reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-8. Distributions From West Virginia Research Trust Fund

(a) A participating institution seeking a distribution of matching moneys from the trust fund first shall obtain qualified donations, qualified pledges, or both, in an amount equal to the amount of matching moneys requested for distribution and shall submit a request to the commission setting forth the following:
(1) The amount of qualified donations, qualified pledges, or both, designated for use in requesting the distribution of matching moneys from the trust fund and the amount of any previous distributions of matching moneys from the trust fund;
(2) The amount requested for distribution to the participating institution pursuant to section three of this article;
(3) An explanation of how the proposed use satisfies the criteria for the eligible uses of endowment proceeds set forth in section six of this article;
(4) An explanation of how the proposed use of the endowment proceeds furthers the purposes of this article and addresses the research needs of the institution as identified in the research plan; and
(5) A designation of the applicable research endowment into which the requested matching moneys are to be deposited.
(b) The commission shall review each request for distribution of matching moneys from the trust fund for compliance with the provisions of this article and the rule promulgated pursuant to section eleven of this article.
(c) Once the commission approves the request of a participating institution, it shall distribute matching moneys from those allocated to the institution in the trust fund to the applicable research endowment in an amount equal to the amount of qualified donations, qualified pledges, or both.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-9. Reallocation of Matching Moneys

(a) No later than seven years from the July 1, 2014, each participating institution shall have deposited into its research endowments an amount of qualified donations equal to or greater than the total amount of moneys allocated for distribution to the institution pursuant to the provisions of subsection (c), section three of this article.
(1) If one of the participating institutions fails to have deposited into its research endowments the requisite amount of qualified donations by the end of the seven-year period, then any portion of the moneys allocated to the institution that has not been distributed shall be reallocated for distribution to the other participating institutions pursuant to the terms of this article.
(2) To be eligible to receive a distribution of reallocated moneys pursuant to this subsection, another participating institution shall have qualified donations in excess of the amount required by subsection (a) of this section deposited into its research endowment(s) in an amount equal to or greater than the amount of reallocated moneys.
(3) If another participating institution does not have excess qualified donations on deposit, the reallocated moneys shall be made available for distribution by the commission to state colleges in accordance with the provisions of section ten of this article.
(b) If any pledge previously used by a participating institution to obtain a distribution of matching moneys from the trust fund has not been paid in full within seven years from July 1, 2014, then the institution shall return the unmatched portion of state moneys to the trust fund. These moneys shall be reallocated for distribution to the other participating institutions or to the state colleges pursuant to the terms of this section and section ten of this article as applicable.
(c) If all participating institutions fail to have deposited into their respective research endowments the requisite amount of qualified donations within seven years from July 1, 2014, then any moneys remaining in the trust fund that have not been distributed shall be made available for distribution by the commission to state colleges in accordance with the provisions of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-10. Distributions to State Colleges

(a) The commission may use a portion of those moneys derived from investment earnings accruing to the trust fund in accordance with the provisions of section three of this article, as well as moneys that are not distributed to participating institutions in accordance with the provisions of section nine of this article, to distribute state matching moneys to state colleges, as that term is defined in section two of this article.
(b) In the rules required by section eleven of this article, the commission shall establish procedures for the competitive application and review of requests from state colleges and criteria for the eligible use of moneys distributed pursuant to this section.
(c) To qualify for a distribution of state matching moneys pursuant to this section, a state college shall meet the following conditions:
(1) Obtain qualified donations in an amount equal to or greater than the amount of matching moneys requested for distribution from the trust fund; and
(2) Deposit the qualified donations and any matching moneys distributed from the trust fund into the accounts of the institution or its affiliated research corporation or foundation.
(d) State matching moneys may be expended only for a research-oriented initiative approved by the commission.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-11. Higher Education Policy Commission Rule

(a) The commission's legislative rule to implement the provisions and purposes of this article which is in effect on July 1, 2014, continues in effect unless repealed or amended in accordance with the provisions of section six, article one of this chapter and article three-a, chapter twenty-nine-a of this code. The rule shall be interpreted to include West Virginia State University as a participating institution as provided in this article.
(b) The rule shall include the following:
(1) Documentation standards and review procedures to determine whether a donation or pledge meets the criteria of a qualified donation or qualified pledge when initially received or when the terms of a qualified donation or a qualified pledge are materially altered;
(2) Eligibility criteria in accordance with the provisions of section six of this article for the expenditure of endowment proceeds to pay the base salaries of personnel, to fund research fellowships and to purchase basic infrastructure;
(3) Procedures to ensure that endowment proceeds are expended in compliance with the provisions of this article;
(4) A requirement for each participating institution to report on the total amount of qualified donations received, the investment earnings realized and any anticipated expenditures of the research endowment proceeds in its annual operating budget; and
(5) Procedures for the competitive application and review of requests from state colleges and criteria for the eligible use of moneys distributed pursuant to section ten of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18A. Directed Research Endowments › §18B-18A-12. Annual Report

By January 1, 2010, and annually thereafter, the commission shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Delegates and the Legislative Oversight Commission on Education Accountability detailing implementation of the research endowments at each participating institution, the amount of qualified donations received by each participating institution in the preceding fiscal year, the amount of any distributions made from the trust fund and a description of the research and outcomes supported by those moneys.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 18B. Science and Research Council › §18B-18B-2. Strategic Plan; Reports

(a) The council shall develop a strategic state plan for science and technology research that establishes a collaborative process to engage all scientific research resources, both public and private, in a comprehensive, strategic network. The council's strategic state plan serves as the state plan for science and technology research.
(b) At a minimum, the strategic plan shall address science and technology research resources and their relation to the following areas of research:
(1) Human and physical infrastructure;
(2) Policy development;
(3) Education and outreach;
(4) Research innovation; and
(5) Economic development.
(c) Periodically, the council shall reassess the strategic state plan and update it as needed. Any new or updated strategic state plan shall be approved by the commission prior to becoming effective.
(d) The EPSCoR Advisory Council's current "Vision 2015: The West Virginia Science and Technology Strategic Plan" serves as the state plan for science and technology research until a plan is approved by the council.
(e) The council shall report to the Legislative Oversight Commission on Education Accountability by July 1, 2010, and annually thereafter, on progress in implementing the strategic state plan, as well as any updates to the plan.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-3. System Capital Development Planning

(a) By December 31, 2017, the commission and council, jointly or separately, shall develop a system capital development oversight policy for approval by the Legislative Oversight Commission on Education Accountability. At a minimum the initial oversight policy shall include the following:
(1) System goals for capital development;
(2) An explanation of how system capital development goals align with state goals, objectives and priorities established in articles one and one-d of this chapter and with system master plans;
(3) A description of how the commission and council will prioritize their recommendations for capital projects for state funding based on their ability to further state goals, objectives and priorities and system capital development goals;
(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 commission and council objective information to determine if the investments in maintenance are occurring;
(5) A process for governing boards to follow in developing and submitting campus development plans to the commission or council, as appropriate, for approval by the council or for confirmation by the commission, as appropriate; and
(6) A process for governing boards to follow to ensure that sufficient revenue is generated for and applied toward facilities maintenance.
(b) The system capital development plan shall be developed in consultation with governing boards and appropriate institution staff. Before approving the capital development plan, the commission and council shall afford interested parties an opportunity to comment on the plan through a notice-and-comment period of at least thirty days.
(c) The commission and council shall update its system capital development plan at least once in each ten-year period.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-6. Capital Project Financing

(a) The commission and governing boards, jointly or singly, may issue revenue bonds for capital project financing in accordance with section eight, article ten of this chapter.
(b) A governing board may seek funding for and initiate construction or renovation work for major projects only if contained in a campus development plan approved by the council or confirmed by the Commission: Provided, That this subsection (b) shall not apply to the governing boards of the exempted schools.
(c) A governing board may fund capital improvements on a cash basis, through bonding or through notes or another financing method that is approved by the commission and by the council, if appropriate. Provided, That the exempted schools shall not be required to get the approval of the commission.
(1) If the cost of an improvement project for any institution under the jurisdiction of 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 at an institution under the jurisdiction of the commission, other than the exempted schools, exceeds $3 million, the governing board shall first obtain the approval of the commission.
(2) Prior to approving bonding or any alternative financing method for any institution other than the exempted schools, the commission, and council if appropriate, shall evaluate the following issues:
(A) The institution’s debt capacity and ability to meet the debt service payments for the full term of the financing;
(B) The institution’s capacity to generate revenue sufficient to complete the project;
(C) The institution’s ability to fund ongoing operations and maintenance;
(D) The impact of the financing arrangement on students; and
(E) Any other factor considered appropriate.
(d) 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.
(e) The 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.
(f) 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.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-8. Maintenance

(a) 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 commission or council, as appropriate.
(b) 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 commission and council and to generate a reserve sufficient to address unexpected maintenance needs.
(c) The commission and council shall determine whether a governing board is devoting sufficient resources for maintenance based on the following criteria:
(1) The amount of maintenance expenditures compared to building renewal formula estimates of appropriate expenditures; and
(2) Periodic evaluations of the conditions of facilities at the institution and its performance and effectiveness in maintaining its facilities.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-9. Higher Education Facilities Information System

(a) The commission and council jointly shall develop and maintain a higher education facilities information system, except for the exempt schools. The higher education facilities information system shall serve as a vehicle for carrying out the following functions:
(1) Acquisition of statewide data;
(2) Analysis of space use and classification based on nationally recognized standards and measurements to facilitate comparisons among post-secondary education institutions within the state and in the region and nation; and
(3) Other purposes as determined by the commission and council consistent with facilitating policy analysis without burdening or interfering unnecessarily with the governance responsibilities which are placed upon the governing boards.
(b) At a minimum the higher education facilities information system shall serve the following purposes:
(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 commission and council consider appropriate, consistent with the provisions of the foregoing subsection (a);
(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 commission and council consider appropriate, consistent with the provisions of the foregoing subsection (a);
(3) Provide a vehicle for institutions to submit capital appropriation requests to the commission and council;
(4) Provide information on major institutional capital projects, including major maintenance and deferred maintenance projects; and
(5) Provide information on facilities needed to calculate the building renewal formula.
(c) The commission and council shall establish benchmarks for classroom and class laboratory use including an analysis of utilization for the fall and spring semesters of each academic year. The efficient use of classrooms and class laboratories is a factor in determining whether an institution needs additional classroom and laboratory facilities.
(d) Each governing board and any institution under its jurisdiction shall participate and cooperate with the commission and council in all respects in the development and maintenance of the higher education facilities information system.
(e) The higher education facilities information system may be used for other purposes set forth by the commission and council in the rules required by section seventeen of this article, consistent with the provisions of the foregoing subsection (a).
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-10. Authorization to Sell and Transfer Property; Use of Proceeds

(a) Notwithstanding any other provision of law or this code to the contrary, the commission, council and governing boards each may sell, lease, convey or otherwise dispose of all or part of any real property that it owns, either by contract or at public auction, and shall retain the proceeds of the transaction.
The commission, council and governing boards may not sell, convey or otherwise dispose of any real property without first performing the following steps:
(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;
(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;
(3) Holding a public hearing on the issue in the county in which the real property is located;
(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
(5) In the case of the commission, notifying the Joint Committee on Government and Finance.
(b) The commission, council or a governing board may not lease real property for an annual amount of greater than $50,000 without satisfying the obligations of subdivisions (2) to (4) of subsection (a) of this section.
(c) The commission, council or a governing board shall deposit the net proceeds from the sale, conveyance or other disposal of real property into a special revenue account in the State Treasury to the credit of the commission, council, or governing board that sold, conveyed or otherwise disposed of the real property.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-11. Authorization to Lease-Purchase

(a) The commission or council 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, the commission or council.
(b) After the commission or council, as appropriate, has granted approval for a lease-purchase agreement by a governing board, the board may enter into a lease-purchase agreement for capital improvements, including equipment.
(c) The governing boards of the exempted schools may enter into lease-purchase agreements without seeking the approval of the commission. The governing boards, subject to the jurisdiction of the commission, may enter into lease-purchase agreements of less than $1.5 million, without obtaining approval of the commission.
(d) 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 commission, council 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.
(e) 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 and council. In addition, any lease-purchase agreement that exceeds $100,000 total shall be approved as to form by the Attorney General.
(f) 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.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-13. Real Property Contracts and Agreements

(a) In addition to the requirements otherwise provided in this article, 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 commission or council, as appropriate, and provided to the Joint Committee on Government and Finance for prior review, if the transaction exceeds $1 million: Provided, That the exempted schools shall not be required to get the approval of the commission.
(b) Notwithstanding any provision of this code 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 lifetime of the lease, made or accepted by an institution’s research corporation established by article twelve of this chapter or an affiliated foundation of an institution under the jurisdiction of the council, shall be approved by the council.
(c) The commission, council and each governing board shall provide the following to the Joint Committee on Government and Finance:
(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
(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.
(d) The copy and report required by subsection (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.
(e) 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.
(f) For renewals of contracts or agreements required by this section to be reported, the commission, council or governing board shall provide a report setting forth a detailed summary of the terms of the contract or agreement, including the name of the property owner.
(g) The Joint Committee on Government and Finance shall meet and review any contract, agreement or report within thirty days of receipt.
(h) Each governing board shall provide to the commission or council, as appropriate, a copy of any contract or agreement submitted to the Joint Committee on Government and Finance pursuant to this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-14. Authorization for Sale Lease-Back

(a) Notwithstanding any other provision of this code to the contrary, 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 by the commission, as appropriate, before incurring any obligation: Provided, That the exempted schools shall not be required to obtain such approval or confirmation of the commission. 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:
(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;
(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;
(3) Holding a public hearing on the issue in the county in which the real property is located;
(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
(5) Retain independent financial and legal services to examine fully all aspects of the transaction.
(b) 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.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-15. Construction and Operation of Auxiliary Facilities; Fees for Auxiliary Enterprises

(a) A governing board may provide, construct, erect, improve, equip, maintain and operate auxiliary facilities, as defined in section two of this article, for students, employees and visitors on land it owns or leases.
(b) 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 this article.
(c) 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.
(d) A governing board may promulgate and adopt rules and charge fees for use of its facilities. The fees charged shall be structured so as to generate funds sufficient for the following purposes:
(1) To maintain payment of the principal of and interest on any revenue bonds, and for reserves for the revenue bonds;
(2) To operate the auxiliary enterprise;
(3) To satisfy annual building renewal formula requirements; and
(4) To build a reserve for major renovation or replacement.
(e) 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 section thirteen, article ten of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-16. Condemnation Generally

(a) The commission, council 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 fifty-four of this code.
(b) The commission, council 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.
(c) 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.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-18. Reporting

(a) By July 1, 2013, and annually thereafter, the commission and council shall 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.
(b) The process required by the commission and council for reporting by the governing boards shall be included in the rules required by section seventeen of this article.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 19. Capital Projects and Facilities Needs › §18B-19-19. Applicability to Certain Institutions

The governing boards of the exempted schools each may, without obtaining approval of the commission, take any action described or set forth in this article that otherwise would require the approval or confirmation of the commission. The respective governing board shall provide notice of the action to the commission. If the commission requests additional information relevant to the action from the respective governing board, the governing board shall provide information regarding the action to the commission.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 20. Free Expression on Campus › §18B-20-1. Definitions

As used in this article:
(1) "Campus community" includes students, administrators, faculty, and staff at the institution of higher education, and their invited guests.
(2) "Harassment" means an expression that is unwelcome, so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the state institution of higher education or sexual harassment as defined by federal law and federal regulations applicable to state institutions of higher education.
(3) "Materially and substantially disrupts" means an occurrence where a person or group significantly hinders another persons or groups expressive activity, prevents the communication of the message, prevents the transaction of the business of a lawful meeting, gathering, or procession, or interferes with or prevents the operations and functions of a state institution of higher education by:
(A) Engaging in fighting, violent, or other unlawful behavior;
(B) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity;
(C) Using sound to drown out or muffle expressive activity; or
(D) Violating a state institution of higher educations reasonable time, place, and manner restrictions.
(E) Conduct that "materially and substantially disrupts" shall not include conduct that is protected under the First Amendment to the United States Constitution or West Virginia Constitution. The protected conduct includes, but is not limited to, lawful protests in the outdoor areas of campus generally accessible to the members of the public (except during times when those areas have been reserved in advance for other events), or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.
(4) "Outdoor areas of campus" means the generally accessible outside areas of campus where members of the campus community are commonly allowed, such as grassy areas, walkways, or other similar common areas and does not include outdoor areas where access is restricted from a majority of the campus community.
(5) "State institution of higher education" means any university, college, or community and technical college under the jurisdiction of a governing board as defined in 18B-1-2 of this code.
(6) "Student" means any person who is enrolled on a full-time or part-time basis in a state institution of higher education.
(7) "Student organization" means an officially recognized group at a state institution of higher education, or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 20. Free Expression on Campus › §18B-20-2. Protected Expressive Activities

Expressive activities protected under the provisions of 18-1-1
et seq
. of this code include, but are not limited to, any lawful verbal and nonverbal speech. This may include lawful and protected forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 20. Free Expression on Campus › §18B-20-3. Public Forums; Establishment of Free Speech Zones Prohibited

The outdoor areas of campuses of state institutions of higher education shall be considered public forums for the campus community, and state institutions of higher education shall not limit free speech by creating "free speech zones" or other designated areas of campus outside of which expressive activities are prohibited. Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on campus.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 20. Free Expression on Campus › §18B-20-4. Time, Place, and Manner Restrictions

(a) Any person who wishes to engage in protected and lawful expressive activity on campus shall be permitted to do so freely, as long as the persons conduct is not unlawful, and does not materially and substantially disrupt the functioning of the state institution of higher education.
(b) To enable the state institutions of higher education to function in a safe and secure manner and to advance their missions and objectives, the state institutions of higher education may enact reasonable time, place, and manner restrictions which are content neutral and narrowly tailored to serve a significant state institution of higher education or other governmental interest. A state institution of higher education may deny, cancel, or postpone a reservation, or immediately terminate any ongoing activity that represents a violation of its time, place, and manner restrictions. A state institution of higher education shall endeavor to allow members of the campus community to spontaneously and contemporaneously engage in protected expressive activities.
(c) Nothing in this article shall be interpreted as preventing state institutions of higher education from prohibiting, limiting, or restricting expression not protected by the First Amendment to the Constitution of the United States such as true threats, expression designed to provoke imminent lawless actions and likely to produce it or prohibiting harassment as defined in 18B-20-2 of this code, or sexual harassment as prohibited by federal law and defined by federal regulations applicable to state institutions of higher education.
(d) Nothing in this article shall be construed to authorize a person or group to intentionally, materially, and substantially disrupt another person or groups expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 20. Free Expression on Campus › §18B-20-5. Freedom of Association and Nondiscrimination Against Students and Student Organizations

A state institution of higher education may not deny a religious, political, or ideological student organization which is open to all students any benefit or privilege made available to any other student organization by the state institution of higher education, or otherwise discriminate against an organization, based on the expression of the organization.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 20. Free Expression on Campus › §18B-20-7. Accountability to the Public

(a) Each state institution of higher education shall publicly post on its website any policies it has enacted regarding protected expressive activity under the First Amendment to the United States Constitution.
(b) Each campus shall report to the Higher Education Policy Commission or the Council for Community and Technical College Education, as applicable, a description of any barriers to, or incidents of disruption of, free expression occurring on campus, including, but not limited to, attempts to block or prohibit speakers and investigations into students or student organizations for their speech. The description shall include the nature of each barrier or incident, as well as what disciplinary action, if any, was taken against members of the campus community determined to be responsible for those specific barriers or incidents involving students and shall be reported without revealing those students personally identifiable information. Annually, by August 1, the commission and council shall report to the Legislative Oversight Commission on Education Accountability any barriers or incidents reported to them pursuant to this subsection.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 20. Free Expression on Campus › §18B-20-8. Remedies

Any person or student organization aggrieved by a violation of this article may bring an action against the state institution of higher education and its employees acting in their official capacities, alleged to be responsible for the alleged violation. The aggrieved person or student organization may seek injunctive relief and actual damages, as well as reasonable attorneys fees, and court costs if the person or student organization substantially prevails.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 21. Student Journalist Press Freedom Protection Act › §18B-21-2. Legislative Findings

(a) The Legislature finds that:
(1) Freedom of expression through high school, college, and university sponsored media is protected by the First Amendment to the United States Constitution and Article III, section 7 of the West Virginia Constitution;
(2) A high school, college, and university student press can contribute to the continuing development of informed and civic-minded citizens; and
(3) Instructors and administrators who defend their students freedom of expression may sometimes do so at professional risk.
(b) It is the intent of the Legislature to protect freedom of expression in school-sponsored media at public high schools and institutions of higher education in this state, and to protect the instructors and administrators who support that right, in order to encourage students to become educated, informed, and responsible members of society.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 21. Student Journalist Press Freedom Protection Act › §18B-21-3. Definitions

As used in this article:
"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast, in any media, by a student journalist at a public high school, college, or university under the supervision of a student media adviser and distributed or generally made available to members of the student body. School-sponsored media does not include media intended for distribution or transmission for classroom purposes only.
"Student journalist" means a public high school, college, or university student who writes, edits, photographs, records, or prepares information for inclusion in school-sponsored media.
"Student media adviser" means an individual employed, appointed, or designated by a public high school, college, or university to supervise or provide instruction relating to school-sponsored media.
2023 West Virginia Code › Chapter 18C. Student Loans; Scholarships and State Aid › Article 1. Financial Assistance Generally › §18C-1-2. Definitions

Definitions for terms used in this chapter have the meanings ascribed to them in section two, article one, chapter eighteen-b of this code unless the context clearly indicates a different meaning:
(a) "Board" or "governing board" in the singular or plural means the vice chancellor for administration employed pursuant to section two, article four, chapter eighteen-b of this code when a power or duty assigned to a governing board is delegated by it to the senior administrator. In other instances as used in this chapter, "board" or "governing board" in the singular or plural means the Higher Education Policy Commission or the Council for Community and Technical College Education, as appropriate.
(b) "Senior administrator" means the vice chancellor for administration employed pursuant to section two, article four, chapter eighteen-b of this code.
2023 West Virginia Code › Chapter 18C. Student Loans; Scholarships and State Aid › Article 1. Financial Assistance Generally › §18C-1-4. Eligibility of Commuting Students and Children of Military Personnel for State Funded Student Financial Aid, Grants and Scholarships

(a) Notwithstanding any other provision of this code or rule to the contrary, a student who attended a public or private high school outside the state is eligible for state funded student financial aid, grants and scholarships if:
(1) The student meets all other eligibility requirements for the aid, grant or scholarship; and
(2) The student resided in West Virginia while attending high school in another state, and:
(A) The student resided with his or her parent or legal guardian who:
(i) Was a resident of this state; and
(ii) Had been a resident of this state for at least two years immediately preceding the student's attendance at the school;
(B) The student commuted during the school term on a daily basis from this state to the school;
(C) The student is a dependent of the parent or legal guardian upon which eligibility is based;
(D) The student has not established domicile outside the state; and
(E) At the discretion of the state Superintendent of Schools, as defined in section one, article one, chapter eighteen of this code:
(i) The school is fully accredited in that state to the degree acceptable to the state Superintendent of Schools; and
(ii) The school's curriculum requirements for graduation are equivalent to the curriculum requirements for graduation in this state, or sufficiently similar to those requirements, as determined by the state Superintendent of Schools; or
(3) The student resided and attended high school in another state or a United States territory, United States possession or foreign country and:
(A) The student resided with his or her parent or legal guardian; and
(B) The student's parent or legal guardian:
(i) Served in the United States Armed Forces while the student attended high school in such state, territory, possession or country;
(ii) Was stationed for military purposes in such state, territory, possession or country; and
(iii) Maintained legal residence in West Virginia while stationed in such state, territory, possession or country.
(b) This section does not alter, amend or extend any application deadlines or other requirements established by law or policy.
2023 West Virginia Code › Chapter 18C. Student Loans; Scholarships and State Aid › Article 2. Guaranteed Student Loan Program › §18C-2-1. Purpose of Provisions of Article Relating to Guaranteed Student Loan Program; Loan Program to Be Administered by Senior Administrator of Governing Boards

The Legislature enacts the provisions of this article which relate to the establishment of the guaranteed student loan program to continue and encourage education of citizens of this state who are in need of financial assistance, such assistance and education being for the welfare of this state, and the Legislature hereby declares such to be a public purpose.
The guaranteed student loan program established and authorized by this article shall be administered by the senior administrator of the board of trustees and board of directors acting under their direction.
2023 West Virginia Code › Chapter 18C. Student Loans; Scholarships and State Aid › Article 2. Guaranteed Student Loan Program › §18C-2-2. "Act," "undertaking" and "obligations" Defined

As used in this article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) The words "act" or "undertaking" shall mean the official act of the governing boards, or senior administrator acting under the direction of the boards, in connection with the acquisition or disposition of all or any part of obligations or interest therein which the governing boards are authorized to buy or sell hereunder.
(b) The word "obligations" shall mean those evidences of debt which the governing boards may buy, sell, endorse, or guarantee under the provisions of this article.