West Virginia Code
Chapter 18B. Higher Education

Article 1. Governance

§18B-1-1a. Legislative Intent; Findings; Establishment of State Goals for Higher Education and Education; Creation of Partnership to Achieve State Goals and Objectives - (a) It is the intent of the Legislature in enacting...

§18B-1-1d. Retirement and Separation Incentives - (a) Notwithstanding any other provisions of this code to the...

§18B-1-1e. Public Education and Higher Education Collaboration for the Preparation of Students for College and Other Post-Secondary Education - (a) Purpose. The purpose of this section is as follows:...

§18B-1-1f. State College and University Exemption Status - (a) The Legislature finds that: (1) Efficiencies, entrepreneurialism, and the...

§18B-1-2. Definitions - The following words when used in this chapter and chapter...

§18B-1-3. Transfer of Powers, Duties, Property, Obligations, etc. - (a) All powers, duties and authorities transferred to the board...

§18B-1-4. Prior Transfer of Powers, etc., to Board of Regents; Board of Regents Abolished - (a) All the powers, duties and authorities which the board...

§18B-1-6. Rulemaking - (a) The commission is hereby empowered to promulgate, adopt, amend...

§18B-1-8. Student Rights When Institutional Affiliations or Governance Structures Change - (a) When a conflict exists between academic program requirements at...

§18B-1-8b. Marshall University Graduate College - (a) Notwithstanding any other provisions of this code to the...

§18B-1-11. Colleges and Universities to Provide Appropriate Services to Meet Needs of Students With Handicapping Conditions - Each state funded institution of higher education accepting students with...

Article 1A. Compact With Higher Education for the Future of West Virginia

§18B-1A-4. Legislative Financing Goals - (a) The Legislature recognizes that the higher education goals set...

§18B-1A-5. Financing; Institutional Operating Budgets, Additional Funding - (a) Budget request and appropriations. -- The commission and council...

§18B-1A-6. Graduate Education - (a) Intent. -- It is the intent of the Legislature...

Article 1B. Higher Education Policy Commission

§18B-1B-1. Higher Education Policy Commission Established; Development of Public Policy Agenda - There is hereby created the “Higher Education Policy Commission”, hereinafter...

§18B-1B-2. Composition of Commission; Terms and Qualifications of Members; Vacancies; Eligibility for Reappointment; Oath of Office; Removal From Office - (a) The commission is comprised of nine members, all of...

§18B-1B-3. Meetings and Compensation - (a) The commission shall meet as needed at the time...

§18B-1B-4. Powers and Duties of Higher Education Policy Commission - (a) The primary responsibility of the commission is to provide...

§18B-1B-5. Employment of Chancellor for Higher Education; Office; Powers and Duties Generally; Employment of Vice Chancellors and Other Staff - (a) The commission, created by 18B-1B-1 of this code, shall...

§18B-1B-6. Appointment of Institutional Presidents; Evaluation - (a) Appointment of institutional presidents. Appointment of presidents of the...

§18B-1B-7. Student Mental Health Policies; Suicide Prevention - (a) Each public and private institution of higher education shall...

§18B-1B-12. Research Challenge - (a) There is established in the State Treasury a special...

Article 1C. West Virginia University Institute of Technology

§18B-1C-1. Legislative Findings and Intent - (a) The Legislature recognizes that: (1) West Virginia University Institute...

§18B-1C-2. West Virginia University Institute of Technology; Division of West Virginia University - (a) West Virginia University Institute of Technology is a fully...

Article 1D. Higher Education Accountability

§18B-1D-1. Master Plan Repealed; Accountability System Continued - (a) The Legislature finds that: (1) Accountability and strategic planning...

§18B-1D-6. State Compacts; Legislative Intent; Rule Required; Implementation Plans Authorized - (a) It is the intent of the Legislature that members...

§18B-1D-7. Findings; Establishment of Institutional Compacts; Compact Elements; Submission Date; Review and Approval Process; Rule Required - (a) The Legislature finds that West Virginia long has recognized...

§18B-1D-8. Publication of Institution and System Data - (a) The purpose of the institutional and statewide data reporting...

§18B-1D-8a. Modification to Reporting Requirements to the Legislative Oversight Commission on Education Accountability - (a) Notwithstanding any other provisions of this code to the...

§18B-1D-9. Commission, Council and Institutional Governing Board Training and Development; Training and Development Requirements, Applicability and Exceptions - (a) The commission and council, either jointly or separately, shall...

§18B-1D-10. State Data Sharing Compact; Legislative Intent; Findings; Definitions - (a) The intent of the Legislature in enacting this section...

§18B-1D-11. State Advisory Council on Postsecondary Attainment Goals - (a) There is hereby created the State Advisory Council on...

Article 1F. Management Agreements for the Higher Education Policy Commission

§18B-1F-1. Legislative Findings and Purpose - (a) The Legislature finds that economic development in West Virginia...

§18B-1F-2. Definitions - The following words used in this article have the meanings...

§18B-1F-3. Commission Authorized to Contract With Corporation; Corporation to Meet Essential Criteria; Corporation Membership and Organization; Financial Requirements - (a) The commission is authorized to enter into agreements and...

§18B-1F-4. Powers and Duties of Board of Directors and Corporation - (a) The primary responsibility of the corporation is to manage...

§18B-1F-5. Appointment of Executive Director; Qualifications - (a) The commission shall set the qualifications for the position...

§18B-1F-6. Agreements; Required Provisions - (a) The commission may enter into agreements or other contractual...

§18B-1F-7. Audits Required; Financial Reports; Conflicts of Interest - (a) The financial statements of the corporation shall be audited...

§18B-1F-8. No Waiver of Sovereign Immunity; Not Obligation of the State - (a) Nothing contained in this article waives or abrogates in...

§18B-1F-9. Legislative Findings and Intent; Memorandum of Agreement Required; Terms and Conditions; Reports - (a) The Legislature finds that the Technology Park is a...

§18B-1F-10. Department of Commerce to Study and Report Relating to Research and Technology Parks - The West Virginia Development Office shall research, investigate and make...

Article 2. University of West Virginia Board of Trustees

§18B-2-6. Health Sciences Education; Legislative Findings and Intent - (a) The Legislature hereby finds and declares that the higher...

§18B-2-8. Consortium of Comprehensive Child Development Centers; Establishment and Operation of a Consortium of Comprehensive Child Development Centers - (a) There is hereby established a consortium of comprehensive child...

Article 2A. Institutional Boards of Governors

§18B-2A-1. Findings; Composition of Boards; Terms and Qualifications of Members; Vacancies; Eligibility for Reappointment - (a) Findings. ( The Legislature finds that the State of...

§18B-2A-2. Meetings - (a) The boards of Governors shall hold at least six...

§18B-2A-3. Oversight of Governing Boards; Promulgation of Rules; Data Collection and Dissemination - (a) The governing boards are subject to the oversight of...

§18B-2A-4. Powers and Duties of Governing Boards Generally - Each governing board separately has the following powers and duties:...

§18B-2A-5. Public School Service Program - Each governing board shall establish and implement a policy through...

§18B-2A-6. University Status for Public Baccalaureate Institutions of Higher Education - (a) The purpose of this section is to redesignate certain...

§18B-2A-7. Transfer of Orders, Resolutions, Policies and Rules, Obligations, etc.; Division of Assets and Liabilities; Financial Audits - (a) When a board of Governors is established for the...

§18B-2A-7a. Transfer of Orders, Resolutions, Policies and Rules, Obligations, etc. - (a) Effective July 1, 2008, a governing board is established...

§18B-2A-8. Additional Powers and Duties of Governing Boards - (a) The governing board of a state institution of higher...

Article 2B. West Virginia Council for Community and Technical College Education

§18B-2B-1. Legislative Findings; Intent; Purpose - (a) The Legislature hereby finds that: (1) The goals, objectives...

§18B-2B-2. Definitions - The following words when used in this article have the...

§18B-2B-3. West Virginia Council for Community and Technical College Education; Supervision of Chancellor; Chief Executive Officer - (a) There is continued the West Virginia Council for Community...

§18B-2B-4. Appointment, Composition and Terms of Council - (a) The council is comprised of thirteen members selected as...

§18B-2B-5. Meetings and Compensation - (a) The council shall meet as needed at the time...

§18B-2B-6. Powers and Duties of the Council - (a) The council is the sole agency responsible for administration...

§18B-2B-7. Powers and Duties of the Chief Executive Officer - The chancellor for community and technical college education is the...

§18B-2B-8. State Advisory Committee of Community and Technical College Presidents - (a) There is continued the state advisory committee of community...

§18B-2B-9. Permits Required for Correspondence, Business, Occupational and Trade Schools; Surety Bonds Amount and Method of Bonding; Fees; Issuance, Renewal and Revocation of Permit; Reports; Rules; Penalty and Enforcement - (a) The following words when used in this section have...

Article 2C. West Virginia Community and Technical College

§18B-2C-1. Legislative Findings; Intent - (a) Legislative findings. -- (1) The Legislature hereby finds that...

§18B-2C-2. Definitions - The following words when used in this article and article...

§18B-2C-3. Authority and Duty of Council to Determine Progress of Community and Technical Colleges; Conditions; Authority to Create West Virginia Community and Technical College - (a) The council annually shall review and analyze all the...

§18B-2C-4. Authority of Council in Creating West Virginia Community and Technical College - (a) Subject to the provisions of subsection (c), section three...

§18B-2C-5. Transfer of Powers, Duties, Property, Obligations, etc., of Prior Governing Boards to the Governing Board of West Virginia Community and Technical College - If the commission determines that any of the conditions provided...

§18B-2C-6. Powers and Duties of Governing Board for the West Virginia Community and Technical College - (a) The council created pursuant to article two-b of this...

§18B-2C-7. Powers and Duties of Vice Chancellor as President of the West Virginia Community and Technical College - The vice chancellor serves as the acting president of the...

Article 3. Additional Powers and Duties of Research Doctoral-Granting Public Universities

§18B-3-1. Legislative Findings, Purpose; Intent; Definition - (a) The Legislature finds that an effective and efficient system...

§18B-3-2. Computer and Computer Equipment Donation Program - Notwithstanding any other provision of this code to the contrary,...

§18B-3-3. Relationship of Governing Boards to the Commission and the Council - (a) Relationship between the commission and the governing boards. --...

§18B-3-4. Duty of Governing Boards to Address State Priorities - The expertise of faculty and graduate students at state institutions...

Article 3B. Collaborative Degree Completion Program

§18B-3B-1. Legislative Findings and Intent - (a) The Legislature makes the following findings: (1) Evidence from...

§18B-3B-2. Collaborative Degree Completion Program Established; Program Applicability and Objectives - (a) The Collaborative Degree Completion Program is hereby established as...

§18B-3B-3. Powers and Duties of Agencies Participating in Collaborative Degree Completion Program - Members of each community and technical college/career and technical education...

Article 3C. Community and Technical College System

§18B-3C-1. Legislative Findings - (a) The Legislature makes the following findings related to state...

§18B-3C-2. Legislative Intent - The following comprise the intent of the Legislature in enacting...

§18B-3C-3. Essential Conditions for Community and Technical College Programs and Services - The Legislature hereby establishes the following essential conditions for community...

§18B-3C-4. Community and Technical College/career and Technical Education Consortia Planning Districts - (a) Unless otherwise designated, the presidents of the community and...

§18B-3C-5. Appointment of Community and Technical College Presidents - (a) The administrative head of a community and technical college...

§18B-3C-6. Community and Technical College Programs - (a) The mission of each community and technical college includes...

§18B-3C-7. Blue Ridge Community and Technical College - The Community and Technical College of Shepherd is hereafter named...

§18B-3C-7a. Bridgemont Community and Technical College; Kanawha Valley Community and Technical College; Mountwest Community and Technical College - (a) The Community and Technical College at West Virginia University...

§18B-3C-8. Legislative Findings and Intent; Statewide Network of Independently Accredited Community and Technical Colleges; Operations and Administration - (a) Legislative findings. -- (1) The Legislature has enacted legislation,...

§18B-3C-9. Increasing Flexibility for Community and Technical Colleges - (a) Notwithstanding any rules or procedures of the governing boards...

§18B-3C-10. Freestanding Community and Technical Colleges; Tuition and Fees - (a) Each governing board may fix tuition and establish and...

§18B-3C-11. Shared Facilities and Resources; Memoranda of Agreements; and Joint Administrative Boards - (a) To the maximum extent feasible, community and technical colleges...

§18B-3C-12. Relationship Between Independent Community and Technical Colleges and Former Sponsoring Institutions - (a) Intent and purposes. -- (1) It is the intent...

§18B-3C-13. Legislative Intent; Pierpont Community and Technical College Established as Independent State Institution of Higher Education; Governing Board; Institutional Organization, Structure, Accreditation Status - (a) The intent of the Legislature in enacting this section...

§18B-3C-14. Findings; Intent; Advanced Technology Centers Established; Administration; Boards of Advisors - (a) Findings. -- (1) The Legislature finds that ninety percent...

§18B-3C-15. Transition Oversight - (a) The Legislative Oversight Commission on Education Accountability is charged...

§18B-3C-16. Encouragement of Collaborative Agreements Between Community and Technical Colleges and Federally Registered Apprenticeship Programs - (a) The Legislature finds that apprenticeship programs provide a valuable...

Article 3D. Workforce Development Initiative

§18B-3D-1. Legislative Findings and Intent - (a) The Legislature finds that a recent statewide study of...

§18B-3D-2. Workforce Development Initiative Program Continued; Purpose; Program Administration; Rule Required - (a) The Workforce Development Initiative Program is continued under the...

§18B-3D-3. Mission of the Workforce Development Initiative Program - (a) The statewide mission of the Workforce Development Initiative Program...

§18B-3D-4. Grant Application Procedures - (a) In order to participate in the workforce development initiative...

§18B-3D-5. Legislative and Emergency Rules - (a) The council shall propose a legislative rule pursuant to...

§18B-3D-6. Learn and Earn Cooperative Education Program Established - (a) Legislative findings. (1) The Legislature finds that many West...

Article 3E. Eastern West Virginia Community and Technical College

§18B-3E-1. Legislative Findings and Intent - (a) The Legislature finds that the potomac highlands is an...

§18B-3E-2. Establishment and Operation of Eastern West Virginia Community and Technical College; Authority and Duty to Purchase Property, Expend Appropriations and Conduct Programs - (a) The board of directors shall establish, operate and maintain...

Article 3F. Reorganization of Community and Technical Colleges

§18B-3F-1. Legislative Findings - (a) The Legislature finds that while certain areas of the...

§18B-3F-2. Definitions - (a) General. – For the purposes of this article, terms...

§18B-3F-3. Appointment of Institutional Board of Governors - (a) Effective June 30, 2013, Bridgemont Community and Technical College...

§18B-3F-4. Powers and Duties of Board of Governors - (a) The actions of the board of governors appointed pursuant...

§18B-3F-5. Appointment of Institutional President; Other Officers - (a) The board of governors shall designate the president of...

§18B-3F-6. Budget; Transfer of Financial Assets, Property, Liability, Orders, Policies, Procedures, etc. - When a consolidated institution is formed: (1) The operating budget...

§18B-3F-7. Administrative Planning Committee; Purpose; Membership; Duties; Termination - (a) On the effective date of this article, or as...

§18B-3F-8. Strategic Reorganization Plan - (a) The board of governors, with the advice of the...

§18B-3F-9. Rights and Benefits of Employees of Affected Institutions; Positions to Be Abolished; Notice of Employment Status by Certain Date Required - (a) When a consolidated institution is formed, the faculty, classified...

§18B-3F-10. Transfer of Students - When a consolidated institution is formed, the students of the...

Article 4. General Administration

§18B-4-1. Employment of Chancellors; Designation of Staff; Offices - (a) The council and commission each shall employ a chancellor...

§18B-4-2. Employment of Vice Chancellor for Administration; Office; Powers and Duties Generally - (a) By and with the advice and consent of the...

§18B-4-2a. Development of Benefit Programs; Assistance to Organizations - The chancellor or a qualified designee shall: (1) Chair the...

§18B-4-3. Authority to Participate in Reciprocal Regional and Interstate Higher Educational Agreements - In order to provide higher educational opportunities at minimum cost...

§18B-4-4. State Agency for Participation in Federal and Private Grants to Higher Education; Related Powers and Duties - The governing boards, on behalf of the State of West...

§18B-4-5. Campus Police Officers; Appointment; Qualifications; Authority; Compensation and Removal; Law Enforcement Grants - (a) The governing boards may appoint qualified individuals to serve...

§18B-4-5a. Crimes Committed on Campus of Institutions of Higher Education - (a) The president or a designee of each state institution...

§18B-4-6. Regulation of Parking, Speed Flow of Traffic on Campus Roads and Driveways; Civil and Criminal Penalties; Disposition of Revenue - (a) Notwithstanding any other motor vehicle or traffic law or...

§18B-4-7. Accreditation of Institutions of Higher Education; Standards for Degrees - (a) The council shall make rules for the accreditation of...

§18B-4-8. West Virginia Anatomical Board; Powers and Duties Relating to Anatomical Gifts; Requisition of Bodies; Autopsies; Transportation of Bodies; Expenses of Preservation - (a) The West Virginia Anatomical Board, previously created herein, is...

§18B-4-9. Development of Services and Facilities for Student Veterans - (a) Legislative findings. -- The Legislature finds that veterans of...

§18B-4-10. Course Completion for Students Called to Military Duty; Rule Required - (a) As used in this section, "called to military duty"...

Article 5. Higher Education Budgets and Expenditures

§18B-5-3. Authority to Contract for Programs, Services and Facilities - (a) The governing boards, the commission, and the council are...

§18B-5-4. Purchase or Acquisition of Materials, Supplies, Equipment, Services, and Printing - (a) The council, commission, and each governing board shall purchase...

§18B-5-4a. Construction Projects - Notwithstanding any other provision of this code to the contrary,...

§18B-5-5. Prequalification Disclosure by Vendors; Register of Vendors; Exceptions; Suspension of Vendors - (a) Every person, firm or corporation selling or offering to...

§18B-5-6. Other Code Provisions Relating to Purchasing and Design-Build Procurement Not Controlling; Exceptions; Criminal Provisions and Penalties; Financial Interest of Governing Boards, etc.; Receiving Anything of Value From Interested Party and Pe... - (a) The provisions of article three, chapter five-a of this...

§18B-5-7. Disposition of Obsolete and Unusable Equipment, Surplus Supplies and Other Unneeded Materials - (a) The commission, the council and the governing boards shall...

§18B-5-9. Higher Education Fiscal Responsibility - (a) The governing boards shall ensure the fiscal integrity of...

§18B-5-10. Medical Professional Liability Insurance and Risk Management Functions - (a) The Legislature finds that, while recent reforms have helped...

§18B-5-11. Energy and Water Savings Revolving Loan Program Fund - (a) There is created in the state Treasury a special...

Article 6. Advisory Councils

§18B-6-1a. Definitions - For the purposes of this article, the following words have...

§18B-6-2. State Advisory Council of Faculty - (a) There is continued the state advisory council of faculty....

§18B-6-3. Institutional Faculty Senate - (a) Effective July 1, 2004, a faculty Senate is established...

§18B-6-4. State Advisory Council of Students - (a) There is continued the state advisory council of students....

§18B-6-5. State Advisory Councils of Classified Employees - (a) There is hereby continued the state advisory council of...

§18B-6-6. Institutional Classified Employee Council - (a) There is continued at each institution of higher education...

Article 7. Personnel Generally

§18B-7-1. Legislative Intent and Purpose - (a) The intent of the Legislature in enacting this article...

§18B-7-2. Definitions - For the purposes of this article and articles eight, nine...

§18B-7-3. Reducing Workforce - (a) Definitions for terms used in this section have the...

§18B-7-4. Supplemental Health and Welfare Benefit Plans - (a) An organization may contract for supplemental health and welfare...

§18B-7-5. Supplemental and Additional Retirement Plans for Employees; Payroll Deductions; Authority to Match Employee Contributions; Retroactive Curative and Technical Corrective Action - (a) Any reference in this code to the "additional retirement...

§18B-7-6. Continuing Education and Professional Development - (a) Each higher education organization shall establish and operate an...

§18B-7-7. Employment Practices - (a) Each governing board, with the advice and assistance of...

§18B-7-10. Compensatory Time Off in Lieu of Overtime; Written Agreement; Other Conditions - (a) Notwithstanding any provision of this code to the contrary,...

§18B-7-13. Probationary Employment Period; Evaluation - Each full-time classified employee hired by an organization shall serve...

§18B-7-14. Higher Education Employees' Catastrophic Leave Bank and Leave Transfer - (a) For the purposes of this section, "employee" means either...

§18B-7-15. Merit Increases - Higher education organizations may grant merit increases which are in...

§18B-7-16. Study of Employment Practices - (a) The commission and council shall study the following issues...

Article 8. Higher Education Full-Time Faculty Salaries

§18B-8-1. Definitions - As used in this article: (a) "Academic rank", "rank" or...

§18B-8-2. Faculty Salary Rules; Salary Increase Upon Promotion in Rank - (a) Each governing board shall promulgate and adopt a faculty...

§18B-8-3. Authority to Grant Sabbatical Leave - A governing board may grant sabbatical leave to a faculty...

§18B-8-4. Effect of Leave of Absence on Academic Tenure, Rank, etc. - (a) Notwithstanding any provision of law to the contrary, a...

§18B-8-5. Notice to Probationary Faculty Members of Retention or Nonretention; Hearing - (a) For the purposes of this section, "Probationary faculty member"...

§18B-8-6. Faculty Employment Practices; Campus Administrators Required to Teach or Perform Research - Each governing board, with the advice and assistance of the...

§18B-8-7. Authority of Governing Boards Relating to Faculty - Consistent with this article, and after consulting with and providing...

Article 9A. Classification and Compensation System

§18B-9A-1. Legislative Intent and Purpose - (a) The intent of the Legislature in enacting this article...

§18B-9A-2. Definitions - As used in this article and articles seven, eight and...

§18B-9A-4. Job Classification System; Job Classification Committee Established; Membership; Meetings; Powers and Duties - (a) The commission and council jointly shall maintain a uniform...

§18B-9A-5. Compensation Planning and Review Committee Established; Membership; Meetings; Powers and Duties - (a) Pursuant to the rule authorized in section seven of...

§18B-9A-5a. Restriction on Duties of Job Classification Committee and Compensation Planning and Review Committee - The commission and council may not delegate any of the...

§18B-9A-6. Salary Structure and Salary Schedules - (a) The commission and council shall develop and maintain a...

§18B-9A-7. Classification and Compensation Rules Required - (a) Notwithstanding any provision of law or rule to the...

Article 9B. Organization Personnel Rules

§18B-9B-1. Flexibility to Adopt Personnel Rules; Emergency Rule Authorized - (a) West Virginia University; Marshall University; West Virginia School of...

Article 10. Fees and Other Money Collected at State Institutions of Higher Education

§18B-10-1. Enrollment, Tuition and Other Fees at Education Institutions; Refund of Fees - (a) Each governing board shall fix tuition and other fees...

§18B-10-1a. Resident Tuition Rates for Members of the National Guard, Reserves, and Armed Forces - (a) The term "resident" or "residency", or any other term...

§18B-10-1b. Special Equity Fee; Purpose; Exemptions - In addition to the other fees provided in this article,...

§18B-10-1c. Definitions - For the purposes of this article, the following words have...

§18B-10-2. Higher Education Resource Assessment - (a) Pursuant to the authority granted by section four, article...

§18B-10-4. Medical Education - The commission shall determine an appropriate portion of all tuition...

§18B-10-4b. Additional Fee Waivers for Health Sciences and Technology Academy Programs - (a) In addition to the number of fee waivers permitted...

§18B-10-5. Fee Waivers -- Undergraduate Schools - Each governing board periodically may establish fee waivers for students...

§18B-10-6. Fee Waivers -- Professional and Graduate Schools - In addition to the fee waivers authorized for undergraduate study...

§18B-10-6a. Undergraduate, Graduate and Professional Fee Waivers – Marshall University and West Virginia University - (a) Undergraduate fee waivers. -– (1) The governing boards of...

§18B-10-7. Tuition and Fee Waivers for Children and Spouses of Officers, Firefighters, National Guard Personnel, Reserve Personnel and Active Military Duty Personnel Killed in the Line of Duty - (a) Each state institution of higher education shall waive tuition...

§18B-10-7a. Tuition and Fee Waivers or Adjustments for Residents at Least Sixty-Five Years Old - (a) Each governing board shall promulgate a rule establishing a...

§18B-10-7b. Tuition Waivers for High School Graduates in Foster Care - The governing boards shall make provision for institutions under their...

§18B-10-7c. Tuition and Fee Waivers for Certain Veterans Receiving Federal Educational Assistance Benefits - (a) The Legislature finds that: (1) The United States Congress,...

§18B-10-7d. Tuition Waivers for National Service Volunteers Serving in West Virginia - (a) The governing boards shall make provision for institutions under...

§18B-10-8. Collection; Disposition and Use of Capital and Auxiliary Capital Fees; Creation of Special Capital and Auxiliary Capital Improvements Funds; Revenue Bonds - (a) This section and any rules adopted by the commission,...

§18B-10-9. Authority to Excuse Students in Certain Educational Programs From Payment of Enrollment Fees - Whenever the cost of any institute, workshop, special course, or...

§18B-10-10. The Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver - (a) This section is known as the Medal of Honor...

§18B-10-11. Fees and Money Derived From Athletic Contests - The governing board of a state institution of higher education...

§18B-10-12. Student Activities - (a) The governing board of a state institution of higher...

§18B-10-13. Fees From Operation of Dormitories, Faculty Homes, Dining Halls and Cafeterias - The appropriate governing board of each state institution of higher...

§18B-10-14. Bookstores - (a) Definitions: The following words when used in this section...

§18B-10-15. Authority of Educational Institutions to Provide Special Services and Programs; Collection and Disposition of Fees Therefor - (a) The governing board of each state institution of higher...

§18B-10-16. Disposition of Funds in State Treasury - Except as may be provided for in any bond resolution...

Article 11. Miscellaneous Institutes and Centers

§18B-11-1. Center for Regional Progress Created; Director Powers; Mission and Purpose - (a) There is hereby created an economic development entity known...

§18B-11-2. Institute for Public Affairs; Creation and Purposes - (a) There is hereby created as an independent entity the...

§18B-11-3. Institute for International Trade Development; Creation and Purpose - There is hereby created as an independent entity the institute...

§18B-11-7. Regional Brownfield Assistance Centers - (a) For the purposes of this section, "eligible entities" means...

Article 11A. State Autism Training Center

§18B-11A-1. Purpose - The purpose of the Legislature in the enactment of this...

§18B-11A-2. Definitions - For the purposes of this article: (a) "Board" means the...

§18B-11A-3. Powers and Duties of Board of Governors and State Autism Center - The board of Governors is authorized to operate a state...

§18B-11A-4. Responsibilities of Center - The center shall, through appropriate identification, evaluation, education, individual training...

§18B-11A-5. Rules and Regulations - The board, after consultation with the center, shall make and...

§18B-11A-6. Advisory Board - The board of Governors shall appoint a board of West...

§18B-11A-7. Trainee Team; Expense - The primary method of providing services through the center is...

Article 11B. West Virginia Poison Center

§18B-11B-1. Intent - The Legislature hereby finds that the current level of scientific...

§18B-11B-2. West Virginia Poison Center Continued; Certification - (a) The West Virginia Poison Center (hereinafter referred to as...

§18B-11B-3. Advisory Board - There is hereby created the West Virginia Poison Center Advisory...

§18B-11B-4. Center Responsibilities - The center shall provide: (1) Twenty-four hour, seven days a...

§18B-11B-5. Powers and Responsibilities of the Director - The Director of the West Virginia Poison Center: (1) Shall...

§18B-11B-6. Immunity of Center and Staff - Neither the director nor any employee of the center staff...

Article 12. Research and Development Agreements for State Institutions of Higher Education

§18B-12-1. Definitions - The following words used in this article shall, unless the...

§18B-12-2. Legislative Findings and Purpose - (a) The Legislature finds and determines that the future economic...

§18B-12-3. Boards Authorized to Contract With Corporations; Characteristics of Corporations - Each governing board for a state institution of higher education...

§18B-12-4. Agreement; Required Provisions - (a) Notwithstanding section ten, article three, chapter twelve of this...

§18B-12-5. Audit - The operations of the corporation shall be subject to an...

§18B-12-6. Conflicts of Interest - Notwithstanding any other provision of this code to the contrary,...

§18B-12-7. No Waiver of Sovereign Immunity - Nothing contained in this article shall be deemed or construed...

§18B-12-8. Not Obligation of the State - Obligations of a corporation shall not constitute debts or obligations...

§18B-12-9. Sections and Provisions Severable - The sections of this article, and the provisions and parts...

§18B-12-10. Assignment or Transfer of Property to Certain Corporations - (a) Institutional boards of Governors may provide and transfer funding...

Article 12A. Centers for Economic Development and Technology Advancement

§18B-12A-1. Legislative Findings and Purpose - (a) The Legislature finds that economic development in West Virginia...

§18B-12A-2. Definitions - The following words used in this article have the meaning...

§18B-12A-3. Establishment of Centers for Economic Development and Technology Advancement; Doctoral Institutions Authorized to Enter Into Agreements - There is authorized the establishment of independent entities to be...

§18B-12A-4. Powers and Duties of Governing Bodies and Centers - The primary responsibility of each center is to foster and...

§18B-12A-5. Appointment of President; Qualifications - (a) The governing body of each center shall employ a...

§18B-12A-6. Agreements; Required Provisions - (a) Notwithstanding section ten, article three, chapter twelve of this...

§18B-12A-7. Audit - The operations of the center are subject to an audit...

§18B-12A-8. Conflicts of Interest - Notwithstanding any other provision of this code to the contrary,...

§18B-12A-9. No Waiver of Sovereign Immunity - Nothing contained in this article may be construed to waive...

§18B-12A-10. Not Obligation of the State - Obligations of a governing body or its center do not...

Article 13. Higher Education -- Industry Partnerships

§18B-13-1. Legislative Findings; Intent; Definition - (a) Legislative findings. -- The Legislature finds that a pressing...

§18B-13-2. Higher Education-Industry Collaboration and Technical Assistance - Each governing board of a state institution of higher education...

§18B-13-3. Powers and Duties - (a) The West Virginia Development Office, in consultation with the...

§18B-13-4. High-Tech Research Zones, Parks and Technology Centers; Tax Incentives - (a) For the purposes of this subsection, a "qualified state...

§18B-13-5. Use of State Property and Equipment; Faculty - (a) The governing boards are authorized to provide for the...

Article 14. Miscellaneous

§18B-14-1. Select Committee on Outcomes-Based Funding Models in Higher Education - (a) The Legislature makes the following findings regarding public higher...

§18B-14-2. Transfer of Credit for Courses Completed - (a) The Legislature finds that: (1) The state has an...

§18B-14-3. College Credit Authorized for Learning English as Second Language - State Institutions of higher education are authorized to offer college...

§18B-14-9. Legislative Findings; Establishment of Study Committee; Membership; Recommendations on Higher Education Facilities - (a) The Legislature finds that it is in the best...

§18B-14-10. Credit Card Solicitation on College Campuses; Regulation of Credit Card Marketing - (a) Definitions. -– For the purposes of this section, the...

Article 15. Severability

§18B-15-1. Severability - Pursuant to section ten, article two, chapter two of this...

Article 16. Health Care Education

§18B-16-1. Short Title - This article shall be known and may be cited as...

§18B-16-2. Legislative Findings and Declarations - (a) The Legislature hereby finds and declares that the health...

§18B-16-3. Definitions - For purposes of this article, and in addition to the...

§18B-16-4. Establishment of Rural Health Initiative; Goals of Rural Health Initiative - There is hereby established a rural health initiative under the...

§18B-16-5. Powers and Duties of the Vice Chancellor - In addition to all other duties assigned to the vice...

§18B-16-7. Establishment and Operation of Primary Health Care Education Sites - (a) In addition to the authority granted elsewhere in this...

§18B-16-8. Allocation of Appropriations - (a) The primary health care education sites established under this...

§18B-16-9. Accountability; Reports and Audit Required - (a) The vice chancellor, with the assistance of the advisory...

Article 17. Legislative Rules

§18B-17-1. Legislative Authorization; Effective Date of Rules; Technical Deficiencies Waived - (a) Under the provisions of article three-a, chapter twenty-nine-a of...

§18B-17-2. Authorizing Rules of Higher Education Policy Commission - (a) The legislative rule filed in the State Register on...

§18B-17-3. Authorizing Rules of the Council for Community and Technical College Education - (a) The legislative rule filed in the State Register on...

§18B-17-4. Higher Education Policy Commission - (a) The legislative rule filed in the state register on...

§18B-17-5. Authorizing West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence Scholarship Program (Promise) - The legislative rule filed in the state register on January...

§18B-17-6. Authorizing Rules of Higher Education Policy Commission - (a) The legislative rule filed in the state register on...

Article 18. Eminent Scholars Endowment Trust Fund Act

§18B-18-1. Legislative Findings - (a) The Legislature hereby finds that the essence of excellence...

§18B-18-2. Definition - Whenever the following term is used in this article, it...

§18B-18-3. Establishment of Funds - There is hereby established at each state institution of higher...

§18B-18-4. Powers and Duties of Governing Boards - (a) Each board of Governors is hereby expressly authorized to...

§18B-18-5. Administration of Fund - (a) Each eminent scholars endowment trust fund established at a...

§18B-18-6. Duties of Higher Education Policy Commission - The Higher Education Policy Commission shall: (a) Establish documentation standards...

§18B-18-7. Process for Preparation of Executive Budget - (a) The Governor shall consider for inclusion in the appropriate...

§18B-18-8. Selection of Eminent Scholars - (a) Each institution shall establish criteria for the selection of...

§18B-18-9. Authorization to Solicit Private Moneys; Terms of Grants; Reports; Handling of Moneys - Each institution, and each dean and department chair within each...

§18B-18-10. Other Funds - Effective July 1, 2002, all funds existing in accounts established...

Article 18A. Directed Research Endowments

§18B-18A-1. Legislative Findings; Purpose; and Intent - (a) The Legislature finds that the continued expansion of the...

§18B-18A-2. Definitions - (a) General. – For the purposes of this article, terms...

§18B-18A-3. West Virginia Research Trust Fund; Use of Investment Earnings - (a) There is continued in the State Treasury a special...

§18B-18A-4. Directed Research Endowments - (a) The governing board of each participating institution may create...

§18B-18A-5. Qualified Private Donations - (a) Private donations and pledges to a research endowment meet...

§18B-18A-6. Eligible Uses of Directed Research Endowment Proceeds - (a) Endowment proceeds may be expended by a participating institution...

§18B-18A-7. Directed Research Endowment Plans - (a) To facilitate the goals of this article and to...

§18B-18A-8. Distributions From West Virginia Research Trust Fund - (a) A participating institution seeking a distribution of matching moneys...

§18B-18A-9. Reallocation of Matching Moneys - (a) No later than seven years from the July 1,...

§18B-18A-10. Distributions to State Colleges - (a) The commission may use a portion of those moneys...

§18B-18A-11. Higher Education Policy Commission Rule - (a) The commission's legislative rule to implement the provisions and...

§18B-18A-12. Annual Report - By January 1, 2010, and annually thereafter, the commission shall...

Article 18B. Science and Research Council

§18B-18B-1. Science and Research Council Established; Purposes - (a) The Science and Research Council is hereby established. For...

§18B-18B-2. Strategic Plan; Reports - (a) The council shall develop a strategic state plan for...

Article 19. Capital Projects and Facilities Needs

§18B-19-1. Legislative Findings and Intent - (a) The Legislature makes the following findings: (1) State institutions...

§18B-19-2. Definitions - As used in this article, the following terms have the...

§18B-19-3. System Capital Development Planning - (a) By December 31, 2017, the commission and council, jointly...

§18B-19-4. Campus Development Plans - (a) Each governing board shall update its current campus development...

§18B-19-5. Capital Appropriation Requests - (a) The commission and council each shall submit a prioritized...

§18B-19-6. Capital Project Financing - (a) The commission and governing boards, jointly or singly, may...

§18B-19-7. Capital Project Management - (a) The commission, council and governing boards, as responsibility is...

§18B-19-8. Maintenance - (a) Each governing board shall ensure that facilities under its...

§18B-19-9. Higher Education Facilities Information System - (a) The commission and council jointly shall develop and maintain...

§18B-19-10. Authorization to Sell and Transfer Property; Use of Proceeds - (a) Notwithstanding any other provision of law or this code...

§18B-19-11. Authorization to Lease-Purchase - (a) The commission or council may enter into lease-purchase agreements...

§18B-19-12. Authorization to Lease - (a) Notwithstanding any other provision of this code to the...

§18B-19-13. Real Property Contracts and Agreements - (a) In addition to the requirements otherwise provided in this...

§18B-19-14. Authorization for Sale Lease-Back - (a) Notwithstanding any other provision of this code to the...

§18B-19-15. Construction and Operation of Auxiliary Facilities; Fees for Auxiliary Enterprises - (a) A governing board may provide, construct, erect, improve, equip,...

§18B-19-16. Condemnation Generally - (a) The commission, council and governing boards each may acquire...

§18B-19-17. Legislative Rule - The commission and council jointly shall propose a rule or...

§18B-19-18. Reporting - (a) By July 1, 2013, and annually thereafter, the commission...

§18B-19-19. Applicability to Certain Institutions - The governing boards of the exempted schools each may, without...

Article 20. Free Expression on Campus

§18B-20-1. Definitions - As used in this article: (1) "Campus community" includes students,...

§18B-20-2. Protected Expressive Activities - Expressive activities protected under the provisions of 18-1-1 et seq....

§18B-20-3. Public Forums; Establishment of Free Speech Zones Prohibited - The outdoor areas of campuses of state institutions of higher...

§18B-20-4. Time, Place, and Manner Restrictions - (a) Any person who wishes to engage in protected and...

§18B-20-5. Freedom of Association and Nondiscrimination Against Students and Student Organizations - A state institution of higher education may not deny a...

§18B-20-6. Development of Policies and Procedures - State institutions of higher education shall develop materials to educate...

§18B-20-7. Accountability to the Public - (a) Each state institution of higher education shall publicly post...

§18B-20-8. Remedies - Any person or student organization aggrieved by a violation of...

§18B-20-9. Statute of Limitations - Any action brought pursuant to this article shall be commenced...

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West Virginia Code Chapter 18B. Higher Education

West Virginia Code
Chapter 18B. Higher Education