reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18B. Higher Education › Article 6. Advisory Councils › §18B-6-6. Institutional Classified Employee Council

(a) There is continued at each institution of higher education an institutional classified employee advisory council to be known as the staff council.
(b) During the month of April of each odd-numbered year, each president of a state institution of higher education, at the direction of the staff council and in accordance with procedures established by the staff council, shall convene a meeting or otherwise institute a balloting process to elect members of the staff council, except that for two thousand four only, the election shall take place in July. Members are elected as follows:
(1) Two classified employees from the administrative/ managerial sector;
(2) Two classified employees from the professional/nonteaching sector;
(3) Two classified employees from the paraprofessional sector;
(4) Two classified employees from the secretarial/clerical sector;
(5) Two classified employees from the physical plant/ maintenance sector;
(6) The classified employee who is elected to serve on the advisory council of classified employees serves as an ex officio, voting member of the staff council. This member shall report to the staff council on meetings of the classified council and the board of Governors; and
(7) Classified employees at Marshall university and West Virginia University may elect five classified employees from each of the five sectors to serve on the staff council.
(c) Members serve a term of two years, which term begins on July 1, of each odd-numbered year. Members of the staff council are eligible to succeed themselves.
(d) Classified employees shall select one of their members to serve as chairperson. All classified employees at the institution are eligible to vote for the chairperson by any method approved by a majority of their members. The chairperson is eligible to succeed himself or herself.
(e) The staff council shall meet at least monthly or at the call of the chairperson. With appropriate notification to the president of the institution, the chairperson may convene staff council meetings for the purpose of sharing information and discussing issues affecting the classified employees or the efficient and effective operations of the institution.
(f) The president of the institution shall meet at least quarterly with the staff council to discuss matters affecting classified employees.
(g) The governing board of the institution shall meet at least annually with the staff council to discuss matters affecting classified employees and the effective and efficient management of the institution.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-1. Legislative Intent and Purpose

(a) The intent of the Legislature in enacting this article and articles eight, nine and nine-a of this chapter is to establish basic human resources policies applicable to public higher education capable of, but not limited to, assisting the governing boards in meeting the following objectives:
(1) Implementing contemporary programs and practices to reward and incentivize performance and enhance employee engagement;
(2) Providing benefits to the citizens of the State of West Virginia by supporting the public policy agenda as articulated by state policymakers;
(3) Assuring fiscal responsibility by making the best use of scarce resources;
(4) Promoting fairness, accountability, credibility, and transparency in personnel decision making;
(5) 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.
(6) Reducing or, wherever possible, eliminating arbitrary and capricious decisions affecting employees of higher education organizations as defined in section two, article nine-a of this chapter;
(7) Creating stable, self-regulating human resources policies capable of evolving to meet changing needs;
(8) Providing for institutional flexibility with meaningful accountability;
(9) Adhering to federal and state laws;
(10) Adhering to duly promulgated and adopted rules; and
(11) Enhancing the sharing of best practices throughout the state higher education system.
(12) Providing current, reliable data to governing boards, the commission, the council, the Governor and the Legislature to inform the decision-making process of these policymakers.
(b) To accomplish these goals, the Legislature encourages organizations to pursue a human resources strategy which provides monetary and nonmonetary returns to employees in exchange for their time, talents and efforts to meet articulated goals, objectives and priorities of the state, the commission and council, and the organization. The system should maximize the recruitment, motivation and retention of highly qualified employees, promote satisfaction and engagement of employees with their jobs, promote job performance and achieve desired results.
(c) It is the intent of the Legislature to establish a human resources strategy that is fair, accountable, credible, and transparent. In recognition of the importance of these qualities, the human resources strategy outlined in this article, together with articles eight and nine-a of this chapter, is designated and may be cited as “ FACT for Higher Education”.
(d) It is the intent of the Legislature to require each higher education organization to achieve full funding of the minimum salary levels for classified employees established in section six, article nine-a of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-2. Definitions

For the purposes of this article and articles eight, nine and nine-a of this chapter, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(1) “Benefits” means programs that an employer uses to supplement the cash compensation of employees and includes health and welfare plans, retirement plans, pay for time not worked and other employee prerequisites.
(2) “Compensation” means cash provided by an employer to an employee for services rendered.
(3) “Compensatory time” and “compensatory time off” mean 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.
(4) “Employee classification” or “employee class” means those employees designated as classified employees; nonclassified employees, including presidents, chief executives and administrators and faculty, as these terms are defined in this article and articles eight, nine and nine-a of this chapter.
(5) “Full-time” means a regular employee whose employment, if continued, accumulates to a minimum total of one thousand forty hours during a calendar year and extends over at least nine months of a calendar year
(6) “Health and welfare benefit plan” means an arrangement which provides any of the following: Medical, dental, visual, psychiatric or long-term health care, life insurance, accidental death or dismemberment benefits, disability benefits or comparable benefits.
(7) “More senior employees” means an employee who has greater longevity with the institution than another employee who is also subject to layoff as part of a reduction in force.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-3. Reducing Workforce

(a) Definitions for terms used in this section have the meanings ascribed to them in section two, article one of this chapter and section two, article nine of this chapter, except that, unless clearly noted otherwise, this section applies only to a regular employee who is classified and whose employment, if continued, accumulates to a minimum total of one thousand forty hours during a calendar year and extends over at least nine months of a calendar year.
(b) All decisions by an organization or its agents concerning reductions in workforce of full-time classified employees shall be made in accordance with this section and pursuant to a rule adopted by the applicable governing board of an organization, after consultation with and providing 30 days written notice to the applicable staff council of an organization.
(1) For layoffs for reason of lack of funds or work, or abolition of position or material changes in duties or organization, the institution may layoff the incumbent in the position being eliminated. In the case of elimination of some but not all of the positions of the same job title, consideration shall be given to an employee’s documented quality of work performance as demonstrated in performance evaluations of record (including, but not limited to, disciplinary records), skills, seniority as measured by years of service, or other factors, as determined by the board.
(2) If the organization desires to lay off a more senior employee, the organization may offer to the more senior employee a severance package, the value of which shall not exceed the more senior employee’s salary for one year.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-4. Supplemental Health and Welfare Benefit Plans

(a) An organization may contract for supplemental health and welfare benefit plans for any or all of its employees in addition to the benefits the employees otherwise receive.
(b) An organization may make additional periodic deductions from the salary payments due employees in the amount they are required to contribute for any supplemental health and welfare plan.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-6. Continuing Education and Professional Development

(a) Each higher education organization shall establish and operate an employee continuing education and development program under a joint rule or rules 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.
The 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. These rules also 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.
(b) Subject to legislative appropriation therefor, the commission and council shall promote and facilitate additional, regular, training and professional development for employees engaged in human resources-related activities at all organizations. The training and professional development:
(1) Shall be developed with emphasis on distance learning, in consideration to limiting travel demands on employees; and
(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 prior to the effective date of this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-7. Employment Practices

(a) Each governing board, with the advice and assistance of the staff council, shall promulgate and adopt a rule regarding the role of part-time classified employees. The rule shall discourage the hiring of part-time employees solely to avoid the payment of benefits or in lieu of full-time employees and shall provide all qualified classified employees who hold nine-month or ten-month contracts 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.
(b) Each governing board, with the advice and assistance of the staff councils and other groups representing classified employees, shall promulgate and adopt a rule in accordance with section six, article one of this chapter that discourages temporary, nonemergency, institutionally-imposed changes in an employee's work schedule; that maintains reasonable continuity in working schedules and conditions for employees; and that requires institutions to consider feasible and innovative ways to use the institution's classified employees most efficiently. These innovations may include, but are not limited to, flexibility in employee scheduling, job-sharing and four-day work weeks.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-10. Compensatory Time Off in Lieu of Overtime; Written Agreement; Other Conditions

(a) Notwithstanding any provision of this code to the contrary, in lieu of overtime compensation, employees of higher education organizations may receive compensatory time off at a rate not less than one and one-half hours for each hour of employment. Employees may receive compensatory time only under the following conditions:
(1) The time is awarded pursuant to a written agreement between the employer and the employee arrived at before the work is performed. A written agreement may be modified at the request of the employer or employee, but under no circumstances may changes in the agreement deny an employee compensatory time already acquired;
(2) The time is recorded in the employer's record of hours worked; and
(3) The employee has not accrued compensatory time in excess of the prescribed limits.
(b) An employee may accrue up to four hundred eighty hours of compensatory time if the employee's work is a public safety activity, an emergency response activity or a seasonal activity. An employee engaged in other work may accrue up to two hundred forty hours of compensatory time. An employee who has accrued four hundred eighty or two hundred forty hours of compensatory time, as the case may be, shall be paid overtime compensation for additional hours of work. If compensation is paid to an employee for accrued compensatory time, the compensation shall be paid at the regular rate earned by the employee at the time the employee received the payment.
(c) If employment is terminated, an employee who has accrued compensatory time pursuant to this section, shall be paid for the unused compensatory time at a rate of compensation not less than the higher amount calculated using one of the following formulas:
(1) The average regular rate received by the employee during the first three years of the employee's employment; or
(2) The final regular rate received by the employee.
(d) An employee who has accrued compensatory time as authorized by this section, and who has requested the use of compensatory time, shall be permitted by the employer to use this time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operation of the employing agency. Compensatory time must be used within one year from the time it is accrued.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-13. Probationary Employment Period; Evaluation

Each full-time classified employee hired by an organization shall serve an initial probationary period of six months. At the end of the probationary period, the employee shall receive a written evaluation of his or her performance. The employee's supervisor shall meet with the employee and explain the contents of the evaluation and whether the employee is being offered regular employment.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 7. Personnel Generally › §18B-7-16. Study of Employment Practices

(a) The commission and council shall study the following issues relating to employment practices:
(1) Developing a fair and rational policy based upon best human resources practices for covering reductions in force, furloughs and other issues relating to seniority, including determining how employees shall be treated whose salaries are derived from funds other than state appropriations;
(2) Determining the advantages and disadvantages of maintaining the internal preferences for hiring, promoting and transferring classified employees;
(3) Determining the appropriate definition of a "nonclassified" position, recommending a best practice criteria for designating positions as nonclassified and recommending the appropriate number or ratio of nonclassified positions for commission and council organizations.
(4) Recommending a rational, uniform policy to determine the status of employees whose positions are funded, in whole or in part, by an external grant or contract from a federal, state or local government or a private entity.
(b) The commission and council shall complete the work and report their findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability upon completion, but no later than January 1, 2018.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 8. Higher Education Full-Time Faculty Salaries › §18B-8-1. Definitions

As used in this article:
(a) "Academic rank", "rank" or "faculty rank" means the position held by a faculty member as determined by the president, consistent with a rule promulgated and adopted by the governing board, and includes the positions of professor, associate professor, assistant professor and instructor. All other ranks are excluded from the provisions of this article.
(b) "Salary" means the total nine-month or ten-month salary paid from state funds to a full-time faculty member, or if the employment period is other than nine or ten months, the total salary adjusted to a nine-month base salary;
(c) "Full-time faculty" means a faculty member so designated by the president, consistent with the duly promulgated and adopted rule of the appropriate governing board, and those persons with faculty rank who have research or administrative responsibilities.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 8. Higher Education Full-Time Faculty Salaries › §18B-8-2. Faculty Salary Rules; Salary Increase Upon Promotion in Rank

(a) Each governing board shall promulgate and adopt a faculty salary rule in accordance with section six, article one of this chapter which furthers the goals of attracting, retaining and rewarding high quality faculty. Faculty salary increases shall be distributed within each organization in accordance with the faculty salary rule.
(b) The salary of a full-time faculty member may not be reduced by the provisions of this article.
(c) The faculty salary rule shall pursue the following goals:
(1) The salary of each full-time faculty member within a discipline group is competitive with those in similar disciplines at peer institutions;
(2) Faculty are recognized for outstanding performance;
(3) Equity among salaries is maintained; and
(4) The faculty at each institution are involved effectively in the administration of the faculty salary rule.
(d) Each faculty member shall receive a salary increase of at least ten percent when he or she is promoted in rank.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 8. Higher Education Full-Time Faculty Salaries › §18B-8-3. Authority to Grant Sabbatical Leave

A governing board may grant sabbatical leave to a faculty member at the state institution of higher education under its jurisdiction for the purpose of permitting him or her to engage in graduate study, research or other activities calculated to improve teaching ability. A governing board may grant a request for sabbatical leave only in accordance with the uniform rule it has promulgated and adopted. A governing board may not adopt a rule which provides for granting sabbatical leave to a faculty member who has served fewer than six years at the institution where presently employed, nor which provides for leave for more than one half the contract period at full pay or for a full contract period at half pay. A faculty member receiving a sabbatical leave is required to return and serve the institution granting the leave for at least one year or to repay to the institution the compensation received during leave. A faculty member returning from leave shall be reinstated at the academic rank held immediately prior to taking sabbatical leave unless he or she is promoted to a higher rank and is entitled to the salary and any salary increases appropriate to his or her rank and years of experience. The compensation for a faculty member on sabbatical leave is paid by the institution where employed from its regular personal services appropriations.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 8. Higher Education Full-Time Faculty Salaries › §18B-8-4. Effect of Leave of Absence on Academic Tenure, Rank, etc.

(a) Notwithstanding any provision of law to the contrary, a tenured professional at a state institution of higher education who is absent from duties at the institution to accept employment in a nonelected governmental capacity is afforded the benefits of academic tenure, rank and position as if he or she had remained continuously in the position retained and held at the institution immediately preceding the absence if the following conditions are met:
(1) The absence is approved by the president of the state institution of higher education by which the professional is employed;
(2) The leave of absence does not exceed two years; or
(3) If the leave of absence extends for more than two years, the president requests approval from the governing board for the absence in writing each year and the board approves each request up to eight full years.
(b) An individual who remains in governmental employment with leave granted in accordance with this section forfeits all rights to academic tenure, rank and position formerly held at the employing institution at the end of the eighth year of government employment.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 8. Higher Education Full-Time Faculty Salaries › §18B-8-5. Notice to Probationary Faculty Members of Retention or Nonretention; Hearing

(a) For the purposes of this section, "Probationary faculty member" means the definition adopted in a joint rule promulgated by the commission and council. The rights provided to probationary faculty members by this section are in addition to, and not in lieu of, other rights afforded to them by other rules and other provisions of law.
(b) The president of each state institution of higher education shall give written notice concerning retention or nonretention for the ensuing academic year to a probationary faculty member not later than March 1.
(c) If a probationary faculty member who is not retained so requests, the president or his or her designee shall inform the probationary faculty member by certified mail within ten days of the reasons for nonretention. A probationary faculty member who desires to appeal the decision may proceed to level three of the grievance procedure established in article two, chapter six-c of this code. If the administrative law judge decides that the reasons for nonretention are arbitrary, capricious or without a factual basis, the faculty member shall be retained for the ensuing academic year.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 8. Higher Education Full-Time Faculty Salaries › §18B-8-6. Faculty Employment Practices; Campus Administrators Required to Teach or Perform Research

Each governing board, with the advice and assistance of the faculty senate, shall promulgate and adopt a rule in accordance with section six, article one of this chapter addressing the following issues:
(a) Defining an appropriate balance between full-time and adjunct faculty members and the appropriate role of adjunct faculty; and
(b) Requiring each administrator on each campus who holds faculty rank to teach at least one course during each eighteen-month employment period or to perform on-going research in lieu of teaching.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 8. Higher Education Full-Time Faculty Salaries › §18B-8-7. Authority of Governing Boards Relating to Faculty

Consistent with this article, and after consulting with and providing 30 days written notice to the faculty senate, a governing board may adopt a rule relating to the faculty. The provisions of any rule adopted by a governing board preempt any conflicting rule adopted by the commission or the council.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 9A. Classification and Compensation System › §18B-9A-1. Legislative Intent and Purpose

(a) The intent of the Legislature in enacting this article is to establish the classification and compensation system for certain employees of higher education organizations and apply recognized best human resources practices in order to use available resources in the most effective and efficient manner for the benefit of the citizens of West Virginia.
(b) In furtherance of the principles described in subsection (a) of this section, the chief purposes of the classified classification and compensation system are to accomplish the following objectives:
(1) Develop and implement a classification and compensation system that is fair, transparent, understandable, simple to administer, self-regulating and adaptable to meet future goals and priorities;
(2) Compensate employees within an organization fairly in relation to one another;
(3) Compensate employees across organizations who are performing similar work at similar wage rates;
(4) Compensate employees at levels that are competitive with appropriate external markets and are fiscally responsible; and
(5) Improve the process for evaluating jobs, including, but not limited to, mandating training and development in best human resources practices and directing that key terms, job titles and evaluation forms are consistent across organizations.
(c) It is further the intent of the Legislature to ensure that regular compensation analyses are performed to determine how organization compensation for all classes of employees compares to compensation in relevant external markets.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 9A. Classification and Compensation System › §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 following duties to the Compensation Planning and Review Committee or the Job Classification Committee:
(1) Approval of a classification and compensation rule;
(2) Approval of the job evaluation plan; and
(3) Approval of the annual classified salary schedule.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 9A. Classification and Compensation System › §18B-9A-6. Salary Structure and Salary Schedules

(a) The commission and council shall develop and maintain a classified salary schedule and ensure that all organizations under their respective jurisdictions adhere to state and federal laws and duly promulgated and adopted organization rules.
(b) The classified salary schedule serves as the basis for the following activities:
(1) Evaluating compensation of classified employees in relation to appropriate external markets; and
(2) Developing the minimum salary per pay grade to be adopted by the commission and council.
(c) The classified salary schedule shall meet the following criteria:
(1) Sets forth the number of pay grades to be included in the structure;
(2) Includes a midpoint value for each pay grade which represents the average market rate of pay for jobs in that pay grade. The commission and council may choose a midpoint value that is not based exclusively on market salary data; and
(3) Includes minimum and maximum pay range values based on an established range spread.
(d) The commission and council jointly shall use workforce compensation data provided by Workforce West Virginia and other compensation data as is readily available from national recognized sources, including compensation data of CUPA-HR, to establish the appropriate external market conditions of classified positions. The commission and council, in consultation with the Compensation Planning and Review Committee, may take any combination of the following actions:
(1) Adjust the number of pay grades and the point values necessary to validate the result of the classification system and the job worth hierarchy with the market;
(2) Adjust the midpoint differentials between pay grades better to reflect market conditions; or
(3) Adjust the range spread for any pay grade.
(e) The commission and council jointly may perform an annual review of market salary data to determine how salaries have changed in the external market. Based on data collected, the commission and council jointly, in consultation with the Compensation Planning and Review Committee, shall adjust the classified salary schedule if changes are supported by the data.
(f) Annually, the commission and council may approve a minimum salary amount that sets forth a compensation level for each pay grade below which no organization employee may be paid, subject to available funds.
(1) The minimum salary amount for each pay grade on the classified salary schedule is determined by applying a percentage determined after analysis of the market and existing compensation levels to the annual market salary data. The commission and council may take into consideration other factors they consider appropriate.
(2) The salary of an employee working fewer than thirty-seven and one-half hours per week shall be prorated.
(g) The organization rule promulgated pursuant to subsection (c), section seven of this article may provide for differential pay for certain employees who work different shifts, weekends or holidays.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §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 or expression used to designate a West Virginia resident student, when used to determine the rate of tuition to be charged students attending state institutions of higher education, shall be construed to include the following:
(1) Members of the National Guard or reserves who are not residents of West Virginia but who are active members of a National Guard or reserve unit in West Virginia; and
(2) Current members of the United States armed forces who reside in West Virginia.
(b) A person who qualifies as a resident, as that term is defined in subsection (a) of this section, on the first day of the semester or term of the college or institution, shall be charged resident tuition rates.
(c) The provisions of this section apply at the beginning of the semester or term immediately following the effective date of this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-1b. Special Equity Fee; Purpose; Exemptions

In addition to the other fees provided in this article, each governing board has the authority to impose, collect and expend the proceeds of a special equity fee under the following conditions:
(a) The fee shall be used solely for the purpose of complying with the athletic provisions of 20 U.S.C. 1681, et seq., known as Title IX of the Education Amendment of 1972;
(b) The fee is exempt from limitations on fee increases set forth in this article for three years from the effective date of this section;
(c) The fee may not be used by an institution to advance its classification of participation in its athletics governing body; and
(d) The fee may not be imposed upon part-time students or students enrolled in an administratively linked community and technical college.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-1c. Definitions

For the purposes of this article, the following words have the meanings specified unless the context clearly indicates a different meaning:
(a) "Auxiliary capital fees" means charges levied on students to support debt service, information technology projects, capital projects and campus maintenance and renewal for the auxiliary facilities and information technology systems of the institutions;
(b) "Auxiliary fees" means charges levied on all students to support auxiliary enterprises or optional charges levied only on students using the auxiliary service. Auxiliary fees include sales and service revenue from entities that exist predominately to furnish goods or services to students, faculty or staff such as residence halls, faculty and staff housing, food services, intercollegiate athletics, student unions, bookstores, parking and other service centers;
(c) "Full-time graduate student" means a graduate student who is enrolled for nine or more credit hours in a regular term;
(d) "Full-time undergraduate student" means an undergraduate student who is enrolled for 12 or more credit hours in a regular term;
(e) "Required educational and general capital fees" means:
(1) Charges levied on all students to support debt service of systemwide bond issues; and
(2) Charges levied on all students to support debt service, information technology projects, capital projects and campus maintenance and renewal for an institutions educational and general educational facilities, and information systems.
(f) "Tuition and required educational and general fees" means:
(1) Charges levied on all students of that class or category to support educational and general program services and to support debt service, information technology projects, capital projects and campus maintenance, and renewal for an institutions educational and general educational facilities, auxiliary facilities and information technology systems; and
(2) Optional charges levied for education and general services collected only from students using the service or from students for whom the services are made available.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-2. Higher Education Resource Assessment

(a) Pursuant to the authority granted by section four, article one-b of this chapter, and section six, article two-b of this chapter, the commission and council jointly shall establish a higher education resource assessment per student for each state institution of higher education under their respective jurisdictions. Community and technical colleges shall transfer all funds collected pursuant to this section to the council. All other institutions shall transfer all funds collected pursuant to this section to the commission. Any reference in this code to higher education resource fee means this higher education resource assessment.
(b) The commission and council jointly shall fix the assessment for the various institutions and classes of students and may periodically change these assessments. The amount of the assessment for each institution shall be prorated for part-time students.
(c) Each institution shall maintain a level of support for libraries and library supplies, including books, periodicals, subscriptions and audiovisual materials, instructional equipment and materials; and for the improvement in quality and scope of student services comparable to that level supported by the higher education resource fee previously authorized by this section.
(d) The assessment shall be expended or allocated by the commission or council to meet its general operating expenses or to fund statewide programs. To the maximum extent practicable, the commission and council shall offset the impact, if any, on financially needy students of any potential assessment increase under this section by allocating an appropriate amount of the revenue to the state scholarship program to be expended in accordance with the provisions of article five, chapter eighteen-c of this code.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-4. Medical Education

The commission shall determine an appropriate portion of all tuition and fees paid by medical students enrolled for credit at the West Virginia University school of medicine, Marshall university school of medicine and the West Virginia school of osteopathic medicine to be used to support the health education student loan fund. The portion determined by the commission for this purpose shall be deposited into the health education student loan fund account in accordance with the provisions of article three, chapter eighteen-c of this code.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-4b. Additional Fee Waivers for Health Sciences and Technology Academy Programs

(a) In addition to the number of fee waivers permitted in sections five and six of this article for undergraduate, graduate and professional schools, each state institution of higher education may waive all fees or any part thereof for students who are residents of West Virginia and who successfully complete the health sciences and technology academy affiliated programs.
(b) For purposes of this section, "Health Sciences and Technology Academy Programs" means those programs in the health sciences designed to assist junior high and high school students in conjunction with their parents and teachers, to enhance their knowledge and abilities in subject matters which will further a career in the field of health sciences.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-5. Fee Waivers -- Undergraduate Schools

Each governing board periodically may establish fee waivers for students in undergraduate studies at institutions under its jurisdiction entitling recipients to waiver of tuition, capital and other fees subject to the following conditions and limitations:
(a) Undergraduate fee waivers established by the governing boards of Marshall University and West Virginia University, respectively, for the state institutions of higher education known as Marshall University and West Virginia University, are subject to the provisions of section six-a of this article;
(b) For the governing boards of state institutions of higher education other than the state institutions of higher education known as Marshall University and West Virginia University, the following conditions apply:
(1) An institution may not have in effect at any time undergraduate fee waivers totaling more in value than five percent of the tuition and required fees assessed for all full-time equivalent undergraduate students registered during the fall semester of the immediately preceding academic year.
(2) Each undergraduate fee waiver entitles the recipient of the waiver to attend a designated state institution of higher education without payment of the tuition, capital and other fees as may be prescribed by the governing board and is for a period of time not to exceed eight semesters of undergraduate study.
(3) The governing board shall make rules pursuant to the provisions of section six, article one of this chapter governing the award of undergraduate fee waivers; the issuance and cancellation of certificates entitling the recipients to the benefits of the waiver; the use of the fee waivers by the recipients; and the rights and duties of the recipients with respect to the fee waivers. These rules may not be inconsistent with the provisions of this section.
(4) The awarding of undergraduate fee waivers shall be entered in the minutes of the meetings of the governing board.
(5) Students enrolled in an administratively linked community and technical college shall be awarded a proportionate share of the total number of undergraduate fee waivers awarded by a governing board. The number to be awarded to students of the community and technical college is based upon the full-time equivalent enrollment of that institution.
(6) An institution may grant fee waivers to its employees, their spouses and dependents and these waivers are not counted when determining the maximum percentage of waivers permitted by this section.
(7) Any fee waivers mandated by this article or by section three, article nineteen, chapter eighteen of this code are not counted when determining the maximum percentage of waivers permitted by this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-6. Fee Waivers -- Professional and Graduate Schools

In addition to the fee waivers authorized for undergraduate study by the provisions of section five of this article, each governing board periodically may establish fee waivers for study in graduate and professional schools under its jurisdiction, including medicine and dentistry, entitling the recipients to waiver of tuition, capital and other fees subject to the following conditions and limitations:
(a) Graduate and professional fee waivers established by the governing boards of Marshall University and West Virginia University, respectively, are subject to the provisions of section six-a of this article;
(b) For the governing boards of state institutions of higher education other than the state institutions of higher education known as Marshall University and West Virginia University, the following conditions apply:
(1) An institution may not have in effect at any time graduate and professional school fee waivers totaling more in value than five percent of the tuition and required fees assessed for all full-time equivalent graduate and professional students registered during the corresponding fall semester, spring semester and summer term of the immediately preceding academic year. In addition to the five percent in this subdivision, all graduate assistants employed by these institutions shall be granted a fee waiver.
(2) Each graduate or professional school fee waiver entitles the recipient to waiver of the tuition, capital and other fees as may be prescribed by the governing boards and is for a period of time not to exceed the number of semesters normally required in the recipient's academic discipline.
(3) The governing boards shall make rules pursuant to the provisions of section six, article one of this chapter governing the award of graduate and professional school fee waivers; the issuance and cancellation of certificates entitling the recipients to the benefits of the waivers; the use of the fee waivers by the recipients; and the rights and duties of the recipients with respect to the fee waivers. These rules may not be inconsistent with the provisions of this section.
(4) The awarding of graduate and professional school fee waivers shall be entered in the minutes of the meeting of each governing board.
(5) An institution may grant fee waivers to its employees, their spouses and dependents, and these waivers are not counted when determining the maximum percentage of waivers permitted by this section.
(6) Any fee waivers mandated by this article or by section three, article nineteen, chapter eighteen of this code are not counted when determining the maximum percentage of waivers permitted by this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §18B-10-6a. Undergraduate, Graduate and Professional Fee Waivers – Marshall University and West Virginia University

(a) Undergraduate fee waivers. -–
(1) The governing boards of Marshall University and West Virginia University, respectively, may establish fee waivers for students in undergraduate studies at institutions under their jurisdiction which entitle recipients to waiver of tuition, capital and other fees, in whole or in part.
(2) Each undergraduate fee waiver is for a period of time not to exceed eight semesters of undergraduate study.
(3) Each governing board shall promulgate rules pursuant to the provisions of section six, article one of this chapter to govern the award of undergraduate fee waivers; the issuance and cancellation of certificates entitling the recipients to the benefits thereof; the use of the fee waivers by the recipients; and the rights and duties of the recipients with respect to the fee waivers. These rules may not be inconsistent with the provisions of this section.
(4) The awarding of undergraduate fee waivers shall be entered in the minutes of the meetings of the governing board.
(5) Students enrolled in an administratively linked community and technical college shall be awarded a proportionate share of the total number of undergraduate fee waivers awarded by a governing board. The number to be awarded to students of the community and technical college is based upon the full-time equivalent enrollment of that institution.
(b) Graduate and professional school fee waivers. -–
(1) In addition to the fee waivers authorized for undergraduate study by subsection (a) of this section, the governing boards of Marshall University and West Virginia University, respectively, each may establish fee waivers for study in the graduate and professional schools under its jurisdiction, including medicine and dentistry, which entitle the recipients to waiver of tuition, capital and other fees, in whole or in part.
(2) Each graduate or professional school fee waiver entitles the recipient to waiver of the tuition, capital and other fees, in whole or in part, as may be prescribed by the governing board and is for a period of time not to exceed the number of semesters normally required in the recipient's academic discipline.
(3) The governing boards each shall promulgate a rule pursuant to the provisions of section six, article one of this chapter, governing the award of graduate and professional school fee waivers; the issuance and cancellation of certificates entitling the recipients to the benefits thereof; the use of the fee waivers by the recipients; and the rights and duties of the recipients with respect to the fee waivers. These rules may not be inconsistent with the provisions of this section.
(4) The awarding of graduate and professional school fee waivers shall be entered in the minutes of the meeting of each governing board.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 10. Fees and Other Money Collected at State Institutions of Higher Education › §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 reduced tuition and fee program for senior citizens. The rule shall include at least the following:
(1) One option for individuals who attend undergraduate and graduate courses without receiving credit and one option for those who attend undergraduate and graduate courses for credit;
(2) A requirement that the following conditions be met under either option of the program:
(A) The participant is a resident of West Virginia;
(B) The participant is sixty-five years of age or older; and
(C) Classroom space is available;
(3) A method of establishing priority for allowing a participant to attend a class or course;
(4) A determination of whether to require participants to pay special fees, including laboratory fees, if the fees are required of all other students;
(5) A determination of whether to require participants to pay for parking;
(6) Requirements for participants in the program under the no credit option:
(A) A grade or credit may not be given; and
(B) The total tuition and fees charged for each course or class, excluding laboratory and parking fees, may not exceed $50 After July 1, 2004, the governing boards may change the maximum fee; and
(7) A requirement for participants in the program under the for credit option that tuition and fee rates may not exceed fifty percent of the normal rates charged to state residents by the institution.
(b) The provisions of this section apply to both classroom-based courses, electronic and Internet-based courses, and all other distance education delivery.