for acceptance at the specific degree level or into all specific degree programs. These policies and related publications shall provide a true and accurate representation of the institution and its programs when recruiting students;

9.1.6. Financial resources. -- Documentary evidence that the institution has financial resources adequate to support start-up activities and sources of funds sufficient to ensure that the institution can sustain operations once students are admitted, including:

9.1.6.a. A current financial statement compiled or audited by an independent certified public accountant or a copy of the most recent income tax return if the financial statement is unaudited or internally generated;

9.1.6.b. A budget listing all sources of income and all Educational and General (E&G) expenditures and specifying the dollar amounts and percentages for each component of the budget for the preceding three fiscal years (including the current year) and a projection of expenditures and revenues for the upcoming year.

9.1.6.c. Documentation that the institution has the financial resources and planning sufficient to realize its mission over an extended period of time including financial resources sufficient to meet the following: facility maintenance and overhead; staff and faculty payroll; books, supplies, and/or equipment utilized by students; and general operating costs, including printing and advertising.

9.1.7. Faculty credentials. -- A description of how the institution will ensure that each full-time, part-time or adjunct instructional faculty member holds appropriate academic credentials in the program area or discipline in which the faculty member teaches. Each instructional faculty member shall meet qualifications as required by the accreditor;

9.1.8. Evaluation and assessment. -- Documentation explaining the clearly defined process by which the institution establishes, reviews, and evaluates its curriculum as well as how it will provide for appropriate and regular evaluation of its program and course effectiveness, including assessment of student learning, retention, graduation rates and student, graduate, faculty, and employer satisfaction.

9.1.9. Tuition policies. -- A copy of the institution’s tuition policy, which shall provide at a minimum:

9.1.9.a. That the total tuition for any specific program is the same for all persons enrolled at the same time;

9.1.9.b. That tuition charges for programs are objectively justifiable, effective on specific dates, and applicable to all who enroll thereafter;

9.1.9.c. That additional charges and costs are provided to prospective students before they are enrolled;

9.1.9.d. That true and accurate costs of courses and program completion are published and made readily available to all prospective and current students; and

9.1.9.e. That the institution has a tuition and fee refund policy that is available to all students. If the institution is Title IV eligible, the refund policy shall comply with the federal regulations governing institutional refunds.

9.1.10. Financial Aid. -- A copy of the policy that provides prospective students and applicants with basic opportunities for student financial aid. This information includes, but is not limited to: (1) types of federal, State, local, private, and institutional aid the institution offers; (2) description of the financial aid application process and the method the institution uses to determine student eligibility for aid; (3) methods and schedules the institution uses to determine and disburse financial aid to students; and (4) statement of the rights and responsibilities of financial aid recipients, including an explanation of student responsibility for repayment of loans and other financial aid and the consequences of non-payment and delinquent or default repayment of loans .

9.1.11. Library Resources. -- A description of how the institution maintains or ensures that students have reasonable and reliable access to a library with a collection, staff, services, equipment, and facilities that are adequate and appropriate for the mission and enrollment of the institution; including clear and concise methods for on-campus and/or remote access of library electronic media resources.

9.1.12. Institutional and student records.

9.1.12.a. A detailed explanation of how the institution maintains accurate records of all enrolled students. The institution shall maintain, at a minimum, the following student records:

9.1.12.a.1. Each student’s application for admission and admissions records containing information regarding the educational qualifications of each regular student admitted which are relevant to the institution’s admission standards. Each student record shall reflect the requirements and justification for admission of the student to the institution. The institution shall retain admission records for five years;

9.1.12.a.2. Transcript of the student’s academic work at the institution and student financial aid records, which the institution shall retain permanently in either hard copy or in a database with backup;

9.1.12.a.3. A non-transcript record of student progress at the institution including, but not limited to, course evaluations, grade change documents, and advisor records, which the institution shall retain for five years after the student leaves the institution.

9.1.12.b. The institution shall retain its financial records and produce them to the Chancellor for inspection upon request in accordance with Section 10.2. of this rule.

9.1.12.c. Institutions administering financial aid programs shall maintain a ledger and a record of financial aid administered which includes a chronological record of debits and credits which is understandable to the financial aid recipient.

9.1.12.d. The institution shall have a policy concerning retention, disposal, and release of student records that is compliant with the Family Educational Rights and Privacy Act (FERPA).

9.1.12.e. The institution shall have a written plan for the retention, custody, and retrieval of student records, including but not limited to academic transcripts, financial aid documents, international student forms, and tax information, in the event of closure of the institution or discontinuance of service. The plan shall include a method by which students and alumni of the institution will be able to retrieve such records upon request in accordance with Section 12 of this rule.

9.1.13. Catalog and official publications. -- A copy of or link to the institution’s official catalog, which shall conform to the standards established by the institution’s accreditor, and certification by the institution’s chief executive officer that the institution’s official publications are and will be true and accurate and otherwise comply with applicable consumer protection laws;

9.1.14. Student grievances. -- A copy of the institution’s student grievance policy addressing the receipt, investigation, and resolution of student complaints. The policy shall include, at a minimum:

9.1.14.a. An appropriate time frame for investigating and resolving the complaint;

9.1.14.b. A requirement that those persons charged with resolving the complaint are fair and impartial and authorized to resolve the complaint;

9.1.14.c. Procedures to ensure that a student will not be subject to unfair actions as a result of submitting a complaint or participating in an investigation of a student complaint; and

9.1.14.d. A requirement that the institution retain the records related to student complaints, including the disposition of the matter and other pertinent information for at least five years; and

9.1.15. Any additional information or data deemed necessary by the Chancellor to determine whether an institution meets the essential conditions to receive initial authorization.

W. Va. Code R. § 135-20-10 Termination, Revocation, Suspension, or Withdrawal of Initial Authorization

10.1. The Council may, for good cause shown, suspend, withdraw, revoke, or terminate the initial authorization of an institution to confer degrees or otherwise operate in this State. The Council also may place an institution on probation, order refunds to students, forfeit a proprietary school’s surety bond in accordance with 135 C.S.R. 35, Business, Occupational, and Trade Schools, or take any other appropriate action against an institution violating the provisions of this rule. “Good cause” to take adverse action against an institution’s initial authorization status includes, but is not limited to, the following:

10.1.1. Failure to provide the Council with a copy of any notice of warning, suspension, revocation or other adverse action received from any accreditor within five days of receipt of such notice;

10.1.2. The institution is no longer making reasonable and timely progress toward accreditation while assigned Preliminary or Probationary Authorization status;

10.1.3. Loss of accreditation by an accreditor;

10.1.4. Cancellation of a proprietary school’s bond by the bonding company and the proprietary school’s failure to secure a replacement in accordance with this rule and 135 C.S.R. 35, Business, Occupational, and Trade Schools;

10.1.5. Providing false, misleading, or incomplete information to the Council;

10.1.6. Presenting information or documents about the institution that is false, fraudulent, misleading, deceptive, or inaccurate in a material respect;

10.1.7. Refusal to allow reasonable inspection by or to supply requested information to the Council;

10.1.8. Repeatedly engaging in conduct prohibited by this rule and failure to take corrective action directed by the Council within the required time;

10.1.9. Closing the institution without adequately providing for the completion of students’ classes or course work, without refunding students’ unearned tuition, or otherwise failing to discharge the institution’s contractual or quasi-contractual obligations to the students;

10.1.10. Conviction of the owner of an institution of a felony or crime involving administration of the institution or State or Federal student financial aid programs;

10.1.11. Repeated and/or consistent violations of the guidelines found in this rule, particularly in areas such as advertising, fair consumer practices, or operational standards;

10.1.12. Exclusion from eligibility to participate in State or Federal student financial aid programs based on any of the following:

10.1.12.a. The institution does not have a signed participation agreement in place; or,

10.1.12.b. The institution has been deemed ineligible to participate in Federal student financial aid programs by the United States Department of Education; or

10.1.12.c. The Council has determined, based upon audits and/or administrative site visits, that the institution has mismanaged State financial aid funds or lacks adequate institutional controls to manage such funds properly.

10.1.13. Failure to submit a complete or satisfactory annual report in accordance with Section 7 of this rule.

10.2. The Chancellor may make all necessary audits or surveys of or site visits to all institutions that have been initially authorized by the Council, whether the institution’s initial authorization status is Preliminary, Probationary or Full, to ensure the institution’s compliance with this rule. The Chancellor may also investigate consumer complaints that an initially authorized institution is, may be, or has been violating this rule. The Chancellor shall note and describe all violations of this rule and report the same to the Council in writing, contemporaneously furnishing a copy to the institution concerned.

10.2.1. Within 10 business days of receiving the Chancellor’s report, the institution may schedule a meeting with the Chancellor to discuss the contents of the report and any remedial action the institution plans to take to address the issues outlined therein. If the institution does not request a meeting within the prescribed timeframe, the Chancellor shall furnish the report to the Council, along with a recommendation for what action described in Section 10.1., if any, the Council should take regarding the institution’s initial authorization status.

10.2.2. If the institution requests the meeting within the appropriate timeframe, the Chancellor may amend the report based on additional information or documentation provided by the institution that was not provided or available to the Chancellor during the audit, survey, site visit, or investigation described in Section 10.2. Within five business days of the meeting, the Chancellor shall furnish the original or amended report to the Council in accordance with Subsection 10.2.1.

10.2.3. The Council’s decision to terminate, withdraw, suspend, or revoke an institution’s initial authorization or to take any other action specified in Section 10.1. above, shall be made in a meeting of the Council subject to the West Virginia Open Governmental Proceedings Act, W. Va. Code § 6-9A-1, et seq.

10.3. Within five business days of the Council’s decision, the Chancellor shall issue and furnish to the institution a written decision on the action taken, including the specific reasons therefore.

10.4. An institution adversely affected by a decision of the Council pursuant to this Section may file an appeal in accordance with the provisions of Section 11 below within 10 business days after receipt of the written decision. The filing of an appeal does not suspend the effect of the Council’s decision.

W. Va. Code R. § 135-20-11 Appeals

11.1. An institution adversely affected by an order made and entered by the Council in accordance with Section 10 of this rule or aggrieved by a decision denying an application for initial authorization as set forth in Sections 7 and 8 of this rule may appeal such order or decision in accordance herewith: Provided, That the institution shall submit its written appeal to the Chancellor within 10 business days of receiving the decision giving rise to the complaint.

11.2. The Chancellor shall conduct the hearing in accordance with the West Virginia Administrative Procedures Act, W. Va. Code § 29A-5-1, et seq.

11.3. The Council shall establish a procedural rule in accordance with W. Va. Code § 29A-3A-1, et seq. for the regulation and conduct of all proceedings in appeal before it.

11.4. The Chancellor may retain, on an as-needed basis, individuals to serve as hearing examiners, court reporters, or other such personnel to assist the Council with hearing and administering such appeals.

11.5. Nothing in this rule in any way affects or limits the due process protections or other protections afforded to proprietary schools pursuant to either W. Va. Code § 18B-2B-9 or 135 C.S.R. 35, Business, Occupational, and Trade Schools.

W. Va. Code R. § 135-20-12 Notification and Deposit of Records Upon Discontinuance of a Program or Institution

12.1. If an authorized institution, branch campus, or extension program of an authorized institution discontinues operation in this State, its chief executive officer shall notify the Council of the date of discontinuance and the name, telephone number, physical address, and email address of the entity where records will be maintained.

12.2. Institutions shall permanently maintain their records so that authorized parties may obtain copies thereof. Such records shall include, but not be limited to, information pertaining to the admission of each student and former student and the educational record of each student and former student, as well as financial aid records of each student and former student consistent with State and federal law.

12.3. When an institution decides to cease postsecondary education operations, it must assist students to find alternative means to complete their studies with a minimum of disruption, and inform the Council of the following:

12.3.1. The planned date of termination of postsecondary education operations;

12.3.2. The planned date for the transfer of student records;

12.3.3. The name and address of the organization to receive and hold the student records, if different from the institution itself; and

12.3.4. The designated records custodian at the organization receiving the student records who will provide official copies of records or transcripts upon request.

12.4. Any institution that fails to comply with the requirements of this Section forfeits consideration by the Council of any future application for authorization or reauthorization to operate in this State.

W. Va. Code R. § 135-20-13 Advertisements, Announcements and Other Promotional Materials

13.1. An institution seeking initial authorization shall adhere to the following principles:

13.1.1. “Advertising” includes any form of public notice however distributed including virtually all publications and promotional items and efforts that could normally be expected to be seen by significant numbers of prospective students or their sponsors. Examples include catalogs, bulletins, brochures and other institution publications, signs, mailing pieces, radio, television, newspaper, electronic or social media, or any other form of public notice designed to aid in the institution’s recruiting and promotional activities.

13.1.2. An institution shall use its name as shown in its letter of approval from the Council, together with a complete physical and mailing address, if different, for all advertising and promotional purposes within the State.

13.1.3. All advertisements, announcements and promotional material of any kind which are distributed in West Virginia shall be free from statements that are untrue, deceptive or misleading with respect to the institution, its personnel, its services or the content, accreditation status, and transferability of its courses or degree, diploma or certificate programs.

13.1.4. Reference in advertising to accreditation shall name the accreditor and shall be limited to accreditation currently held by the institution through the accreditor.

13.1.5. No advertisement, announcement or any other material produced by or on behalf of an institution shall in any way indicate that the institution is supervised, recommended, endorsed or accredited by the Council or the State of West Virginia; neither shall it include the name of the Council except to say that the Council has authorized the institution to operate in the State.

W. Va. Code R. § 135-20-14 Penalties; Injunctive Relief

14.1. Any person, firm, corporation, partnership, association, degree-granting institution, or other entity making any false statement in any application or documentation submitted to the Council pursuant to this rule is guilty of perjury pursuant to W. Va. Code § 39-1-10a, and the Council may refer the matter to the prosecuting attorney of the county in which the institution operates.

14.2. The Council may seek an injunction against any institution and its officers and directors, as appropriate, in violation of any provision of this rule or condition of its authorization to compel compliance with and enjoin violations of this rule or conditions of authorization. The venue of any such action shall be the county in which the violation or noncompliance exists or is taking place. The circuit court may issue a temporary or preliminary injunction pending a decision on the merits of the petition for injunctive relief.

14.2.1. In seeking an injunction, it is not necessary for the Council to post a bond or to allege or prove at any stage of the proceeding that irreparable damage will occur if the injunction is not issued or that the remedy at law is inadequate.

14.2.2. The Council may file a petition for injunctive relief and the circuit court may grant the relief requested notwithstanding the fact that the Council did not exhaust or invoke against the institution all available administrative remedies, if any.

Series 21 Freshman Assessment and Placement Standards

W. Va. Code R. § 135-21-1 General

1.1. Scope. This policy establishes freshman assessment and placement standards for institutions in assignment to initial credit-bearing courses in mathematics and English.

1.2. Authority. West Virginia Code §18B-2B-6.

1.3. Filing Date. January 22, 2019

1.4. Effective Date. February 22, 2019

W. Va. Code R. § 135-21-2 Policy

2.1. The policy, Freshman Assessment and Placement Standards, for students in West Virginia public colleges and universities was developed to assure the integrity of associate degrees, baccalaureate degrees, and certificate programs to increase the retention and graduation rates of students, and to encourage high school students to improve their academic preparation for college. The standards for freshman assessment and placement are designed to establish uniform procedures for the placement of students in credit-bearing courses in mathematics and English that can be applied toward an undergraduate academic degree.

2.2. Full or part-time students identified as requiring remediation must enroll in the required co-requisite courses or other entry-level college courses with supplementary academic support in the first year of enrollment.

W. Va. Code R. § 135-21-3 Definitions

3.1. Co-requisite Courses.

3.1.a. Co-requisite courses are credit-bearing courses that provide aligned academic support for the entry-level credit bearing course and are required as a component of the entry-level course. Co-requisite courses are designed for students who did not meet admission requirements for entry level math or English courses. Course content is the same as the traditional credit-bearing course but additional required attendance/instruction and/or participation in academic support structures is required for successful completion of the course.

3.2. Academic Support Programs

3.2.a. Academic support programs include, but are not limited to, modular course delivery; summer boot camps; extra class sessions; accelerated learning program (ALP) model; paired courses, supplemental instruction; additional lab instruction; tutoring; and/or other instructional strategies which provide additional in-class or outside-class assistance and monitoring of student progress beyond that usually associated with entry-level college credit courses.

3.3. Remedial Education.

3.3.a. Remedial education addresses academic preparedness.

W. Va. Code R. § 135-21-4 Mathematics Placement Standards

4.1. Students at any public two-year institution in West Virginia may enroll in a college-level, credit bearing math course without required academic support programs provided the following cut scores have been met:

Assessment Test Quantitative Reasoning Elementary Statistics College Algebra SAT Math (taken March 2016 and later)

ACT Math Next-Generation ACCUPLACER - Quantitative Reasoning, Algebra, and Statistics (QAS)

ACCUPLACER - Elementary Algebra ACCUPLACER – college-level math ACCUPLACER – arithmetic test *As these new tests are further verified, placement scores will be updated on the Commission website.

4.1.a. Other assessments or end-of-course exams in mathematics as approved by the Chancellor.

4.2. Students not meeting the appropriate math pathway placement score are placed into a college-level, credit- bearing courses with required academic support. With Chancellor’s permission, institutions can use multiple assessments including factoring the high school GPA.

4.3. A transfer student who has successfully completed remediation at the sending institution shall be deemed to have met the placement standard at the receiving institution.

W. Va. Code R. § 135-21-5 English Composition Placement Standards

5.1. Students at any public two-year institution in West Virginia may enroll in a college level credit bearing English course without required academic support programs provided the following cut scores are met:

Assessment Test English Composition SAT Evidence-Based Reading and Writing (taken March 2016 and later)

SAT Essay 13 (combined score)

ACT English Next-Generation ACCUPLACER – Writing *As these new tests are further verified, placement scores will be updated on the Commission website.

5.1.a. Satisfactory performance on a writing sample administered by each institution, with Chancellor’s approval.

5.1.b. Other assessments or end-of-course exams in English/language arts as approved by the Chancellor.

5.2. Students not meeting the appropriate English pathway placement score are placed into a college-level, credit bearing courses with required academic support. With Chancellor’s permission, institutions can use multiple assessments including factoring the high school GPA.

5.3. A transfer student who has successfully completed the remediation at the sending institution shall be deemed to have met the placement standard at the receiving institution.

W. Va. Code R. § 135-21-6 Reading

6.1. Students scoring 23 or above on the reading test of the SAT, or 17 on the reading section of the ACT, will be considered to have met minimal reading skill requirements at those institutions .

Assessment Test Reading Next-Generation ACCUPLACER – Reading *As these new tests are further verified, placement scores will be updated on the Commission website.

6.2. Institutions are encouraged to provide assistance for students who do not meet the standard.

6.3. A student having met the placement standard in reading who transfers to another West Virginia state college or university shall be deemed to have met the placement standard at the receiving institution.

W. Va. Code R. § 135-21-7 Determination of Placement

7.1. Students shall be exempt from remedial placement in any form if the student achieves the minimum required score on any of the approved assessment measures identified in Sections 4, 5, and 6 of this policy.

7.2. Institutions shall develop and implement strategies that allow students to progress through college-level, credit-bearing English and mathematics courses in the first year of enrollment at the institution.

7.3. Each post-secondary institution shall file its policy on student academic placement for remedial education deficiencies with the Chancellor’s office.

135CSR21

Series 22 Grade Point Average For Associate And Baccalaureate Degrees

W. Va. Code R. § 135-22-1 General

1.1. Scope. -- Rule regarding grade-point average required for certificate and associate degrees.

1.2. Authority. -- West Virginia Code §18B-1-1A; 18B-2B-6.

1.3. Filing Date. -- May 5, 2017

1.4. Effective Date. -- January 12, 2006 #### §135-22-2. Grade-Point Average Required For Graduation.

2.1. Quality points are based on the following point values for each semester hour of credit: "A" - 4, "B"- 3; "C" - 2; "D" - 1 and "F" - 0. The grade point average to be computed for graduation purposes (not necessarily each semester) shall be based upon all work for which the student has registered with the following exceptions:

2.1.a. Courses with grades of "W" and "WP".

2.1.b. Courses in remedial and/or developmental education.

2.1.c. Courses taken on a credit/no credit, pass/fail or satisfactory/unsatisfactory basis where a passing grade is earned.

2.1.d. Courses taken on an audit basis.

2.1.e. Courses which have been repeated under the "D/F Repeat Provisions" of this policy.

2.1.f. Courses which are covered under the "Discretionary Academic Forgiveness Provisions" of this policy. #### §135-22-3. D and F Repeat Provisions.

3.1. If a student earns a grade of "D" or "F" (including failures due to regular and/or irregular withdrawal) on any course taken no later than the semester or summer term during which the student attempts the sixtieth semester hour, and if that student repeats this course prior to the receipt of an associate degree, the original grade shall be disregarded and the grade or grades earned when the course is repeated shall be used in determining his/her grade point average. The original grade shall not be deleted from the student's record. #### §135-22-4. Academic Forgiveness Provisions.

4.1. For purposes of grade-point average required for graduation, public community and technical colleges shall establish academic forgiveness in addition to the "D/F" repeat provisions. Institutionally established provisions must be consistent with this rule and accommodate the following minimal conditions:

4.1.a. Students must not have been enrolled in college on a full-time basis during any semester or term in the last four consecutive years.

4.1.b. Only grades for courses taken at least four years prior to the request for academic forgiveness may be disregarded for grade-point average computation.

4.1.c. In cases where grades may be disregarded for grade-point average computation, these grades shall not be deleted from the student's permanent record.

4.1.d. In instances where students request and gain academic forgiveness from one college and then transfer to another institution, the receiving institution is not bound by the prior institution's decision to disregard grades for grade-point average computation.

4.2. The provisions included herein shall be considered as minimum standards for extending academic forgiveness provisions. Consistent with institutional policies and mission, individual colleges may impose more stringent provisions in the area of disregarding prior grades for grade-point average computation for graduation.

4.3. Institutional policies regarding academic forgiveness for grade-point average computation shall be stated in the institutional catalog. In addition to providing information on the manner in which such provisions may be applied at that institution, the catalog and/or such other publications as are appropriate shall inform students that academic forgiveness extended by one institution may or may not be recognized by other institutions in which the student may transfer. #### §135-22-5. Application Only to Graduation Requirements.

5.1. Institutional officials shall make clear to students the fact that this regulation pertains only to graduation requirements and not to such requirements for professional certification which may be within the province of licensure boards, external agencies, or the West Virginia Board of Education.

Series 23 Basic Guidelines and Standards for Admissions at Community and Technical Colleges

W. Va. Code R. § 135-23-1 General

1.1. Scope. -- This rule establishes basic guidelines and standards for institutional admissions policies for community and technical colleges.

1.2. Authority. -- West Virginia Code §18B-1-1A; §18B-2B-6; §18B-3C-2.

1.3. Filing Date. -- July 18, 2025.

1.4. Effective Date. -- August 18, 2025.

W. Va. Code R. § 135-23-2 Statement of Principles

2.1. It is the intent of the Council for Community and Technical College Education (Council) that West Virginia residents have access to higher education opportunities commensurate with their interests and abilities. Working toward this end, the Council continues to encourage the development of academic programs which allow citizens throughout West Virginia to develop to the fullest, their capabilities for work and fulfillment of life. It is further the intent of the Council that admissions policies at the state-supported community and technical colleges will foster the attainment of these broad goals of access to the highest extent possible within the limits of available education programs and resources.

2.2. In recognition of the diverse education programs offered by the different community and technical colleges, the Council considers it more appropriate to establish basic statewide guidelines and standards than to provide detailed provisions related to admissions criteria and procedures. Accordingly, the Council has identified certain basic guidelines and standards around which the community and technical colleges shall develop specific institutional admissions policies and practices.

2.3. This rule provides West Virginia community and technical colleges the parameters for establishing institutional procedures for the placement of students into required mathematics and English courses that can be applied toward an undergraduate academic certificate or degree.

2.4. The standards for new student assessment and placement are likewise designed to establish uniform procedures for the placement of students into required mathematics and English courses that can be applied toward an undergraduate academic certificate or degree at each institution.

2.5. Full or part-time students identified as requiring remediation must enroll in any required co-requisite courses or other entry-level college courses with supplementary academic support during the first 30 credits of enrollment. Exemptions to this policy can only be made by an institution’s dean or designee.

W. Va. Code R. § 135-23-3 Basic Admissions Standards

3.1. As a means of promoting student success in the postsecondary education programs for which students seek admission and effectively utilizing federal, state and community resources, institutional admissions policies shall incorporate these guiding principles.

3.1.1. Admission to community and technical colleges is open to any person age 18 or older and able to benefit from post-secondary study.

3.1.2. Those who have earned a high school diploma recognized by a state department of education or who have earned an appropriate high school equivalency credential may enroll as certificate or associate degree-seeking students.

3.1.3. Students without a high school diploma or recognized equivalency may enroll as certificate or associate degree-seeking students on an Ability to Benefit basis with regular evaluations to ensure continued academic success.

3.1.4. Students seeking transfer admission or readmission must meet the institution's basic admission standards.

3.1.5. Early admissions standards for high school students enrolling in community and technical colleges are subject to the requirements of Section 135-19-6 of 135CSR19, Guidelines for Offering Early Enrollment Courses for High School Students.

3.2. Copies of high school transcripts, health records and transcripts of previous college work are not required for admission to community and technical colleges. Participation in certain federal, state, and/or institutional financial aid programs or admission to specific academic programs do require that copies of high school transcripts, satisfactory scores earned on a nationally recognized high school equivalency test and/or prior college work be provided. Individuals are encouraged to check with the appropriate institutional officials to determine the documents required for participation in, or admission to such programs.

W. Va. Code R. § 135-23-4 Multiple Measures Placement Criteria

4.1. Multiple Measures is a strategy whereby community and technical colleges incorporate two or more criteria for placement. Under a multiple measures approach, standardized testing is no longer the sole means of determining if a student is prepared for college-level coursework.

4.2. Official high school transcripts, an official High School Equivalency Diploma, or Council approved high school equivalency test scores are required to be on file for each incoming student who is registered in an undergraduate degree program. Such documents shall be on file with the institution prior to the end of the first semester of the student’s attendance.

4.3. The institution issuing the diploma can be validated by a College Entrance Examination Board (CEEB) code, by a state department of education, or by other established procedures determined by the institution.

4.4. Institutions may use, but shall not be limited to, the use of, the following information in determining placement:

4.4.1. Records of traditional academic performance relative to the specific educational program to which the student seeks entry.

4.4.2. Record of nontraditional learning experiences.

4.4.3. Standardized examinations relative to the requirements of the program to which the student seeks entry.

4.4.4. College equivalency examinations such as the College Level Examination Program (CLEP), special preparatory programs such as the Advanced Placement Program of the College Entrance Examination Board, and the International Baccalaureate Diploma.

4.4.5. Recommendations and reports of interviews.

W. Va. Code R. § 135-23-5 Co-requisite Course Requirements

5.1. Co-requisite courses are credit-bearing courses that provide aligned academic support for basic and required English or mathematics courses. These co-requisite course(s) are a required component of the academic course(s). Co-requisite courses are designed for students who do no meet placement requirements for a required mathematics or English course. In these co-requisite courses, the content is the same as the traditional credit-bearing course, but students are obligated to attend and participate in the academic support programs provided. Student attendance and participation is required to successfully complete the course.

5.2. Academic Support Programs are provided to help students overcome challenges and succeed in their academic pursuits. Programs encompass a broad array of educational strategies that include, but are not limited to, modular course delivery; summer boot camps; extra class sessions; accelerated learning program (ALP) model; supplemental instruction; additional lab instruction; tutoring; and/or other instructional strategies which provide additional in-class or outside-class assistance and monitoring of student progress beyond what is usually associated with entry-level college credit courses.

W. Va. Code R. § 135-23-6 Institutional Admissions Policies

6.1. Institutional admissions policies shall specify the basic admissions requirements of the institution as well as any requirements for entry into specific programs and financial aid eligibility.

6.2. All institutional admissions policies shall be consistent with the “open admissions” philosophy of the comprehensive community college.

6.3. All institutional admissions policies shall be consistent with existing Council policies and applicable State and Federal regulations regarding nondiscrimination.

6.4. All institutional admissions policies shall be submitted to the Council for evaluation in terms of their compatibility with stated Council policies. Any amendments to admission policies shall be submitted to the Council prior to their actual implementation at the institutional level.

6.5. Subject to Council approval, institutions may establish more rigorous admission standards for admission into specific programs.

135CSR23

135CSR23

Series 24 Preparation Of Students For College

W. Va. Code R. § 135-24 Preparation Of Students For College

CTCS

COMMUNITY AND TECHNICAL

COLLEGE SYSTEM OF WV # WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION Robert L. Brown. Chair . James L. Skidmore, Chancellor ..

2011 SEP 14 PM 1: 19

September 14, 2011 OnSALA MARGINA SECRETARY OF STATE Judy Cooper, Manager Administrative Law Division WV Secretary of State's Office Building 1, Suite 157K 1900 Kanawha Blvd., E., Suite 700 Charleston, WV 25305-0770 Dear Ms. Cooper, As you are aware, when the Legislature created the West Virginia Council for Community and Technical College Education, it amended West Virginia State Code §18B-1-3(h). This allows rules of the Higher Education Policy Commission dealing with community and technical colleges to be transferred to the Council without requiring promulgation. The rules listed below have had technical changes only including the agency name from Commission to Council, the Title number, and changes in West Virginia code citations necessitated by legislation. Therefore, I request that this rule be filed as a Council rule.

Title 135, Series 12 -Capital project Management Title 135, Series 24 - Preparation of Students for College Title 135, Series 43 - Purchasing Efficiencies If you have any questions, feel free to contact me or our General Counsel Bruce Walker at (304) 558-2102.

Sincerely, Compostelana James L Skidmore Chancellor Enclosures # TITLE 135 PROCEDURAL RULE West Virginia Council for Community and Technical College SERIES 24 PREPARATION OF STUDENTS FOR COLLEGE SECRETARY OF STATE 201.SEP 14 PM 1: 20 MELHOR ARGINA ## SECTION 1. GENERAL 1.1 Scope - This rule sets forth minimum levels of knowledge, skill and competency a student needs to possess to be prepared for college and establishes processes for communicating this information and procedures for assuring that teacher education programs prepare educators in getting K-12 students ready for college. 1.2

Authority - W. Va. Code §18B-1-1e 1.3 Filing Date - September 14, 2011 Effective Date - September 14, 2011 1.4 1.5 Repeal of Former Rule: Repeals and replaces Series 51 of Title 128 and Title 131, dated August 31, 1997 ## SECTION 2. PURPOSE 2.1 The purpose of this rule is to implement the provisions of W. Va. Code §18B-1- 1e which call for the West Virginia Council for Community and Technical College to develop a rule on preparation of students for college. The goals are for public higher education to collaborate with public education to achieve the following: 2.1.1 To assist students in the planning and preparation for success in college and other post-secondary education if their education major interests require such formal education after high school; 2.1.2 To establish the minimum expected level of knowledge, skill and competency a student must possess to be prepared fully for college or other post-secondary education at state institutions of higher education; 2.1.3 To implement a method for communicating the minimum level of knowledge, skill and competency to students, parents, educators and counselors in the public schools, and admission officers, advisers and faculty in the higher education institutions; and 2.1.4 To assure that the teacher preparation programs in state institutions of higher education prepare educators to, at a minimum, deliver instruction necessary to prepare students fully for college and other post-secondary education or gainful employment.

SECTION 3. ASSISTING STUDENTS IN PREPARING FOR COLLEGE 3.1

The state two year colleges shall work collaboratively with schools to increase educational opportunities and standards for potential college students and to increase the number of students who complete the core curriculum. Among these efforts will be institutional initiatives to: 3.1.1 Improve ACT/SAT scores of high school students; 3.1.2 Increase the percentage of high school students going to college; 3.1.3 Provide more opportunities for high school students to complete college courses while still in high school; and 3.1.4 Increase retention of students after they enter college. 3.2 The state two year colleges in collaboration with the K-12 schools shall conduct college awareness programs that reach students from the elementary grades through high school. These programs shall provide opportunities to visit the college, to meet faculty, and to learn the importance of motivation and achieving academic excellence. Students in the eighth grade should be encouraged to take the academic core courses during their high school years. It is important that the institutions work with school officials, counselors, parents and teachers to disseminate information effectively on preparing for success in college.

SECTION 4. MINIMUM LEVELS OF KNOWLEDGE, SKILL AND COMPETENCY NEEDED FOR COLLEGE 4.1

Though levels of preparation, knowledge and skills needed for success in a particular academic program may vary, there are certain minimal knowledge and skill levels students should possess on entering a higher education institution. In order to attain these levels, students should be encouraged to take rigorous coursework in high school and to complete a preparatory curriculum.

While the specific levels of knowledge, skill and competency needed to be successful in post-secondary education may vary among types of institutions and within academic programs, mastery of the following essential skill areas and minimum levels of attainment should assure success in a community and technical college, baccalaureate institution or other initial post-secondary education setting. 4.2 Essential skill areas and minimum levels of attainment needed on entering college are: 4.2.1 English A student will be able to: - Demonstrate proficient use of English punctuation and spelling; - Demonstrate proficiency in grammar and usage, including the ability to write complete, grammatical sentences with some variety in syntax; and - Write an essay with a central idea or thesis, an introduction, body, and conclusion; paragraphs with topic sentences and supporting details; appropriate word choice; and clear flow of ideas from one part to another. ### 4.2.2 Reading/Study Skills Proficient reading skills are essential for success in every academic field, particularly humanities, social sciences, and natural sciences. Similarly, effective study skills are essential for all academic areas. A successful college student must be able to: - Use word analysis to determine the meaning of unfamiliar words; - Use context clues to determine the meaning of unfamiliar words; - Read for the main idea; - Read for information; - Make inferences; - Understand figurative language; - Draw conclusions and predict outcomes; - Recognize organizational patterns; - Generalize; - Evaluate ideas; - Manage time effectively; - Develop good notetaking and outlining skills for both in-class and out-of-class activities; and - Develop good test-taking skills ### 4.2.3 Mathematics Algebra and geometry serve as gatekeepers to successful college work.

Students who successfully complete algebra and geometry in high school are more likely to enter college and complete college than other students. An entering college student must be able to: - Simplify numerical expressions and evaluate algebraic expressions; - Represent problems and solve linear algebraic equations, systems of equations, and inequalities; - Use the laws of exponents and simplify square roots; - Factor polynomials by applying various methods; - Graph linear equations by the slope-intercept, point-slope, and x ☒ and y intercept methods; - Add, subtract, multiply, and divide rational expressions; - Solve quadratic equations with real roots by factoring, completing the square, and using the quadratic formula; - Apply the Pythagorean Theorem in solving practical problems and in deriving the special right angle ratios; - Develop basic concepts of analytical geometry such as formulas for distance, slope, and midpoint; - Collect, organize, and interpret data using graphs, charts, and tables; and - Demonstrate the ability to use logarithms. ### 4.2.4 Communication Good skills in communication are important for success in college. A student must be able to: - Demonstrate a knowledge and understanding of the fundamentals of effective communication; - Demonstrate the ability to identify and use effective strategies for formal and informal speaking situations in public, group, work and personal settings; - Demonstrate the ability to identify and use different listening skills appropriate for diverse types and purposes of listening; - Demonstrate the ability to identify and use communication strategies to enhance relationships and resolve conflicts. ### 4.2.5 Critical thinking, analysis, reasoning It is important that a beginning college student possess the ability to analyze, reason and think critically. These complex skills are essential to all academic areas, but are particularly crucial to success in the natural sciences and social studies. A student must have at least minimal skills to: - Understand and interpret data; - Evaluate conflicting viewpoints; - Demonstrate creative thinking and problem solving; - Solve problems rationally; and - Demonstrate "common sense" ### 4.2.6 Science Proficiency in science incorporates mathematics and social issues into the learning of basic scientific concepts. Students must be able to: - Identify a problem, recognize relevant/necessary information for problem solving and inductively form a theory; - Develop a hypothesis to test a given theory; - Conduct a scientific inquiry and produce a written or oral report; - Solve problems which integrate science and mathematics with technology; - Apply scientific methods and knowledge to individual and social issues; - Recognize the diversity and unity of our natural world; - Recognize the basic components of matter, cells, and tissue; - Recognize levels of organization for living and non-living systems. ### 4.2.7 Fine and Performing Arts Recognizing the importance of the fine and performing arts is essential to the well-being of a society. Students should receive exposure in the fine and performing arts in the beginning stages of their education. This significant aspect of life should not be left to chance. Specifically, students must be provided opportunities to: - Observe the fine and performing arts, namely art, music, theater, and dance; ### 4.2.8 Humanities The basic humanities explore the worlds of language, literature, classics, philosophy and/or religious studies. Specifically, students must: - Have the opportunity to participate in the humanities including the study of foreign languages, world literature, the classics, philosophy and/or religious studies; - Recognize how symbolic texts are valued and revalued over time as each generation examines them anew from its own current perspective; - Recognize the ways in which cultural values define what an individual experiences as "reality," influence the channels available for human expression, and affect the perception of an interaction among all areas of experience. ### 4.2.9 Social Studies The mastery of basic skills and understanding in the social studies is essential. A student must be able to: - Gather, classify, interpret, analyze, summarize, synthesize, and evaluate the accuracy of information, i.e., credibility, validity; reliability; comprehensiveness; bias; accuracy; frame of reference; and currency; - Interpret, critique, and design graphs, tables, timelines, pictures, maps, and cartoons; - Demonstrate knowledge of the contributions of key men and women and the impact of major historical events; - Demonstrate knowledge of the development of the United States Constitution, its importance, and the adaptability and applications of its principles in maintaining the political institutions that ensure the liberty and equality of United States citizens. ### 4.2.10 Technological literacy The ability to use computers and other forms of telecommunication technology is no longer a luxury. It is a necessity. A student must be able to:

Keyboard effectively; -Use computers for word processing and other academic tasks; - Use technology to communicate and to be an active participant in the information age; and - Demonstrate the ability to identify and use skills necessary for competent participation in communication across various types of electronic audio and visual media. #### 4.2.11 Citizenship It is vital that a beginning college student exhibit good citizenship behavior. While what constitutes good citizenship may be somewhat nebulous, it is clear that a basic understanding of the rights and responsibilities of living in a democratic society is an important part of the educational process. A successful student must be able to: - Demonstrate an appreciation of democratic values and responsible participation in governing processes; - Learn to work with others; - Understand and appreciate diversities among people, groups, and nations; and - Learn to be respectful of personal dignity. ### 4.3 Core Curriculum There is strong evidence that students who complete a rigorous core curriculum in high school perform better in college than those who do not. Beginning with the seminal study on educational attainment of school and college student, A Nation at Risk, published in 1983 by the National Commission on Excellence in Education, numerous studies attest to the importance of students completing a rigorous high school curriculum as an essential condition to assure success in college. A Nation at Risk stated that all high school students should complete a core including at least four units of English, three units of mathematics, three units of social studies and three units of science. More recent studies, from organizations such as the Southern Regional Education Board and the American College Testing Service, underscore the need for a rigorous curriculum.

The West Virginia Board of Education and the West Virginia Council for Community and Technical College, recognizing the need for students' completion of demanding coursework in core areas, have called for enhanced high school graduation requirements and more stringent baccalaureate admission standards. The new high school graduate standards, to be implemented in 2008, will have increased requirements in mathematics and science and first time requirements in foreign language for the college preparatory track. Similar to the new graduation requirements are more rigorous baccalaureate admission standards for the two year colleges.

Beginning in 2008, entering baccalaureate students must have completed at least the following units at the secondary level: 4 English (including courses in grammar, composition, and literature) 3 Social Studies (including U.S. History) 4 Mathematics (three units must be Algebra I and higher) 3 Science (all courses to be laboratory science; CATS I & II combined count as one lab science unit) 1 Arts 2 Foreign Language (Two units of the same foreign language)

The new baccalaureate admission standards demonstrate the value of a strong core curriculum. The importance of completion of a solid academic core curriculum is assuring success in college cannot be underestimated. Data from the American College Testing Service (ACT) also indicate that students who have taken core courses score significantly higher on ACT exams in English, mathematics, and science reasoning than students who have not taken core courses.

Since data indicate that completion of the core curriculum in high school enhances the opportunities for success in college, prospective college students are encouraged to complete a core curriculum in advance of implementation of the 2007 standards.

SECTION 5. ACHIEVING MINIMUM LEVELS OF KNOWLEDGE, SKILL AND COMPETENCY NEEDED FOR COLLEGE ### 5.1 National standardized exams Two important measures of the preparation of high school students for college are the national standardized examinations, the ACT and SAT tests. Under West Virginia Council for Community and Technical College policy, students are normally expected to have achieved at least a score of 17 on the ACT exam (830 on the SAT-1 exam) to be eligible for admission to baccalaureate programs. By 2008, the recommended minimum score for baccalaureate institutions is 19 on the ACT composite (910 on the SAT-1) exam. Several of the two year colleges have established higher standardized exam scores for admission. Additionally, certain academic degree programs also have a higher ACT score requirement for admission to a program.

Another important standardized assessment indicator for success in college, is the ACT Explore exam which is administered to all eighth grade students in West Virginia schools. Correlation studies prepared by ACT indicate that students who achieve a minimum of 17 on Explore should when preparing to enter college achieve a score of 17 or higher on the ACT test. Similarly, a student who achieves a score of 20 on Explore should achieve at least a 19 on the ACT exam.

Many West Virginia high school students take the ACT Plan assessment in the tenth grade. According to ACT correlation tables, students receiving a 17 on Plan should score at least a 17 on the ACT exam and students receiving a 19 on Plan should score at least 19 on the ACT test. The new assessment program being developed for the K-12 schools will include ACT Plan as a required instrument to be administered to tenth graders.

Although higher scores on standardized admission examinations such as the ACT or SAT-1 are indications of a greater chance for success in college, the possession of the ACT 17 (SAT 830) minimum score is not essential for admission to college. The-Community and Technical Colleges in West Virginia have an open admission policy and provide developmental course opportunities for students who have deficiencies in specific academic areas and who need additional help before enrolling in an academic program. ### 5.2 West Virginia Board of Education requirements for graduation The proposed new requirements for high school graduates being considered by the West Virginia Board of Education will better prepare students for success in college. All students, effective with the 2008 graduating class, would be required to complete a 16-credit academic core. Additionally, students completing the Professional Pathway (college preparatory) track would be required to complete four credits in mathematics, four credits in science, and two credits in foreign language. These requirements, which parallel the new 2008 baccalaureate academic standards, will provide high school graduates a firmer academic foundation.

SECTION 6. COMMUNICATING KNOWLEDGE, SKILL AND COMPETENCY LEVELS 6.1

The two year colleges shall expand collaborative efforts with the K-12 schools in making available information on minimum levels of knowledge, skill, and competency that are necessary for successful preparation for college. 6.1.1 West Virginia Council for Community and Technical College initiatives described in Section 3.1 of this rule will be effectively implemented with collaborating schools. 6.1.2 System publications on minimum knowledge, skill and competency levels will be issued and disseminated to students, parents, educators and counselors, as well as to admission officers, advisers and faculty in the state colleges.

SECTION 7. TEACHER PREPARATION PROGRAMS 7.1

Teacher preparation programs in the two year colleges shall be designed so that educators completing the programs will be able to deliver instruction to K-12 students that will adequately prepare them fully for college or other postsecondary education or gainful employment. 7.2 It is important that the teacher education departments be cognizant of changing course unit requirements for high school graduates and prepare teacher education graduates who can effectively teach courses in the core curriculum and in applied academic areas.

SECTION 8. FUTURE POLICY DEVELOPMENT 8.1

It is the intent of the West Virginia Council for Community and Technical College to work closely with the .K-12 school systems in West Virginia in enabling students to move readily from the K-12 schools into the two year colleges. As the new K-12 learning standards of the West Virginia Board of Education are developed and implemented, the West Virginia Council for Community and Technical College will establish policies as necessary that address academic expectations for beginning college students, admission standards and assessment of student learning.

Series 25 Residency Classification for Admission and Fee Purposes

W. Va. Code R. § 135-25-1 General

1.1. Scope. -- Rule regarding residency classification of students for admission and fee purposes.

1.2. Authority. -- W. Va. Code §18B-10 and §18B-2B-6

1.3. Filing Date. -- February 26, 2019

1.4. Effective Date. -- March 26, 2019

W. Va. Code R. § 135-25-2 Classification for Admission and Fee Purposes

2.1. Students enrolling in a West Virginia public institution of higher education shall be assigned a residency status for admission, tuition, and fee purposes by the institutional officer designated by the President. In determining residency classification, the issue is essentially one of domicile. In general, the domicile of a person is that person's true, fixed, permanent home and place of habitation. The decision shall be based upon information furnished by the student and all other relevant information. The designated officer is authorized to require such written documents, affidavits, verifications, or other evidence as is deemed necessary to establish the domicile of a student. The burden of establishing domicile for admission, tuition, and fee purposes is upon the student.

2.2. If there is a question as to domicile, the matter must be brought to the attention of the designated officer at least two (2) weeks prior to the deadline for the payment of tuition and fees. Any student found to have made a false or misleading statement concerning domicile shall be subject to institutional disciplinary action and will be charged the nonresident fees for each academic term theretofore attended.

2.3. The previous determination of a student's domiciliary status by one institution is not conclusive or binding when subsequently considered by another institution; however, assuming no change of facts, the prior judgment should be given strong consideration in the interest of consistency. Out-of-state students being assessed resident tuition and fees as a result of a reciprocity agreement may not transfer said reciprocity status to another public institution in West Virginia.

W. Va. Code R. § 135-25-3 Residence Determined by Domicile

3.1. Domicile within the state means adoption of the state as the fixed permanent home and involves personal presence within the state with no intent on the part of the applicant or, in the case of a dependent student, the applicant's parent(s) to return to another state or country. Residing with relatives (other than parent(s)/legal guardian) does not, in and of itself, cause the student to attain domicile in this State for admission or fee payment purposes. West Virginia domicile may be established upon the completion of at least twelve (12) months of continued presence within the state prior to the date of registration: Provided that such twelve (12) months' presence is not primarily for the purpose of attendance at any institution of higher education in West Virginia. Establishment of West Virginia domicile with less than twelve (12) months' presence prior to the date of registration must be supported by evidence of positive and unequivocal action. In determining domicile, institutional officials should give consideration to such factors as the ownership or lease of a permanently occupied home in West Virginia, full-time employment within the state, paying West Virginia property tax, filing West Virginia income tax returns, registering of motor vehicles in West Virginia, possessing a valid West Virginia driver's license, and marriage to a person already domiciled in West Virginia. Proof of a number of these actions shall be considered only as evidence which may be used in determining whether or not a domicile has been established. Factors militating against the establishment of West Virginia domicile might include such considerations as the student not being self-supporting, being claimed as a dependent on federal or state income tax returns or on the parents' health insurance policy if the parents reside out of state, receiving financial assistance from state student aid programs in other states, and leaving the state when school is not in session.

W. Va. Code R. § 135-25-4 Dependency Status

4.1. A dependent student is one (1) who is listed as a dependent on the federal or state income tax return of his/her parent(s) or legal guardian or who receives major financial support from that person. Such a student maintains the same domicile as that of the parent(s) or legal guardian. In the event the parents are divorced or legally separated, the dependent student takes the domicile of the parent with whom he/she lives or to whom he/she has been assigned by court order. However, a dependent student who enrolls and is properly classified as an in-state student maintains that classification as long as the enrollment is continuous and that student does not attain independence and establish domicile in another state.

4.2. A nonresident student who becomes independent while a student at an institution of higher education in West Virginia does not, by reason of such independence alone, attain domicile in this state for admission or fee payment purposes.

W. Va. Code R. § 135-25-5 Change of Residence

5.1. A person who has been classified as an out-of-state student and who seeks resident status in West Virginia must assume the burden of providing conclusive evidence that he/she has established domicile in West Virginia with the intention of making the permanent home in this State. The intent to remain indefinitely in West Virginia is evidenced not only by a person's statements, but also by that person's actions. In making a determination regarding a request for change in residency status, the designated institutional officer shall consider those actions referenced in §135-25-3 of these rules. The change in classification, if deemed to be warranted, shall be effective for the academic term or semester next following the date of the application for reclassification.

W. Va. Code R. § 135-25-6 Military

6.1. An individual who is on full-time active military service in another state or a foreign country or an employee of the federal government shall be classified as an in-state student for the purpose of payment of tuition and fees: Provided, That the person established a domicile in West Virginia prior to entrance into federal service, entered the federal service from West Virginia, and has at no time while in federal service claimed or established a domicile in another state. Sworn statements attesting to these conditions may be required. The spouse and dependent children of such individuals shall also be classified as in-state students for tuition and fee purposes.

6.2. Persons assigned to full-time active military service in West Virginia and residing in the state shall be classified as in-state students for tuition and fee purposes. The spouse and dependent children of such individuals shall also be classified as in-state students for tuition and fee purposes.

6.3. Any student living in West Virginia and receiving education or vocational rehabilitation benefits from the U.S. Department of Veterans Affairs shall be charged in-state tuition and fees to attend a West Virginia public institution of higher education so long as such student is considered a “covered individual” as described in 38 U.S.C. § 3679, as in effect at any time.

W. Va. Code R. § 135-25-7 Aliens

7.1. Students who meet the domiciliary requirements noted in Sections 3, 4, and 5 of this policy, and who are U.S. Permanent Resident Aliens, Political Asylees or Political Refugees, or who hold an A, E, G, H, I, L, O, P, R, TD, TN, U, or V visa, may apply to be reviewed for in-state residency for tuition purposes.

7.2. Students who hold B, C, D, F, J, K, M, or Q visas are not eligible for establishing in-state residency for tuition purposes.

7.3. Students who meet the domiciliary requirements and who are the beneficiary of a pending I-485 application to adjust status to permanent resident may apply to be reviewed for in-state residency for tuition purposes.

W. Va. Code R. § 135-25-8 Former Domicile

8.1. A person who was formerly domiciled in the State of West Virginia and who would have been eligible for an in-state residency classification at the time of his/her departure from the state may be immediately eligible for classification as a West Virginia resident provided such person returns to West Virginia within a one (1) year period of time and satisfies the conditions of §135-25-3 of these rules, regarding proof of domicile and intent to remain permanently in West Virginia.

W. Va. Code R. § 135-25-9 Appeal Process

9.1. Each institution shall establish procedures which provide opportunities for students to appeal residency classification decisions with which they disagree. The decisions of the designated institutional official charged with the determination of residency classification may be appealed in accordance with appropriate procedures established by the president of the institution. At a minimum, such procedures shall provide that:

9.1.a. An institutional committee on residency appeals will be established to receive and act on appeals of residency decisions made by the designated institutional official charged with making residency determinations.

9.1.a.1. The institutional committee on residency shall be comprised of members of the institutional community, including faculty and at least three, in any event, an odd number. The student representative(s) shall be appointed by the president of the institutional student government association while the faculty representative(s) shall be selected by the campus-wide representative faculty organization.

9.1.a.2. The student contesting a residency decision shall be given the opportunity to appear before the institutional committee on residency appeals. If the appellant cannot appear when the committee convenes a meeting, the appellant has the option of allowing committee members to make a decision on the basis of the written materials pertaining to the appeal or waiting until the next committee meeting.

9.1.b. The residency appeal procedures will include provisions for appeal of the decision of the institutional committee on residency appeals to the president of the institution.

9.1.c. Residency appeals shall end at the institutional level.

Series 26 Council Organization And Meetings

W. Va. Code R. § 135-26-1 General

1.1. Scope. -- This procedural rule establishes the organization of the West Virginia Council for Community and Technical College Education and conduct of its meetings.

1.2. Authority. -- W Va. Code §18B-1-6.

1.3. Filing Date. -- December 6, 2004.

1.4. Effective Date. -- January 10, 2005.

W. Va. Code R. § 135-26-2 Organization

2.1. The officers of the Council shall be chair, vice chair and secretary. Officers shall be elected in June for a two-year term commencing on July 1 and ending on June 30. Officers may not serve more than two consecutive terms in the same office.

2.2. The Council will normally operate as a Committee of the Whole, but three standing committees will be established to address specific issues as needed. The three standing committees are: Executive Committee, Finance Committee and Academic Committee.

2.2.1. The Executive Committee shall consist of officers of the Council and the Council’s immediate past chair.

2.2.2. The Finance and Academic Committees shall consist of Council members with chairs appointed by the Chair of the Council.

2.3. Members may be appointed by the Chair to special or ad hoc committees. In addition to Council members, Council staff and institutional presidents may be appointed as members of ad hoc committees.

2.4. All committees shall review and make recommendations to the Council on matters assigned by the Chair or the Executive Committee.

2.5. All committee meetings shall be open to the public.

W. Va. Code R. § 135-26-3 Meetings of the Council

3.1. Meetings will be scheduled a minimum of eight (8) times per year. Special meetings may be convened by the Chair or upon the petition of a majority of the members.

3.2. Members may participate in Council and committee meetings by telephonic or other electronic means which permit voice or video identification of the member.

3.3. A quorum equal to more than one-half of the votes eligible to be cast is required to conduct business on matters requiring a vote of the Council. Members are prohibited to cast an absentee vote.

3.4. Meetings will be noticed in accordance with the provisions of the Open Governmental Meetings Act. This includes notice of regularly scheduled meetings being filed with the Secretary of State for filing in the State Register at least five days prior to the date of the meeting.

3.5. The agenda for each regularly scheduled meeting will be made available to the presidents of each institution and to Chairs of the statewide advisory councils of faculty, students, and classified employees at least three working days before the meeting. Agendas shall be posted on the Council’s web site.

3.6. The notice provisions of this section shall not apply in the event of an emergency meeting requiring immediate official action. Notice of an emergency meeting may be filed at any time prior to the emergency meeting and shall include the date, time, place and purpose of the meeting and the facts and circumstances of the emergency.

3.7. All meetings of the Council and committees shall be open to the public, except the Council or a committee may vote to hold an executive session during its meeting for any of the reasons authorized under W. Va. Code § 6-9A-4. A motion to hold an executive session must identify the authorization in W. Va. Code § 6-9A-4 for the executive session and be approved by a majority of the members present. Any formal action of the Council must be taken in open meeting.

3.8. At the discretion of the Chair, members of the Council’s staff, institutional presidents and administrative staff, faculty members, classified employees and members of the public may be recognized to address the Council or a committee during its meeting.

3.9. Meetings will be conducted according to Robert’s Rules of Order subject to the suspension of any rule by a majority vote of the Council or committee.

3.10. The Council may cause the removal from a meeting of any member of the public who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised.

3.11. Annually between the months of October and December, the chair will provide time on the agenda of the Council to meet with the statewide advisory councils of faculty, students and classified employees and the Community and Technical College Advisory Committee to address the Council on matters of concern to the respective advisory groups.

135CSR26

135CSR26

Series 27 Workforce Development Initiative Grant Programs: Learn and Earn, Technical Program Development, and West Virginia Advance Rapid Response Grants

W. Va. Code R. § 135-27-1 General

1.1. Scope. -- This rule adopts the procedures and guidelines for the administration of the Workforce Development Programs: Learn and Earn, Technical Program Development, and West Virginia Advance Rapid Response grant programs. Specifically, this rule sets forth provisions for the administration of grant funding, criteria for grant applications, determination and distribution of funds, and performance evaluation for the Learn and Earn, Technical Program Development, and West Virginia Advance Rapid Response grant programs.

1.2. Authority. -- W. Va. Code § 18B-3D-5.

1.3. Filing Date. -- March 20, 2023.

1.4. Effective Date. -- April 20, 2023.

1.5. Sunset Date. -- This rule shall terminate and have no further force or effect on April 20, 2028.

W. Va. Code R. § 135-27-2 Definitions

2.1. “Applicant” means the community and technical college applying for a Workforce Development Initiative Program grant.

2.2. “Application” means the written request submitted to the Council by the applicant on forms provided by the Council.

2.3. “Chancellor” means the chancellor for community and technical college education, as that term is defined by W. Va. Code § 18B-2B-2, or his or her designee.

2.4. “Community and technical college” means the state institutions of higher education that deliver community and technical college education, as that term is defined by W. Va. Code § 18B-1-2.

2.5. “Council” means the West Virginia Council for Community and Technical College Education.

2.6. “Grant” means the applicable Workforce Development Initiative Program grant: Learn and Earn, Technical Program Development, or Advanced Rapid Response, as appropriate to the context.

2.7. “Grantee” means the entity to which the Council has awarded a grant.

2.8. “Submission deadline” means the latest date and time that the Council must receive an application in order to consider it for funding, which is determined by the Chancellor and communicated to the applicant at the time the applicant submits a request for a grant application.

W. Va. Code R. § 135-27-3 Applicability

3.1. Eligible community and technical colleges shall use grants to effectuate the purposes of the Workforce Development Initiative Program established in W. Va. Code § 18B-3D-1, et seq.

3.2. Applicants must tender applications to the Council by the submission deadline for consideration in the next grant cycle. Expenses incurred by the Applicant before the Council awards the grant shall not be covered by the grant awarded.

3.3. The Council reserves the right to limit the amount of a grant in accordance with the amount of money in the Council’s grant funds available for distribution as Workforce Development Initiative Program grants.

W. Va. Code R. § 135-27-4 West Virginia Advance Rapid Response Program Description

4.1. The program will focus on workforce delivery programs that develop high-performance work organizations and provide workers with world-class transferable skills enabling them to master technology and foster innovation.

4.2. The program will provide the development of specific occupational/technical competencies and workforce skills in critical thinking, problem solving, ability to work in teams, communication, math, science, and other critical competencies required for West Virginia workers and companies to be competitive in a global economy.

4.3. The emphasis of the program is skill-based training that can be certified through national, State, or local assessments resulting in a credential and meeting the economic development goals of the State as determined by the West Virginia Development Office.

4.4. The program is intended to provide services to West Virginia companies, but may provide education or training at out-of-state locations with the approval of the Chancellor or his or her designee.

4.5. The West Virginia Advance Rapid Response program will focus on providing services to employers that have a positive economic outcome on West Virginia. The program will support projects for:

4.5.1. Existing West Virginia companies that are expanding and creating new jobs;

4.5.2. Existing West Virginia companies that are requiring employees to obtain new job skills in order to retain their positions and keep or make the company more competitive;

4.5.3. Existing West Virginia companies that are upgrading present employees to access high-skill, high-wage occupations within the company;

4.5.4. Companies or industry sectors or clusters that are targeted by the West Virginia Development Office as critical to West Virginia’s economic development;

4.5.5. New companies locating in West Virginia that require a skilled workforce for start-up;

4.5.6. West Virginia Development Office projects, targeted industries, or local economic development initiatives;

4.5.7. Pre-employment training or preparation to enter a program leading to a high-demand occupation;

4.5.8. Workers displaced by company closings or reductions in the workforce.; or

4.5.9. Entrepreneurship development programs that have a positive economic impact on a region or community, particularly rural areas, and produce individual employment opportunities.

W. Va. Code R. § 135-27-5 Technical Program Development Description

5.1. The program will provide funding for Certificate of Applied Science or Associate Degree programs that meet documented needs of employers or compliment the economic development needs of the State or region.

5.2. The program must target high-demand occupations resulting in participant placement with an average wage range of at least $15.00 per hour.

5.3. The program is intended to provide participants with the general education and technical skill competencies for high-skill, high-wage occupations.

5.4. The program is intended to increase the capacity of community and technical colleges to better serve the needs of employers and individuals through the development of new technical programming.

W. Va. Code R. § 135-27-6 Learn and Earn Program

6.1. Eligible community and technical colleges may partner with employers to provide cooperative education opportunities for students. At a minimum, Learn and Earn programs must:

6.1.1. Document and validate the program is a high-demand occupation for the State;

6.1.2. Be a paid work experience that pays the student at least $15.00 per hour;

6.1.3. Provide the student with a supervised work experience in the student’s expected career field or program of study and reinforce learning that has occurred in the academic program;

6.1.4. Have clearly stated measurable learning goals and objectives reflecting what the student’s expected learner outcomes will be throughout the experience;

6.1.5. Be part of the academic program and carry college credit as determined by program faculty. The Chancellor may waive this requirement for training in high-demand occupation areas;

6.1.6. Have an assessment component that documents the student has adequately mastered the expected learner outcomes; and

6.1.7. Be for a defined period of time and may be on a part- or full-time work basis.

W. Va. Code R. § 135-27-7 Grant Eligibility

7.1. Under the provisions of this rule, community and technical colleges are eligible to apply for grant funding.

7.2. To be eligible for a grant under this program, a community and technical college shall:

7.2.1. Complete the application for grant funding on forms provided by the Council and submit the application electronically on or before the submission deadline;

7.2.2. Develop programs that meet documented employer needs;

7.2.3. Involve and collaborate with employers in the development of programs; and

7.2.4. Develop customized training programs skill sets, Certificates of Applied Science, or Associate of Applied Science degrees that provide for the changing needs of employers and are offered at flexible times and locations to accommodate employer scheduling;

7.2.5. For programs that carry academic credit, establish programs of study agreements with public school systems for the seamless progression of students from the secondary level through community and technical college Certificate of Applied Science and Associate of Applied Science degree programs;

7.2.6. Assist with the ongoing assessment of workforce development needs of the community and technical college consortia district, as defined by W. Va. Code § 18B-3C-4;

7.2.7. Actively participate in a community and technical college consortia planning district and facilitate the involvement of consortia members in the development of applications for funding through the Workforce Development Initiative Program;

7.2.8. Agree to share curricula developed with funding through these programs with other community and technical colleges;

7.2.9. Establish a special revolving fund under the jurisdiction of the community and technical college dedicated solely to workforce development initiatives;

7.2.10. Agree to establish a separate account with an identifiable account number for each grant award; and

7.2.11. Agree to adhere to all terms, conditions, and deliverables as specified in the application and this rule.

W. Va. Code R. § 135-27-8 Grant Review

8.1. The Chancellor shall provide grant applications to all eligible institutions.

8.2. The Council’s staff shall review West Virginia Advance Rapid Response, Technical Program Development, and Learn and Earn program applications for the purpose of providing a recommendation to the Chancellor or the Council as appropriate. The Council shall award Technical Program Development grants, and the Chancellor shall award Learn and Earn and Advance Rapid Response Grants.

8.3. The Council may delegate authority for all grant approval to the Chancellor.

W. Va. Code R. § 135-27-9 Application Content

9.1. Each proposal for a Learn and Earn, Technical Program Development, and West Virginia Advance Rapid Response grant shall, at a minimum:

9.1.1. Identify the goals and objectives of the program, the specific business sector training needs, and the job market demand for the program or training;

9.1.2. Identify the number of participants to be served during the grant period, anticipated placement rate, and wage benefit of completers;

9.1.3. Identify private and public sector partners, including those with public school career-technical education which minimizes duplication of programming and maximizes the use of existing facilities;

9.1.4. Provide a letter of support for the proposal from the local Workforce Development Board and/or Regional Economic Development Authority;

9.1.5. Provide a detailed work plan, a budget, and an evaluation plan to gauge the progress of the program;

9.1.6. Provide letters of commitment from private or public sector partners confirming the actual funding amount provided for the match requirements where applicable; and,

9.1.7. Provide a plan for sustaining the program after grant funding is exhausted.

9.2. In addition to the provisions of 9.1., those community and technical colleges applying for grant funding to support a Learn and Earn project shall:

9.2.1. Complete the Learn and Earn section of the application describing in detail the cooperative education work experience reflecting the provisions contained in Section 6.1. of this Rule; and

9.2.2. Provide a written agreement between the community and technical college and the participating employer describing a formalized work plan for the work experience component.

W. Va. Code R. § 135-27-10 Accountability and Reporting

10.1. A community and technical college receiving a grant under the provisions of these programs shall submit to the Chancellor all requested programmatic accountability data and budgetary reports including, but not limited to:

10.1.1. Annual financial reports detailing program expenditures;

10.1.2. Annual reports on activities conducted and dates completed;

10.1.3. An evaluation of accomplishments in implementing the application’s proposal; and

10.1.4. A final report on goals achieved, number of participants served, number of completers, number of completers placed in employment or obtaining a wage increase, cost of training per participant, and other information deemed necessary by the Council.

10.2. Community and technical colleges may not sell, dispose of, or use for purposes other than those specified in the application equipment purchased or upgraded with grant funds under the Workforce Development Initiative Program without approval of the Council.

W. Va. Code R. § 135-27-11 Grant Extension and Renewal

11.1. Generally, grants will be awarded on a one-time basis. Technical Program Development and Advance grants may be for multiple years reflecting the duration of the career-technical program or training being provided. Community and technical colleges shall submit applications to renew Learn and Earn annually.

11.2. The Chancellor may authorize the expenditure of carry-forward funds upon written request by the community and technical college.

11.3. Subject to meeting the stated goals and timeframes of the Workforce Development Initiative Program, may award Workforce Development Initiative Program grants for a period not to exceed one year. A grantee may obtain subsequent grants by submitting a renewal application to the Chancellor for Learn and Earn and Advance Rapid Response grants or to the Council for Technical Program Development grants, so long as the grantee has completed all the objectives of the current grant to the Chancellor’s or the Council’s satisfaction. Subject to annual review by the Chancellor or the Council and justification by the grantee, the Chancellor or the Council may renew Workforce Development Initiative Program grants each year for not more than five years following the initial grant award.

W. Va. Code R. § 135-27-12 Grant Withdrawal and Penalty; Unexpended Funds

12.1. The Council reserves the right to withdraw a grant upon determination of the grantee’s unsatisfactory compliance with either this rule or the specifications of the grant application.

12.2. The Council may cancel a grant in the event a grantee fails to commence Workforce Development Initiative Program activities within 90 days after receiving a notice of award from the Council.

12.3. A grantee shall reimburse to the Council the total sum of a grant not properly used or accounted for pursuant to this Rule.

12.4. The Council reserves the right to conduct on-site inspections or audits of a grantee’s Workforce Development Initiative Program and program records during or after the grant period for a period of three years after the Council awards the grant.

12.5. The grantee shall return any unexpended funds remaining at the end of the grant period to the Council.

135CSR27

Series 28 Skilled Trades Apprenticeship Nontraditional Degree (STAND) Program

W. Va. Code R. § 135-28-1 General

Scope. -- This rule establishes guidelines and procedures for administering the Skilled Trades Apprenticeship Nontraditional Degree (STAND) Program, created pursuant to W. Va. Code §18B-3D-7.

Authority. -- West Virginia Code §18B-1-6 and §18B-3D-7.

Filing Date. -- April 3, 2026 Effective Date. -- April 3, 2026 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

Repeal and Replace. -- This legislative rule repeals and replaces WV 135CSR28 “Standards for the Administration of the West Virginia Earn a Degree, Graduate Early (EDGE) Program” filed April 15, 2014 and effective May 15, 2014.

W. Va. Code R. § 135-28-2 Administration

The Chancellor for Community and Technical College Education shall administer the STAND Program under the general direction of the Council.

W. Va. Code R. § 135-28-3 Institution Eligibility

3.1. Only public community and technical colleges authorized by the Council and offering associate of applied science degrees are eligible to participate in the STAND Program.

W. Va. Code R. § 135-28-4 Student Eligibility

4.1. To be eligible for participation in the STAND Program, an applicant must:

4.1.1. Be a citizen or legal resident of the United States who meets the residency requirements for federal student aid;

4.1.2. Have been a resident of West Virginia for at least one year immediately preceding the date of application;

4.1.3. Be at least 18 years of age;

4.1.4. Have earned a high school diploma or passed a state-approved high school equivalency exam;

4.1.5. Be currently enrolled in a skilled trades registered apprenticeship program recognized by the United States Department of Labor’s Office of Apprenticeship, or hold a Certificate of Completion of Apprenticeship issued by the U.S. Department of Labor for a skilled trades program;

4.1.6. Submit a completed STAND Program application and any additional documentation required by the Council or participating institution;

4.1.7. Be accepted for enrollment into a participating community and technical college.

4.1.8. Prior to the beginning of the academic year or initial term of enrollment, complete any administrative forms or disclosures required by the Council, including a student agreement acknowledging program requirements and time limits.

4.1.9. The Council may refine the list of eligible skilled trades apprenticeship programs based on availability of funding and other programmatic considerations.

4.2. Eligible students must be enrolled in one or more general education courses applicable to an associate of applied science degree program approved by the participating institution.

4.3. STAND Program participants must complete and pass all general education coursework:

4.3.1. Within six (6) years from the initial date of enrollment in the STAND Program; or

4.3.2. Within two (2) years following the completion of the apprenticeship program, whichever period is longer for apprentices;

4.3.3. For apprenticeship certificate holders, within six (6) years from the initial date of enrollment.

4.4. Prior to the conferral of an associate degree under the STAND Program, the participating institution must verify that the student-apprentice has completed a sufficient number of credit hours through coursework delivered directly by the conferring institution to satisfy institutional residency requirements established by the institution’s regional accrediting body. Such credits may not be awarded through prior learning assessment or credit transfer.

4.5. Students must maintain compliance with all institutional and Council policies, including program participation requirements, course attendance, and academic performance standards.

4.6. Students may be simultaneously enrolled in both a participating community and technical college and a registered apprenticeship program. Institutions may award academic credit through a Prior Learning Assessment (PLA) process for eligible apprenticeship-related learning outcomes, even if the apprenticeship experience occurs concurrently with college enrollment. Such credit:

4.6.1. May be applied only to the technical or program-specific components of the associate degree plan;

4.6.2. May not be used to satisfy general education requirements for the degree;

4.6.3. Must be documented in accordance with institutional policy; and

4.6.4. Must meet accreditor requirements for transparency, academic rigor, and student learning assessment.

4.7. Each eligible student may receive STAND Program funding for general education coursework until whichever of the following occurs first or with fewer credit hours:

4.7.1. The student has completed twenty-one (21) credit hours of general education coursework funded through the STAND Program over the student's lifetime, regardless of the number of institutions attended or degree programs pursued;

4.7.2. The student has met all general education requirements for an associate degree at the host institution; 4.7.3 The student fails to maintain a minimum cumulative grade point average of 2.0 in coursework funded through the STAND Program.

W. Va. Code R. § 135-28-5 Tuition and Fees

5.1. Tuition and eligible academic fees for courses completed as part of the STAND Program shall be paid directly by the Council to the participating institution, subject to available appropriations.

5.2. Participating institutions shall not charge student-apprentices or apprenticeship certificate holders enrolled in the STAND Program any additional tuition, mandatory institutional fees, or academic course fees for eligible coursework covered under the program.

5.3. The rate of tuition and fees charged to the Council for courses funded through the STAND Program must be the same as the rates charged to all other students enrolled in the same or similar courses at the institution.

5.4. Institutions may not establish special tuition or fee structures for STAND Program participants that differ from those published in the institution’s approved schedule of tuition and fees, unless expressly approved in writing by the Chancellor.

5.5. Fees eligible for reimbursement under the STAND Program shall be limited to:

5.5.1. Tuition;

5.5.2. Course- or program-specific academic fees approved by the Council (e.g., lab or testing fees); and

5.5.3. Other academic charges required of all students enrolled in the same course or program that are considered eligible for funding through the West Virginia Invests Grant program.

5.6. Fees that are not eligible for reimbursement include:

5.6.1. Tools, uniforms, textbooks, or other consumable supplies;

5.6.2. Parking, late registration, or student activity fees;

5.6.3. Any other fee deemed ineligible for funding through the West Virginia Invests Grant program; and

5.6.4. Any costs associated with the apprenticeship component of the program, including on-the-job training expenses.

5.7. Participating institutions shall submit documentation of tuition and fee rates, course enrollments, and verification of student participation in the STAND Program in a format and timeline prescribed by the Chancellor.

W. Va. Code R. § 135-28-6 Awards and Payment

6.1. Subject to available appropriations, the Council shall pay directly to eligible institutions the tuition and academic fees incurred by student-apprentices for eligible courses, the process for which shall be determined by the Chancellor.

6.2. The maximum award per term shall not exceed the actual cost of tuition and Council-approved academic fees for eligible courses.

6.3. Should a STAND recipient terminate enrollment for any reason during the academic year, the institution shall return to the Chancellor the unused portion of the grant in accordance with the refund policy associated with Federal Title IV funds. The institution is responsible for returning to the Council the unused portion of the grant.

6.4. Excess STAND funds shall not be refunded to the student.

W. Va. Code R. § 135-28-7 Program Delivery

7.1. Institutions shall deliver courses in a manner and on a timeline designed to allow eligible students to complete at least 15 credit hours of general education coursework toward an associate of applied science degree.

7.2. Delivery formats may include in-person, hybrid, or online instruction, subject to institutional capacity and accreditation standards.

W. Va. Code R. § 135-28-8 Reporting

8.1. Institutions must submit program data to the Chancellor in a format and frequency prescribed by the Chancellor.

8.2. Such data shall include:

8.2.1. The number of student-apprentices and apprenticeship certificate holders enrolled;

8.2.2. The number of associate degrees earned through the program;

8.2.3. Completion and progression metrics;

8.2.4. Feedback and concerns raised by students, apprenticeship sponsors, and institutions.

8.3. The Chancellor shall submit an annual report to the Legislative Oversight Commission on Education Accountability by December 1 of each year.

W. Va. Code R. § 135-28-9 Appeals

9.1. An applicant may appeal in writing, the decline of an initial award or renewal award or any other decision within fifteen (15) days of receiving notification, to the Chancellor or his/her designee. The Chancellor, or his/her designee, shall issue a written decision upholding or reversing the initial decision.

9.2. Any applicant appeal of a decision concerning satisfactory academic progress shall be referred to the institution for resolution consistent with the institution procedures established for this purpose.

W. Va. Code R. § 135-28-10 Reconciliation and Audits

10.1. Prior to the close of each fiscal year, the financial aid office at each participating institution shall reconcile all STAND Program records with the following:

10.1.1. The Council’s records of STAND awards and disbursements; and

10.1.2. The institution’s business office records documenting all STAND-related payments received from the Council.

10.2. All participating institutions shall be subject to periodic audits to ensure compliance with STAND Program requirements, applicable state and federal financial aid regulations, and Council policies.

10.3. The Council may require institutions to submit documentation or respond to audit findings within a specified timeframe. Failure to comply may result in the suspension of STAND Program participation or recovery of disbursed funds.

Series 30 Purchasing

W. Va. Code R. § 135-30-1 General

1.1. Scope. -- This joint rule establishes rules and policies governing and controlling purchase, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment by the West Virginia Higher Education Policy Commission, created pursuant to West Virginia Code §18B-1B-1 and hereinafter referred to as the ”Commission", the West Virginia Council for Community and Technical College Education, created pursuant to West Virginia Code §18B-2B-3 and hereinafter referred to as the “Council” and the institutional boards of governors, created pursuant to West Virginia Code §18B-2A-1 and hereinafter referred to as the “Governing Boards.”

1.2. Authority. -- West Virginia Code §18B-1-6, §18B-5-4 through §18B-5-9.

1.3. Filing Date. -- February 26, 2026

1.4. Effective Date. – March 26, 2026

1.5. Modification of Existing Rule. – Title 135, Series 30 which had an effective date of September 23, 2016.

W. Va. Code R. § 135-30-2 Definitions

2.1. As used in this rule, all terms have the same meaning as provided in West Virginia Code §18B-1-2, and as follows:

2.1.1. “Bid” means a response by a vendor to a solicitation issued by the Commission. This includes Request for Proposals, Request for Quotations and any other solicitation methodology used by the Commission.

2.1.2. “Buyer” means an individual designated by a chief procurement officer or director of procurement to perform designated purchasing and acquisition functions as authorized by the chief procurement officer/director of procurement.

2.1.3. “Chancellor for higher education” means the chief executive officer of the Commission employed pursuant to West Virginia Code §18B-1B-5.

2.1.4. “Chancellor for community and technical college education” means the chief executive officer of the Council employed pursuant to West Virginia Code §18B-2B-3.

2.1.5. “Commission Office” means the office that houses the Vice Chancellor for Administration and such professional, administrative, clerical and other employees as may be necessary to assist the Vice Chancellor for Administration perform his or her functions, tasks and duties.

2.1.6. “Chief procurement officer” means the individual designated by a president of a state institution of higher education to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for that institution. For the Commission Office and West Virginia Network for Educational Telecomputing, the chief procurement officer is the person designated by the Vice Chancellor for Administration.

2.1.7. “Commodity” means an article which is useful or serviceable, particularly an article of merchandise movable in trade; a good, or service of any kind, including construction; an article of trade or commerce; things that are bought and sold.

2.1.8. “Director of Procurement” means the individual designated by the Vice Chancellor for Administration to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for the Commission Office and West Virginia Network for Educational Telecomputing.

2.1.9. “Essential service” means something basic; a commodity that is necessary, indispensable, or unavoidable and is purchased in a routine, repetitive, and noncompetitive manner.

2.1.10. “Institution(s)” means any public West Virginia university, college, and community and technical college, individually or collectively, created pursuant to West Virginia Code §18B-1-2. For the purposes of this rule, the Commission Office and West Virginia Network for Educational Telecomputing shall also be considered institutions.

2.1.11. “F.O.B. destination” and "free on board destination" mean the seller or vendor must transport or pay for the transportation of the materials, supplies, equipment, services, and printing, to the point of destination specified in the contract.

2.1.12. “Governing Boards” or “Boards” means the institutional boards of governors created pursuant to West Virginia Code §18B-2A-1.

2.1.13. “Higher education institution” means an institution as defined by Sections 401(f), (g) and (h) of the federal Higher Education Facilities Act of 1963, as amended.

2.1.14. “President” means the chief executive officer of a higher education institution.

2.1.15. “Purchase order” means the document issued by the Commission to a vendor for the acquisition of goods and services. A purchase order may also be referred to as a “contract”.

2.1.16. “Sole source” means only one vendor can supply the desired product or service.

2.1.17. “Single source” means that the desired product or service is available from only one supplier because of the uniqueness and characteristics of the product or service offered.

2.1.18. “Responsible bidder” and "responsible vendor" mean a person and/or vendor who have the capability in all respects to perform contract requirements, and the integrity and reliability which will assure good faith performance.

2.1.19. “Responsive bidder” and "responsive vendor" mean a person and/or vendor who has submitted a bid which conforms in all material respects to the invitation to bid.

2.1.20. “Vendor” means a seller of goods and services. A vendor must be registered with the West Virginia Department of Administration prior to the receipt of a purchase order or contract.

2.1.21. “West Virginia Council for Community and Technical College Education” or “Council” means the council created pursuant to West Virginia Code §18B-2B-1.

2.1.22. “West Virginia Higher Education Policy Commission” or “Commission” means the commission created pursuant to West Virginia Code §18B-1B-1.

2.1.23. “Vice Chancellor for Administration” means that person employed by the Commission with the advice and consent of the Council in accordance with West Virginia Code §18B-4-2. The Vice Chancellor for Administration shall assume all powers and duties that were assigned to the Senior Administrator.

W. Va. Code R. § 135-30-3 Applicability

3.1. This procedural rule applies to all institutions as defined in Section 2 of this rule.

W. Va. Code R. § 135-30-4 Authority of the Commission and Council

4.1. Pursuant to West Virginia Code §18B-5-4, the Commission and Council shall jointly adopt rules governing and controlling acquisitions, purchases and inventory management of materials, supplies, equipment, services, construction, and printing, and the disposal of obsolete and surplus materials, supplies, and equipment.

W. Va. Code R. § 135-30-5 Authority and Duties of the Vice Chancellor for Administration

5.1. The Vice Chancellor for Administration shall, in the name of the Commission and Council, have the authority and duty to:

5.1.1. Administer and oversee the purchasing system of the Commission, Council and Governing Boards;

5.1.2. Recommend to the Commission and Council additional rules or modifications to this rule as may be required for efficient and cost effective management of purchases, inventorying of materials, supplies, and equipment and disposal of obsolete and surplus materials, supplies, and equipment;

5.1.3. Develop administrative manuals, guidelines, procedures, and forms which shall be followed by the institutions for purchase, acquisition and inventory management, and disposal of obsolete and surplus materials, supplies, and equipment;

5.1.4. Provide for a periodic audit of the institutions for compliance with the rules and policies that have been adopted by the Commission and Council and the administrative manuals, guidelines, procedures and forms developed by the Vice Chancellor for Administration;

5.1.5. If requested, provide assistance to one or more institutions in the purchase, acquisition and inventory management of materials, supplies, equipment, services, construction and printing, and in disposal of obsolete or surplus materials, supplies and equipment; and

W. Va. Code R. § 135-30-6 Delegation of Purchasing Authority and Responsibilities

6.1. The Commission, Council and each Governing Board, through the Vice Chancellor of Administration, or as may be delegated by him or her, shall purchase or acquire materials, supplies, equipment, services, construction and printing as required by that Governing Board or the Commission and Council, as appropriate, and the institution(s) under their jurisdiction. Each Governing Board shall have fiduciary responsibility to ensure that purchases and acquisitions are made within the limits of available appropriations and funds in accordance with applicable provisions of West Virginia Code §5A-2-1 et seq., and for the inventory of materials, supplies and equipment and for disposal of obsolete or surplus materials, supplies and equipment as required by the institution(s) under their jurisdiction.

6.2. In order to assist the Governing Board in carrying out its duties, obligations and responsibilities under this rule, the Board may, by resolution of the Board, delegate authority to the institution’s president who shall have overall control and management of the institution’s purchases, inventory, and disposal of obsolete or surplus materials, supplies and equipment as required by that institution. The president shall appoint a chief procurement officer to assist the president in carrying out the duties, obligations and remedies imposed by the Governing Board and this rule. This appointment shall be made in writing and filed with the Vice Chancellor for Administration, the State Auditor and the Attorney General.

6.3. Unless otherwise stated in writing by the president, the chief procurement officer shall have full authority to act as the designee of the president for purchase, acquisition, receipt of and inventory management of all materials, supplies, equipment, services, construction, and printing, and for disposal of obsolete or surplus materials, supplies, and equipment as may be required by the institution.

W. Va. Code R. § 135-30-7 Authority, Duties and Remedies of the Chief Procurement Officer/Director of Procurement

7.1. The chief procurement officer or the director of procurement shall, unless otherwise stated in writing, have full authority to act in matters of institutional purchasing, inventory management and disposal of surplus and obsolete property as the designee of the president, or of the Vice Chancellor for Administration in the case of the Commission and Council Offices and West Virginia Network for Educational Telecomputing, and shall serve as the central procurement officer for the institution. This individual may also fulfill other institutional functions.

7.2. The chief procurement officer or the director of procurement may appoint buyers and delegate authority to them as designees, or to any department within the institution. Delegation of authority by the chief procurement officer or the director of procurement, and any limits thereupon, shall be in writing and filed with the Vice Chancellor for Administration, the State Auditor and the Attorney General. Responsibility for ensuring institutional compliance with the West Virginia Code and this rule shall rest with and be the responsibility of the chief procurement officer or director of procurement.

7.3. As required by law and this rule, and consistent with administrative manuals, guidelines and procedures developed by the Vice Chancellor for Administration, the chief procurement officer or director of procurement shall have the duty and/or authority to:

7.3.1. Purchase and contract for the materials, supplies, equipment, services, construction and printing required by the institution;

7.3.2. Establish institutional guidelines and procedures for purchases not exceeding $50,000;

7.3.3. Establish institutional guidelines and procedures for receiving, inventorying and distributing materials, supplies, equipment, services, and printing;

7.3.4. Review specifications and descriptions before soliciting bids or proposals to ensure that they are competitive and fair and do not unfairly favor or discriminate against a particular brand or vendor;

7.3.5. Advertise for bids on all purchases exceeding $50,000, and post or otherwise make available notices of all purchases for which competitive bids or proposals are being solicited by the institution's purchasing office;

7.3.6. Maintain the institution's purchasing files;

7.3.7. Accept or reject any and all bids in whole or in part;

7.3.8. Waive minor irregularities in bids, bidding documents and/or specifications;

7.3.9. Apply and enforce standard specifications;

7.3.10. Manage the institution's inventory of materials, supplies and equipment, authorize transfers to or between institutions, and sell surplus, obsolete or unused materials, supplies, and equipment;

7.3.11. Prescribe the amount of deposit or bond to be submitted with any bid or contract;

7.3.12. Prescribe contract provisions for liquidated damages, remedies and/or other damages provisions in the event of vendor default;

7.3.13. Exempt from competitive bidding purchases of materials, supplies, equipment, services, and printing purchased from within state government, from West Virginia sheltered workshops, from cooperative buying groups and consortia, and from the federal government or federal government contracts when price, availability and quality are comparable to those on the open market;

7.3.14. Perform chemical and physical tests on samples submitted with bids and samples of deliveries to determine compliance with specifications, if deemed necessary and prudent;

7.3.15. Hear and render opinions on vendor complaints and protests;

7.3.16. Ensure vendors are registered with the Department of Administration’s Vendor/Customer File in accordance with the West Virginia Code;

7.3.17. Apply the preference for resident vendors required by the West Virginia Code;

7.3.18. File contracts and purchase orders that exceed the dollar limit required for competitive sealed bidding with the State Auditor;

7.3.19. Submit contracts and purchase orders to the Attorney General for approval or as may be required by law, administrative procedures and guidelines;

7.3.20. Ensure that purchases exceeding the dollar amount for competitive bidding are encumbered and entered into the State’s accounting system as required by West Virginia Code §18B-5-4(g) and §5A-2-1 et. seq.

7.3.21. Apply and enforce other applicable provisions of state and federal laws pertaining to purchases, inventory management and disposal of surplus and obsolete materials, supplies, and equipment.

7.4. Remedies that are available to the chief procurement officer or director of procurement when appropriate circumstances arise include:

7.4.1. In the event that a vendor fails to honor any contractual term or condition, the chief procurement officer or the director of procurement may cancel the contract and re-award the contract to the next lowest responsible and responsive bidder;

7.4.2. Vendors failing to honor contractual obligations may be held responsible for all differences in cost;

7.4.3. Declare a vendor or bid non-responsible or non-responsive and refuse to award a purchase order. All such instances shall be substantiated in writing giving the reason(s) thereof, and such documentation shall be considered a public document available for inspection at all reasonable times; and

7.4.4. Suspend, for a period not to exceed one (1) year, the right of a vendor to bid when there is reason to believe that such vendor has violated any of the provisions of the terms and conditions of a contract, this rule and/or state law.

W. Va. Code R. § 135-30-8 Purchase or Acquisition of Materials, Supplies, Equipment, Services, and Printing

8.1. Unless otherwise authorized by law, all purchases or acquisitions of materials, supplies, equipment, services, and printing shall be awarded by competitive bidding, except as provided in the following paragraphs of this rule:

8.1.1. Purchases not exceeding $50,000;

8.1.2. Competitive sealed proposals;

8.1.3. Competitive selection procedures for professional services;

8.1.4. Sole source and single source procurement;

8.1.5. Emergency procurement;

8.1.6. Open end and federal contracts; and

8.1.7. Essential services.

8.2. Specifications shall be written to maximize and encourage competition. In certain cases, a “brand name or equal” may be used as a specification.

8.3. All purchases and acquisitions shall be made in consideration of and within limits of available appropriations and funds and in accordance with applicable provisions of West Virginia Code §5A-2, relating to expenditure schedules and quarterly allotments of funds.

8.4. Award shall be made to the lowest responsible and responsive vendor. In determining the lowest responsible and responsive vendor, consideration will be given to such factors as quality (meeting specifications), price, time of delivery, cost of delivery, and other terms and conditions considered prudent. Unit prices shall prevail in all cases when there is a conflict between the unit price and extended price. In some cases multiple and/or split awards may be made when determined to be in the best interest of the institution. Occasionally, purchase orders may be issued which impose no obligation to take delivery of a product and/or service and as such, these purchase orders shall be issued as blanket purchase orders or price agreements. In situations where vendors are competing to provide a service that will generate income for an institution, the award shall be made to the highest responsible and responsive bidder, taking into consideration the above factors.

8.5. The chief procurement officer or director of procurement may accept or reject, in whole or in part, any bid or proposal when the chief procurement officer or director of procurement believes it to be in the best interest of the institution. If any bid or proposal is rejected, a written explanation shall be placed in the purchasing file.

8.6. When tie bids or proposals are received, the tie shall be broken and an award made by allowing the tied vendors to make a “last and final offer.” If a tie bid is not broken by a “last and final offer,” then the tie may be broken by a flip of a coin, draw of the cards or any other impartial method deemed prudent by the chief procurement officer.

8.7. Except for exemptions granted in the West Virginia Code, all material, supplies, equipment, services, and printing made upon competitive bids or proposals shall be subject to any resident vendor preference set forth in the West Virginia Code.

8.8. The chief procurement officer or director of procurement shall determine the applicability and amounts of bonds and/or deposits required of a vendor at any time, if, in his or her judgment, such security is necessary to safeguard the institution from undue risk. The chief procurement officer or director of procurement may require the vendor to submit a certified check, certificate of deposit, performance bond, or any other security acceptable to the chief procurement officer, payable to the institution. Personal checks and/or company checks are not acceptable. When a contract has been satisfactorily completed on which a surety bond or other deposit has been previously submitted, the spending unit shall certify the completion in writing to the chief procurement officer or the director of procurement. The chief procurement officer or director of procurement, upon receipt of the notification, shall return the check or deposit to the vendor.

8.9. Purchases not exceeding $50,000.

8.9.1. The chief procurement officer or the director of procurement shall establish institutional guidelines and procedures for purchases not exceeding $50,000. These guidelines and procedures shall provide for obtaining adequate and reasonable records to properly account for funds and to facilitate auditing. They shall be approved by the president, filed with the Vice Chancellor for Administration and be on file in the institution’s purchasing office and made available to the public upon request.

8.9.2. Purchases in this category do not require competitive bids or quotations.

8.10. Purchasing Card.

8.10.1. The state purchasing card may be used as a payment method as provided in applicable provisions of West Virginia Code §12-3-1 et seq., and as follows:

8.10.1.a. Employee travel expenses when the travel is required by the employee’s job and is for official business of the institution. Expenses that may be paid using the purchasing card are as follows and are limited to $5,000 per transaction or the card limit whichever is less:

8.10.1.a.1. Transportation: Commercial air fare, chartered aircraft service, rail service, commercial rental vehicles, and miscellaneous ground transportation and fees such as shuttle service, taxi service and parking.

8.10.1.a.2. Lodging: Room accommodations only. Any extra charges will be the employee’s responsibility to pay.

8.10.1.a.3. Fuel: Fuel for commercial rental or fleet vehicles only.

8.10.1.a.4. Meals: Meals for employee travel may not be paid using the purchasing card.

8.10.1.a.5. Reconciliation and settlement of employee travel expenses paid by the purchasing card shall be made according to the State Auditor’s procedures, provided the procedures are consistent with the intent of applicable provisions of West Virginia Code §18B-5-4.

8.10.2. Routine and regularly scheduled payments may be made using the purchasing card and are limited to the transaction limit of the card. Routine and regularly scheduled payments mean all payments that have either received Attorney General approval in accordance with statute or do not require such approval, and are made on a regular, predictable and routine basis whether weekly, monthly, annually, or on any other regular schedule.

8.10.2.a. Routine, regularly scheduled payments are limited to the following: association dues; accreditation fees; software licenses and maintenance fees; resale merchandise; maintenance contracts; temporary space rentals; inter-library loan charges; inter/intra-institutional charges; contracts for artists, entertainers, and speakers; open end contracts; license fees of all types; utilities of all types; federal, state and municipal fees and assessments; real property rental fees; postage; books and related items, including those for libraries and bookstores; hospitality expenses; travel expenses; shipping, handling, and freight charges; advertising; subscriptions; periodicals, and publications; athletic and academic team related expenses; and necessary job related medical or drug testing and treatment.

8.10.2.b. In order to provide sufficient accounting and auditing procedures for all purchasing card transactions, each institution shall adopt and effectively use the reconciliation, reporting and payment software for the purchasing card program approved by the State Auditor and the Vice Chancellor for Administration.

8.10.2.c. The Commission and Council may expand the use of the purchasing card for travel and routine and regularly scheduled payments for any institution it determines has the capacity, internal controls and record of effective management to handle the expanded responsibilities.

8.10.3. The Council and each institution shall maintain a purchasing card that may be used for emergencies declared by the President of an institution and approved by the Chancellor up to the transaction limit of the card as provided in subparagraph 8.16.2.

8.11. Purchases Greater than $50,000.

8.11.1. Competitive sealed bidding is the preferred method for purchase and acquisition of materials, supplies, equipment, services, and printing greater than $50,000.

8.11.2. The chief procurement officer or director of procurement shall advertise for bids on all purchases exceeding $50,000. The advertisement shall appear no less than 5 days prior to the date bids are due.

8.11.3. The chief procurement officer or director of procurement shall, in addition to advertising, post or otherwise make available notice of all acquisitions and purchases for which competitive bids are being solicited in the purchasing office of the institution involved in the purchase no less than 5 days prior to making such purchase and shall ensure that the notice is available to the public during business hours.

8.11.4. Bids shall be delivered to the specified location for receipt of bids by the bidder prior to the date and time of the bid opening according to the instruction contained in the request for bids and any addenda or modifications officially issued.

8.11.5. Bids not properly delivered or received after the required time and date shall not be opened and shall be returned to the bidder.

8.11.6. The bid shall be signed by an authorized agent of the bidder. A corporate signature without an individual’s name and signature shall not be construed as an acceptable signature.

8.11.7. Facsimile transmitted bids are not acceptable for bids over $50,000. Facsimile and electronically transmitted modifications are acceptable if the bid price is not revealed.

8.11.8. A bidder may make a written modification to a sealed bid prior to the bid opening, provided modifications are made by the bidder in such a manner that the bid price is not revealed or known until the bid is opened. Written modifications must be received by the chief procurement officer or the director of procurement prior to the date and time of the bid opening. Electronically transmitted modifications are acceptable if submitted prior to the bid opening date and time and the bid price is not revealed.

8.11.9. Originals or copies of bids shall be available for public inspection after the bid opening. Vendors may designate in writing with the bid submission information contained within the bid constituting trade secrets, pursuant to West Virginia Code §29B-1-4(1), which shall be exempt from disclosure. The purchasing files shall be open for public inspection after the award has been made, except for information qualifying for the exemption set out above.

8.11.10. The chief procurement officer or the director of procurement may reject an erroneous bid after the bid opening upon request of the bidder if all of the following conditions exist: (a) an error was made; (b) the error materially affected the bid or proposal; (c) rejection of the bid or proposal would not cause a hardship on the institution other than losing an opportunity to receive materials, supplies, equipment, services, construction and/or printing at a reduced cost; and (d) enforcement of the part of the bid or proposal in error would be unconscionable. In order to reject a bid or proposal, the purchasing file must contain documented evidence that all of the above conditions exist.

8.11.11. Price and other adjustments shall be allowed on any purchase order if specific provisions for adjustments have been incorporated in the prescribed forms and the purchase order. All such requests for adjustments shall be made in accordance with the specific terms and conditions of the individual purchase order. In the event no provision for adjustments has been made, discretion to grant adjustments shall rest with the chief procurement officer.

8.11.12. Every person, firm or corporation selling or offering to sell to the Commission, Council, a Governing Board and its institutions, materials, supplies, equipment, services, construction and printing, upon competitive bid or otherwise, in excess of $50,000 per order, shall be registered with the West Virginia Department of Administration, Purchasing Division, pursuant to West Virginia Code §18B-5-5 and §5A-3-12. Purchase orders in excess of $50,000 may not be issued to any vendor not properly registered with the West Virginia Department of Administration.

8.11.13. Contracts, purchase orders and associated documents such as performance and labor/material payment bonds and certificates of insurance are not required to be approved by the Attorney General provided standard terms and conditions or standardized forms previously approved by the Attorney General are used.

8.11.14. Contracts and purchase orders that exceed the amount set forth in West Virginia Code §18B-5-4 for sealed competitive bidding shall be filed with the State Auditor.

8.12. Vendor's Rights and Duties.

8.12.1. Each vendor is solely responsible for delivery of its bid to the specified prior to the specified date and time of the bid or proposal opening.

8.12.2. If there is a conflict between the extension price and the unit price, the unit price shall prevail.

8.12.3. Any changes made by the vendor in the specifications listed in the bid request must be clearly stated. If changes are not stated, it will be assumed that items offered meet the specifications in all respects.

8.12.4. Vendors are responsible for the accuracy of the information in their bid or proposal and on the bid or proposal envelope.

8.12.5. All sales to the Commission, Council and the Governing Boards are exempt from West Virginia consumer sales tax or excise tax by blanket state exemption and blanket federal exemption.

8.12.6. It is the vendor's exclusive duty and obligation to file protests and requests for reconsideration according to the requirements of Section 9, and for reconsideration of suspension, in accordance with the requirements of Section 10 of this rule; otherwise, they shall be waived.

8.13. Competitive Sealed Proposals.

8.13.1. For purchases above $50,000, competitive sealed bids are the preferred method of procurement; however, if it is either not practicable or advantageous, a contract may be entered into by a request for proposals. The words “practicable” and “advantageous” are to be given ordinary dictionary meanings. The term “practicable” denotes what may be accomplished or put into practical application. “Advantageous” connotes a judgmental assessment of what is in the institution's best interest. The key element in determining advantageousness will be the need for flexibility.

8.13.2. The request for proposal method of purchasing is used to obtain goods and services when sufficient knowledge or expertise does not exist to adequately specify the details of the desired result. The desired result is written into the request for proposals. The vendor responds to the request for proposals with a proposal identifying its intended approach to meet the desired result along with a proposed price or fee. Terms and conditions of the contract shall be included in a request for proposals, along with a pre-established award criteria based on value or points. Whenever desirable, interviews may be conducted with interested parties for clarification and/or determination of qualifications and experience prior to award. Requests for proposals go beyond price alone. They also look at the vendor's ability and resources to furnish the desired service to get the desired result. Quality of service and performance are important considerations. Requests for proposals are primarily used for large dollar projects requiring a high level of expertise on the part of the vendor.

8.14. Competitive Selection Procedures for Professional Services.

8.14.1. The competitive selection procedure for professional services is similar to the process used for competitive sealed proposals; however, greater weight is given to the ability to perform the service as reflected by technical training, education and experience, and in some cases, artistic and aesthetic values and capabilities. In these cases, price may be a secondary consideration.

8.14.2. The competitive selection process for hiring architects and engineers is set forth in West Virginia Code §5G-1.

8.15. Sole Source and Single Source Procurement.

8.15.1. The chief procurement officer or director of procurement may approve the purchase of materials, supplies, equipment, services and/or printing directly from a vendor without competitive bid or proposals, if any of the following conditions exist: (a) the item cannot be obtained through ordinary purchasing procedures; (b) the item is of unique nature and not available from any other source; or (c) the item is available from a state spending unit or other institution with preference under the West Virginia Code, provided the price, availability and quality are comparable to those in the open market.

8.16. Emergency Procurement.

8.16.1. Emergency purchases exceeding $50,000 must receive the prior written approval of the chief procurement officer or director of procurement unless made according to subparagraph 8.16.2. An emergency situation requiring purchase of materials, supplies, equipment, services, construction or printing must be the result of unforeseen events or circumstances, including delays by contractors, delays in transportation, or an unanticipated volume of work. Emergency purchases shall not be used for hardship resulting from neglect, poor planning or lack of organization by the spending unit. Competitive bids must be obtained if possible.

8.16.2. The Council and each institution may maintain a purchasing card for use in and for situations declared an emergency by the president of an institution and approved by the Chancellor. Such emergencies may include but are not limited to partial or total destruction of a campus facility; loss of a critical component of utility infrastructure; heating ventilating, or air conditioning failure in an essential academic building; loss of campus road, parking lot or campus entrance; or a local, regional, or national emergency situation that has a direct impact on the campus.

8.16.3. In the event of an emergency declared by the president of the institution and approved by the Chancellor, the president or his or her designee may authorize the use of an emergency purchasing card by a designated representative in accordance with the procedures set forth in the State Auditor’s Legislative Rule for the purchasing card program.

8.17. Open End Contracts and Federal Contracts.

8.17.1. The Commission, Council or a Governing Board and its institution(s) may enter into open end contracts that were competitively bid for materials, supplies, equipment, services, and/or printing to supply their respective needs in the form of statewide contracts, blanket orders or price agreements. Once issued, purchases and acquisitions may be made from these contracts without securing any other bids or quotations. These contracts may be made available to other institutions, the Commission and Council for their use.

8.17.2. The Commission, Council, a Governing Board and its institution(s) may, without securing any other bids or quotations, make purchases from cooperative buying groups, consortia, the federal government and from federal government contracts if the materials, supplies, equipment, services, and printing to be purchased are available from these groups, consortia, or the federal government and its contracts, and if this is the most financially advantageous manner of making the purchase.

8.18. Essential Services.

8.18.1. Essential services may be purchased and paid for by the Commission, Council, a Governing Board and its institution(s) without securing competitive bids or proposals or issuing purchase orders. Commodities in this category may include but are not limited to utilities of all kinds; postage; items for resale; municipal, county, state, and federal fees; student awards, stipends, loans and grants; shipping and freight charges; tuition and registration fees and refunds thereof; professional dues; etc. The Vice Chancellor for Administration shall issue guidelines for the purchase of and payment for essential services.

8.19. Motor Vehicle Purchase.

8.19.1. The purchase and leasing of motor vehicles shall be consistent with this rule, and guidelines and procedures adopted by the Commission, Council, a Governing Board and the Vice Chancellor for Administration.

8.20. Procurement File.

8.20.1. The chief procurement officer or director of procurement shall maintain a purchasing file for each procurement or acquisition. This file shall contain all relevant information pertaining to such purchase or acquisition, including but not limited to: (a) bids, proposals or quotations received in response to a request for sealed bids or proposals; however, an unopened bid or proposal shall not be considered a public document or record; (b) identification and certification of the successful bid; (c) why any bid or proposal is rejected in whole or in part; (d) justification for award to other than the lowest vendor; and (e) vendor protests or complaints. The purchasing file shall be a public record open to inspection during normal business hours. No records in the purchasing file shall be destroyed without the written consent of the Legislative Auditor, except as set forth in subparagraph 8.20.2.

8.20.2. Those files in which the original documentation has been held for at least one year and in which the original documents have been reproduced and archived on microfilm or other equivalent method of duplication may be destroyed without written consent of the Legislative Auditor. All files, no matter the storage method, shall be open for inspection by the Legislative Auditor upon request.

8.21. Approval of Lease-Purchase Agreements for the Governing Boards.

8.21.1. After the Commission or Council has granted approval for lease-purchase agreements by a Governing Board, the Governing Board may enter into lease-purchase agreements for capital improvements, including equipment. Any lease-purchase agreement exceeding one million dollars in total must have prior approval of the Commission or Council.

8.21.2. Proposals for any lease-purchase agreements shall be made in accordance with West Virginia Code §18B-19-11. The Vice Chancellor for Administration may establish guidelines and a format for receiving, considering and approving such proposals.

8.21.3. Lease-purchase agreements exceeding one hundred thousand dollars must be approved as to form by the Attorney General.

8.22. Lease Agreements for Grounds, Buildings, Office Space or Other Space.

8.22.1. The Commission, Council and Governing Boards have the authority to enter into lease agreements for grounds, buildings, office space or other space in the name of the State for more than one fiscal year but not exceeding forty years under the following conditions:

8.22.1.a. The Commission, Council and institutions shall be responsible for all rent and other necessary payments in connection with the contract of lease; and

8.22.1.b. Satisfactory grounds, buildings, office or other space is not available on grounds and in buildings currently owned or leased.

8.22.2. Before executing any rental contract or lease, the Commission, Council or a Governing Board, as appropriate, shall do the following:

8.22.2.a. Determine the fair rental value of the grounds, building, office space or other space to be leased in the condition in which they exist, and shall contract for or lease the premises at a price not to exceed the fair market value;

8.22.2.b. Leases shall contain, in substance, all of the following provisions:

8.22.2.b.1. That the Commission, Council or Governing Board, as lessee, has the right to cancel the lease without further obligation on the part of the lessee upon giving thirty days' written notice to the lessor at least thirty days prior to the last day of the succeeding month;

8.22.2.b.2. That the lease shall be considered canceled without further obligation on the part of the lessee if the Legislature or the federal government fails to appropriate sufficient funds for the lease or otherwise acts to impair the lease or causes it to be canceled; and

8.22.2.b.3. That the lease shall be considered renewed for each ensuing fiscal year during the term of the lease unless it is canceled by the Commission, Council or the Governing Board before the end of the then-current fiscal year.

8.22.3. The Commission, Council or an institution which is granted any grounds, buildings, office space or other space leased in accordance with West Virginia Code §18B-19-11 may not order or make permanent changes of any type unless the Commission, Council or the Governing Board, as appropriate, has first determined that the change is necessary for the proper, efficient and economically sound operation of the institution. For purposes of this section, a “permanent change” means any addition, alteration, improvement, remodeling, repair or other change involving the expenditure of state funds for the installation of any tangible thing which cannot be economically removed from the grounds, buildings, office space or other space when vacated by the institution.

8.22.4. Leases and other instruments for grounds, buildings, office or other space, once approved by the Commission, Council or Governing Board, may be signed by the chief executive officer of the Commission, Council or the institution. A lease and other instrument entered into by a Governing Board that exceeds one million dollars in total must receive prior approval of the Commission or Council, as appropriate, before being executed by the Governing Board or institution.

8.22.5. The Commission or Council shall present to the Joint Committee on Government and Finance for prior review any purchase of real estate, any lease-purchase agreement and any construction of new buildings or other acquisitions of buildings, office space, grounds resulting from a lease entered into pursuant to the provisions of West Virginia Code §18B-19-13, if the transaction exceeds $1 million.

8.22.6. Any lease or instrument exceeding one hundred thousand dollars annually shall be approved as to form by the Attorney General. A lease or other instrument for grounds, buildings, office or other space that contains a term, including any options, of more than six months for its fulfillment shall be filed with the State Auditor.

8.23. The Commission, Council, and institutions, individually or cooperatively, will maximize their use of the following purchasing practices, when determined to provide a financial advantage:

8.23.1. Bulk purchasing;

8.23.2. Reverse bidding;

8.23.3. Electronic marketplaces; and

8.23.4. Electronic remitting.

8.24. The Commission and Council may promulgate additional rules deemed necessary to carry out the provisions of this section, and the Vice Chancellor for Administration may issue procedures for complying with this section.

W. Va. Code R. § 135-30-9 Protests and Reconsideration

9.1. Protests and requests for reconsideration of a decision made by a chief procurement officer or the director of procurement may only be made by a person and/or vendor who is a potential or actual bidder on that particular contract and/or purchase.

9.2. Protests.

9.2.1. Protests based on specifications or improprieties in any type of solicitation which are apparent or should have been apparent prior to the bid or proposal opening or closing date must be filed not later than five calendar days prior to the bid or proposal opening or closing date. A protest of the award must be filed no later than five calendar days following the notice of the institution’s intent to award the contract as posted or otherwise made available in the institution's purchasing office for competitive transactions greater than $50,000. Protests filed prior to five calendar days following the notice of intent to award shall be resolved in accordance with this rule before an award is made. Information regarding awards may be obtained from the institution's purchasing office, and a vendor contemplating a protest has a duty to obtain this information in a timely manner.

9.2.2. The protest must be filed in writing with the chief procurement officer or director of procurement and contain the name and address of the protestor, the requisition number of the bid or the purchase order number, a statement of the grounds for protest and supporting documentation, the relief sought, and if a hearing on the merits of the protest is requested.

9.2.3. The chief procurement officer or director of procurement shall review the protest and issue a decision in writing. In the event a hearing on the merits of the protest is requested by the protestor, the chief procurement officer or director of procurement shall set a time and place for the hearing. The hearing shall be recorded and an official record shall be prepared. Following the hearing, the chief procurement officer or the director of procurement shall issue a written decision.

9.3. Reconsideration.

9.3.1. Reconsideration of a decision on a protest by the chief procurement officer or director of procurement may be requested by an aggrieved party to the institution's chief financial officer. A request for reconsideration shall be made in writing within five calendar days after receiving the chief procurement officer or director of procurement's written decision, and it shall contain the name and address of the aggrieved party, the requisition or purchase order number, a statement of the grounds for reconsideration with supporting documentation, the relief sought, and if a hearing on the merits is requested.

9.3.2. The chief financial officer shall review the request for reconsideration and issue a decision in writing. In the event a hearing on the merits is requested by the aggrieved party, the chief financial officer shall set a time and place for the hearing. The hearing shall be recorded and an official record shall be prepared. Following the hearing, the chief financial officer shall issue a decision in writing to the aggrieved party and his or her decision shall be final.

9.3.3. The chief procurement officer or director of procurement and chief financial officer may refuse to decide any protest or reconsideration where the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such court. The foregoing shall not apply where the court requests, expects or otherwise expresses interest in the decision of the chief procurement officer or director of procurement and chief financial officer.

W. Va. Code R. § 135-30-10 Suspension and Reconsideration

10.1. Suspension.

10.1.1. The chief procurement officer or director of procurement shall have authority to suspend, for a period not exceeding one year, the right and privilege of a person to bid on purchases of the institution.

10.1.2. The following shall be considered adequate grounds for suspension of a vendor: (a) a vendor has exhibited a pattern of poor performance in fulfilling its contractual obligation(s) including, but not limited to, providing or furnishing commodities, materials, services or construction late, or at a quantity or quality level below that which is specified in the contract, or repeated instances of poor performance; or (b) the vendor has breached any contract entered into pursuant to the provisions of West Virginia Code §18B-5-4 through §18B-5-9 or this rule, or the vendor has been convicted of any federal or state law punishable as a felony if such conviction is directly related to the performance of a contract entered into pursuant to West Virginia Code §18B-5-4 through §18B-5-9 or this rule. Any such suspension must be imposed within one year of the date of the act, omission, or conviction the suspension is based upon, or within one year of the chief procurement officer's discovery of such act, omission, or conviction.

10.2. Reconsideration.

10.2.1. Reconsideration of a decision on suspension by the chief procurement officer or director of procurement may be requested by an aggrieved party to the institution's chief financial officer. A request for reconsideration shall be made in writing within five calendar days after receiving the chief procurement officer's decision and it shall contain the name and address of the aggrieved party, a statement of the grounds for reconsideration with supporting documentation, the relief sought, and if a hearing on the merits is requested.

10.2.2. The chief financial officer will review the request for reconsideration and issue a decision in writing. In the event a hearing on the merits is requested by the aggrieved party, the chief financial officer shall set a time and place for the hearing. The hearing shall be recorded and an official record prepared. Following the hearing, the chief financial officer will issue a decision in writing to the aggrieved party and his or her decision shall be final.

10.2.3. The chief financial officer may refuse to decide any reconsideration when the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such court. The foregoing shall not apply when the court requests, expects or otherwise expresses interest in the decision of the institution.

10.3. Vice Chancellor for Administration.

10.3.1. An institution that suspends the right and privilege of a vendor to bid on purchases of the institution shall forward a copy of the suspension notice to the chief procurement officer or director of procurement of the Commission Office, who shall maintain a record of such suspension and shall notify all institutions of such suspension.

10.3.2. If the chief procurement officer or director of procurement of the Commission Office determines that the actions of the vendor leading to the suspension by an institution are of a serious enough nature to justify imposition of a system-wide suspension, he or she shall forward the suspension and his or her recommendation to the Vice Chancellor for Administration for review. If the Vice Chancellor for Administration determines that the actions of the suspended vendor justify a system-wide suspension, he or she shall notify the vendor and all institutions of the system-wide suspension.

W. Va. Code R. § 135-30-11 Qualifications of a Buyer and a Chief Procurement Officer

11.1. Buyer.

11.1.1. No person shall be employed as a buyer unless that person, at the time of employment, is either: (a) a graduate of an accredited college or university; or (b) has at least four year's experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.

11.1.2. Any person making purchases and acquisitions pursuant to this section shall execute a bond in the penalty of fifty thousand dollars, payable to the state of West Virginia, with a corporate bonding or surety company authorized to do business in this state as surety thereon, in a form prescribed by the Attorney General and conditioned upon the faithful performance of all duties in accordance with this rule. In lieu of separate bonds for such buyers, a blanket surety may be obtained. Any such bond shall be filed with the Secretary of State. The cost of any such bond or bonds shall be paid from funds appropriated to the Commission, Council or Governing Board.

11.2. Chief Procurement Officer/Director of Procurement.

11.2.1. From the date of adoption of this rule by the Commission and Council and henceforth, no new person shall be employed as a chief procurement officer or director of procurement unless that person, at the time of employment, is: (a) a graduate of and has received a baccalaureate degree from an accredited college or university; and (b) has at least four year's experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.

11.2.2. The bonding provisions set forth in subparagraph 11.1.2. shall also apply to any person employed as a chief procurement officer or director of procurement.

W. Va. Code R. § 135-30-12 Receiving and Inventory Management

12.1. Receiving.

12.1.1. The chief procurement officer or director of procurement shall establish institutional guidelines and procedures for receiving and distributing materials, supplies, equipment, services, and printing to departments and offices within the institution. These guidelines and procedures shall be consistent with this rule, and they shall be approved by the president, filed with the Vice Chancellor for Administration and shall be on file in the institution’s purchasing office and made available to the public upon request.

12.2. Inventory Management.

12.2.1. The chief procurement officer or director of procurement shall inventory all equipment and furnishings that have a value at the time of purchase or acquisition of $5,000 or more per unit. Such inventory shall be kept current at all times. An institution may elect to inventory equipment and furnishings with a value less than $5,000 per unit.

12.2.2. The chief procurement officer or director of procurement shall set up and maintain the institution's inventory management system on the basis of generally accepted accounting standards. This system shall also conform to the requirements of the Commission, Council, the Governing Board, the state and the federal government as applicable.

12.2.3. The chief procurement officer or director of procurement shall conduct an audit of the institution's inventory, at a minimum, every three years.

W. Va. Code R. § 135-30-13 Disposal of Surplus or Obsolete Materials, Supplies and Equipment

13.1. The chief procurement officer or director of procurement shall identify and inventory the institution's surplus or obsolete materials, supplies and equipment and shall store such materials, supplies and equipment until such time as they may be disposed of in a manner consistent with this rule and state law.

13.2. An institution may dispose of surplus or obsolete materials, supplies and equipment by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise.

13.3. If the method of disposition is other than by transfer to, or exchange or trade with other governmental agencies or institutions, the chief procurement officer or director of procurement shall, at least ten days prior to the disposition, advertise once a week for two consecutive weeks by newspaper publication as a Class II legal advertisement in compliance with the provisions of West Virginia Code §59-3-1 et. seq., in the county where the surplus or obsolete materials, supplies and equipment are located, their availability or sale, in whole or part, at public auction or by sealed bid, as sound business practices may warrant under existing circumstances and conditions.

13.4. An institution may also dispose of surplus or obsolete materials, supplies and equipment through the surplus property unit of the Purchasing Division of the West Virginia Department of Administration; in which case, all of the rules and regulations of the Department of Administration shall be followed.

13.5. Under no circumstances shall any of the property described in this section be sold, transferred or conveyed to any private person, firm or corporation other than at public auction or by sealed bid or as otherwise provided in West Virginia Code §18B-5-7.

13.6. The funds an institution receives from the sale of surplus materials, supplies, and equipment shall be deposited in the State Treasury to the credit on a pro rata basis of the fund or funds from which the purchase of the particular commodities or expendable commodities was made. The Commission, Council or Governing Board may charge and assess reasonable fees related to the costs of care and handling with respect to the transfer, warehousing, sale and distribution of state property that is disposed of or sold.

W. Va. Code R. § 135-30-14 Violations

14.1. Any person who authorizes or approves a purchase contract in a manner in violation of the West Virginia Code, this rule, or any policy or procedure adopted by the Commission, Council and the Governing Board shall be personally liable for the cost of such purchase or contract. Purchases or contracts violating the West Virginia Code and/or this rule shall be void and of no effect.

14.2. Any person receiving anything of value from a known interested party in the awarding of a purchase order shall be subject to the provisions of West Virginia Code §5A-3-28, -29, -30, -31.

14.3. Except as may be authorized by the provisions of §6B of the West Virginia Code, neither the Commission, Council or a Governing Board, nor any employee of the Commission, Council or a Governing Board, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any equipment, materials, supplies, services, or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the Commission, Council or a Governing Board nor any employee of the Commission, Council or a Governing Board shall accept or receive directly or indirectly, from any person, firm or corporation, known by the Commission, Council, Governing Board or such employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever or any promise, obligation or contract for future reward or compensation.

14.4. Any vendor violating the West Virginia Code or this rule may be suspended from the right to bid on or submit a proposal for institutional purchases for a period of up to one year.

W. Va. Code R. § 135-30-15 Performance Audits

15.1. The Joint Committee on Government and Finance is required by West Virginia Code to conduct performance audits and the Commission or Governing Board shall be responsible for paying the cost of the audit from funds appropriated to the Commission or Governing Board.

15.2. The Commission also has an obligation under West Virginia Code to conduct performance audits of the policies, procedures and results of the procurement of goods and services by the state institutions of higher education and report to the Legislative Oversight Commission on Education Accountability (LOCEA) on the results of the performance audits, together with any recommendations for additional actions that might be taken to improve the efficiency, effectiveness and economy of the administrative operations of the institutions and the Commission.

W. Va. Code R. § 135-30-16 Permitting Private Institutions of Higher Education to Join as Purchasers

16.1. The Commission and Governing Boards shall permit private institutions of higher education to join as purchasers on purchase contracts for materials, supplies, equipment, services, and printing entered into by the Commission and Governing Board or the institutions under the Board’s control. Any private school desiring to join as a purchaser on such purchase contracts shall file with the Vice Chancellor for Administration an affidavit signed by the president of the institution of higher education or a designee, requesting that it be authorized to join as a purchaser on such contracts, and agreeing that it will be bound by such terms and conditions as the Commission or Governing Board may prescribe, and that it will be responsible for payment directly to the vendor under each purchase contract.

Series 32 Tuition and Fees

W. Va. Code R. § 135-32-1 General

1.1. Scope. -- This rule governs the fixing, collection, and expenditure of tuition and other fees by the governing boards of the State’s public community and technical colleges and establishes the processes by which the Council for Community and Technical College Education approves tuition and fee increases at those institutions.

1.2. Authority. -- West Virginia Code §18B-10-1(d)

1.3. Filing Date. -- February 28, 2024

1.4. Effective Date. -- February 28, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 135-32-2 [Reserved]

W. Va. Code R. § 135-32-3 Definitions

3.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §18B-10-1c and §18B-19-2 apply to this rule in addition to the definitions set forth below.

3.2. Chancellor. -- The Chancellor for Community and Technical College Education, as that term is defined by W. Va. Code §§ 18B-2-1 and 18B-2B-2(d), or his or her designee.

3.3. Community and Technical College System. – The total of the nine public community and technical colleges under the jurisdiction of the Council for Community and Technical College Education (Council).

3.4. Deferred Payment Plans. -- Payment plans approved by each board of governors to allow for payment of tuition and fees at less than full payment prior to the start of classes.

3.5. Full Cost of Instruction. -- The amount, excluding State appropriation, established by a board of governors to pay all costs associated with teaching a course.

3.6. Full-Time Equivalent Students or Annualized Full-Time Equivalent Students (AFTES). -- A calculation that translates student credit hours into an equivalent number of full-time, full-year students.

3.7. Higher Education Price Index (HEPI). -- A measurement for inflation designed specifically for use by institutions of higher education to track the main cost drivers in higher education and to measure the change in the price of the goods and services purchased by colleges and universities as measured by the Commonfund Institute, a branch of Commonfund, a nonprofit organization devoted to the management of college and university endowments.

3.8. Program Fees. -- Charges levied to all students who take classes in a specific degree program to offset some of the higher, direct, instructional costs of these programs and minimize required tuition charged to all students.

3.9. Reduced Nonresident Tuition and Fees. -- A special tuition and required educational and general fees rate charged to a specific group of nonresident students typically in counties that border the West Virginia institution.

3.10. Supplemental Fees. -- Operational charges or user fees charged to offset the specific costs for providing a particular service. These fees include, but are not limited to, course, lab, late payments, drug testing, instrument fees, and other services provided to students.

W. Va. Code R. § 135-32-4 [Reserved]

W. Va. Code R. § 135-32-5 Tuition and Fee Increases

5.1. Approval of In-State or Resident Tuition and Required Fee Increases.

5.1.1. The Council shall communicate to institutions by February 28 annually the benchmarks and guidelines for consideration of any tuition and fee increase above 10 percent in one year or above seven percent per year averaged over a rolling three-year period calculated by averaging the proposed increase with the increase for the immediate two previous years. Tuition and fee increases for online courses are not subject to approval by the Council. The benchmarks and guidelines may include, but are not limited to:

5.1.1.a. The HEPI, or other appropriate inflationary benchmarks, which was not offset by any new appropriation to the institution’s base budget for the corresponding fiscal year;

5.1.1.b. Institutional and State funding per annualized full-time equivalent student; . 5.1.1.c. Most recent three-year history of tuition and fee increases; . 5.1.1.d. Institutional implementation of new, high cost programs as defined by the Council; . 5.1.1.e. Total sources of student generated revenue, including supplemental and program fees; and, . 5.1.1.f. Other factors as requested or deemed relevant by the Council.

5.1.2. A governing board may approve without Council approval tuition and required fee increases for resident students each fiscal year up to 10 percent or not above seven percent over a three-year rolling period calculated as described in W. Va. Code § 18B-10-1(k)(1) and Subsection 5.1.1. above.

5.1.2.a. For the purposes of this rule, the tuition and fee increases that do not require Council approval shall be based on the institution’s tuition and required fee rates charged to all in-state, resident students.

5.1.2.b. The Council shall approve any supplemental fee if it is a new fee or an increase in an existing fee that is charged to 50 percent or more of the students and if the new or increased fee causes resident tuition and fee increases to exceed ten percent in one year or seven percent over a three-year rolling period calculated as described in W. Va. Code § 18B-10-1(k)(1) and Subsection 5.1.1. above. An institution shall calculate whether the new or increased fee affects 50 percent or more of students by comparing its most current, unduplicated, fall headcount enrollment with its reported projected student population to be charged. Institutions shall include these new or increased fees in the reports required by Subsections 5.1.3. and 5.1.4. below.

5.1.2.c. The governing boards shall approve all program fees, which do not require Council’s approval. However, institutions shall include these fees in the reports required by Subsections 5.1.3. and 5.1.4. below.

5.1.3. By August 31 annually, each institution shall provide the Council with a report that details the following information from the most recent academic year:

5.1.3.a. All tuition and required educational and general fee rates, program fees, and supplemental fees charged to resident, nonresident, and reduced nonresident students;

5.1.3.b. The total number of students charged resident, nonresident, and reduced nonresident tuition and required educational and general fees, program fees, and supplemental fees; and

5.1.3.c. The total revenue generated from resident, nonresident, and reduced nonresident tuition and required educational and general fees, program fees, and supplemental fees.

5.1.4. By April 1 annually, each institution shall provide to the Council a report of any board-approved or proposed new tuition and required educational and general fees, program fees, and supplemental fees for the next academic year. This report shall specify:

5.1.4.a. Current and proposed tuition and required educational and general fee rates, program fees, and supplemental fees for resident, nonresident, and reduced nonresident students;

5.1.4.b. The estimated number of students who will be charged any new or proposed changes to existing supplemental fees; and

5.1.4.c. The revenue increases projected to be generated from any proposed increases to tuition and required educational and general fees, program fees, and supplemental fees for resident, nonresident, and reduced nonresident students; and

5.1.4.d. The justification for tuition and fee increases that exceed a total of 10 percent in one year or seven percent over a three-year rolling period calculated as described in W. Va. Code § 18B-10-1(k)(1) and Subsection 5.1.1. above.

5.2. Review of Nonresident Tuition and Fees.

5.2.1. Each institution shall report to the Council annually the number of nonresident students enrolled and its nonresident tuition and fee rates. At no time should the admission of nonresident students to any institution or specific program of study within the institution unreasonably impede the ability of resident students to attend the institution or participate in the programs of the institution.

5.2.2. Full cost of instruction at each institution is based on the functional schedule from the institution’s most recent financial statements and is calculated for each institution by dividing the total instruction and student services expenses by the institution’s full-time equivalent students. The Council shall determine the average full cost of instruction for the community and technical college system by totaling the instruction and student services expenses for all institutions and dividing that sum by the full-time equivalent students enrolled at all the institutions. The Council shall provide to the institutions annually its calculations of both the institutional and system average full cost of instruction. The Chancellor shall review nonresident tuition and fees to determine if current proposed nonresident total tuition and fees fall below the lesser of the most recently reported system average or the applicable institutional full cost of instruction.

5.2.3. Institutional governing boards may choose to set nonresident tuition based on the lesser of the respective institution’s full cost of instruction or the system average full cost of instruction.

5.2.4. To provide additional educational opportunities to West Virginia residents, governing boards may enter into reciprocity agreements with nearby out-of-state higher education institutions whereby the out-of-state institution makes available programs and courses that are not available at the West Virginia institution and vice versa.

5.2.4.a. Governing boards may enter into reciprocal regional and interstate agreements, including agreements with the Southern Regional Education Board, that allow nonresident students to be charged resident tuition and fee rates when the agreements are mutually beneficial to the students of the participating states.

5.2.4.b. Reciprocity agreements may not go into effect until they are approved by the Council and approved as to form by the Attorney General’s Office. An institution’s request for approval of a proposed reciprocity agreement shall include an estimate of the total number of participating students from West Virginia and other states over the life of the agreement.

5.2.4.c. Tuition and required fees for nonresident students subject to reciprocity agreements shall be consistent with the fully approved reciprocity agreement.

5.3. Review of Reduced, Nonresident Tuition and Fees.

5.3.1. Each governing board shall provide clear, specific criteria in its determination of which students will be charged the reduced, nonresident tuition rate, such as the out-of-state counties bordering the West Virginia institution.

5.3.2. Each institution shall report to the Council any proposed or changes to the reduced, nonresident tuition rates along with the submission of resident and nonresident tuition and fee rates as required by subsection 5.1.4. above.

W. Va. Code R. § 135-32-6 Refunds

6.1. Each board of governors shall establish a refund policy for students who officially withdraw during a semester that complies with the requirements that the United States Department of Education prescribes for the return of Title IV student financial aid funds.

W. Va. Code R. § 135-32-7 Deferred Payment Plans

7.1. Each board of governors shall establish a policy that provides for implementation of deferred payment plans for students allowing them to pay their tuition and required fees in installments. The deferred payment plan(s) shall provide for full payment prior to the end of the academic term. All deferred payment policies shall address:

7.1.1. The type of installment plans available either institutionally or through a third-party provider; and

7.1.2. The interest rates, if any, that will be charged during the term of the plan.

W. Va. Code R. § 135-32-8 Expenditure

8.1. Institutions may expend auxiliary fees on the operations of food services, student unions, bookstores and other service centers.

8.2. Institutions may spend auxiliary capital fees on debt service; information technology projects; capital projects; operation and maintenance of the physical plant; and repair, maintenance, and renewal of capital facilities.

8.3. Institutions may expend educational and general fees on instruction, research, academic support, student services, institutional support, operation and maintenance of the physical plant, scholarships and fellowships, and debt service on bonds. Education and general expenditures do not include expenditures for auxiliary enterprises or independent operations. An institution may create a category within Tuition and Required Education and General Fees named Tuition to classify a fee or group of fees charged for instructional services.

8.4. Institutions may charge supplemental fees to offset the cost of providing services such as, but not limited to, courses, labs, late payments, drug testing, musical instruments, art supplies, and other services provided to students.

Series 35 Business, Occupational, and Trade Schools

W. Va. Code R. § 135-35-1 General

1.1. Scope. -- Rule regarding the issuance, renewal, and revocation of permits to business, occupational, and trade schools.

1.2. Authority. -- W. Va Code §18B-2B-9.

1.3. Filing Date. -- April 5, 2022.

1.4. Effective Date. -- June 5, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on June 5, 2027.

W. Va. Code R. § 135-35-2 Definitions

2.1. Accredited School A school that is accredited by a regional or national accrediting agency that is recognized by the United States Department of Education.

2.2. Associate Degree A degree that may be awarded by accredited schools pursuant to a program of not less than two (2) academic years as authorized by West Virginia Code 18B-2B-9.

2.3. Council The West Virginia Council for Community and Technical College Education.

2.4. Campus A permanent facility where instruction takes place, or a facility where courses are taught for more than ten (10) days per calendar year.

2.5. Chancellor The Chancellor of the West Virginia Council for Community and Technical College Education or his or her designee.

2.6. Financially Sound Meeting two of the following: a current ratio of at least 1:1 regarding total current assets compared to total current liabilities, positive total equity, or current year profitability.

2.7. Immediate Family Spouse, parent, sibling, child, or grandchild.

2.8. Ownership Change When the change of ownership results in a change in control of the school outside the immediate family.

2.9. Person Any individual, group of individuals, partnership, association, organization, business, trust, corporation, or other business entity.

2.10. Business, Occupational, or Trade School An institution, organization, or entity no matter how titled, maintaining or conducting classes or instruction for a consideration, remuneration, or tuition, designed to prepare an individual for employment or enhance employment skills.

2.11. Representative Any person representing a school, whether such school is located within or outside of the State of West Virginia, or acting as an agent, solicitor, procurer, broker, or independent contractor to produce students or enrollees for any such school by solicitation in any form at any place in this state.

2.12. School Business, occupational, or trade, school.

2.13. Specialized Associate Degree Degree that may be awarded by accredited schools pursuant to a degree program of not less than two (2) academic years.

2.14. State The State of West Virginia.

2.17. Terms Regularly established divisions of the academic school year, each with an established starting and ending date, which is normally referred to as modules, quarters, trimesters, or semesters.

W. Va. Code R. § 135-35-3 Exemptions

3.1. For the purpose of this rule, the following are not defined as a correspondence, business, occupational, or trade school:

3.1.a. Any school or person licensed or approved to offer education or training by any other statutory licensing or accrediting agency pursuant to statutes of the West Virginia Code other than18B-2B-9.

3.1.b. Any school or organization whose courses of instruction offered are solely for the purpose of teaching preparation of tax returns.

3.1.c. Any school conducted by any person, solely on a contractual basis with private or governmental organizations where obtaining a permit is not a condition of the contract and students are not charged tuition or other fees, and no advertisement of courses takes place.

3.1.d. Any training or apprenticeship program conducted by a company, union, or other organization in which students, members, or employees enrolled in the training or educational programs are not charged tuition or other fees.

3.1.e. Schools that offer courses which are conducted solely for personal development or information, do not prepare or represent themselves as preparing, an individual for a career or enhancing employment opportunities, are not offering sequential courses comprising an entire program and are not offering courses for more than twenty-four (24) weeks per calendar year.

3.1.f. Tutorial instruction given in a private home or elsewhere as supplemental to regular classes for students enrolled in public or private schools.

3.1.g. Non-profit independent colleges, universities, and other non-profit entities that are accredited by a regional accrediting agency recognized by the United States Department of Education.

3.1.h. Public colleges, universities, and schools under the jurisdiction of the West Virginia Council for Community and Technical College Education, or the West Virginia Board of Education.

W. Va. Code R. § 135-35-4 Application for Permit

4.1. Unless exempted as defined in Section 3 of this rule, a person or corporation shall not solicit students or operate any business, occupational, trade school, or branch campus in the state without first applying for or obtaining a permit issued by the Council. A permit shall be issued authorizing the solicitation of students and/or authorizing the operation of a school if all conditions of the laws and regulations of this state pertaining to correspondence, business, occupational, and trade schools are met.

4.2. If a person as defined in Section 2 of this rule wishes to operate or continue to operate a school or branch campus or to solicit students in the state, that person shall submit an original application for a permit to do so on forms provided by the Council.

4.3. As a condition of the issuance of a permit, a school shall submit with the application:

4.3.a. A copy of the curriculum and description of courses for each program being offered;

4.3.b. A copy of the student enrollment contract;

4.3.c. A copy of the school's tuition refund policy and schedule;

4.3.d. A fully executed surety bond in the appropriate amount;

4.3.e. The appropriate permit fee;

4.3.f. A list of all representatives of the school who will be soliciting students; and

4.3.g. If accredited, documentation from the accrediting agency regarding accreditation status.

4.4. Persons shall not be deemed to have submitted an initial application for a permit to operate a school or solicit students in this state unless a properly completed application, the application fee, the required surety bond, and all other information and documentation required by this rule has been submitted to the Council and the following has been provided:

4.4.a. A listing of the individual's or organization's prior school operation history in this state, other states, or other countries.

4.4.b. Information detailing the involvement in, or relationship to, any school that lost its accreditation, lost its authorization to operate because of violation of state or federal laws, was terminated from participation in the federal financial aid programs, closed without arranging a teach-out for students or arranging refunds, or other discharge of the school's contractual obligation to the student.

4.4.c. Proof at the time of filing an initial application that adequate facilities are available and ready for occupancy and that all instructional equipment, books, supplies, and personnel are in place and ready for operation and verified by an on-site visit by a representative of the Council.

4.5. As a condition of permit renewal, all schools shall make annual reports to the Council on forms furnished by the Council.

4.6. In addition to the requirements set forth above, all out-of-state schools shall annually provide evidence of authority to operate or accreditation by the regulatory agency of each state in which the school is located or conducts business.

4.7. A permit shall be valid for one year corresponding to the effective date of the surety bond as required herein.

4.8. Any information of a confidential or proprietary nature provided to the Council by a school for the purpose of obtaining or renewing a permit, and exempted from public disclosure pursuant to the terms of West Virginia Code §29B-1-4, shall not be disclosed for any purposes inconsistent with this rule or statute.

W. Va. Code R. § 135-35-5 Approval to Offer Degrees

5.1. All schools planning to offer a degree at the specialized associate’s degree, associate’s degree, or higher must receive approval from the Council and/or the West Virginia Higher Education Policy Commission prior to offering the degree. Schools seeking approval to offer the degree shall submit the following for review:

5.1.a. All degree requirements and the course curriculum

5.1.b. Faculty credentials and experience

5.1.c. A description of all available student support services

5.1.d. A description of available library and instructional materials

5.1.e. A description of program learning objectives and assessment methodology

5.2. Once a school is approved to offer the degree, that school is subject to annual reauthorization as provided in Legislative Rule, Title 135 (Council) or 135 (Commission), Series 52, Annual Reauthorization of Degree-Granting Institutions .

W. Va. Code R. § 135-35-6 Permit Application Fee

6.1. Any person applying for a permit to solicit students or operate a school, as defined by this rule, or branch campus in this state shall submit an initial application fee in the amount of two thousand dollars ($2,000) with the application.

6.2. Any person applying for renewal of a permit shall submit an annual fee of five hundred dollars ($500) with the renewal application for each campus operated by the school.

6.3. Any person submitting a permit renewal application and surety bond more than sixty (60) days after the last effective date of the applicant's previous surety bond shall be considered a new applicant for the purpose of paying the initial application fee.

W. Va. Code R. § 135-35-7 Surety Bond Requirements

7.1. A school located in the state shall submit with its initial or renewal application, the original fully executed continuous surety bond written by a company authorized to do business in this state in the sum of fifty thousand dollars ($50,000) unless required otherwise by a provision of this section.

7.2. Any school which has its physical facilities located in this state and has operated in this state under the present ownership, or ownership control within the immediate family, for at least ten (10) years is required to submit with its renewal application the original copy of a fully executed continuous surety bond written by a company authorized to do business in this state in the sum of thirty-five thousand dollars ($35,000).

7.3. Schools having branch campuses within this state shall provide one fully executed surety bond in the appropriate amount providing coverage for all campuses.

7.4. In the event of notice of cancellation of the surety bond by a bonding company, the school shall furnish a fully executed replacement to the Council within sixty (60) days of the school's receipt of the notice of cancellation. But in no event may a school solicit or enroll new students until the appropriate surety bond is in effect.

7.5. The termination of a school's surety bond coverage shall be grounds for revocation of its permit if the school fails to replace the bond within the required time.

7.6. A school whose physical facilities are located outside this state, and which applies for a permit to solicit students in this state, shall submit a fully executed surety bond in the sum of fifty thousand dollars ($50,000).

7.7. The Council may increase the bond requirement of any school to one hundred fifty thousand dollars ($150,000) if the school has its accreditation terminated or its institutional eligibility under the Higher Education Act of 1965, as amended, is terminated for cause.

7.8. If, in accordance with the standards of the American Institute of Certified Public Accountants, the school's audited financial statements are qualified because the school's continued financial viability as an ongoing concern is in doubt, and the school is not financially sound as defined in Section 2 of this rule, the Council may require the surety bond be increased up to an amount not to exceed four hundred thousand dollars ($400,000) if the Council determines an increased bond is reasonably necessary to protect the financial obligations legally due to the students then enrolled at the institution.

7.9. Confidentiality Statement - any financial information submitted to the Council by a school covered under this rule shall be used by the Council only for purposes of this rule.

W. Va. Code R. § 135-35-8 Maintenance of Records

8.1. A school shall maintain records at a central location and have them available for inspection by a representative of the Council.

8.2. A school shall maintain academic records suitable for transcript purposes for each student for fifty (50) calendar years after the student has departed the school, or until the student becomes 65 years of age. The records shall include, as a minimum:

8.2.a. The name and address of the school;

8.2.b. The full name and address of the student;

8.2.c. The starting and completion or separation dates;

8.2.d. The course of instruction or subject;

8.2.e. The amount of credit, if any;

8.2.f. The grade for each subject; and

8.2.g. A statement indicating whether the student graduated or completed the course.

8.3. A school shall develop and enforce security measures to protect student records from damage or destruction for the required period of time.

W. Va. Code R. § 135-35-9 Change of School Ownership

9.1. A school must notify the Council at least thirty (30) days in advance of the change of ownership control. Within thirty (30) days of such notification, the Council will notify the school of permit status.

9.2. When a school is located in this state and has a change of ownership control and the new ownership control is outside of the immediate family of the previous owner, the school may continue to operate under the present permit. However, before the solicitation of students can continue, the school shall submit to the Council the following:

9.2.a. A fully executed surety bond in the amount of fifty thousand dollars ($50,000).

9.2.b. The names, addresses, and corporate titles of all persons or other entities having a financial interest in the school, and the names and addresses of any other schools in which these persons or entities have or have had a financial interest.

9.2.c. A revised listing of all programs to be offered if changes were made with new ownership.

9.2.d. An application for each representative of the school who will be soliciting students.

9.3. If the school is located outside this state, the school must show evidence of compliance with the laws and regulations in the state where the school is located. In addition, before the solicitation of students continues in this state, the school must submit the following:

9.3.a. A fully executed surety bond in the amount of fifty thousand dollars ($50,000);

9.3.b. An application for each representative of the school that will be soliciting students in West Virginia;

9.3.c. A revised listing of all programs to be offered if changes are made with new ownership; and

9.3.d. The names, addresses, and corporate titles of all persons or other entities having a financial interest in the school.

W. Va. Code R. § 135-35-10 School Closing

10.1. A school which is closing, either voluntarily or involuntarily, shall:

10.1.a. Inform the Council of this action immediately by certified mail;

10.1.b. Supply the Council with the name, address, and telephone number of the person responsible for closing arrangements;

10.1.c. Supply the Council with the name, address, telephone number, and the course of study for each student who has not completed his or her course of study;

10.1.d. Supply the Council with information on the dates of enrollment, the amount of class time left for each student to complete the course, and the amount of entitled refund, if any, for which each student is eligible;

10.1.e. Inform currently enrolled students by written notice of the appropriate procedures they are to follow to secure refunds due if suitable teachouts have not been arranged, or to continue their education and supply the Council with a copy of this notice; and

10.1.f. Inform the Council and currently enrolled students of plans to store the permanent student records and the procedure to obtain copies.

W. Va. Code R. § 135-35-11 Student Enrollment Contract

11.1. Before the schooling begins, all students shall receive a completed, signed and dated enrollment contract specifying both the school’s and student's legal rights and obligations. The agreement may incorporate into the contract by reference information in the school's catalog, student handbook, or other school publication without printing such information or publication in the contract itself. The enrollment contract must contain, but is not limited to, the following:

11.1.a. The name and address of the school;

11.1.b. The name of the course of study or program, including the number of credit or clock hours of classroom instruction, home study lessons, or other study units required;

11.1.c. The total cost of the course, term or program for which the student is obligated under the contract including tuition, fees, books, and any other charges the student will incur shall be clearly stated;

11.1.d. The school's cancellation and refund policy including an explanation of the procedures a student will follow to cancel the contract or enrollment agreement; and

11.1.e. The signature of the student applicant, a parent or other sponsor if the student is under the age of eighteen (18), and the appropriate school officials, plus the date signed.

11.2. An application for admission is not to be construed as binding on the student, therefore limiting total student financial obligation to the payment of an application fee.

11.3. The school shall provide the student with a copy of the completed enrollment agreement that is signed and dated.

11.4. Those schools that are accredited by a national or regional accrediting agency recognized by the United States Department of Education may adhere to the accrediting agency's criteria regarding student enrollment contracts to satisfy the requirements of this section. However, in the event that enrollment contracts are not addressed by accrediting agency criteria, the provisions of this section must be followed.

W. Va. Code R. § 135-35-12 Cancellation and Refund Policies

12.1. To obtain a permit a school shall have a cancellation and refund policy that incorporates the following provisions:

12.1.a. A statement relative to the unused portion of tuition, fees, and other charges if the student does not begin classes, withdraws, or is dismissed.

12.1.b. All fees and payments remitted to a school by a prospective student shall be refunded, minus any stated application fee not to exceed fifty dollars ($50), if the student is not admitted due to ineligibility.

12.1.c. An admitted student applicant may cancel, by written notice, his or her enrollment any time prior to the first class day of the session for which the application was made, and the school shall refund all tuition paid by the student minus an application fee not to exceed fifty dollars ($50).

12.1.d. For the purposes of refund calculations, an individual's status as a student shall be considered terminated by the school not later than seven (7) calendar days after the last day on which the student actually attended the school. Termination may be effected earlier by proper notification. A home study program of instruction shall be terminated if a school does not receive a lesson or an appropriate response from the student within six months after receipt of the last lesson, and the date of withdrawal shall be the date of the last lesson received. The date of withdrawal initiated by a student shall be the date a letter is postmarked or proper notification is given. The school shall provide a receipt for the letter or withdrawal notice received.

12.1.e. Schools are required to submit refunds to individuals or the appropriate agency within twenty (20) days after receipt of a proper notification of termination from a student.

12.1.f. The student refund policy for withdrawals and terminations for schools not accredited by an accrediting agency recognized by the United States Department of Education must at a minimum comply with the following:

12.1.f.1. A student who begins a term and withdraws after completing up to one (1) week or ten percent (10%) of the term is entitled to a refund of ninety percent (90%) of the charges less the application fee.

12.1.f.2. A student who begins a term and withdraws after completing more than ten percent (10%) through twenty-five percent (25%) of the term is entitled to a refund of seventy-five percent (75%) of the charges less the application fee.

12.1.f.3. A student who withdraws after completing more than twenty-five percent (25%) through fifty percent (50%) of the term is entitled to a refund of fifty percent (50%) of the charges less the application fee.

12.1.f.4. A student who withdraws after completing more than fifty percent (50%) of the term is not entitled to a refund.

12.2. Refunds shall be calculated for a specific term as defined in Section 2 of this rule, or the total cost of programs not exceeding one year. In the event that students are financially obligated for a year-long program, the refund policy shall be on a weekly prorata basis through the first sixty percent (60%) of the program. The student's financial commitment shall not be for more than one year at any given time.

12.3. Those schools that are accredited by a national or regional accrediting agency recognized by the United States Department of Education, may use the accrediting agency's refund policy to meet the requirements of this section. However, student refunds must be made within twenty (20) days after receipt of a proper notification of termination.

12.4. Those schools having their physical facilities located outside this state must comply with the cancellation and refund policies of their home state. If there is no state cancellation and refund policy in their home state, Section 11 of this policy must be followed.

W. Va. Code R. § 135-35-13 Advertising

13.1. Each school and its representatives shall not make or cause to be made any oral, written, or visual presentation in connection with the offering or publicizing of a subject or course of instruction which is false or misleading.

13.2. In its advertising, a school shall:

13.2.a. Limit reference to its authority to operate to "Permit to Operate Issued by the West Virginia Council for Community and Technical College Education;

13.2.b. Disclose that it is a home study school if it provides such instruction;

13.2.c. Advertise starting or average salaries of its former students only if these claims can be documented for the most recent twelve- (12) month period preceding the advertisement for more than fifty percent (50%) of the graduating class.

13.3. In its advertising, a school shall not:

13.3.a. Advertise that it is "supervised," "recommended," "endorsed," "approved," or "accredited" by the Council;

13.3.b. Describe its courses of instruction and subjects in a misleading manner.

13.3.c. Use photographs or other illustrations in ways which misrepresent the size and location of the school, its equipment and facilities for the career for which the student is being trained;

13.3.d. Represent that it is endorsed by or affiliated with a college or university, unless such statements can be documented;

13.3.e. Advertise or indicate in any manner the transferability, or possibility of transferability, of its credits to colleges and universities unless it has written evidence on file of current acceptability of such credits from said colleges or universities;

13.3.f. Advertise that it is endorsed by manufacturers, business establishments, or organizations engaged in the line of work for which the school gives training unless written documentation regarding the endorsement is on file;

13.3.g. Advertise accredited status unless such status has been received from an accrediting body currently listed as recognized by the United States Department of Education and such accrediting body must be named if used in any advertisement or promotional material;

13.3.h. Advertise as an employment agency, or under the same or similar name as such an agency, or advertise training courses in the "Help Wanted" section of any newspaper;

13.3.i. Advertise any tuition, fees, or other charges in amounts other than those currently on file in the chancellor's office or advertise them without showing the total costs;

13.3.j. Falsely guarantee job placement or employment at a certain wage; or

13.3.k. Use endorsements, commendations, or recommendations by students without their written consent.

13.4. A school eligible to offer a course of instruction or program leading to an associate degree or specialized associate degree shall, in any advertisement, promotional material, or the school catalogue refer to this degree designation as an "Associate Degree" or a "Specialized Associate Degree."

13.5. Those schools that are accredited by a national or regional accrediting agency recognized by the United States Department of Education may adhere to the accrediting agency's criteria regarding advertising to satisfy the requirements of this section. However, in the event that advertising is not addressed by accrediting agency criteria, the provisions of this section must be followed.

W. Va. Code R. § 135-35-14 Student Complaints

14.1. A school shall attempt to resolve student complaints promptly and fairly and shall not subject a student to punitive action as a result of a written complaint having been filed with the school or Council.

14.2. The school shall have written procedures that describe in detail how a student may register a complaint with the school and Council, and how the school will investigate and attempt to resolve the complaint.

14.3. The Council will begin the investigation of a written complaint within thirty (30) days of the date of receipt of the complaint unless it is a complaint regarding a matter over which the Council has no jurisdiction or it is intrinsically not credible. The initial investigation should be completed within sixty (60) days of the filing of the complaint.

14.4. The school shall provide all enrolled students with a written copy of the student complaint procedures and make prospective students aware that such procedures exist and provide copies upon request.

14.5. Each school that is being investigated, as a result of a written student complaint, will be notified by the Council that such an investigation is being conducted, and a copy of the written complaint will be forwarded to the school. The name of the complainant may be withheld if so requested.

14.6. The school being investigated must respond to any inquiry by the Council relating to the investigation within ten (10) work days of its receipt of the inquiry.

14.7. Any school refusing to cooperate with an investigation of a written student complaint by the Council or any other governmental agency shall have its permit to operate or solicit students in West Virginia revoked in accordance with the due process provisions of Section 14 of these rules.

14.8. The Council, upon completion of the investigation of a written student complaint, will supply the school by certified mail with a written report of the findings and any proposed corrective action. The school will have twenty (20) work days to reply to the Council before any action may be taken.

14.9. The school has a right to request a hearing regarding any findings or action proposed by the Council resulting from an investigation involving student complaints.

14.10. The Council may forward any information pertaining to a written complaint found to have merit involving student financial aid to the United States Department of Education.

W. Va. Code R. § 135-35-15 Warning, Suspension, Withdrawal, or Revocation of Accreditation, License, and/or Approval To Operate

15.1. A school shall provide the Council with a copy of any notice of warning, suspension, revocation, or other adverse action received from any national, regional, or state accrediting and/or approval agency or the United States Department of Education within five (5) days of receipt of such notice. The school shall at the same time inform the Council in writing of activities being taken to correct the deficiencies.

15.2. The Council may for good cause, suspend, withdraw, or revoke the authorization of a school to operate within this state or to solicit students within the state. Good cause shall consist of:

15.2.a. Loss of accreditation by a nationally or regionally recognized accrediting agency;

15.2.b. Cancellation of the school's bond by the bonding company and failure to secure a replacement in accordance with this rule;

15.2.c. A final determination that the school has engaged in conduct prohibited by this rule, and the conduct warrants suspension, withdrawal, or revocation of the approval to operate a school or solicit students in this state, and corrective action has not been taken within the required time;

15.2.d. Closure of the school without adequately providing for the completion of students' classes or course work, without refunding students' unearned tuition or otherwise discharged the institutions contractual obligations to the students;

15.2.e. Conviction of the owner of a school for a felony or crime involving administration of the school or involving Federal Student Assistance programs; or

15.2.f. Refusal to cooperate with an investigation pursuant to Section 13 of this rule.

15.3. Upon receipt by the Council of information constituting any of the above grounds for suspension, withdrawal, revocation, or other adverse action, the Council shall notify the school and its owner in writing of its intent to recommend suspension, withdrawal, revocation, or other adverse action and the grounds for such recommendation.

15.3.a. The owner of the school may, within ten (10) work days of receipt of such notice, request a hearing upon the recommended action. Such hearing, if requested, shall be commenced within twenty (20) work days of such request at the chancellor's office or at such other location convenient to the parties and witnesses as may be designated by the chancellor.

15.3.b. The hearing shall be conducted by the Chancellor of the West Virginia Council for Community and Technical College Education or the chancellor's designee, pursuant to the procedures set forth in Chapter 29A, Article 5 of the Code of West Virginia.

15.3.c. The chancellor or the chancellor's designee may continue the hearing at the request of the school for good cause shown. Continuances shall not be granted as a matter of right.

15.3.d. If the owner or a representative of the school does not request a hearing within the requisite time period, the recommendation of the chancellor shall be deemed unchallenged by the school and reported to the Council for final action.

15.4. At the hearing, the grounds for suspension, withdrawal, or revocation of authorization to operate the school or other adverse action must be established by clear and convincing evidence.

15.4.a. The owner of the school or its designated representative may appear to defend the interests of the school, may present witnesses and evidence on behalf of the school, and may cross-examine witnesses against the school. The school may retain legal counsel to represent its interests at the hearing.

15.4.b. The Council does not have the power to issue subpoenas, but the chancellor or the school may request the appearance of witnesses at the hearing, who shall be notified of such request by the chancellor or the chancellor's designee with the date, time, and location of the hearing in writing.

15.4.c. The rules of evidence shall not strictly apply, and evidence may be admitted if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Objections to evidence offered by either party shall be ruled upon by the chancellor or the chancellor's designee who conducts the hearing.

15.4.d. The hearing shall be recorded by mechanical means or by a certified court reporter retained by the chancellor.

15.5. The chancellor shall make written findings of fact and conclusions of law as to whether or not the school or its representative has committed acts in violation of the law or these rules which would justify the suspension, withdrawal, or revocation of its authorization to operate. Such findings and conclusions shall be reported to the Council, and a copy of same shall be provided to the school on the same date it is filed with the Council and placed upon its agenda for action.

15.6. The Council shall act upon the report at its next regularly scheduled business meeting to accept or reject the findings of the chancellor or the chancellor's designee, and to suspend, withdraw, or revoke the authority of the school or its representative to operate and/or solicit students within this state. Notification of the Council's action shall be given to the school and/or its representative in writing within two (2) business days following such action of the Council, by certified mail, or by personal delivery. For good cause shown in the minutes of the Council’s, action upon the chancellor's report may be deferred to a date not later than the next regularly scheduled business meeting of the Council.

15.7. A school or its representative may appeal an adverse action of the Council to a court of competent jurisdiction within the time period specified by state law.

135CSR35

135CSR35

Series 36 Sports Programs At Community And Technical Colleges

W. Va. Code R. § 135-36-1 General

1.1. Scope. -- This rule governs sports at community and technical colleges.

1.2. Authority. -- W. Va. Code §§18B-1-6, 18B-1-8.

1.3. Filing Date. -- August 26, 2005.

1.4. Effective Date. -- September 30, 2005.

W. Va. Code R. § 135-36-2 Policy

2.1. The primary vehicle for student participation in sports activities at community and technical colleges will normally be the institutional intramural program and physical education classes. Any competitive activities beyond those provided through these programs shall be of a recreational or sports club nature. Should competition occur between public community and technical colleges located in the state or with other institutions of higher education, activities must be conducted so as to exclude the following:

2.1.1. Tackle football;

2.1.2. Intercollegiate conference affiliations;

2.1.3. Scholarships awarded on the basis of athletic ability;

2.1.4. State appropriations to defray operating or personnel costs; and

2.1.5. Addition of physical facilities constructed for the primary purpose of supporting intercollegiate sports.

135CSR36

135CSR36

Series 37 Increased Flexibility For Community And Technical Colleges

W. Va. Code R. § 135-37-1 General

1.1. Scope. -- Rule regarding the approval of new occupational programs for community and technical colleges, mode of delivery of such programs, and employment of faculty.

1.2. Authority. -- West Virginia Code §18B-3-6.

1.3. Filing Date. -- November 4, 2015.

1.4. Effective Date. -- December 14, 2005.

W. Va. Code R. § 135-37-2 Definitions

2.1. Council. -- West Virginia Council for Community and Technical College

2.2. Chancellor. -- West Virginia Council for Community and Technical College Chancellor

2.3. Community and Technical College. -- Public, higher education institutions within the Community and Technical College System of West Virginia.

2.4. Occupational Program. -- Certificate or associate degree programs delivered by a community and technical college with the primary intent of preparing the student to enter employment upon completion of the program.

2.5. Temporary Faculty. -- Faculty who have not been appointed in a tenure-track or tenured status. Their appointment may be full-time or part-time.

2.6. Two-Plus-Two Program. -- An academic program that is designed for the first two years to be delivered by a community and technical college culminating in an associate degree and articulated into a baccalaureate program without loss of credit.

2.7. Transfer Academic Program. -- An associate degree program delivered by a community and technical college for the primary purpose of providing the first two years of a baccalaureate degree program.

2.8. Module. -- A self-contained instructional component that is part of an overall course.

W. Va. Code R. § 135-37-3 Technology in the Delivery of Courses and Programs

3.1. Community and technical colleges are encouraged to incorporate the most effective and efficient use of technology in the delivery of courses and programs in order to make the best use of available resources and to control costs.

3.2. Each community and technical college shall submit to the Chancellor a five-year plan for increasing the use of technology in the delivery of courses.

W. Va. Code R. § 135-37-4 Delivery of Curricula Utilizing Modules

4.1. Community and technical colleges will deliver curricula by utilizing smaller credit and non-credit modules, particularly in the delivery of workforce development programs intended for adults and employed individuals.

4.2. Each community and technical college will employ a system to break down curricula into smaller modules that is consistent across the campus and allows for maximum flexibility in formatting courses.

4.3. Each community and technical college will provide for professional development activities for those faculty involved in the development and delivery of curricula in smaller modules.

W. Va. Code R. § 135-37-5 Facilitator for Brokering Education Programs

5.1. Each community and technical college will incorporate into its mission the roles of facilitator and broker of outside education and training programs that meet the needs of the residents and employers of the district.

5.2. The roles of facilitator and broker of outside education programs into the district will be incorporated into the overall workforce delivery strategy of each community and technical college.

W. Va. Code R. § 135-37-6 Faculty Types and Condition of Employment

6.1. The goal for each community and technical college in the appointment of faculty is to limit the number of tenured and tenure-track faculty to no more than twenty percent of full-time faculty employed at the institution.

6.2. Appointments to the faculty are addressed in Series 9, Academic Freedom, Professional Responsibility, Promotion and Tenure, of the West Virginia Council for Community and Technical College Education rules. Faculty are classified either as tenure, tenure-track, clinical-track, librarian-track, or term. Faculty employed on a non-tenure track are designated as term faculty.

6.3. Temporary faculty are eligible for reappointment, though no number of appointments shall create any presumption of a right to appointment as tenure-track or tenured faculty.

6.4. The employment status of tenured and tenure-track faculty holding appointment at each of the community and technical colleges at the time of implementation of this rule shall not be affected.

W. Va. Code R. § 135-37-7 Occupational Program Approval

7.1. New occupational programs at freestanding community and technical colleges may be implemented without approval by the Council. Two-plus-two programs and transfer education program approval will continue to follow the provisions of West Virginia Council for Community and Technical College Education Series 11.

7.2. Before the implementation of an occupational program at a freestanding community and technical college, the college must notify the Chancellor that such program is being implemented and the date the new program is to be placed on the official program inventory of the college.

7.3. Three (3) years after the date of implementation of the occupational program, the Council will conduct a post-audit review of the program.

7.4. The Council will request information from the college for the post-audit review that includes, but is not limited to the following:

7.4.a. The goals and objectives of the program and the documented need the program was implemented to meet.

7.4.b. A listing of the courses and the number of credit hours required for each.

7.4.c. Headcount and full-time equivalency (FTE) enrollment and number of graduates for each year the program has been in existence.

7.4.d. Placement rate of graduates and type of employment secured.

7.4.e. The annual total expenditures to deliver the program and source of funding.

7.4.f. Projection of future resource requirements and source of funding. 7.4.g . Total number of full-time and part-time faculty per year to deliver the program.

7.4.h. Listing of course delivery modes.

7.4.i. Listing of advisory committee members and how the advisory committee has been utilized for program improvement.

7.4.j. Program assessment measures that have been developed and implemented.

7.5. After completion of the post-audit review, should there be a recommendation for discontinuance of the program, the Chancellor shall make such recommendation to the Council for action.

W. Va. Code R. § 135-37-8 Reporting

8.1. Each community and technical college will report annually to the Chancellor on the progress made in: (1) increasing the use of technology in the delivery of courses, (2) delivery of curricula utilizing modules, and (3) reaching the goal of the number of faculty tenured or in tenure-track positions to twenty percent (20%).

8.2. Reports will be completed on forms provided by the Chancellor.

135CSR37

Series 38 Employee Leave

W. Va. Code R. § 135-38-1 General

1.1. Scope. -- Rule regarding annual leave, military leave, leave of absence without pay, sick leave, special emergency leave, catastrophic leave, parental leave, and witness and jury leave for employees of the Council for Community and Technical College Education.

1.2. Authority. -- W. Va. Code §18B-2B-6.

1.3. Filing Date. -- November 14, 2005.

1.4. Effective Date. -- December 14, 2005.

W. Va. Code R. § 135-38-2 General Leave Coverage

2.1. Eligibility for annual and sick leave shall be based on the following:

2.1.1. Employees working on a regular and continuing basis for no less than 1950 hours within a twelve (12) consecutive month period are considered to be full-time employees and are eligible for leave as specified in this document.

2.1.2. Employees working between 1,040 hours and less than 1,950 on a regular and continuing basis during a twelve (12) consecutive month period shall accumulate leave on a pro rata basis.

2.1.3. Employees working less than 1,040 hours are not eligible for leave benefits.

2.2. Faculty members on twelve-month appointments are defined as full-time employees and accrue leave according to the appropriate sections of this rule. The provisions of this rule related to annual leave, sick leave, catastrophic leave, special emergency leave, and managing work time in areas affected by interruption to utility or similar situations do not apply to faculty members on annual appointments of less than twelve months.

2.3. Annual and sick leave may not be taken before it is accrued. If an employee works less than a full month, annual and sick leave shall be accumulated on a pro rata basis.

2.4. During a terminal leave period, no type of leave may be accrued. Terminal leave is the period following the last day of scheduled work from employment such as resignation, retirement, etc.

2.5. Length of service shall be total years of service which includes experience with state institutions of higher education and other state agencies. Continuous service is not required to complete the required term. Annual appointment periods of nine (9) months or more shall be credited for one (1) year of service for annual leave calculation purposes.

2.6. A recognized institutional holiday occurring during an employee's leave period shall not be considered as a day of leave, provided the employee is not in a terminal leave period.

2.7. Up to fifteen (15) days of annual leave may be transferred from other agencies of state government and state higher education institutions to other higher education institutions. Certification of the balance which existed in the agency or institution from which the employee is transferring must accompany the request for transfer and bear the signature of an officer of that agency. A request for transfer must be made within one (1) year from the last day of employment with the other agency or institution.

2.8. When an employee transfers from other agencies of state government or from other state institutions of higher education to another institution, the employee's accumulated sick leave may be transferred. Written verification of the accumulated amount of sick leave to be transferred must be provided by the state agency or institution of higher education wherein the employee accumulated the sick leave within one (1) year of the date of employment with the institution.

2.9. An employee is required to notify her/his supervisor immediately if ill or unable to work for any reason and to follow the institution's established procedures for absences from work. The notification shall be given to the immediate supervisor or designee, as determined by established procedures of the institution.

2.10. Employees on leave of absence without pay shall not accrue annual or sick leave or years of service credit for any and all full months in which they are off the payroll.

2.11. Each institution shall keep on file a record showing current leave status of each employee.

W. Va. Code R. § 135-38-3 Annual Leave

3.1. Full-time non-classified employees and faculty with twelve-month appointments shall be eligible for up to twenty-four (24) days leave per year calculated at the rate of 2.00 days per month from the date of employment. However, upon leaving a non-classified position, the accumulation rates outlined in Section 3.2 shall apply.

3.2. Employees occupying full-time classified positions shall be eligible for annual leave on the following basis:

3.2.1. Less than 5 years' service: 1.25 days per month;

3.2.2. 5 but less than 10 years' service: 1.50 days per month;

3.2.3. 10 but less than 15 years' service: 1.75 days per month;

3.2.4. 15 or more years' service: 2.00 days per month.

3.3. Employees working at least 1,040 hours per twelve (12) consecutive months on a regular and continuing basis, but less than 1,950 hours shall accumulate annual leave on a pro rata basis.

3.4. Accumulated annual leave for continuing employees may be extended beyond that earned during a period of one (1) year by written approval of the president or her/his designee, but in no case shall it exceed twice the amount earned in any twelve-month period.

3.5. An employee is entitled to accumulated leave at termination of service, but in no case may this exceed the limits set in 3.4 above.

W. Va. Code R. § 135-38-4 Other Conditions for Annual Leave

4.1. At the request of the employee through established procedures, annual leave may be granted because of illness.

4.2. The work requirements of the institution shall take priority over the scheduling of annual leave or other leave for an employee. When operationally possible, the supervisor shall grant earned annual leave at the convenience of the employee. However, departmental needs must be met, and annual leave may not be taken without prior request and approval of the employee's supervisor.

4.3. In the event of an employee's death, the value of accumulated annual leave will be paid to the employee's estate.

W. Va. Code R. § 135-38-5 Sick and Emergency Leave

5.1. Full-time employees shall accumulate sick leave at the rate of 1.5 days per month. All other employees shall accumulate sick leave in accordance with Section 2.1 of this rule.

5.2. Sick leave may be accumulated without limit.

5.3. Sick leave may be used by the employee when ill or injured or when in need of medical attention or when death occurs in the immediate family.

5.4. An employee may use sick leave for a member of the immediate family who is ill, injured, or in need of medical attention. Immediate family is defined as: father, mother, son, daughter, brother, sister, husband, wife, mother-in- law, father-in-law, son-in-law, daughter-in-law, grandmother, grandfather, granddaughter, grandson, stepmother, stepfather, step children, or others considered to be members of the household and living under the same roof.

5.5. Sick leave for more than five (5) consecutive days shall not be granted to an employee for illness without satisfactory proof of illness or injury, as evidenced by a statement of the attending physician or by other proof satisfactory to the institution. An employee having an extended illness or serious injury shall, before returning to duty, obtain satisfactory medical clearance to help ensure adequate protection and shall indicate the employee's ability to perform her/his duties. Such medical clearance shall be presented in writing.

5.6. The institution may require evidence from an employee for verification of an illness or other causes for which leave may be granted under this rule, regardless of the duration of the leave.

5.7. In cases, except those involving catastrophic sick leave as defined in Section 8.1, where all accumulated sick leave has been used and annual leave is available, it shall be the option of an employee either to use any accumulated annual leave until it has also expired, rather than being removed from the payroll, or to retain the accumulated annual leave for use after return to work, but be taken off the payroll immediately after the accumulated sick leave has expired.

5.8. On-the-job injuries or occupational illnesses which involve no more than three (3) days of disability leave or absence from work shall not be charged against the employee's accumulated sick leave as long as they are the next three (3) consecutive working days after injury or illness occurred. If on-the-job injuries or illnesses require a leave beyond the three-day period, it shall be the option of the employee either to use earned and accumulated sick and annual leave until both may be exhausted or to reserve for future use any earned and accumulated sick and annual leave and receive only Workers' Compensation benefits for which adjudged eligible.

5.9. Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom shall be, for all job-related purposes, temporary disabilities and shall be treated the same as any other illness or disability would be treated for sick leave entitlement. For this reason, employees shall be entitled to sick leave for their disabilities related to pregnancy and childbirth on the same terms and conditions as they or other employees would be entitled for other illnesses and disabilities. In determining whether an employee is unable to work because of a disability related to pregnancy or childbirth, the same criteria shall be used as would be used in the case of another type of illness or disability.

5.10. Sick leave provisions are contingent upon continued employment. When the services of an employee have terminated, all sick leave credited to the employee shall be considered cancelled as of the last working day with the institution, and no reimbursement shall be provided for unused sick leave except in the event of retirement, in which case sick leave may be converted to insurance coverage or for provisions lawfully provided for at that time. Employees who resign in good standing and are later reemployed may have their total accumulated sick leave reinstated, provided the date of termination is one (1) year or less from the date of reemployment. However, if the employee returns to work after more than one (1) year from the date of termination, no more than 30 days of accumulated sick leave may be reinstated.

W. Va. Code R. § 135-38-6 Medical leave of Absence Without Pay

6.1. Any employee requesting a medical leave of absence without pay must provide the institutional president or the president's designee, through established procedures, with satisfactory medical evidence (such as a statement from the attending physician) that he/she is unable to work. The medical statement shall include a diagnosis, prognosis, and expected date that the employee can return to work. If the evidence is satisfactory, the president or her/his designee may authorize a medical leave of absence without pay only for the period of disability specified by the attending physician.

6.2. The employee shall be expected to report to work on the first workday following expiration of the disability period. Failure of the employee to report promptly at the expiration of a medical leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment by the institution. An employee, prior to return to duty, shall obtain satisfactory medical clearance to help ensure adequate protection and which shall indicate the employee's ability to perform her/his duties. Such medical clearance shall be presented in writing.

6.3. A medical leave of absence without pay may be granted for no more than a twelve (12) consecutive month period. Employees who may need an extended medical leave beyond twelve (12) consecutive months may apply for an extension through institutional procedures or may consider other options, such as disability.

6.4. After an employee has taken a twelve-month medical leave, the institution shall continue group health insurance coverage provided that the employee pays the institution the full premium cost of such group health plan.

6.5. Any employee who is separated from employment following a medical leave of absence of twelve (12) consecutive months and who had chosen to maintain her/his accumulated annual leave will receive payment for such accumulated annual leave in a lump sum payment.

W. Va. Code R. § 135-38-7 Parental Leave

7.1. A full-time employee who has worked at least twelve (12) consecutive weeks for the state may request up to twelve (12) weeks unpaid parental leave.

7.2. The request must be due to birth or adoption by the employee or because of a planned medical treatment or care for the employee's spouse, son, daughter, parent, or dependent who has a serious health condition.

7.3. The employee must provide her/his supervisor with written notice two (2) weeks prior to the expected birth or adoption; or for the medical treatment; or for the supervision of a dependent. Failure to submit a written request may be cause for denial.

7.4. The employee must provide the employer with certification by the treating physician and/or documentation regarding dependency status.

7.5. All annual leave must be exhausted before the parental leave begins. No more than a total of twelve (12) weeks of parental leave may be taken in any twelve (12) consecutive month period.

7.6. During the parental leave by an employee, the institution shall continue group health insurance coverage provided that the employee pays the employer the full premium cost of such group health plan.

7.7. The position held by the employee immediately before the leave is commenced shall be held for a period not to exceed the twelve-week period of the parental leave and the employee shall be returned to that position. However, the institution may employ a temporary employee to fill the position for the period of the parental leave.

W. Va. Code R. § 135-38-8 Catastrophic Leave

8.1. Catastrophic leave is provided for employees and a catastrophic illness is defined as: a medically verified illness or injury which is expected to incapacitate the employee and which creates a financial hardship because the employee has exhausted all leave and other paid time off. Catastrophic illness or injury shall also include an incapacitated immediate family member if this results in the employee being required to take time off from work to care for the family member and the employee has exhausted all leave and other paid time off.

8.2. Each institutional president and the Chancellor of the Council for Community and Technical College Education will have the option to establish a leave bank and/or a procedure for direct transfer of sick or annual leave to an employee who has requested and been approved to receive leave donations due to a catastrophic illness or injury. The institution may develop procedures which limit the amount of deposits an employee may make in any twelve (12) continuous month period.

8.3. A catastrophic leave bank provides for the deposit of sick and annual leave into a "bank" from which employees approved for catastrophic leave may withdraw leave.

8.4. A direct transfer provides for sick and annual leave to be donated at the request of the employee upon appropriate medical verification that the individual is unable to work due to the catastrophic illness or injury as determined by the president of the institution or the Chancellor of the Council for Community and Technical College Education.

8.4.1. Upon approval for an employee to receive direct transfer of catastrophic leave, any employee may, upon written notice to the human resources department, donate sick and/or annual leave in one-day increments. No employee shall be compelled to donate sick leave. Any leave donated by an employee, but not used by the employee to whom it was donated, shall be returned to the donating employee and reflected in her/his leave balance.

8.5. An employee receiving the transfer of leave shall have any time which is donated credited to such employee's leave record in one-day increments and reflected as a day-for-day addition to the leave balance of the receiving employee. The leave record of the donating employee shall have the donated leave reflected as a day-for-day reduction of the leave balance.

8.6. Use of donated credits may not exceed a maximum of twelve (12) continuous calendar months for any one catastrophic illness or injury. The total amount of leave received by transfer or withdrawn from a bank may not exceed an amount sufficient to ensure the continuance of regular compensation and shall not be used to extend insurance coverage pursuant to Section 13, Article 16, Chapter 5 of the Code, which relates to insurance coverage for state employees. The employee receiving donations of leave shall use any leave personally accrued on a monthly basis prior to receiving additional donated leave.

8.7. Direct transfer of leave or deposits into a leave bank may be inter- institutional. The president or her/his designee shall notify in writing other institutional presidents requesting that the institution consider the transfer of leave by either the direct transfer method or from the institution's leave bank. Upon approval of the receiving president, transfer leave will be made through appropriate institutional procedures.

8.8. Each institution and the higher education policy commission office on behalf of the Council for Community and Technical College Education shall be responsible for the administration of catastrophic leave and shall develop and disseminate procedures for the administration of this policy.

W. Va. Code R. § 135-38-9 Personal Leave of Absence Without Pay

9.1. An employee, upon application in writing and upon written approval by the institutional president or her/his designee, may be granted a continuous leave of absence without pay for a period of time not to exceed twelve (12) consecutive months provided all accrued annual leave has been exhausted.

9.2. The president or the president's designee, at her/his discretion, may require the written approval of the supervisor before accepting the written application of an employee for a leave of absence without pay.

9.3. The president or the president's designee, at her/his discretion, shall determine if the purpose for which such a leave is requested is proper and within sound administrative policy.

9.4. At the expiration of leave of absence without pay, the employee shall be reinstated without loss of any rights, unless the position is no longer available due to a reduction in staff caused by curtailment of funds or a reduced workload. Failure of the employee to report promptly at the expiration of a leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment by the institution.

9.5. During a personal leave, the institution shall continue group health insurance coverage provided that the employee pays the employer the full premium costs of such group health plan.

W. Va. Code R. § 135-38-10 Military Leave

10.1. An employee who is a member of the National Guard or any reserve component of the armed forces of the United States shall be entitled to and shall receive a leave of absence without loss of pay, status, or efficiency rating, for all days in which engaged in drills or parades ordered by proper authority, or for field training or active service for a maximum period of thirty (30) working days ordered or authorized under provisions of state law in any one (1) calendar year. The term "without loss of pay" shall mean that the employee shall continue to receive normal salary or compensation, notwithstanding the fact that such employee may receive other compensation from federal sources during the same period. Furthermore, such leave of absence shall be considered as time worked in computing seniority, eligibility for salary increased, and experience with the institution. An employee shall be required to submit an order or statement in writing from the appropriate military officer in support of the request for such military leave.

10.2. Benefits of this section shall accrue to individuals ordered or called to active duty by the President of the United States for thirty (30) working days after they report for active service.

W. Va. Code R. § 135-38-11 Special Emergency Leave With Pay

11.1. Special emergency leave with pay may be granted by the president of the institution or her/his designee to full-time employees in the event of extreme misfortune to the employee or the immediate family. The leave should be the minimum necessary, and in no case may it exceed five (5) days within any twelve (12) consecutive month period. Typical events which may qualify an employee for such leave are fire, flood, or other events (other than personal illness or injury or serious illness or death in the immediate family) of a nature requiring emergency attention by the employee.

W. Va. Code R. § 135-38-12 Witness and Jury Leave

12.1. Upon application in writing, an employee of the a higher education institution or the Council for Community and Technical College Education may be granted leave as indicated hereinafter in this section provided the employee is not a party to the action. Annual leave will not be charged under the provisions of this section.

12.2. When, in obedience to a subpoena or direction by proper authority, an employee appears as a witness for the Federal Government, the State of West Virginia, or a political subdivision thereof, the employee shall be entitled to leave with pay for such duty and for such period of required absence.

12.3. When attendance in a court is in connection with an employee's usual official duties, time required in going and returning shall not be considered as absence from duty.

12.4. When an employee serves upon a jury, or is subpoenaed in litigation, the employee shall be entitled to leave with pay for such duty and for such period of required absence.

12.5. The employee shall report to work if he/she is excused by the court before the end of her/his regular work day. Provisions for employees who work a shift other than day shift shall be made according to institutional policy.

W. Va. Code R. § 135-38-13 Managing Work Time in Areas Affected by Interruption to Utility Service or Similar Situations

13.1. Utility Service Interruptions - When extended power and utility service interruptions occur, administrators should make arrangements for employees' usual work routine to be accomplished at alternate work locations, or make affected employees available to other administrators for work in other areas. Also, if an administrator deems it advisable and the employee agrees, time off during the utility service interruption may be granted and charged against an employee's accumulated annual leave. Combinations of the above alternatives may be necessary, but in all cases interruptions of work schedules must be dealt with in accordance with applicable laws, including West Virginia Code 12-3-13. This law is interpreted to mean that if pay is associated with the absence from work, the absence must be charged to accumulated annual leave.

13.2. Emergency Situations - In the event that an emergency exists, the president, in conjunction with local or state public safety officials, has the authority to comply with the emergency situation and close the institution. Such a declaration will be transmitted to the chancellor of the Council for Community and Technical College Education. The president, working with public safety officials, will determine when the emergency condition no longer exists. Should an employee be required to work by the president or her/his designee during a declared emergency, the time worked shall be compensated according to the provisions of Series 8. Work time lost by any employee during a declared emergency will be considered regular work time for pay purposes and will not require that the time be charged to annual leave nor will there be a requirement that the time be made up.

13.3. Absences from work due to weather conditions other than during a declared emergency must be charged against accumulated annual leave, accumulated compensatory time, or the employee must be removed from the payroll for the time in question. Where institutions employ the "floating holiday" concept, the holiday record may be charged. Sick leave may not be charged for absence due to weather. Time lost from work may be made up in the same work week at the discretion of the employee's supervisor.

135CSR38

135CSR38

135CSR38

135CSR38

Series 40 Equal Opportunity

W. Va. Code R. § 135-40-1 General

1.1. Scope. -- This rule establishes an equal opportunity policy.

1.2. Authority. -- West Virginia Code §18B-1-6 and §18B-1B-5.

1.3. Filing Date. -- July 18, 2025

1.4. Effective Date. -- August 18, 2025

W. Va. Code R. § 135-40-2 General Policy

2.1. It shall be the policy of the West Virginia Council for Community and Technical College Education (Council) to provide equal employment opportunities to all qualified employees and applicants and to prohibit discrimination or harassment against any such individuals on the basis of protected characteristics. The Council considers race, color, religion, sex, national origin, age, disability, genetic information, and veteran or military status as protected characteristics and will not permit discrimination or harassment against any employee or applicant for employment on the basis of any such characteristic. The Council will conform both to the letter and the spirit of the law and regulations with respect to prohibiting any such discrimination or harassment and will encourage and support equal employment opportunity to ensure that institutions employ, advance in employment and treat all qualified persons without discrimination in any employment practices.

2.2. The scope of this policy prohibiting discrimination and harassment extends, but is not limited to, the following: recruitment, employment, promotion, transfer, training, working conditions, wage and salary administration, benefits, discipline, promotion, transfer, layoff, termination processes, and the application of all other employment-related policies. These principles of non-discrimination and anti-harassment also apply to the selection and treatment of independent contractors, personnel working on Council premises, and any other persons or firms doing business with the Council.

W. Va. Code R. § 135-40-3 Institutional Responsibility

3.1. Under the Council’s additional authority to allocate specified functions and responsibilities among the institutions within the jurisdiction of the Council, each institution shall accept primary and long-term responsibility for the development and implementation of equal employment opportunity policies consistent with the Council’s guidance and all applicable laws and regulations.

3.2. Each institution and the Council shall take the initiative in developing or modifying its own plans to achieve compliance with the equal employment opportunity policies of the Council as well as those of the state and federal governments. The president of each institution shall, through appropriate means, establish and maintain a positive program of equal employment opportunity within their jurisdiction in accordance with all laws and regulations applicable to the institution. The equal employment opportunity goals of the institution must be integrated into and consistent with other performance goals of the institution.

135CSR40

Series 44 Policy Regarding Action To be Taken On Audit Reports

W. Va. Code R. § 135-44-1 General

1.1. Scope. -- This rule establishes the procedure for discover of illegal use or shortage of funds.

1.2. Authority. -- W. Va. Code §18B-2B-6.

1.3. Filing Date. -- August 26, 2005.

1.4. Effective Date. -- September 30, 2005.

W. Va. Code R. § 135-44-2 Procedure

2.1. Immediately upon receipt of any audit report which suggests or indicates the illegal use or shortage of funds in any account associated in any manner with an institution or element of the state system of higher education, the Council for Community and Technical College Education will submit the audit report to the Attorney General of West Virginia with the request that he/she take such action as he/she deems appropriate and to the prosecuting attorney of the county in which the institution or the element is located.

135CSR44

135CSR44

Series 45 Community And Technical College Faculty Instructional Load

W. Va. Code R. § 135-45-1 General

1.1. Scope. -- Rule establishing guidelines for community and technical colleges to utilize in developing a policy on faculty instructional loads.

1.2. Authority. -- West Virginia Code §18B-2B-6.

1.3. Filing Date. -- November 4, 2015.

1.4. Effective. -- April 5, 2004.

W. Va. Code R. § 135-45-2 Establishment of Guidelines

2.1. The provisions of this section shall apply only to the establishment of a faculty instructional load policy at public, higher education institutions within the Community and Technical College System of West Virginia.

To facilitate the development of a policy at each community and technical college, the institution will submit the established policy to the WV Council for Community and Technical College Education for review and approval.

W. Va. Code R. § 135-45-3 Faculty Workload Guidelines

3.1. Faculty is employed to perform instructional and other instructional related duties that meet the needs of the institution and the students it serves. The full-time instructional load for community and technical college faculty in West Virginia is to be fifteen credit hours or the equivalent per semester.

3.2. It is the responsibility of the president of the community and technical college, in consultation with faculty, to submit a faculty instructional load policy to the WV Council for Community and Technical College Education that reflects a faculty instructional load of fifteen credit hours or the equivalent per semester.

3.3. A faculty instructional load may consist of credit and non-credit instruction as part of the primary instructional load.

3.4. It is the responsibility of the president or provost to set equivalency rules for faculty instructional loads by determining how laboratory instruction, unusual instructional situations and other modes of direct instructional contact will be counted toward determining instructional loads.

3.5. When establishing an instructional load policy, consideration should be given to, among other issues, the following:

3.5.a. Types of courses, i.e. Lecture, laboratory, clinics.

3.5.b. Total contact hours per semester.

3.5.c. Section size.

3.5.d. Class preparation.

3.5.e. Coordinator and administrative equivalencies.

3.5.f. Programmatic accreditation requirements.

3.5.g. Summer school instructional load.

3.5.h. Instructional load equivalences unique to the individual institutions.

3.5.i. Geographic location of course delivery.

135CSR45

Series 52 Annual Reauthorization of Degree-Granting Institutions

W. Va. Code R. § 135-52-1 General

1.1. Scope. -- This rule establishes the policy regarding annual reauthorization of degree-granting institutions which offer degrees not above the associate level.

1.2. Authority. -- W. Va. Code §18B-4-7.

1.3. Filing Date. -- March 20, 2023.

1.4. Effective Date. -- April 20, 2023.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect April 20, 2028.

W. Va. Code R. § 135-52-2 Purpose

2.1. The West Virginia Council for Community and Technical College Education (Council), through a process of granting authorization and annual reauthorization of education institutions operating in West Virginia that provide instruction up to and including the associate degree level, has the responsibility of protecting consumers and ensuring students are offered quality education by postsecondary providers within West Virginia. An institution authorized by the Council is required to operate in accordance with fair consumer practices to ensure that students can make appropriate decisions concerning their investment of time and money.

2.2. Fair consumer practices means honesty, fairness, and disclosure to students in the areas of recruitment, admission, contractual agreements, student financial assistance, obligations to repay student loans, placement assistance and job placement rates, advertising, refund policies, the meaning and recognition of different types of accreditation, the transferability of the institution’s credits to other postsecondary institutions, the offering of quality instructional programs, and other appropriate performance measures.

2.3. Authorization is required for all postsecondary providers that offer certificates, degrees, or instruction at the associate degree level or below, and entities that use the term “academy,” “college,” “institution,” “university” or similar title, hereafter referred to as “institution,” unless otherwise exempt.

2.4. The Council is responsible for the annual reauthorization of any private, proprietary, or out-of-state postsecondary institution that has physical presence in West Virginia and offers degree programs at or below the associate degree level. The process of conferring reauthorization by the Council includes the monitoring of standards for degrees awarded, the collection and dissemination of pertinent institutional data, the conduct of certain reviews and audits, and the imposition of certain sanctions including revocation of degree-granting authority.

2.5. Existing institutions of higher education authorized to operate in West Virginia prior to the effective date of this rule are subject to the reauthorization provisions of this rule and shall report annually to the Council on all items related to reauthorization prescribed in this rule.

2.6. The provisions of this rule apply to the annual reauthorization of any private institution in West Virginia which offers degrees at or below the associate level.

2.7. The Council shall make available information on institutional performance of all public institutions located in West Virginia on the Council’s website and through other appropriate venues.

2.8. West Virginia’s public community and technical colleges shall remain continuously authorized to operate unless the Legislature takes affirmative action to suspend or discontinue its operations; Provided, That such public community and technical colleges shall provide information delineated in Section 5.4 to the Council upon request or as needed for reporting purposes.

W. Va. Code R. § 135-52-3 Definitions

3.1. “Accreditation” means a review of the quality of higher education institutions and programs to ensure that such institutions meet acceptable levels of quality, which is attained by the institution through meeting standards set by a nongovernmental entity (i.e., an accrediting organization recognized by the U.S. Department of Education) as well as federal and State government agencies authorized to set such standards.

3.2. “Authorization” means the status attained by the institution that allows the institution to offer postsecondary programs and courses within the State of West Virginia. This status is granted by the Council for Community and Technical College Education when the institution demonstrates compliance with the requirements for such status.

3.3. “Chancellor” means the Chancellor for Higher Education as that term is defined by W. Va. Code § 18B-2-1 or his or her designee.

3.4. "Commission" means the West Virginia Higher Education Policy Commission.

3.5. “Council” means the West Virginia Council for Community and Technical College Education.

3.6. "Degree" means any earned award conferred by a higher education institution which represents satisfactory completion of the requirements of a program at the associate level.

3.7. "Institution" means any person, firm, corporation, association, agency, institute, trust or other entity of any nature whatsoever offering education beyond the secondary level which:

3.7.1. offers courses or programs of study or instruction which lead to or which may reasonably be understood to be applicable toward an associate or other specialized certification/degree designation at or below the associate level; or

3.7.2. operates a facility as a college or university or other entity in the State of West Virginia which offers degrees or other indicia of a level of educational attainment beyond the secondary school level; or

3.7.3. uses the term "college" or "university," or words of like meaning, in its name or in any manner in connection with its academic affairs or business.

3.8. “Physical presence” means an actual presence in the state, online or on-site, for the purpose of conducting activity related to: a postsecondary educational institution; educational service; dissemination of educational credentials; enrollment, solicitation or advertising. Physical presence shall include but not be limited to:

3.8.1. An instructional site within the state.

3.8.2. Dissemination of an educational credential from a location within the state.

3.8.3. An agent, whether compensated or not, who is utilized for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or performing any other activity on behalf of the sponsoring institution.

3.8.4. Advertising, promotional material or public solicitation in any form that targets West Virginia residents through distribution or advertising in the state.

3.8.5. Instructional delivery that receives assistance from any other organization within the state in that delivery.

3.8.6. Clinical experiences, internships, or other similar curricular requirement.

Activities exempt from this definition include: online instructors residing in West Virginia but having no direct, in-person contact with students and individuals participating in college fairs coordinated by the Council or West Virginia local school districts.

3.9. “Reauthorization” is the process by which an institution annually renews its status as an institution authorized to offer programs and courses in West Virginia. This status is granted by the Council when the institution demonstrates compliance with the requirements for such status.

3.10. “Religious, theological, or faith–based institution” means a postsecondary institution that offers no degree programs other than those specifically related to the institution’s doctrine. Institutions that offer general degree programs cannot be exempted by this rule as religious, theological, or faith-based.

W. Va. Code R. § 135-52-4 Exemptions

4.1. Institutional exemption is subject to annual review and/or revocation any time the activity deviates from the original determination factors for exemption. An institution which claims to be exempt under the provisions of this section must submit such information as may be required by the Council to determine whether the institution is exempt from reauthorization.

4.2. Any institution fully authorized to operate in West Virginia prior to the effective date of this rule is subject to the provisions of this rule pertaining to reauthorization.

4.3. The following institutions shall be exempt from the provision of this rule:

4.3.1. Out-of-state institutions:

4.3.1.a. offering courses through brokering or other collaborative arrangements with a West Virginia public institution of higher education and which support programmatic offerings of the state institution;

4.3.1.b. offering a short course or seminar in which the instruction for the segment takes no more than twenty classroom hours, and is not for college credit;

4.3.1.c. offering courses or programs on a military installation solely for military personnel or civilians employed on such installation;

4.3.1.d. offering courses or programs at a location in West Virginia by the authority of the Council for a designated period of time; or

4.3.1.e. offering online courses or programs with Council approval for a specified period of time.

4.3.2. Non-Degree granting institutions whose programs are designed primarily for job entry or upgrading of skills and are described in clock (contact) hours. These programs typically prepare individuals for employment and do not require courses beyond those specific to the job or its field with program length sufficient to effect outcomes.

4.3.3. A religious, theological, or faith-based institution which meets the criteria for exemption outlined in 135 C.S.R. 20, Initial Authorization of Degree-Granting Institutions, and offers no degree programs other than those specifically related to the institution’s doctrine.

W. Va. Code R. § 135-52-5 Annual Reauthorization

5.1. All institutions authorized by the Council at the associates level must annually submit a reauthorization application report in a format prescribed by the Chancellor. The annual reauthorization year will be from July 1 through June 30, with the 2012-2013 year being the initial reporting year. The annual application is due each November 1 and must be accompanied by an annual fee as provided in section 9 of this rule.

5.2. Reauthorization applications postmarked after November 1 or other due date will be assessed a late renewal fee as prescribed in section 9 of this rule.

5.3. Upon request by the Council, authorized institutions must provide documentation necessary to assess the performance of the institution.

5.4. The reauthorization application shall include the following:

5.4.1. Name and address of the institution of higher education.

5.4.2. Chief executive officer’s name, title, address, phone number, and email address.

5.4.3. Institutional liaison’s name, title, address, phone number, and email address.

5.4.4. Verification of current accreditation status and copy of latest annual Higher Learning Commission Institutional Update Report or other USDE-recognized regional accrediting agency.

5.4.5. Full and part-time student enrollments of resident and non-resident students for each term and/or period of instruction during the most recent reporting year.

5.4.6. A current schedule of fees and charges for tuition.

5.4.7. First to second year retention rates for first-time, full-time certificate and degree-seeking students for the most recent year.

5.4.8. Graduation rates for undergraduate degree-seeking first-time, full-time students for the most recent graduating three-year cohort year.

5.4.9. Licensure pass rates for completion of all professional programs, e.g., allied health, for the most recent year.

5.4.10. A plan for the retention, custody, and retrieval of student records, including but not limited to academic transcripts, financial aid documents, international student forms, and tax information, in the event of closure of the institution or discontinuance of service. The plan shall include a method by which students and alumni of the institution will be able to retrieve such records upon request; and

5.4.11. Any additional information or data as deemed necessary.

5.5. The Council shall provide definitions of requested data elements. When appropriate, prior data submissions may be utilized to fulfill specific data requirements. Guidance will be provided by Council staff.

5.6. Upon receipt of the annual reauthorization application, Council staff review the submitted documentation and render a recommendation to the Council. The Chancellor may convene a compliance review committee to evaluate unique circumstances or possible issues associated with an institution’s reauthorization application. The committee will analyze the information and advise the Chancellor regarding future action. The committee may be composed of:

5.6.1. Persons who are qualified by academic training or professional experience to verify the institution’s compliance with Council standards for authorization.

5.6.2. Persons who are representative of both public and private institutions.

5.6.3. Members of the Council staff.

5.6.4. Any other person(s) deemed necessary by the Chancellor.

5.7. Upon review of documentation the Chancellor shall recommend to the Council that institutions that are found to be in compliance with generally accepted parameters of operation be reauthorized.

5.8. If, after review of required documentation, Council staff find that the institution is not in compliance with generally accepted parameters of operation, the Chancellor may request additional documentation for review.

5.9. Each institution shall provide all information the Chancellor considers necessary to assess the performance of the institution and determine whether the institution continues to meet the minimum standards for conferring certificates and degrees.

5.9.1. Program information.

5.9.1.a. A list of current degree and certificate programs offered in West Virginia by the institution.

5.9.1.b. Results of any external degree program evaluation during the last year, if any.

5.9.1.c. A list of any degree or certificate programs that have ceased to be offered during the previous year.

5.9.2. Financial information.

5.9.2.a. The latest financial statement for the most recent fiscal year compiled or audited by an independent certified public accountant, including any management letters provided by the independent auditor.

5.9.3. Student information.

5.9.3.a. A current schedule of fees, charges for tuition, required supplies, student activities, and all other student charges.

5.9.3.b. The institution’s policy about tuition and fee refunds and adjustments for the initial reporting year, and changes only for reporting in subsequent years.

5.9.4. The Council shall provide definitions of requested data elements. When appropriate, prior data submissions may be utilized to fulfill specific data requirements. Guidance will be provided by Council staff.

5.10. On-site review.

5.10.1. The Council staff, at the Chancellor’s discretion, may conduct on-site reviews to assess institutional compliance with the minimum standards for conferring degrees as outlined in 135 C.S.R. 20, Initial Authorization for Degree-Granting Institutions. The Council staff may evaluate maintenance of adequate academic and performance standards, conduct financial audits, or require the institution to perform such audits and provide detailed data as necessary to render a thorough and comprehensive assessment. When possible, the visit will be scheduled at a time which is mutually convenient to the institution and Council staff. The institution shall pay the reasonable expenses associated with the compliance review visit.

5.10.2. Following review of submitted documentation and any requisite site visit, the Council staff will prepare an analysis of the findings.

5.10.3. Council staff will provide a draft of its report prepared in accordance with this section to the institution for correction of factual errors and comment. The institution may provide the Council a response to the report within ten (10) working days of receipt of the report. The institutional comments will be included with the Chancellor’s recommendation presented to the Council.

5.10.4. The Chancellor will develop a recommendation for the Council regarding the institutional reauthorization application. Only those institutions which meet generally accepted higher education state standards of quality will be recommended for reauthorization.

5.10.5. If the Chancellor finds that an institution does not meet the generally accepted higher education state standards of quality the Chancellor will recommend to the Council that it deny reauthorization of the institution. Once reauthorization is denied, the institution is subject to the authorization requirements, process and review in 135 C.S.R. 20, Initial Authorization of Degree-Granting Institutions, in order to seek authorization to operate within West Virginia.

5.10.6. An institution submitting an annual reauthorization report determined by the Council as meeting the standards for reauthorization shall retain its authorized status for the following year.

W. Va. Code R. § 135-52-6 [Reserved]

W. Va. Code R. § 135-52-7 Dissemination of Institutional Information

7.1. The Council shall make available to the public, information on matters of institutional performance that are not confidential and not restricted by federal or state laws or regulations. Such information may be posted on the Council’s website or disseminated through other appropriate venues.

7.2. The Council office shall maintain a list of institutions authorized to grant certificates and degrees and shall make such list available to the public.

W. Va. Code R. § 135-52-8 Change of Ownership and Control

8.1. Authorization of an institution terminates when a change in ownership or control of the institution changes from that indicated on the institution’s most recent reauthorization application unless the institution files an application within ten (10) business days after the change of ownership or control. Such institution shall submit an application reflecting the change in ownership and control and an application fee of $500.

8.1.1. If an institution files an application requesting approval of a change of ownership and control more than ten (10) business days after such change takes effect, the authorization terminates and such an application will be considered as an application for authorization and the institution shall pay the fees specified in 135 C.S.R. 20, Initial Authorization for Degree-Granting Institutions.

8.1.2. An authorized institution shall notify the Council of any anticipated change in or control at least thirty (30) days prior to the change in ownership and control.

W. Va. Code R. § 135-52-9 Reauthorization Fees

9.1. A non-refundable fee of $500 shall accompany the submission of the annual application report for reauthorization.

9.2. Failure to file the annual report or to pay the report fee shall be sufficient grounds for denial of reauthorization, suspension, or revocation of degree granting authority. An institution filing a report that is postmarked after the November 1 due date will be assessed a late fee of $300.

9.3. The annual fee and annual report requirements shall be applicable for all years of authorization through the Council.

9.4. Public institutions located in West Virginia are exempt from the requirement of payment of reauthorization fees as provided in this section.

W. Va. Code R. § 135-52-10 Sanctions and Termination of State Authorization

10.1. Intermediate sanctions.

10.1.1. If an institution fails to comply with the provisions for reauthorization in this rule, the Council may progressively impose one or more of the following sanctions.

10.1.1.a. Require the submission and implementation of an improvement plan to address or correct problems identified by the Council.

10.1.1.b. Suspend the ability of an institution to enroll students for one or more of the approved programs offered by the institution.

10.1.1.b.1. In addition to the foregoing, the Council may suspend the ability of an institution to enroll future students and deny reauthorization for the next year if any of the following occur:

10.1.1.b.2. The institution fails to provide to the Council an approved teach-out plan within the requisite time after being notified by its accreditor or the Council that it needs to do so;

10.1.1.b.3. The institution continuously fails to provide essential student services in a timely manner, including without limitation processing transcript requests or financial aid; or

10.1.1.b.4. The institution fails to comply with State or federal wage and hour laws or employee compensation contracts or the statutory requirements regarding any required subscription to the Unemployment Compensation Fund or workers’ compensation insurance, the payment of premiums or other charges as required to maintain such coverage, the timely filing of payroll reports, or the maintenance of adequate deposits.

10.2. Termination of state authorization.

10.2.1. An institution shall provide the Council with a copy of any notice of warning, suspension, revocation or other adverse action received from any national or regional accrediting agency within five (5) business days of receipt of such notice. The Council shall terminate the authorization of any institution that fails to fulfill any requirements prescribed by its accreditor within timeframes established by the accreditor.

10.2.2. The Council may for good cause, suspend, withdraw or revoke the authorization of an institution to generate or solicit students within the state, place an institution on probation, order refunds to students, forfeit the institution’s surety bonds, revoke an institution’s degree granting authority, or take any other appropriate action per 135 C.S.R. 20, Initial Authorization of Degree-Granting Institutions.

10.2.3. The Council may terminate state authorization if the institution fails to submit an acceptable annual reauthorization application or an incomplete or unsatisfactory reauthorization application, as determined by Council staff in accordance with the provisions of this rule.

10.2.4. The Council shall revoke the authority of an institution to confer degrees at any time when the institution’s governing body, chief executive officer, or both have done any one or more of the following:

10.2.4.a. Failed to maintain the minimum standards for conferring degrees.

10.2.4.b. Refused or failed to provide information to the Council in a manner and within a reasonable timeframe as established by the Council.

10.2.4.c. Provided false, misleading or incomplete information to the Council.

10.2.5. The Council shall terminate the authorization of an institution authorized as a religious, theological or faith-based college that fails to meet the criteria for a religious institution. The Council shall notify the institution of its action in writing and allow a phase-out period of not more than one additional academic term. The institution may file an appeal to the Council within ten (10) business days of its receipt of the written notice. In the absence of a timely appeal, the termination shall be final.

10.3. Notification to Cease Offering Degrees or Degree Credits If an institution not authorized by the Council offers degrees and/or degree credits in West Virginia the Council shall notify the institution by certified mail that it shall cease immediately to offer degrees and/or degree credits. The Council shall initiate appropriate legal action if the institutions fails to comply.

W. Va. Code R. § 135-52-11 Notification and Deposit of Records Upon Discontinuance of Operations

11.1. If an authorized institution, branch campus, or extension program of an authorized institution discontinues operation in this state, its chief executive officer shall notify the Council of the date of discontinuance and the name and address of the agency where records will be maintained.

11.2. Institutions shall permanently maintain their records so that authorized parties may obtain thereof. Such records shall include but not be limited to information pertaining to the admission of each student and former student and the educational record of each student and former student.

Institutions shall retain financial aid records of each student and former student shall be retained in accordance with state and federal law.

11.3. When an institution decides to cease postsecondary education operations, it must assist students to find alternative means to complete their studies with a minimum of disruption, and inform the Council of the following:

11.3.1. the planned date of termination of postsecondary education operations;

11.3.2. the planned date for the transfer of student records;

11.3.3. The name and address of the organization to receive and hold the student records, if different from the institution itself; and

11.3.4. The official at the organization who the institution has designated as the records custodian to provide official copies of records or transcripts upon request.

11.4. Any institution that fails to comply with the requirements of this section forfeits consideration by the Council of any application for authorization or reauthorization.

W. Va. Code R. § 135-52-12 Notification: Appeals:

12.1. Once the Council has received and verified the accuracy of information constituting any of the grounds for adverse action identified in this rule, the Council shall notify the institution and its owner in writing of its intent to recommend denial or suspension, or revocation of reauthorization or other adverse action and the grounds for such recommendation.

12.1.1. The owner of the institution may, within ten (10) business days of receipt of such notice, request a hearing upon the recommended action. Such hearing, if requested, shall be commenced by the Chancellor within twenty (20) business days of such request at a location designated by the Chancellor.

12.1.2. The hearing shall be conducted by the Chancellor, pursuant to the West Virginia Administrative Procedures Act, W. Va. Code §29A-5-1, et seq.

12.1.3. The Chancellor may continue the hearing at the request of the institution for good cause shown. Continuance shall not be granted as a matter of right.

12.1.4. If the owner or a representative of the institution does not request a hearing within the requisite time period, the recommendation of the Chancellor shall be deemed unchallenged by the institution and reported to the Council for final action.

12.2. During the hearing, the grounds for denial, suspension, withdrawal, or revocation of authorization to operate the institution or other adverse action must be established by a preponderance of the evidence.

12.3. Irrelevant, immaterial, or unduly repetitious evidence may be excluded from the hearing. Formal rules of evidence as applied in civil cases in the circuit courts of this state shall not be applied. When necessary to ascertain facts not reasonably susceptible of proof under those formal rules evidence not admissible there under may be admitted, except where precluded by statute, if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

12.4. The rules of privilege recognized by the law of this state shall be followed.

12.5. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

12.6. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Chancellor; and, may cross-examine witnesses called by the Council in support of the charges.

12.7. The hearing shall be open to the general public.

12.8. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Council’s files. All recorded materials shall be transcribed. The Council shall have the responsibility to make arrangements for the transcription and provision of the reported testimony and evidence to the parties. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

12.9. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

12.10. The Council may call witnesses to testify in support of charges, may present such other evidence to support its position; and, may cross-examine witnesses called by the institution in support of its position.

12.11. All parties shall have the right to offer opening and closing arguments.

12.12. Hearings may be continued or adjourned to a later date or different place by the Chancellor upon by appropriate notice to all parties.

12.13. All motions related to a case set for hearing, except motions for continuance and those made during the hearing, shall be in writing and shall be received in the office of the Chancellor at least ten (10) business days before the hearing. Pre-hearing motions shall be heard at a pre-hearing conference or at the hearing prior to the commencement of testimony.

12.14. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Chancellor.

12.15. At any time prior to the hearing or thereafter, the Chancellor may hold conferences for the following purposes:

12.15.1. To dispose of procedural requests, pre-hearing motions or similar matters;

12.15.2. To simplify or settle issues by consent of the parties; or,

12.15.3. To provide for the informal disposition of cases by stipulation or agreement.

12.16. The Chancellor may cause such conferences to be held on the Council’s own motion or by the request of a party.

12.17. Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this state.

12.18. Any final order entered by the Council following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of West Virginia Code §29A-5-3. Such orders shall be entered within sixty (60) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law unless good cause exists to extend such time or by agreement of the parties.

12.19. Findings of fact and conclusions of law shall be recommended to the Council by the Chancellor and must be approved by a majority of the Council by vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Council shall be served upon the institution and/or its attorney of record, if any, within ten (10) business days after entry by the Council by personal service or by registered or certified mail.

12.20. The final order may suspend, withdraw or revoke the authorization of the institution; place an institution on probation; order refunds to students; order forfeiture of the institution’s surety bond; or order any other action deemed appropriate by the Council.

12.21. All proceedings pursuant to this rule shall be conducted pursuant to and comply with applicable statute, including, but not limited to, West Virginia Code §29A-5-1, et seq.

12.22. Nothing in this rule precludes an institution’s current or former students or current or former employees from pursuing any remedy at law or equity that may be available to them based on the institution’s actions or failures to act in accordance with this rule or any other provision of applicable law.

12.23. Nothing in this rule in any way affects or limits the due process protections or other protections afforded to proprietary schools under either W. Va. Code § 18B-2B-9 or 135 C.S.R. 35, Business, Occupational, and Trade Schools.

135CSR52

Series 55 Human Resources Administration

W. Va. Code R. § 135-55-1 General

Scope. -- This joint rule establishes policy in a number of areas regarding human resources administration for the employees of the West Virginia Council for Community and Technical College Education (Council) and the public higher education institutions in West Virginia under the jurisdiction of the Council. It also provides guidelines for governing boards relative to decisions pertaining to public higher education employees.

The primary responsibility for implementation rests with the Council, in consultation with the West Virginia Higher Education Policy Commission (Commission), who shall provide leadership and assistance to the human resources professionals, presidents and boards of governors of each organization to bring about the changes successfully and to support the human resources function of each organization.

Authority. -- W. Va. Code §18B-1B-6, §18B-4-2a, §18B-7, §18B-8, §18B-9A and §18B-9B.

Filing Date. -- March 20, 2023.

Effective Date. -- April 20, 2023.

Sunset Date. -- This rule shall terminate and have no further force or effect on April 20, 2028.

W. Va. Code R. § 135-55-2 Purpose

2.1. The intent of this rule is to establish human resources policies applicable to public higher education capable of, but not limited to, meeting or assisting the governing boards in the following objectives.

2.1.1. Implementing contemporary programs and practices to reward and incentivize performance and enhance employee engagement;

2.1.2. Providing benefits to the citizens of the State of West Virginia by supporting the public policy agenda as articulated by state policymakers;

2.1.3. Addressing fiscal responsibility by making the best use of scarce resources and promoting fairness, accountability, credibility and transparency (FACT) in personnel decision-making;

2.1.4. Providing for job requirements and performance standards for classified staff positions, with annual job performance evaluations for classified staff and provisions for job performance counseling when appropriate;

2.1.5. Building upon human resources best practices to prevent, reduce, or, wherever possible, eliminate arbitrary and capricious decisions affecting employees of higher education organizations;

2.1.6. Creating stable, self-regulating human resources policies capable of evolving to meet changing needs;

2.1.7. Providing for institutional flexibility with meaningful accountability;

2.1.8. Adhering to federal and state laws, promulgated and adopted rules;

2.1.9. Enhancing the sharing of human resources best practices throughout the state higher education system;

2.1.10. Encouraging organizations to pursue a human resources strategy which provides monetary and non-monetary returns to employees in exchange for their time, talents, and efforts to meet articulated goals, objectives and priorities of the State, the Council and the organization;

2.1.11. Maximizing the recruitment, motivation and retention of highly qualified employees, promoting satisfaction and engagement of employees with their jobs, promoting job performance and achieving desired results;

2.1.12. Requiring each higher education organization under the jurisdiction of the Council to achieve full funding of the salary schedule minimum salary levels for classified employees, providing funding is available;

2.1.13. Implementing contemporary programs and practices to reward and incentivize performance and enhance employee engagement;

2.1.14. Developing and implementing a classification and compensation system that is fair, transparent, understandable, easy to administer, self-regulating, and adaptable to meet future goals and priorities; and

2.1.15. Providing current, reliable data to governing boards, the Council, the Commission, the Governor and the Legislature to inform the decision-making process of these policymakers.

W. Va. Code R. § 135-55-3 Definitions

3.1. The definitions related to higher education human resources administration are outlined in the attached document, Appendix A.

W. Va. Code R. § 135-55-4 Types of Employment and Benefit Eligibility

4.1. Casual Employee. A casual employee position is a position created to meet business needs for no more than 450 hours in a twelve-month period. Individuals in a casual employee position are not eligible for benefits.

4.2. Full-Time Regular Employee. Any employee in a position created to last a minimum of nine months of a twelve-month period and in which such employee is expected to work no less than 1,040 hours during said period. The full-time equivalent (FTE) of such a position must be reported at no less than .53 FTE. Such an employee is eligible for all applicable benefits of a full-time regular employee, subject to the qualifying conditions of each benefit. Such benefits shall be prorated in relation to a 1.00 FTE.

4.3. Part-Time Regular Employee. An employee in a position created to last less than 1,040 hours during a twelve-month period. Part-time regular positions typically continue from one fiscal year to another. An employee in a part-time regular position is not eligible for benefits.

4.4. Temporary Employee. An employee hired into a position expected to last fewer than nine months of a twelve-month period. Temporary employees may be part-time temporary or full-time temporary. A temporary employee is not eligible for benefits.

4.5. Although part-time, casual, temporary and student employees are not eligible for higher education benefit programs, institutions are cautioned to monitor average hours worked per week to identify situations where eligibility for health insurance is triggered and compliance with the federal Affordable Care Act (ACA) is required. No number of ACA eligible periods of part-time, temporary, casual or student employment shall create any presumption of a right to appointment as a full-time or part time regular employee.

4.6. Any employee may elect to enroll and contribute wages to a 403(b) tax deferred retirement savings account. Enrollment is voluntary and 403(b) deferrals are not matched by the employer. Election to defer wages to a retirement savings account shall not create any presumption of a right to appointment as a full-time or part-time regular employee.

W. Va. Code R. § 135-55-5 Employee Categories

5.1. Higher education employees are segmented into one of the following categories or classes. Employees in each category may be full-time or part-time or regular or temporary.

5.1.1. Classified Employee. Any regular full-time or regular part-time employee of an organization who does not meet the duties test for exempt status under the provisions of the Fair Labor Standards Act; and is not otherwise a nonclassified employee.

5.1.2. Faculty Employee. Faculty employees are appointed at the discretion of the institutional president or designee to support the academic mission of the institution, via teaching, research, public service, and or academic administration. A full time faculty member is an employee appointed to render full time academic service for a full academic year under a nine-month minimum appointment for at least six (6) semester credit hours teaching per semester or the equivalent in teaching, research, public service, and/or administrative responsibilities.

5.1.3. Nonclassified Employee. Nonclassified employees, unless otherwise established by action of the organization or institution where employed, serves at the will and pleasure of the organization, which authority may be delegated by act of the governing board or the Council. To be designated as nonclassified, the employee must meet one or more of the following criteria:

5.1.3.a. Employee holds a direct policy-making position at the department or organization level;

5.1.3.b. Employee reports directly to the president or chief executive officer of the organization;

5.1.3.c. Employee is in a position considered by the chancellor, president or designee to be critical to the organization pursuant to policies or decisions adopted by a governing board;

5.1.3.d. Employee in an information technology-related position which may be defined by policies or decisions adopted by a governing board;

5.1.3.e. Employee hired after July 1, 2017 in a position that meets the duties test for exempt status under the provisions of the Fair Labor Standards Act when hired or anytime thereafter; or

5.1.3.f. An employee in a nonclassified position as of January 1, 2017 who may not meet criteria listed in subsections 5.1.c.1. through 5.1.c.5. of this rule.

5.1.4. Student Employee. An employee enrolled at the institution as a student and whose primary purpose for being at the institution is to obtain an education. The employee category of “student employee” is for students who work at the institution in jobs or positions that are solely available to students enrolled at the institution, as opposed to the general public. When the student worker is no longer enrolled he/she is no longer eligible to work in the student worker position. A student employee is not eligible for benefits.

W. Va. Code R. § 135-55-6 Part-Time and Temporary Employees

6.1. Institutions are discouraged from hiring part‑time employees solely to avoid the payment of benefits or in lieu of full‑time employees and shall provide all classified employees with less than twelve month appointments with the opportunity to accept part‑time or full‑time summer employment before new persons are hired for the part‑time or full‑time employment, provided the classified employee meets the established position qualifications.

6.2. Change in status. The president or his/her designee will review and make a final determination as to the status or change in status of any employee. Determination of status or change in status means assignment to, or change in the type of employment or the category to which an employee is assigned.

6.3. When the president or his/her designee determines that a part-time regular employee becomes a full-time regular employee, he/she shall credit that employee's previous service toward any calculation of length of service for purposes of this rule and benefit eligibility based upon a prorated comparison against a 1.00 FTE. Previous length of service as temporary, casual, and student employees shall not be credited toward seniority calculations under other sections of this rule or statute.

W. Va. Code R. § 135-55-7 Workweek

7.1. The standard workweek is thirty-seven and one-half hours. The workweek is a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7) consecutive twenty-four (24) hour periods. It begins at 12:00 a.m. on Saturday and ends at 11:59 p.m. on Friday.

W. Va. Code R. § 135-55-8 Work Schedules

8.1. Each institution shall establish a policy, with the advice and assistance of staff council and other groups representing classified employees, which shall: address any institution‑specific procedures concerning the use of flexible work schedules, job sharing, and four‑day work weeks; discourage temporary, non‑emergency changes in an employee’s work schedule; and provide a mechanism for changes in, and notification of, changes in work schedules. This policy shall also provide that, where possible, the institution shall provide the employee with reasonable notice of such changes.

W. Va. Code R. § 135-55-9 Pay Calculations

9.1. Base salary is calculated on a thirty-seven and one-half (37 1/2) hour workweek.

9.2. When base salary increases are calculated and rounding is involved, the policy is to round up to the nearest even dollar amount.

9.3. Overtime pay for non-exempt employees is calculated at the rate of one and one-half (1 1/2) times the regular hourly rate, which is the total base salary, plus any incremental pay, divided by 1,950 hours. Overtime does not commence until forty (40) hours have actually been worked within one (1) workweek. Regular hourly pay, also known as "straight time," is paid for work time between thirty-seven and one-half (37 1/2) hours and forty (40) hours in a work week.

9.4. Only actual hours worked are included in calculating overtime. Pay which is received for holidays, annual leave, sick leave, or work release time, as authorized by Series 38, is not counted as working hours for purposes of overtime.

9.5. Annual leave, sick leave and longevity do not accumulate in any part of a month for which an employee is off the payroll on leave without pay or during a terminal leave period. A terminal leave period is that time between the employee's last day of work and his/her last day on the payroll. Longevity continues to accrue for employees absent from work and off the payroll when the absence is due to a work related illness or injury covered by workers compensation, or is due to military service in accordance with applicable federal law.

W. Va. Code R. § 135-55-10 Holiday Premium Time Off

10.1. When a full-time or part-time classified non-exempt employee is required to work on any designated board or institution holiday, that employee at his/her option shall receive regular pay for that holiday plus substitute time off or additional pay at the rate of one and one-half (1 1/2) times the number of hours actually worked. The time off must be used within a six-month period following the holiday.

10.2. When an exempt employee is required to work on any designated board or institution holiday, that employee shall be given substitute time off on an hour‑for‑hour worked basis.

W. Va. Code R. § 135-55-11 Compensatory and Overtime Provisions

11.1. Compensatory time off shall be allowed only to the extent authorized by federal and state law.

11.2. Each institution may offer non‑exempt employees compensatory time off in lieu of overtime pay. All hours worked beyond thirty-seven and one-half (37½) hours and up to and including 40 hours are calculated at the employee’s regular hourly rate. Pay for time worked beyond 40 hours in a work week are to be calculated at a rate of one and one‑half (1½) times the regular hourly rate.

11.3. A written agreement between the employee and the institution shall exist when the employee chooses compensatory time off in lieu of overtime pay. The written agreement may be modified at the request of either the employee or employer at any time but under no circumstances shall a change in the agreement deny the employee compensatory time heretofore acquired.

11.4. Each institution shall develop an agreement form for compensatory time accumulation in lieu of overtime payment and shall specify the required approval process which must be completed before a non‑exempt employee may work beyond thirty-seven and one-half (37½) hours.

11.5. Employees may accumulate up to two hundred forty (240) hours of compensatory time and shall be paid for all hours worked above the maximum accrual.

11.6. Employees in public safety, seasonal work, and/or emergency response categories may accumulate up to four hundred eighty (480) hours and shall be paid for all hours worked above the maximum accrual.

11.7. Compensatory time must be used within one year of accrual. Approval of an employee’s request to use accrued compensatory time shall be contingent upon whether it will unduly disrupt the operation of the institutional unit.

11.8. Should an individual's employment be terminated, any unused compensatory time shall be reimbursed as follows:

11.8.1. The average regular rate received by such employee during the first three years of the employee's employment; or,

11.8.2. The final regular rate received by such employee, whichever is higher.

11.9. An employee may not work overtime unless approved in advance per institutional policy.

W. Va. Code R. § 135-55-12 Posting of Vacant or New Positions

12.1. Each institution shall develop a policy for posting of vacant or new positions.

W. Va. Code R. § 135-55-13 Probationary Period

13.1. Full‑time regular classified employees shall serve a six‑month probationary period beginning at the original date of employment.

13.2. At the end the six‑month probationary period, the employee shall receive a written evaluation of her/his performance and shall be informed as to whether her/his employment will continue beyond the probationary period. As with all positions, continued employment is based on adequate funding, satisfactory performance and adherence to institution rules and regulations.

W. Va. Code R. § 135-55-14 Access to Personnel File

14.1. An employee may have access to his/her personnel file when the employing institution is normally open for business. An employee may examine his/her own file and the contents therein with the following exception:

14.1.1. Materials which were gathered with the employee's prior agreement to forfeit his/her right of access, such as some references.

14.2. A representative of the custodian of records shall be present with the employee during the review. The date, time and location of each review shall be recorded in the personnel file.

14.3. A copy of any material in the personnel file, except as noted above, shall be provided to an employee upon request. A small copy fee may be charged. Positive identification of the employee must be established prior to providing access to the personnel file. Documents may not be removed from a personnel file by the employee. An employee may petition at any time for either the removal or addition of documents to his/her own personnel file. The employer may require that employees schedule an appointment to see the personnel file.

W. Va. Code R. § 135-55-15 Changes in Name, Address, Number of Dependents and Related Matters

15.1. It is the exclusive responsibility of each employee to notify all appropriate persons, agencies and parties when record changes occur, including emergency information.

W. Va. Code R. § 135-55-16 Employee Performance Evaluations and Merit Increases

16.1. Organizations shall conduct regular performance evaluations of nonclassified, classified and faculty employees. Each employee shall receive an evaluation of his or her job related performance on an annual basis. The organization shall maintain evidence of employee participation in the evaluation process.

16.2. Each organization shall develop a consistent, objective performance evaluation system and evaluation instrument(s).

16.3. Organizations shall train supervisors in the best practices of conducting employee performance evaluations.

16.4. Supervisors who fail to conduct evaluations of those employees who report to them, according to their organization’s policies, may be subject to disciplinary action.

16.5. Higher education organizations may grant merit increases or implement pay for performance programs which are in accordance with state law and the West Virginia Higher Education Compensation Management Program Salary Administration Guidelines.

16.6. Institutions choosing to reward and compensate employees on the basis of merit shall have in place an objective performance management/evaluation system and evaluation instrument that is consistently administered by trained supervisors.

W. Va. Code R. § 135-55-17 Continuing Education and Professional Development

17.1. The Vice Chancellor for Human Resources shall, as requested by organizations, assist with:

17.1.1. Analyzing and determining training needs of organization employees and formulating and developing plans, procedures and programs to meet specific training needs and problems.

17.1.2. Developing, constructing, maintaining and revising training manuals and training aids or supervising development of these materials by outside suppliers.

17.1.3. Planning, conducting, and coordinating management inventories, appraisals, placement, counseling and training.

17.1.4. Coordinating participation by all employees in training programs developed internally or provided by outside contractors.

17.1.5. Administering and analyzing an annual training and development needs survey. The survey may coincide with the completion of the annual performance review process.

17.2. The Council shall assist organization human resources professionals in applying fair, accountable, credible, transparent, and systematic principles to all human resources functions and shall provide model training programs to organizations upon request for assistance.

17.3. Funds allocated or made available for employee continuing education and development may be used to compensate and pay expenses for employees pursuing additional academic study or training to better equip themselves for their duties.

17.4. Each higher education organization shall establish and operate an employee continuing education and development program under a rule promulgated by the governing board. Funds allocated or made available for employee continuing education and development may be used to compensate and pay expenses for any employees pursuing additional academic study or training to equip themselves better for their duties.

17.5. The organizational rules shall encourage continuing education and staff development and shall require that employees be selected on a nonpartisan basis using fair and meaningful criteria which afford all employees opportunities to enhance their skills and productivity in the workforce of the organization.

17.6. The organizational rules may include reasonable provisions for the continuation or return of any employee receiving the benefits of the education or training, or for reimbursement by the state for expenditures incurred on behalf of the employee.

17.7. Subject to legislative appropriation therefor, the Council shall promote and facilitate additional, regular, training and professional development for employees engaged in human resources-related activities at all organizations or any appointees to committees based on this rule. The training and professional development:

17.7.1. Shall be developed with emphasis on distance learning, in consideration to limiting travel demands on employees; and

17.7.2. Shall be in addition to and may not supplant the training and professional development regularly provided to any class of employees by each organization.

W. Va. Code R. § 135-55-18 Classification and Compensation System Established

18.1. The Council, in consultation with the Commission, does hereby establish and implement the West Virginia Higher Education Compensation Management Program. The program is designed to provide institutional flexibility to manage classification and compensation for all staff jobs in West Virginia higher education. However, the program is the legislatively required system of classification and compensation for classified employees. The program represents current best practices in classification and compensation management for West Virginia higher education employees regardless of the category to which assigned. Market based classification and compensation management is recognized as the appropriate methodology for classifying higher education jobs.

18.2. The Compensation Management Program and supporting component documents to guide in the implementation and administration of the Program were approved by the Council and Commission for implementation effective September 1, 2017. The program documents shall be considered by all institutions under the jurisdiction of the Council and Commission as a model salary administration policy and guidelines. The approved compensation management program includes:

18.2.1. The “West Virginia Higher Education Compensation Philosophy” which outlines the goals, objectives, and strategies of the compensation management system;

18.2.2. The “West Virginia Higher Education Job Classification Guidelines” which assist human resources officers with determining the appropriate classification for jobs;

18.2.3. The “West Virginia Higher Education Employee Salary Schedule” consists of pay grades with pay range spreads and indicates the minimum, midpoint and maximum salary levels for each pay grade; and

18.2.4. The “West Virginia Higher Education Salary Administration Guidelines” which assist human resources officers and institutional administrators in making appropriate pay decisions in a variety of employment situations.

18.3. The West Virginia Higher Education Compensation Management Program is designed to attract, retain, and motivate a highly talented and committed workforce to support the unique missions and goals of public higher education institutions. Competitive pay is a key element in attracting, retaining, motivating and rewarding the type of employees needed to fulfill the missions of West Virginia’s colleges and universities. The goal of Council, Commission and affiliated colleges and universities is to pay competitive salaries by using systems clearly communicated to employees and readily administered by managers.

18.4. In order to fulfill institutional visions, missions and goals, West Virginia higher education institutions must attract and retain highly talented staff. To meet institutional staffing needs and priorities, the compensation system established in support of this goal includes the following objectives:

18.4.1. To provide the flexibility to manage base pay through a simple clear program that is consistent with the Council, Commission, and institutions’ individual strategic and organizational objectives and in accordance with organizational missions, visions, values and financial resources;

18.4.2. To establish and maintain a competitive pay structure based on comparisons to appropriate external labor markets while also considering relative internal worth;

18.4.3. Clearly articulate, through a relevant performance management program adopted by each institution, the relationship between institutional strategy and employee performance, recognition, and rewards;

18.4.4. To ensure that the compensation program and pay are administered strategically, consistently, effectively, efficiently, fairly and equitably both within the institution and statewide in compliance with the “FACT” of Higher Education Human Resources established by the West Virginia Legislature;

18.4.5. To provide a framework for career progression and recognition of high performance;

18.4.6. To reward employees on the basis of work performance;

18.4.7. To establish a compensation policy that is fair, accountable, consistent, transparent and designed to ensure sound stewardship of available compensation funding;

18.4.8. To ensure accountability for compliance with relevant federal and state statutes; and

18.4.9. To establish the principles and processes for regular review of market position and effectiveness of policies.

18.5. Colleges and universities have flexibility to manage compensation within the parameters of the compensation program and salary schedule.

18.6. Colleges and universities may initially manage compensation using across the board, market position goals, or any other method that serves to ensure fair, competitive compensation for employees. Over time, all institutions are encouraged to transition compensation management to a rewards model that compensates employees in line with their skill, effort and outcome contributions.

18.7. The Council shall ensure that regular market salary analyses are performed to determine how organization compensation for all classes of employees compares to compensation in relevant external markets.

18.8. The Council, in consultation with the Job Classification Committee (JCC), shall have in place a master classification specification for every classified job title.

18.9. The Council, in consultation with the JCC, shall develop a Position Description Form/Job Description Form (PDF/JDF) to be used by all organizations to gather data necessary for classification of positions.

18.10. Each organization must ensure that a job description shall exist for every classified job. The job description should be reviewed at least every three years for accuracy by the employee and supervisor. Submission of an updated job description does not constitute a request for a classification review. A formal request must be made pursuant to section twenty of this rule.

18.11. Neither the employee nor the supervisor shall place duties in the employee’s PDF that the employee is not performing, but may be expected to perform in the future.

18.12. Salary adjustments shall be made in accordance with the Salary Administration Guidelines approved by the Council.

18.13. During the course of its reviews, should the JCC discover the systematic misapplication of the program by an organization, it shall notify the Chancellors, who will take the appropriate action warranted.

18.14. Absent fraud on the behalf of the employee, any overpayment to the employee because of an erroneous classification decision by an organization shall not be collected from the employee. However, any erroneous overpayment to such an employee, once corrected, shall not be deemed as evidence in claims by other employees that the classification and compensation program is not equitable or uniform.

18.15. Recommendations from the Compensation Planning and Review Committee (CPRC) will be considered in agenda items presented to the Council and the Commission and in the legislative reporting process.

18.16. Pursuant to State law, the Council may not delegate to the JCC or the CPRC the following:

18.16.1. Approval of a classification and compensation rule;

18.16.2. Approval of the job classification plan;

18.16.3. Approval of the market salary schedule; and

18.16.4. Approval of the salary schedule minimums.

W. Va. Code R. § 135-55-19 Job Classification Committee

19.1. The Council hereby establishes a Job Classification Committee (JCC). The Vice Chancellor for Human Resources shall serve as the Chair of the Job Classification Committee.

19.2. The JCC shall be comprised of four classified employees and six Human Resources professionals, ensuring representation from the Council institutions and the Commission institutions.

19.3. The Chancellor of the West Virginia Council for Community and Technical College Education, or designee shall solicit nominations for JCC members from the Advisory Council of Classified Employees (ACCE) and the Chief Human Resources Officers (CHROs).

19.4. JCC members shall be appointed by the Chancellor of the West Virginia Council for Community and Technical College Education, with concurrence of the Chancellor of the West Virginia Higher Education Policy Commission, subject to approval by the Council and Commission.

19.5. An organization may have no more than two members serving on the Committee at any time and the combined membership representing various groups or divisions within or affiliated with an organization in total may not constitute a majority of the membership.

19.6. Committee members shall serve staggered terms. One third of the initial appointments shall be for two years, one third for three years and one third for four years. Thereafter, the term is four years. A member may not serve more than four years consecutively.

19.7. The Council shall use an appropriate methodology to classify jobs. The Council, in consultation with the Commission, may adjust the job evaluation plan, including the factors used to classify jobs and their relative values, if necessary.

19.8. Powers and duties of the Job Classification Committee include, but are not limited to, the following:

19.8.1. Providing a system of audit for all master classification specifications to make sure the core responsibilities of positions assigned the titles are accurately reflected;

19.8.2. Recommending a procedure for performing job family reviews;

19.8.3. Modifying and deleting job titles and creating new job titles;

19.8.4. Reviewing and revising job titles to make them consistent among organizations, including adopting consistent title abbreviations;

19.8.5. Determining appropriate career ladders or job levels in each job family and establishing criteria for career progression;

19.8.6. Conducting job family reviews to ensure master classification specifications appropriately reflects duties, responsibilities, minimum requirements and contains appropriate distinguishing characteristics that clearly delineate differences in job titles and support assigned pay grades.

19.8.7. Classifying jobs and placing jobs in pay grades consistent with the classification and compensation program;

19.8.8. Determining when new master classification specifications with assigned pay grades are needed, and;

19.8.9. Hearing job classification appeals prior to commencement of the formal grievance process.

19.8.10. The JCC shall meet monthly if there is business to conduct and also may meet more frequently at the call of the chair, given adequate lead time. A majority of the voting members serving on the Committee at a given time constitutes a quorum for the purpose of conducting business.

W. Va. Code R. § 135-55-20 Classification Review Request of Existing Position

20.1. An incumbent employee or the employee’s supervisor may request a classification review when significant changes occur in the principal duties and responsibilities of a position.

20.2. Classification review requests are not to be submitted based on a desire for a salary increase, to reward for job performance, seniority, equity, future tasks, additional duties of the same nature and level of the job held or because an employee’s pay is at or near the pay range maximum.

20.3. To initiate the classification review request, the employee and supervisor must complete the position description form (PDF) and a formal request for classification review form. Both must be submitted to the institutional Human Resources Office. The request for review form must include the date and detailed reasons for such request.

20.4. The responsibility for assigning tasks and duties to a position belongs to the supervisor.

20.5. Requests for position reviews also may be initiated by an employee with Human Resources after discussion with the immediate supervisor.

20.6. Classification reviews also may be initiated by the institution’s Chief Human Resources Officer or his/her designee after discussion with the immediate supervisor.

20.7. Within forty-five (45) working days from the date of the formal request for review of a job, the institution’s Chief Human Resources Officer or his/her designee shall report to the requestor in writing the result of the classification review.

20.8. An organization that fails to complete a review within the specified time shall provide the employee back pay from the date the request for review was received if the review, when completed, produces a reclassification of the position into a job in a higher pay grade.

W. Va. Code R. § 135-55-21 Classification Appeals Process

21.1. In the event that a classified employee disagrees with a classification decision made at the organizational level, he/she may appeal that decision in writing to the Vice Chancellor for Human Resources for review by the JCC. Filing a classification appeal, however, shall not abridge the rights of a classified employee to file a formal grievance, using the statutory grievance process as set forth in West Virginia Code §6C-2-1 et seq.; provided, however, upon the simultaneous filing of a statutory grievance and a classification appeal to the Vice Chancellor for Human Resources by a classified employee, a request may be made, in writing, by the classified employee to hold the grievance in abeyance until the review by the JCC is completed and a classification decision is rendered by the JCC.

21.2. The Classification Appeal Process and timelines are outlined in the West Virginia Higher Education Compensation Management Program “Job Classification Guidelines” approved by the Council.

21.3. Time limits.

21.3.1. The classified employee shall submit a completed “Classification Appeals Form” to the organization’s Human Resources office within ten (10) working days from the date of receipt of the notice of the organization’s classification decision.

21.3.2. The organization’s human resources staff shall render a decision on the appeal within five (5) working days whether the original decision shall be upheld.

21.3.3. The classified employee shall have five (5) working days from the date of receipt of the notice upholding the original decision of the organization to appeal the action to the Vice Chancellor for Human Resources for submission to the JCC.

21.4. Upon receipt of the classified employee’s appeal of the organization’s decision, the Vice Chancellor for Human Resources shall forward the appeal to the JCC.

21.4.1. The JCC shall review the Classification Appeals Form, the original PDF, and all supporting documentation, submitted by a classified employee to the Human Resources Office.

21.4.2. The JCC may review comparable positions within the organizations.

21.4.3. The JCC shall notify the classified employee, and the organization’s Human Resources Office, of its decision in writing, within twenty (20) working days from the date of receipt of the appeal to the Vice Chancellor for Human Resources. The notification shall specify the effective date should there be any change in status.

22.1. An appeal shall not be considered if based on any of the following reasons:

22.1.1. As a method to obtain a salary increase. The new Compensation Management Program should substantially limit the number of classification review requests. Compensation is not tied to a step on the salary schedule or to years of WV government service of the incumbent employee. Considerations for an increase in compensation are not to be made using the classification review process.

22.1.2. Seniority. An appeal shall not be considered if it is based on the employee’s length of service with the organization or with the state of West Virginia.

22.1.3. Qualifications of the individual incumbent. An appeal shall not be considered if it is based upon the individual classified employee’s qualifications. A classification determination is based upon the duties and responsibilities of the job as well as the minimum requirements necessary to perform the duties and responsibilities of the position.

22.1.4. Anticipated future job responsibilities. An appeal shall not be considered if it is based upon responsibilities that may be included in the job assignment in the future.

22.1.5. Job Performance. An appeal shall not be considered if it is based upon the performance of the incumbent or certain personality traits (e.g., loyalty, dedication, commitment to organization, hardworking, etc.). A classification determination is based upon the level and complexity of the duties and responsibility of the job performed, not the characteristics of the individual holding the position.

22.1.6. Salary within a salary range. An appeal shall not be considered if it is based upon the fact that an employee’s salary is close to the maximum of a salary range or the relative position of the salary within the assigned salary range.

22.1.7. Increase in the volume of work. An appeal shall not be considered if it is based on the volume of work rather than the level of responsibilities and complexity of the work.

W. Va. Code R. § 135-55-23 Compensation Planning and Review Committee

23.1. The Council shall hereby establish and maintain a Compensation Planning and Review Committee (CPRC). The Vice Chancellor for Human Resources shall serve as the Chair of the CPRC.

23.2. The composition of the CPRC shall consist of the Vice Chancellor for Human Resources, the Vice Chancellor for Finance, two members representing the statewide Advisory Council of Classified Employees, one from institutions under the jurisdiction of the Council and one from institutions under the jurisdiction of the Commission; two nonclassified representatives, one from institutions under the jurisdiction of the Council and one from institutions under the jurisdiction of the Commission; two human resources administrators from institutions under the jurisdiction of the Council, and two human resources administrators from institutions under the jurisdiction of the Commission; and a president from each of the two systems.

23.3. The method for nominating CPRC members shall be representative of all the higher education organizations under the jurisdiction of the Council or Commission and affected constituent groups, including specifically providing for membership selections to be made from nominations from the Advisory Council of Classified Employees, the Chief Human Resources Officers, and the respective bodies representing Council and Commission presidents. The Chancellors, jointly, shall appoint members from nominations made by these affected constituent groups and require approval of the Council and Commission before beginning service.

23.4. An organization may have no more than two members serving on the CPRC at any time and the combined membership representing various groups or divisions within or affiliated with an organization in total may not constitute a majority of the membership.

23.5. The CPRC shall manage all aspects of compensation planning and review that the Council delegates to it, within the provisions of state law.

23.6. CPRC members shall serve staggered terms. One third of the initial appointments shall be for two years, one third for three years and one third for four years. Thereafter, the term is four years. A member may not serve more than four years consecutively.

23.7. The CPRC shall meet at least quarterly and at other times at the call of the Chair. A majority of the voting members serving on the CPRC at a given time constitutes a quorum for the purpose of conducting business.

23.8. The CPRC has powers and duties which include, but are not limited to, the following:

23.8.1. Making recommendations for revisions in the system compensation plan, based on existing economic, budgetary and fiscal conditions or on market study data;

23.8.2. Overseeing the annual internal market review;

23.8.3. Meeting at least annually with the JCC to discuss benchmark jobs to be included in salary surveys, results of job family reviews, and assessment of current job titles within the classification system for market matches and other issues as the Vice Chancellor for Human Resources, in consultation with the Chancellors, determines to be appropriate;

23.8.4. Performing other duties as assigned by the Council or as necessary or expedient to maintain an effective classification and compensation system.

W. Va. Code R. § 135-55-24 Salary Structure

24.1. The Council and Commission shall develop and maintain a market based salary structure and ensure that all organizations under its jurisdiction adhere to state and federal laws and duly promulgated and adopted organization rules.

24.2. The Council and Commission shall jointly use workforce compensation data provided by Workforce West Virginia and other compensation data as is readily available from national recognized sources to establish the appropriate external labor market. The Council and Commission, in consultation with the CPRC, and taking into consideration updated market information, may take any combination of the following actions in regard to the classified market salary structure:

24.2.1. Adjust the salary schedule midpoints and/or number of pay grades;

24.2.2. Adjust the midpoint differentials between pay grades to better reflect market conditions; or

24.2.3. Adjust the range spread for any pay grade.

24.3. The Council, in consultation with the Commission, may perform an annual review of market salary data to determine how salaries have changed in the external labor market. Based on supporting data derived from that review, the Council and Commission, with input from the CPRC, have the option to adjust the market salary structure to maintain competitiveness and currency with the market.

24.4. The approved market salary structure shall include a midpoint representing the median market value of jobs assigned to each pay grade. The schedule will contain a minimum and maximum salary range for each pay grade.

24.4.1. After July 1, 2019, no organization may compensate a classified employee at a salary rate of less than the minimum of the grade. Upon future annual schedule adjustments, the requirement to pay classified employees no less than minimum of the grade, is subject to available funds.

24.5. The salary of a classified employee working fewer than thirty-seven and one-half hours per week shall be prorated. The organization’s salary rule may provide for differential pay for certain classified employees who work different shifts, weekends or holidays.

24.6. Merit increases may be granted if they are in accordance with statute and with duly promulgated rules of the Council or institution.

W. Va. Code R. § 135-55-25 Organizational Rules

25.1. Each institution shall amend any of its policies/rules to comply with the Council’s rule or rules no later than six months after the effective date of any change in statute or Council rule or rules, unless a different compliance date is specified within the statute or rule containing the requirements or mandate.

25.2. An institution may not adopt a rule, as mandated by this subsection, until it has consulted with the appropriate employee classes affected by the institution’s rule or rule’s provisions. At a minimum, consultations with the institutional Classified Employees Council (staff council) and/or the institutional Faculty Senate (faculty senate), as appropriate, shall take place.

25.3. If an institution fails to adopt a rule or rules as mandated by this subsection, the Council may prohibit it from exercising any flexibility or implementing any discretionary provision relating to human resources contained in statute or in a Council rule until the organization's rule requirements have been met.

25.4. Unless a governing board exercises the flexibility to create its own classification and compensation program pursuant to Section 26 of this rule, the Chancellor or his or her designee has the authority and the duty to review each institution’s comprehensive classification and compensation rule or rules and to recommend changes to the rule or rules to bring them into compliance with Council rule or rules or legislative and Council intent. The Chancellor may reject or disapprove any rule or rules, in whole or in part, if he or she determines that it is not in compliance with any rule/rules or if it is inconsistent with Legislative and Council intent or does not sufficiently address and include measures that foster meaningful accountability of the institution to this rule, its own rules and state law.

W. Va. Code R. § 135-55-26 Organizational Flexibility to Adopt Personnel Rules

26.1. Organizations that provide notice to the Council may, after consultation with staff council, file a rule or rules to implement provisions of West Virginia Code §18B-7 and §18B-8, and upon the adoption, any rules promulgated by the Council under the same sections of state law are inapplicable to the organization.

26.2. Any organization that provides notice to the Council may establish a classification and compensation rule, after consultation with and providing thirty (30) days written notice to the staff council, that incorporates best human resources practices and addresses the areas of organizational accountability, employee classification and compensation, performance evaluation, reductions in force, and development of organizational policies, and upon the adoption the provisions of West Virginia Code §18B-9A and any rule promulgated by the Council thereto, is inapplicable to the extent it conflicts with the rule promulgated by the organization. Provided, that any rule adopted by an organization shall use the definitions of classified and nonclassified employees established in state law. The rule shall provide for an external review of human resources practices at the organization at least once every five years, relating to compliance with the West Virginia higher education personnel law, including provisions that staff council have an opportunity to speak with the external auditor before the start of the audit and after its completion.

W. Va. Code R. § 135-55-27 Organizational Accountability

27.1. A major deficiency means an organization has failed to comply with applicable personnel rules of the Council. The following guidelines exist for correcting deficiencies should any be found:

27.1.1. When a major deficiency is identified, the Council shall notify the governing board of the institution in writing within forty working days, giving particulars of the deficiency and outlining steps the governing board is required to take to correct the deficiency.

27.1.2. The governing board shall correct the major deficiency within four months and shall notify the Council when the deficiency has been corrected; however, extensions of this time frame may be requested and granted by the Council.

27.2. If the governing board fails to correct the major deficiency or fails to notify the Council that the deficiency has been corrected within a period of four months from the time the governing board receives notification, the Council may apply sanctions as specified:

27.2.1. Sanctions may include, but are not limited to, suspending new hiring by the organization and prohibiting compensation increases for key administrators who have authority over the areas of major deficiency until the identified deficiencies are corrected.

27.3. To the extent that major deficiencies are identified relative to the Council central office the sanctions described above shall be applicable.

Appendix A TITLE 135 LEGISLATIVE RULEWEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION SERIES 55 HUMAN RESOURCES ADMINISTRATION Definitions General Definitions.

Definitions in this section are applicable to higher education generally and terms and conditions of employment.

Benefits. Programs that an employer uses to supplement the cash compensation of employees, including but not limited to, health and welfare plans, retirement plans, pay for time not worked (i.e. sick leave, annual leave, holiday pay, etc.) and other employee perquisites.

Chancellor. Chancellor refers to the chief executive officer of the West Virginia Council for Community and Technical College Education or the West Virginia Higher Education Policy Commission, as appropriate.

Compensatory Time and Compensatory Time Off. Hours during which the employee is not working, which are not counted as hours worked during the applicable work week or other work period for purposes of overtime compensation and for which the employee is compensated at the employee's regular rate of pay.

Exempt Employees. Employees not covered by the Fair Labor Standards Act (FLSA) for overtime purposes.

Full Time Equivalency (FTE). The percentage of time for which a position is established, with a full-time position working 1,950 hours per year being 1.00 FTE.

Health and Welfare Benefit Plan. An arrangement which provides any of the following benefits: medical, dental, visual, psychiatric or long-term health care, life insurance, accidental death or dismemberment benefits, disability benefits, or comparable benefits.

Incumbent. An incumbent is an individual person in a position employed at an institution.

Longevity. The total number of years employed at state institutions of higher education and other agencies of state government in West Virginia.

Major Deficiency. When an organization has failed to comply with applicable personnel rules of the Council.

Meaningful Accountability. Measures that ensure adherence to rules and policies and provides for consequences for non-compliance.

Non-Exempt Employee. An employee who is covered by the Fair Labor Standards Act (FLSA) and is entitled to overtime as outlined in federal and state law.

Organization. Organization means the Council, the Commission, an agency or entity under the respective jurisdiction of the Council or the Commission or a state institution of higher education. Organizations include the following entities individually or collectively -- 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 College; West Virginia University at Parkersburg; Bluefield State College; Concord University; Fairmont State University; Glenville State College; Marshall University; Shepherd University; West Liberty University; West Virginia School of Osteopathic Medicine; West Virginia State University; West Virginia University, including Potomac State College and West Virginia University Institute of Technology; the Office of the Higher Education Policy Commission; the Office of the Council for Community and Technical College Education; and the West Virginia Network for Educational Telecomputing.

President. A chief executive officer of an institution of higher education in West Virginia who reports to the institution’s governing board. This term shall be used in this rule to refer to the Chancellor for the office of the West Virginia Council for Community and Technical College Education, the Chancellor for the office of the Higher Education Policy Commission and the Director of the West Virginia Network for Educational Telecomputing.

Rehire. Rehire defines an employee who leaves the service of an institution and later applies for and accepts a position offered by the same institution.

Seniority. The total number of months or years employed with the current West Virginia higher education organization employer.

Job Documentation Classification and Compensation.

Definitions in this section are applicable to job documentation, classification and compensation management.

Base salary. The amount or a rate of compensation for a specified position of employment or activity excluding annual experience increment and any other payments or allowances for work or activity unrelated to that specified position of employment.

Base salary adjustment. The amount that a base salary increases within the pay grade to reward performance, to rectify inequities, or to accommodate competitive market conditions.

Benchmark Job. A job that is commonly found and defined, used to make pay comparisons to comparable jobs outside the organization.

Career Ladder. A structured sequence of related, upwardly progressing positions.

Classification System. An organized structure in which jobs, job descriptions, job titles, and job analyses are utilized to determine a hierarchy of jobs, career ladders and pay grade assignments.

Compa-Ratio. A measure to assess competitiveness of current salary level to the market (midpoint of the salary structure). Compa-ratio is the short form for Comparative ratio. It measures the ratio of an employee's actual salary (the numerator) to the midpoint of the applicable (the denominator) salary range. To calculate an individual's compa-ratio, divide the base salary by the midpoint of the assigned salary range (pay grade range). See also “salary range penetration”.

Compensation. Earnings provided by an employer to an employee for services rendered.

Compensation Philosophy. The guiding principles that ensure that a compensation program supports an organization’s culture.

Compensation Strategy. The principles that guide the design, implementation and administration of a compensation program at an organization for the purpose of supporting the organization’s mission, vision, goals and objectives.

Compression. The situation encountered when a new employee enters into the organization at or above the pay of someone who is currently in the same role in the organization. It can also exist when you have two jobs in the same job family with someone in the “lower” job earning more than the person in the “higher” job. There are some families in which this may make sense such as software development where a senior developer may appropriately earn more in base than a manager of the function.

Increment. Annual payment to employees based on years of West Virginia state government work experience and earned pursuant to West Virginia Code §5-5-2.

Internal Equity Analysis. A comparative analysis of compensation levels within an organization to determine if a level of compensation is equitable when compared to compensation of other employees who hold similarly situation positions in the same job classification or pay grade who have the same or similar levels of knowledge, skill, experience and performance.

Interim Responsibilities. A significant change in duties and responsibilities of an employee on a temporary basis justifying an interim promotion or upgrade for salary purposes. Such a temporary reassignment shall normally be for no less than four (4) consecutive weeks, no more than twelve (12) consecutive months, and shall only occur when the responsibilities being undertaken by the employee are those of another position that is vacant.

JDXperts. Web based job information and description management software system provided as a shared service to institutions of the Council and Commission. JDXperts is the official depository of institutional job information used for job analysis, institution job description development, master classification specification development and identification of benchmark jobs. Benchmark jobs are used to build and maintain the market based salary structure administered by institutions as part of the higher education employee classification and compensation management program.

Job. The total collection of tasks, duties, and responsibilities assigned to one or more individuals whose work is of the same nature and level.

Job Analysis. A systematic process in which information is collected via a position information form relative to the nature of a specific job, providing documentation and knowledge needed for conducting a job evaluation.

Job Class / Pay Grade. The level to which a job is assigned within a salary structure.

Job Classification/Job Evaluation. A formal process used to evaluate jobs, establish proper pay grades, and slot jobs in pay grades.

Job Classification Committee. A Committee of employee and human resources representatives established by West Virginia Code tasked with evaluating classification appeals and other changes to classified jobs.

Job Description. (Used interchangeably with the phrases institution job description, position job description, incumbent job description): A summary of the essential functions of a job at a particular institution, including the general nature and level of the work performed, a characteristic listing of duties and responsibilities, and the knowledge, skills and abilities necessary to perform the work. Best practices in human resources management support maintaining a current job description for all jobs in the organization, regardless of the employee category assigned to the position incumbent.

Job Family. A series of job titles in an occupational area or group.

Job Specification. See Master Classification Specification Job Title. The label that uniquely identifies and generally describes a job. The same descriptive job title shall be given to a group of jobs, regardless of location in the organization, which are substantially the same in duties and responsibilities, and which require substantially the same knowledge, skills and abilities performed under similar working conditions.

Labor Market. The labor market for compensation is the geographic area, industry, organization size, or organization type from which an organization attracts employees. Market Value refers to how much a particular job would be worth for a specific talent market (industry, size, location, organization type) at a specific or target percentile.

Master Classification Specification/Job Specification. General descriptions of the collective type and kind of work performed by the majority of employees assigned the same job classification. Each master specification will contain a job title, nature of work performed, distinguishing characteristics of the job, and a general description of typical duties and responsibilities performed by positions assigned the title, regardless of the location of the position.

Mid-Point. Midpoint is the middle of a pay range; the midpoint typically aligns to the market value for the job. See “Range Midpoint”

Merit Increases. A discretionary salary increase given to an employee to reward demonstrated achievements in the performance of the duties and responsibilities of a position, as evaluated by criteria established by the organization.

Pay Grade. See Job Class/Pay Grade.

Pay Range Quartile. The four divisions of a pay range. The point between the 2nd and third quartile is the midpoint of the pay range.

Pay Range or Pay Range Spread. Pay range is an expression of the pay for a position assigned to a pay grade in a salary structure that provides the minimum, midpoint and maximum levels of compensation. The range from minimum to maximum, expressed as a percentage, is the pay range spread. The range spread percentage is calculated by subtracting the minimum from the maximum and dividing by the minimum the multiplying by 100.

Pay Structure. See Salary Schedule Position. A set of duties and responsibilities requiring employment of a single employee at a particular organization.

Position Description Form/Job Description Form (PDF/JDF). A tool used to collect a broad range of job information used in the creation and classification of a new or changed position. A position description form is not required for every employee or job. Formerly referred to as a position information questionnaire.

Promotion. Movement from a position requiring a certain level of skill, effort, and authority into a vacant or newly created classified position assigned to a different job title and a higher pay grade that requires a greater degree of skill, effort, and authority.

Range Midpoint. Midpoint is the middle of a pay range. The midpoint typically aligns to the market value for the job.

Range Penetration/Position in Range. An important compensation metric to consider in conjunction with a compa-ratio. Rather than just being a comparison to one piece of data (the midpoint), range penetration looks at a salary in relation to the whole pay range. Range Penetration is how far an employee has progressed through the pay range. Range penetration = (Salary – Range Minimum) ÷ (Range Maximum-Range Minimum) See the Salary Administration Guidelines for more information about range penetration.

Rehire. Rehire defines an employee who leaves the service of an institution and later applies for and accepts a position offer at the same institution.

Salary Benchmarking. The process of market pricing a benchmark job.

Salary Structure/Pay Structure/Salary Schedule. A graphical structure consisting of a series of pay grades and range of pay available for each grade.

Series 56 Military Student Withdrawal Policy

W. Va. Code R. § 135-56-1 General

1.1. Scope -- This rule delineates the responsibilities of West Virginia public higher education institutions relative to dealing with unexpected withdrawals from school by military member students.

1.2. Authority -- West Virginia Code §18B-1-6 and §18B-4-10.

1.3. Filing Date -- June 16, 2014

1.4. Effective Date -- July 16, 2014

W. Va. Code R. § 135-56-2 Purpose

2.1. The West Virginia Council for Community and Technical College Education and the West Virginia Higher Education Policy Commission are responsible to provide uniform course completion provisions for all military member students who are enrolled at the state institutions of higher education under their respective jurisdictions when those students are called to military duty.

2.2. This rule shall ensure that enrolled students who are called to military duty are afforded a fair and efficient procedure of withdrawing from classes, completing course work or securing a leave of absence from course attendance, when feasible.

2.3. This rule shall provide guidelines for maintaining the academic integrity of the course work in a manner that is reasonably accommodating to the student under the circumstances.

W. Va. Code R. § 135-56-3 Definitions

3.1. Called to Military Duty. Called or ordered to state or federal active service in any active duty or reserve component of the Armed Forces of the United States or of the National Guard of this state or any other state.

3.2. Military Member. Any person who is an active member of the regular military of the United States or a Reserve unit of any branch of the United States military or a National Guard unit.

3.3. Unexpected Withdrawal. A withdrawal from school necessitated solely because of an unforeseen, unplanned, emergent military call up or geographic reassignment that prevents the military member student from attending class and completing coursework as planned. Geographic reassignment must be demonstrated by orders clearly stating that the student is physically relocating during the term in question.

W. Va. Code R. § 135-56-4 Institutional Responsibility

4.1. Each public higher education institution must develop and publish a policy and procedures that address course completion for students called to military duty and include at a minimum the specific provisions identified in Section 4.2 of this rule.

4.2. In the event of an unexpected call to duty, the military member student shall be afforded a choice of options for completion of enrolled coursework.

4.2.1. If the military member student has completed 75 percent or more of the term or the required coursework, s/he may choose to:

4.2.1.a. Receive full credit for the course, with assignment of the grade earned up to the time of the call to duty, or

4.2.1.b. Withdraw from the course without academic penalty and receive no credit for the course pursued.

4.2.2. If the military member student has completed less than 75 percent of the term or the required coursework, s/he may choose to:

4.2.2.a. Receive an “incomplete” grade for the course and, with written verification of concurrence of the instructor or department chair, complete the course within one year of release from military duty. Institutional timelines for completing the coursework and removing the “incomplete” grade shall be published, or

4.2.2.b. Withdraw from the course without academic penalty and receive no credit for the course pursued but receive a proportional refund of tuition and fees and room and board for the term, as permitted within adherence to financial aid regulations.

4.3. Military members seeking relief under this rule must provide proof, in the form of a dated copy of official orders, that the call up or reassignment could not reasonably have been foreseen prior to the beginning of term in which registered.

4.4. This rule shall not be applicable in the case of planned military training during an enrolled term if the planned military training was scheduled and the military member notified of it prior to the beginning of the term.

W. Va. Code R. § 135-56-5 Appeal Process

5.1. Appeals of institutional decisions shall follow the institutional academic grievance process and shall be decided at the institutional level. Once the institutional grievance process has been exhausted, there shall be no further appeal to a higher entity or governing board.

135CSR56

Series 59 Awarding Undergraduate College Credit for Prior Learning, Advanced Placement Credit, College-Level, Examination Program, and Nursing Career Pathway

W. Va. Code R. § 135-59-1 General

1.1. Scope. -- This rule establishes guidelines for West Virginia public community and technical colleges awarding college credit for prior college-level learning through Credit for Prior Learning (CPL), for acceptance of advanced placement credit, for the College-Level Examination Program (CLEP), for completion of the Nursing Career Pathway, and for recognizing skill sets earned through micro-credentials.

1.2. Authority. -- W. Va. Code §§18B-1-6 and 18B-2B-6(c)(19)

1.3. Filing Date. -- July 25, 2024.

1.4. Effective Date. – August 25, 2024.

W. Va. Code R. § 135-59-2 Purpose of Prior Learning Credit

2.1. This procedural rule details the responsibilities of the state community and technical colleges regarding the awarding of college credit for prior college-level learning gained outside the higher education academic environment.

2.2. The West Virginia Council for Community and Technical College Education (Council) recognizes that some students, particularly adults and non-traditional students, may have acquired prior college-level learning through the development of skills or knowledge that closely parallel those outcomes taught in college-level courses. It is important that the State’s community and technical colleges evaluate learning that has taken place outside the higher education academic environment and award academic credit when appropriate.

2.3. The purpose of this rule is to set out the terms and conditions under which West Virginia public community and technical colleges award and/or transfer credits toward a degree or certificate based upon CPL and to provide consistent and accessible methods for students to earn these credits.

2.4. It is the intent of the Council to permit community and technical colleges to award undergraduate academic credit for prior learning through a variety of assessment methodologies that will ensure the academic credibility of such credit. Under these guidelines, in accordance with institutional policies and procedures, each institution shall award academic credit for prior learning that is equivalent to coursework which satisfies the requirements for the degree program in which the student is enrolled.

2.5. The Board of Governors Associate of Applied Science degree program and the Skilled Trades Apprenticeship Nontraditional Degree (STAND) program authorized by W. Va. Code § 18B-3D-7 maintain specific guidelines and requirements for the use of credit for prior learning. This rule does not replace those existing guidelines.

W. Va. Code R. § 135-59-3 Definitions

3.1. “Credit for Prior Learning (CPL)” is defined as the assessment of college-level learning for college credit gained outside the higher education academic environment. For example, individuals may acquire college-level knowledge or skills through work, employee training programs, military service, independent study, non-credit courses, or community service. Only documented and demonstrated college-level learning will be awarded college credit.

The community and technical colleges may assess prior college-level learning through a variety of assessment methods including, but not limited to, the following:

3.1.1. Advanced Placement Exams.

3.1.2. American Council on Education (ACE) Guides.

3.1.3. College Level Examination Program (CLEP) Exams.

3.1.4. DANTES Subject Standardized Test (DSST).

3.1.5. Excelsior College Examination Program (ECE).

3.1.6. Institutional Course Challenge Examination Credit.

3.1.7. International Baccalaureate Program (IB).

3.1.8. Institutional Evaluation of Industry and Workforce Training such as apprenticeships, certifications, and licensure.

3.1.9. Portfolio Assessment/Review Credit.

3.1.10. Prior Military Training Credit.

3.1.11. Nursing Career Pathway.

3.1.12. Micro-credential.

3.2. “Chancellor” means the Chancellor for Community and Technical College Education as defined in W. Va. Code § 18B-1-2 or his or her designee.

3.3. “Council” means the Council for Community and Technical College Education established by W. Va. Code § 18B-2B-3.

3.4. “Secondary school” or “high school” includes traditional public or private high school, charter school, home school, learning pod, microschool, or other educational program authorized by the Legislature that encompasses education commonly received in grades 9 through 12.

3.5. “Micro-credential” is a short, focused credential designed to provide in-demand skills, knowledge, and experience. Micro-credentials may be earned through a course or short series of courses that culminate in a “digital badge,” which offers verified proof of competency and documentation of specific skills gained through the coursework, which is assessed against transparent and clearly defined criteria.

W. Va. Code R. § 135-59-4 Principles

4.1. Students have unique experiences, interests, and intellectual pursuits that may lead to the acquisition of college-level learning. The acquisition of college-level learning is validated by assessment methods that are academically sound and rigorous.

4.2. West Virginia public community and technical colleges shall employ credit for prior learning (CPL) aligned with their respective missions, the principles of academic integrity, resources, and student educational attainment and success.

4.3. West Virginia public community and technical colleges may offer credentialing through micro-credentials that allow for career advancement without full stops for additional degrees; however, credentials may be credit or non-credit.

W. Va. Code R. § 135-59-5 Institutional Policies Regarding Awarding Credit for Prior Learning

5.1. State community and technical colleges shall develop institutional policies for evaluating prior learning and for awarding credit consistent with this rule.

5.1.1. Each institution shall develop appropriate policies and procedures for awarding credit for a student’s prior college-level learning in accordance with this rule, accrediting bodies’ guidelines for prior learning assessment, and principles of good educational practice.

5.1.2. Institutional policy shall apply to all academic programs.

5.2. Institutions shall identify the forms of CPL credits that the institution will award, the processes for acquiring such credit, and make that information publicly available to students, faculty, and other stakeholders.

5.3. Institutions may award academic credit for prior learning that is equivalent to coursework which meets the requirements for the degree program in which the student is enrolled.

5.4. Credit for prior learning may apply toward majors, minors, general education requirements, and electives that count toward the student’s chosen degree or certificate. Credit for Prior Learning may also satisfy prerequisite requirements. College credit awarded through CPL shall not be treated differently in its application and use than its course equivalencies or appropriate block credit.

5.5. Colleges shall award credit for prior learning only to students who are admitted to the institution.

5.6. Credit awarded through CPL shall not count toward institutional residency requirements.

5.7. The institution’s faculty with appropriate professional credentials shall evaluate a student’s portfolio and course-specific examinations to determine whether it meets the standards to award academic credit. The faculty member shall make a recommendation for credit to the appropriate academic officer at the institution in accordance with the institution’s CPL guidelines.

5.8. Institutions must accept CPL credit up to 30 credits for associate degrees and up to nine credits for certificate programs.

5.8.1. Institutions may set a higher limit not to exceed 45 credits for associate degrees or 15 credits for certificate programs.

5.8.2. If a program accrediting body has a specific maximum for CPL credit, then the institution shall honor that maximum for that particular program.

5.9. Credit awarded through Credit for Prior Learning shall be clearly identified as such on a student’s official transcript according to institutional CPL guidelines. The institution shall not use such credit to determine a student’s grade point average or in the calculation of graduation honors. The institution shall record the credit as “Credit” only.

5.10. Students shall submit requests for awards of academic credit for prior learning in accordance with the guidelines established by the institution. Institutions shall establish a written record of their decisions and the basis for the decisions to accept or deny Credit for Prior Learning (whether it is portfolio evaluation or other type of assessment) for academic credit. Institutional policies shall ensure the transparency of the award or denial of CPL credit. Additionally, institutions shall develop and communicate to students a process for appealing CPL decisions.

5.11. The community and technical colleges may charge fees for assessment of Credit for Prior Learning requests, which fees may vary based upon the type of assessment performed. The institutions shall clearly publish and make available to students CPL credit and transcription fees.

5.12. Institutions shall regularly review their CPL policies to ensure that they are consistent with accreditation CPL guidelines and State, regional, and national practices.

W. Va. Code R. § 135-59-6 Transferability of Credit for Prior Learning

6.1. Credits earned through CPL shall be transferable in accordance with 135 C.S.R. 17: Transferability of Credits and Grades at West Virginia Colleges and Universities. Once on a student’s transcript, credits earned through prior learning shall be treated no differently than other credit coursework on a student’s transcript.

6.2. CPL credit awarded at one institution that meets the West Virginia Core Coursework Transfer Agreement or other statewide articulation agreements shall be accepted as transfer credit toward the degree if the student transfers to another West Virginia public college or university in accordance with the guidelines of that particular policy or agreement.

W. Va. Code R. § 135-59-7 Reporting the Awarding of Credit for Prior Learning Credits

7.1. Each institution shall maintain records of the number of students awarded credit for prior learning, the number of credits for prior learning awarded, the type of assessment method(s) used, and other recipient data, which they shall report to the Council on an annual basis. The Chancellor shall develop specific reporting guidelines and advise each institution of those guidelines.

W. Va. Code R. § 135-59-8 Policy for Acceptance of Advanced Placement Credit

8.1. The community and technical colleges shall accept advanced placement credits according to the following guidelines:

8.1.1. High school students completing advanced placement examinations of the College Board with a minimum score of 3 shall receive credit at any state community and technical college, as indicated in the list of advanced placement exams offered by the College Board. The Chancellor maintains a list of all College Board advanced placement exams and the minimum number of credits that each institution shall grant. The college shall award credit solely on the basis of satisfactory performance of a score of 3 or higher on the advanced placement examinations.

8.1.2. When the examination is in the area of the student's major, the institution shall award credit toward the major or the core curriculum.

8.1.3. An academic department within the institution may, upon approval of the institutional faculty, require a higher score than 3 on an advanced placement test if the credit is to be used toward meeting a course requirement for a major in the department.

8.1.4. Credits awarded by regionally or nationally accredited institutions of higher education in West Virginia for successful completion of advanced placement exams are transferable to West Virginia state colleges and universities in accordance with the advanced placement policy of the receiving institution.

W. Va. Code R. § 135-59-9 Institutional Responsibility

9.1. Each institution shall develop guidelines for acceptance of advanced placement credits that are consistent with the provisions of this rule and publish the guidelines in the college bulletin and/or other appropriate institutional publications.

W. Va. Code R. § 135-59-10 Policy for the College-Level Examination Program

10.1. Credit awarded by an institution in conformity with this rule shall be transferable to all West Virginia state colleges and universities. Further, the community and technical college shall award credit only once to recognize mastery of course content. The community and technical college shall not award credit for equivalent courses in which students have already earned such credit through course work, CLEP, institutional challenge examinations, life experience, or other mechanisms.

W. Va. Code R. § 135-59-11 Subject CLEP Examinations

11.1. Community and technical colleges may award credit for the student successfully completing any or all of the CLEP Subject Examinations presently offered or developed in the future. The student must achieve a score equal to or above the required score of the Commission on Educational Credit and Credentials of the American Council on Education for CLEP Exams current at the time the student takes the examination. The college shall award credit in an amount not exceeding the number of semesters for which the examination was designed. The college shall not assign a grade or include the credit in the computation of the student’s grade-point average. The institution shall equate the CLEP credit earned with existing course offerings. If no equivalent course is offered by the institution, the college shall consider the credit earned by CLEP examination elective credit. The colleges shall not award CLEP Subject Examination credit for equivalent courses in which a student has already earned credit.

W. Va. Code R. § 135-59-12 General CLEP Examinations

12.1. As of the effective date of this rule, an institution may award credit within the limits of the most recent recommended CLEP scores posted by The College Board.

12.2. Colleges shall clearly advise students that such credit in general education may not meet specific program requirements of the institution awarding the credit or of other institutions to which the student may later transfer. The credit shall then be used as elective credit. Colleges shall not award CLEP General Examination credit for equivalent courses in which a student has already earned credit.

12.3. An institution awarding credit through CLEP may establish scores higher than specified above for Subject and General Examinations if the institution establishes that the higher scores equate to a satisfactory level of performance by students actually enrolled in the equivalent course(s) at that institution.

W. Va. Code R. § 135-59-13 Academic Record

13.1. The permanent academic record of the student shall indicate which credit was earned by CLEP examination.

W. Va. Code R. § 135-59-14 Enrollment

14.1. Students must be enrolled in an institution in order to receive credit from the institution. Students who have taken CLEP examinations prior to enrollment must submit an official CLEP transcript.

W. Va. Code R. § 135-59-15 Nursing Career Pathway Policy

15.1. The goal of the nursing career pathway is to give students a clear picture of how to enter the profession and a shorter, more affordable way to progress through the education they need. The pathway includes dual or advanced placement credit for high school students when admitted to nursing programs in community and technical colleges, seamless transition to bachelor’s completion degrees in nursing as needed, and employment opportunities as nursing assistants, licensed practical nurses, and registered nurses along the pathway.

15.2. The community and technical colleges shall accept student course credit earned through dual credit as part of the Nursing Career Pathway as higher education credits counting toward credits specific to the major of nursing or nursing science. The student’s secondary school shall identify completion of the nursing pathway on the high school transcript. Students completing the nursing pathway shall also receive the Therapeutic Services Certificate.

15.3. Dual credit courses in the Nursing Career Pathway are developed as required course credit according to West Virginia Board of Education Policy 2510, Assuring Quality of Education: Regulations for Education Programs, and Policy 2520.13, West Virginia College- and Career-Readiness Programs of Study/Standards for Career and Technical Education. These courses include college-level freshmen English, college algebra or statistics, anatomy and physiology, and general psychology. A list of approved dual credit courses may be found on the West Virginia Department of Education’s website.

15.4. Students may also earn college-level credit for the Nursing Career Pathway and specific to the major of nursing or nursing science through Advanced Placement courses (AP) as set out in Section 8 of this rule.

15.5. Nothing in this rule shall prevent institutions from awarding additional dual credit or AP credit toward the Nursing Career Pathway as allowed by the institution’s approved policies for awarding such credit.

W. Va. Code R. § 135-59-16 Micro-Credentials

16.2. Institutions may offer micro-credentials for credit or non-credit to currently enrolled students (internal) or to transient students (external) enrolling for a specific set of courses.

16.3. Micro-credentials awarded to a student may be stackable and grouped or aggregated to provide a pathway to larger credentials. That is, micro-credentials may be used as credits for the awarding of a traditional degree. Non-credit micro-credentials may be converted to credit via the CPL process as outlined in Section 5 of this rule.

16.4. Students who successfully complete a micro-credential, whether credit or non-credit, will earn a digital badge or institutionally recorded and approved credential for verification to students, whether full-time, part-time, or non-credit. Upon successful completion of the micro-credential, institutions shall keep records of all earned non-credit badges or credentials.

Series 60 West Virginia Reverse Transfer Program

W. Va. Code R. § 135-60-1 General

1.1. Scope. -- This policy establishes the process by which a student may be awarded an associate degree which was begun at a West Virginia public institution offering an associate degree but was completed through a West Virginia public four-year college or university.

1.2. Authority. – West Virginia Code §18B-1D-4.

1.3. Filing Date. -- July 30, 2015.

1.4. Effective Date. -- August 31, 2015

W. Va. Code R. § 135-60-2 Purpose

2.1. Reverse transfer is a strategy for increasing the completion rates of students. Students often transfer credit hours from two-year to four-year institutions of higher education. Many students complete an associate degree before transferring to a four-year institution and many others do not earn an associate degree but transfer to another institution where they complete a baccalaureate degree. Some students, however, do not complete either the associate or baccalaureate degree despite earning a significant number of college credits. These students are often left without a postsecondary credential even though they have earned enough credits to be eligible for an associate degree.

2.2. This policy establishes a statewide reverse transfer process that allows any student who has completed the requirements for an associate degree, combining credit hours earned at a public higher education institution in West Virginia that offers an associate degree with hours earned at a public four-year higher education institution, to be awarded that associate degree.

2.3. This policy provides the process by which students who have met degree requirements of an associate degree program can be identified and awarded their first associate degree if that work has been completed at the four-year institution. The application of the reverse transfer process ensures that all eligible students have the opportunity to be awarded a first associate degree that reflects their educational efforts and allows them to compete more successfully in other academic arenas and the workforce.

2.4. As of the effective date noted above, the West Virginia Reverse Transfer (WVRT) policy supersedes all existing reverse transfer agreements. Those students involved in another reverse transfer agreement at the time of the effective date of this policy may choose to complete program requirements under the previous agreement. Students will also be given the option to transition to the new WVRT program, thereby selecting the less restrictive agreement.

W. Va. Code R. § 135-60-3 Definitions

3.1. Degree-Granting Institution (DGI) -- The degree-granting institution is the two-year institution that will award the associate degree to the reverse transfer student. If a student has earned credit hours at more than one institution offering an associate degree, the degree-granting institution will be the institution where the student has accumulated the greatest number of credit hours toward the associate degree. The degree-granting institution will count reverse transfer students in its yearly graduation report.

3.2. Host institution -- The host institution is the institution that will transfer credits back to the degree granting institution. The host institution may be either a four-year or another two-year institution.

3.3. West Virginia Reverse Transfer (WVRT) -- West Virginia Reverse Transfer refers to the statewide program that seeks to identify students who are often left without a postsecondary credential even though they have earned enough credits to be eligible for an associate degree.

3.4. WVRT eligible student -- The WVRT student is the individual who has earned 15 or more college-level, degree-applicable, transferable credits from a two-year institution and who does not currently hold an associate degree or higher. Upon entry into WVRT, the student seeks to complete the requirements for and be awarded the appropriate associate’s degree.

W. Va. Code R. § 135-60-4 Eligibility and Residency Requirements

4.1. Student Eligibility.

4.1.a. Students are not eligible for participation in the WVRT if they currently possess an associate degree or higher.

4.1.b. A student may be simultaneously awarded an associate degree through WVRT and a baccalaureate degree.

4.2. Residency Requirement.

4.2.a. The WVRT student is required to have successfully completed a minimum of 15 credit hours at the West Virginia public institution that will award the associate’s degree. Fifteen credit hours from a single institution is the minimum residency for the WVRT.

W. Va. Code R. § 135-60-5 Institutional Participation

5.1. All West Virginia public higher education institutions shall participate as full members in WVRT.

5.2. The submission of necessary student-level data, for reporting and accountability, is a condition of participation in the WVRT program. At a minimum, this includes data on eligible students, participating students, and completing students in order to assess effectiveness of the program.

W. Va. Code R. § 135-60-6 Participation in the Reverse Transfer Program

6.1. For the initial year of the program’s implementation, the West Virginia Higher Education Policy Commission (Commission) and the West Virginia Council for Community and Technical College Education (Council) will identify potential students for participation in the WVRT program and will notify the participating host institution. After the first year of implementation, it is the host institution’s responsibility to provide the WVRT option to new transfer students from associate degree-granting institutions.

6.1.a. Upon receiving all appropriate information, the DGI will contact the identified eligible student and provide the student with information about the program.

6.1.a.1. The student may elect to pursue the WVRT program by indicating to the host institution to release the student’s transcript to the DGI.

6.1.a.2. If a student chooses to be removed from the program or graduates from the DGI, this will be recorded by the DGI and reported as requested by the Commission or the Council.

6.1.a.3. Host institutions will identify students (active and inactive), those who have completed 15 hours with a single institution but never completed a degree, via an automated search and include them in information relayed to the DGI for contact.

W. Va. Code R. § 135-60-7 Procedures for the Reverse Transfer Program

7.1. The transcripts of WVRT eligible students will be distributed by the host institution, as necessary, to the DGI based upon an initial minimum number of transferrable credit hours completed (e.g., 60 credit hours) and again at established intervals after the initial submission (e.g., annually).

7.1.a. Transcripts submitted from the four-year to the two-year institution for the purposes of conducting a degree audit to determine student eligibility will be sent directly from institution to institution.

7.1.a.1. The release of transcripts will be in accordance with the host institution’s policies.

7.2. The DGI is responsible for reviewing the eligible WVRT student’s transcripts and records and for awarding the degree.

7.2.a. The acceptance of transfer credit will be determined by the DGI.

7.2.b. The requirements for degree completion will be determined by the DGI and that information will be identified to the WVRT student. DGI’s are encouraged to substitute any institution-unique course requirements.

7.3. There will be no time limit on students completing the associate degree through the WVRT. Candidates must meet all institutional degree and programmatic requirements at the DGI.

W. Va. Code R. § 135-60-8 Determination of Degree-Granting Institution

8.1. The DGI shall be the two-year institution where the student has completed the greatest number of transferable credits to the four-year institution. An institution can award reverse transfer degrees only if the student has earned a minimum of 15 credit hours at that institution.

8.2. If the student has earned the same number of transferable credits at two or more institutions the most recently attended institution is identified as the DGI. If multiple options still exist at this point, the student will select the DGI for the associate degree.

8.3. The acceptance of transfer credit will be determined solely by the DGI.

W. Va. Code R. § 135-60-9 Degree Awards

9.1. The WVRT will apply to associate degrees as identified by the DGI.

9.2. There will be nothing to differentiate the WVRT awarded degree from any other degree awarded by the institution on the student’s diploma or transcript.

W. Va. Code R. § 135-60-10 Appeal, Review, and Accountability

10.1. If the WVRT student has a disagreement with DGI decision, that student may appeal said decision by utilizing the student academic affairs appeals process at the DGI.

10.2. The West Virginia Reverse Transfer Policy between public two-year and four-year institutions will be reviewed periodically at the discretion of the Commission and the Council.

10.3. The annual submission of data for both reporting and accountability purposes is necessary for the success of this policy. All institutions will submit data to the Commission and the Council regarding eligible students, participating students, completing students, and other data necessary to assess the effectiveness of WVRT.

135CSR60